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Paul Merrell

Things Barack Obama Doesn't Consider "Abuse" | emptywheel - 0 views

  • President Obama will shortly give a speech in which he’ll make cosmetic changes to the NSA dragnet, but will continue, in many ways, the accessing of personal data from Americans with no probable cause. As part of his cosmetic effort, he will also say there has been no evidence of abuse in these programs. That means he does not consider any of the following abuse: The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
  • According to the NSA in 2009, it had a program similar to Project Minaret — the tracking of anti-war opponents in the 1970s — in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse. When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses). Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
  • The NSA has twice — in 2009 and 2011 — admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening. As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations. In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
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  • NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA. Rather than discussing any of these violations, the NSA has waved around a few cases of LOVEINT (most, if not all, of which have not been prosecuted) as part of a successful ploy to distract from much more systemic abuses of its authority, affecting far more Americans. But there has been abuse, even beyond practices (like back door searches) that gut the Fourth Amendment or (like NSA’s approach to encryption) that hurt Americans’ security. President Obama will spend a lot of time saying there have been no abuses. He’s wrong.
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    One I had missed before, Marcy Wheeler's missive just before Obama delivered his speech on the NSA in January 2014, announcing his proposed "reforms."
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Gary Edwards

Impeach Judge James Robart for violating sovereignty and Constitution - 0 views

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    "It's still hard to believe we now live in a country where a district judge can demand that we bring in refugees from state sponsors of terror and failed states saturated with terrorists and no data systems during a time of war. It's almost unfathomable that a district judge, an institution created by Congress, can overturn long-standing refugee law and bar the federal government from prioritizing persecuted religious minorities for refugee resettlement. All in contravention to statute, numerous clauses of the Constitution, the social contract, the social compact, popular sovereignty, jurisdictional sovereignty, and 200 years of case law. If Obergefell redefined the building block of all civilization, Judge James Robart's ruling redefined the building block of a sovereign nation. It's hard to comprehend a judicial opinion more divorced from our Constitution, sovereignty, fundamental laws, founding values, history, and tradition. It's also hard to imagine an opinion that is of greater consequence - unless it is ignored. In the long run, Congress must strip the federal judiciary of their power grab and restore Congress' plenary power over immigration, as it was since our founding. However, in the meantime, it's time to make impeachment great again. Impeachment was a critical check on abuse of power   Before the growth of political parties killed the separation of powers, the tool of impeachment was regarded by our founders as one of the most effective ways of checking the executive and judicial branches of government. By my count, impeachment is referenced 58 times in the Federalist Papers and countless times during the Constitutional Convention. Impeachment [U.S.CONST. art. II, §4] was not only reserved for those who engage in criminal behavior. It was clearly designed to check abuse of power. As the Congressional Research Service observes, Congress has identified "improperly exceeding or abusing the powers of the office" as a criterion for
Paul Merrell

Remember when Obama said the NSA wasn't "actually abusing" its powers? He was wrong. - 1 views

  • At a news conference Friday, President Obama insisted that the threat of NSA abuses was mostly theoretical: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused. Now part of the reason they’re not abused is because they’re — these checks are in place, and those abuses would be against the law and would be against the orders of the FISC [Foreign Intelligence Surveillance Court]. Today our colleague Barton Gellman released new documents that contradicted Obama’s claims. Gellman obtained an audit of the NSA’s compliance record from NSA leaker Snowden earlier this summer. The audit, dated May 2012, counted 2,776 incidents in the preceding 12 months where the agency engaged in “unauthorized collection, storage, access to or distribution of legally protected communications.” The audit only covered issues at NSA facilities in the D.C. and Fort Meade areas.
  • Obama said that wasn’t supposed to happen because it would be “against the orders of the FISC.” So why didn’t the judges on the court catch these abuses? In another story broken by The Post today, the chief of the Foreign Intelligence Surveillance Act (FISA) Court admits he doesn’t actually have the capability to investigate the compliance record of NSA surveillance programs:
  • Under the FISA regime, the government doesn’t have to seek permission for individual surveillance targets. Instead, it seeks FISC approval for broad schemes of surveillance like PRISM and the phone records program. But that makes it extremely difficult for the FISC to check the court’s work, since the NSA can — and, apparently, did — hide misconduct from the court that’s supposedly supervising its activities.
Paul Merrell

President Obama claims the NSA has never abused its authority. That's false | Trevor Ti... - 0 views

  • Time and again since the world learned the extent of what the NSA was doing, government officials have defended the controversial mass surveillance programs by falling back on one talking point: the NSA programs may be all-powerful, but they have never been abused. President Obama continually evokes the phase when defending the NSA in public. In his end-of-year press conference, he reiterated, "There continues not to be evidence that the [metadata surveillance] program had been abused". Former NSA chief Michael Hayden says this almost weekly, and former CIA deputy director and NSA review panel member Mike Morrell said it again just before Christmas. This mantra is likely to be repeated often in 2014 as Obama is set to address the nation on government surveillance, and Congress and the president debate whether any reforms are necessary.There's only one problem: it's not true.
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    The Guardian proves overwhelmingly that Obama lied about NSA abuse during his end-of-year press conference.-
Emery Ledger

Elder Abuse Attorney: Abuse in Nursing Homes - 0 views

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    Americans are living longer than in years past as according to the latest census, about 13% of the United States population is age 65 or older unlike in the past 1900 which is 4%. Studies show us that they are extremely vulnerable to abuse and neglect.
Paul Merrell

The Ron Paul Institute for Peace and Prosperity : Congress Defers to President On NSA R... - 0 views

  • Written by Ron Paul
  • Congress’s decline from the Founders’ vision as “first among equals” in government to an echo chamber of the unitary executive, has been a slow but steady process. In the process we have seen a steady stream of unconstitutional wars and civil liberties abuses at home. Nowhere is this decline more evident than in the stark contrast between the Congressional response to intelligence agencies’ abuses during the post-Watergate era and its response to the far more serious NSA abuses uncovered in recent years.
  • The parallel to the present NSA scandals cannot be ignored. What is completely different, however, is that Congress is today acting as an advocate for the executive branch’s continuing abuses, and as an opponent to the civil liberties of US citizens. Not only has Congress – with a precious few exceptions – accepted the NSA’s mass spying program on American citizens, it has actually been encouraging the president to continue and expand the program!   Where once there was a Congressional committee to challenge and oppose the president’s abuse of power, today the president himself has been even allowed by a complacent Congress to hand pick his own NSA review commission!   Are we really expected to believe that a commission appointed by the president to look into the activities of the president’s intelligence services will come to anything more than a few superficial changes to give the impression of real reform?  
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  • One of the president’s commission recommendations is that the NSA cease holding our phone records and demand that the private phone companies retain those records instead – for the NSA to access as it wishes. This is supposed to be reform?   The president will make a speech this Friday to tell the rest of us which of the suggestions made by his own commission he will decide to implement. Congress has no problem with that. Rep. Adam B. Schiff (D-Calif.) admitted last week that Congress has no intention of asserting itself in the process. “It’s my hope that [Obama will] do as much as he can through the executive process because the legislative process will be difficult, perilous and long.”
  • Senator Church famously said back in 1975: In the need to develop a capacity to know what potential enemies are doing, the United States government has perfected a technological capability that enables us to monitor the messages that go through the air… We must know, at the same time, that capability at any time could be turned around on the American people, and no American would have any privacy left... There would be no place to hide…. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision so that we never cross over that abyss. That is the abyss from which there is no return.” Have we reached that point? Let us hope not. Real reform begins with the repeal of the PATRIOT Act and of the 2001 Authorization for the use of military force. If we keep our eye on that goal and not allow ourselves to become distracted with the president’s phony commissions we might force Congress to listen.
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    Ron Paul gives us a history lesson on Congressional oversight of NSA abuses and contrasts that with today's Congressional obedience to the unitary Executive's wishes.
Paul Merrell

The Sound of Torture - The Intercept - 0 views

  • Suddenly there was a chilling scream. “Allah,” someone wailed. “Allah! Allah!” As I wrote at the time, this wasn’t a cry of religious ecstasy. It was the sound of deep pain, coming from elsewhere in the town library, which had been turned into a detention center by Iraqi security forces who were advised by American soldiers and contractors. I was embedded with the Americans for a week, and I had already heard two of them, from the Wisconsin National Guard, talk about seeing their Iraqi partners trussing up prisoners like animals at a slaughter. During raids, I had seen these Iraqis beat their detainees — muggings as a form of questioning — while their American advisers watched.
  • The CIA’s violations of its detainees are the tip of the torture iceberg. We run the risk, in the necessary debate sparked by the Senate’s release of 500 pages on CIA interrogation abuses, of focusing too narrowly on what happened to 119 detainees held at the agency’s black sites from 2002-2006. The problem of American torture — how much occurred, what impact it had, who bears responsibility — is much larger. Across Iraq and Afghanistan, American soldiers and the indigenous forces they fought alongside committed a large number of abuses against a considerable number of people. It didn’t begin at Abu Ghraib and it didn’t end there. The evidence, which has emerged in a drip-drip way over the years, is abundant though less dramatic than the aforementioned 500-page executive summary of the Senate’s still-classified report on the CIA.
  • Just as the CIA opposed release of the Senate torture report, the Pentagon and White House continue to do their best to suppress the evidence. The Daily Beast noted the other day that the Obama Administration, responding to pressure from the Pentagon, continues to fight in court to prevent the publication of thousands of photos of detainee abuse. The argument against release is nearly identical to the argument used by the CIA to repress the Senate’s report—it could put American lives in danger. To her credit, Sen. Dianne Feinstein pushed back and published an executive summary of her committee’s 6,000-page report (which has caused practically no protest or violence overseas). Repression is the gut instinct of institutions that have something to hide, and I came across that in Samarra, too. Shortly after I witnessed the threatened execution of a detainee (an Iraqi soldier pointed his AK-47 at a prisoner who was against a wall with his hands up), an order came down from the American command to get me out of Samarra. I was told to pack my backpack for the next convoy out of town. After I made a flurry of calls on my satellite phone, the order was rescinded. Someone wanted the truth to come out.
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  • Here’s a partial reading list of essential reporting on torture in Iraq and Afghanistan: Senate Report on Abuses of Military Detainees (2008): http://media.washingtonpost.com/wp-srv/nation/pdf/12112008_detaineeabuse.pdf Haditha Killings by Tim McGirk: http://content.time.com/time/world/article/0,8599,1174649,00.html Taguba Report on Abuses at Abu Ghraib: https://www.aclu.org/sites/default/files/torturefoia/released/TR3.pdf Abu Ghraib Abuses by Seymour Hersh: http://www.newyorker.com/magazine/2004/05/10/torture-at-abu-ghraib Special Forces in Afghanistan by Matt Aikens: http://www.rollingstone.com/feature/a-team-killings-afghanistan-special-forces Constitution Project’s Task Force on Detainee Treament (See especially chapter 3): http://detaineetaskforce.org/report/ “The Dark Side” by Jane Mayer: http://www.amazon.com/The-Dark-Side-Inside-American/dp/0307456293
  • “None of Us Were Like This Before” by Joshua Phillips: http://www.amazon.com/None-Were-Like-This-Before/dp/1844678849 The Killing of Dilawar by Carlotta Gall: http://www.nytimes.com/2003/03/04/international/asia/04AFGH.html “Pay Any Price” by James Risen (See especially Chapter 7): http://www.barnesandnoble.com/w/pay-any-price-james-risen/1117916812?ean=9780544341418 “Dirty Wars” by Jeremy Scahill (a founder of The Intercept): http://www.amazon.com/Dirty-Wars-The-World-Battlefield/dp/156858671X “How to Break a Terrorist” by Matthew Alexander: http://www.amazon.com/How-Break-Terrorist-Interrogators-Brutality/dp/B0085S1S5K “The Black Banners” by Ali Soufan: http://www.amazon.com/Black-Banners-Inside-Against-al-Qaeda/dp/0393079422 “Kandahar’s Mystery Executions” by Anand Gopal: http://harpers.org/archive/2014/09/kandahars-mystery-executions/ “No Good Men Among the Living” by Anand Gopal: http://www.amazon.com/No-Good-Men-Among-Living/dp/0805091793
Paul Merrell

The disappeared: Chicago police detain Americans at abuse-laden 'black site' | US news ... - 0 views

  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
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  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • Brian Jacob Church, a protester known as one of the “Nato Three”, was held and questioned at Homan Square in 2012 following a police raid. Officers restrained Church for the better part of a day, denying him access to an attorney, before sending him to a nearby police station to be booked and charged.
  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • “Homan Square is definitely an unusual place,” Church told the Guardian on Friday. “It brings to mind the interrogation facilities they use in the Middle East. The CIA calls them black sites. It’s a domestic black site. When you go in, no one knows what’s happened to you.”
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution. “This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution.
Paul Merrell

'A Line in the Sand' in Fight to Release Thousands of Photos of Prisoner Abuse - The In... - 0 views

  • A federal judge is demanding that the government explain, photo-by-photo, why it can’t release hundreds, and perhaps thousands, of pictures showing detainee abuse by U.S. forces at military prison sites in Iraq and Afghanistan. In a courtroom in the Southern District of New York yesterday, Judge Alvin Hellerstein appeared skeptical of the government’s argument, which asserted that the threat of the Islamic State and Al Qaeda exploiting the images for propaganda should override the public’s right to see any of the photos. He was “highly suspicious” of the government’s attempt to declare the whole lot of the photos dangerous. “It’s too easy and too meaningless,” he said. Since 2004, the American Civil Liberties Union has been fighting for the release of photos from military investigations into prisoner abuse beyond those that were leaked from Abu Ghraib. The additional pictures reportedly show sexual assault, soldiers posing with dead bodies, and other offenses. The exact number of photos has not been disclosed in court, though former Senator Joe Lieberman has previously said that there are nearly 2,100.
  • Hellerstein first ordered the government to hand over a subset of the pictures in 2005. President Obama decided to release them in 2009, but Iraqi Prime Minister Nouri al-Maliki and the top American general in Iraq implored him not to. Congress then passed a law amending the Freedom of Information Act to allow the Secretary of Defense to certify that publishing the pictures could put American lives at risk, which then-secretary Robert Gates did. The ACLU continued to fight the issue in court, and last August, Hellerstein ordered that the government needed to justify withholding each picture individually.
Paul Merrell

The NSA's New Partner in Spying: Saudi Arabia's Brutal State Police - The Intercept - 1 views

  • The National Security Agency last year significantly expanded its cooperative relationship with the Saudi Ministry of Interior, one of the world’s most repressive and abusive government agencies. An April 2013 top secret memo provided by NSA whistleblower Edward Snowden details the agency’s plans “to provide direct analytic and technical support” to the Saudis on “internal security” matters. The Saudi Ministry of Interior—referred to in the document as MOI— has been condemned for years as one of the most brutal human rights violators in the world. In 2013, the U.S. State Department reported that “Ministry of Interior officials sometimes subjected prisoners and detainees to torture and other physical abuse,” specifically mentioning a 2011 episode in which MOI agents allegedly “poured an antiseptic cleaning liquid down [the] throat” of one human rights activist. The report also notes the MOI’s use of invasive surveillance targeted at political and religious dissidents.
  • But as the State Department publicly catalogued those very abuses, the NSA worked to provide increased surveillance assistance to the ministry that perpetrated them.
  • “With the approval of the Third Party SIGINT relationship,” the memo reports, the NSA “intends to provide direct analytic and technical support to TAD.” The goal is “to facilitate the Saudi government’s ability to utilize SIGINT to locate and track individuals of mutual interest within Saudi Arabia.”
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  • The National Security Agency last year significantly expanded its cooperative relationship with the Saudi Ministry of Interior, one of the world’s most repressive and abusive government agencies. An April 2013 top secret memo provided by NSA whistleblower Edward Snowden details the agency’s plans “to provide direct analytic and technical support” to the Saudis on “internal security” matters. The Saudi Ministry of Interior—referred to in the document as MOI— has been condemned for years as one of the most brutal human rights violators in the world. In 2013, the U.S. State Department reported that “Ministry of Interior officials sometimes subjected prisoners and detainees to torture and other physical abuse,” specifically mentioning a 2011 episode in which MOI agents allegedly “poured an antiseptic cleaning liquid down [the] throat” of one human rights activist. The report also notes the MOI’s use of invasive surveillance targeted at political and religious dissidents. But as the State Department publicly catalogued those very abuses, the NSA worked to provide increased surveillance assistance to the ministry that perpetrated them. The move is part of the Obama Administration’s increasingly close ties with the Saudi regime; beyond the new cooperation with the MOI, the memo describes “a period of rejuvenation” for the NSA’s relationship with the Saudi Ministry of Defense. In general, U.S. support for the Saudi regime is long-standing. One secret 2007 NSA memo lists Saudi Arabia as one of four countries where the U.S. “has [an] interest in regime continuity.”
Paul Merrell

Secret documents shine light on GCSB spying in Bangladesh - National - NZ Herald News - 0 views

  • Secret documents reveal New Zealand has shared intelligence collected through covert surveillance with Bangladesh despite that country's security forces being implicated in extrajudicial killings, torture and other human rights abuses. The documents shine light on the major role played by the Government Communications Security Bureau (GCSB) in electronic spying operations conducted in the small South Asian nation. The surveillance has been used to aid the United States as part of its global counter-terrorism campaign, launched after the September 11 attacks in 2001. The New Zealand Herald analysed the documents in collaboration with US news website The Intercept, which obtained them from the NSA whistle-blower Edward Snowden.
  • Green Party co-leader Russel Norman said the spy agency was "dragging" New Zealand into human rights abuses, and the Government should stop providing intelligence assistance to Bangladesh. "All three key anti-terrorism government agencies in Bangladesh have been implicated in horrendous human rights abuses, so it is impossible to guarantee that the information passed on did not lead to innocent people being killed or tortured," Dr Norman said. "John Key has always justified the GCSB on the basis that it is there to protect the good guys, but these documents reveal that it is helping the bad guys.
  • The intelligence gathered by the GCSB staff was also being forwarded to foreign intelligence agencies, including Bangladesh's state intelligence agency. In recent years, human rights groups have issued several reports documenting Bangladeshi intelligence and security agencies' disregard for international prohibitions on torture and alleged involvement in politically motivated killings. In 2014, a case was filed in the International Criminal Court accusing the Bangladesh Government of committing crimes against humanity. The GCSB's surveillance operations in Bangladesh are among the most surprising and obscure yet revealed. Bangladesh barely registers in New Zealand foreign policy. The Ministry of Foreign Affairs and Trade website says: "Relations between New Zealand and Bangladesh remain friendly, although interaction is limited." Nonetheless, a New Zealand government source told the Herald that Bangladesh is the main focus of one of the GCSB's four analysis sections, called ICT, and has been for over a decade. ICT, the Transnational Issues section, was set up in April 2002 in the wake of the September 11 attacks to focus on terrorism threats.
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  • The 2009 document reveals that there is a special collection site in the Bangladesh capital, Dhaka, for eavesdropping on local communications. New Zealand does not have a high commission or any other official building in Bangladesh in which to hide a covert listening post. The Snowden documents suggest the Dhaka unit may be located inside a US-controlled building with operations overseen by the NSA and the Central Intelligence Agency (CIA).
  • The Bangladesh spying is revealed in an April 2013 US National Security Agency (NSA) report about its relationship with New Zealand. In a section called "What Partner Provides to NSA", it says "GCSB has been the lead for the intelligence community on the Bangladesh CT [Counter-Terrorism] target since 2004." The GCSB provides "one of the key SIGINT [signals intelligence] sources of [Bangladesh counter-terrorism] reporting to the US intelligence community."
  • The intelligence gathered by the GCSB staff was being forwarded to foreign intelligence agencies. The April 2013 NSA report said the "GCSB's Bangladesh CT [counter terrorism] reporting provided unique intelligence leads that have enabled successful CT operations by Bangladesh State Intelligence Service, CIA and India over the past year". The specific Bangladesh "State Intelligence Service" referred to is not named in the document. Bangladesh has several agencies that focus on gathering intelligence, primarily including the Directorate General of Forces Intelligence (DGFI), the National Security Intelligence agency (NSI), and the police Special Branch. The lead agency that executes the country's counter-terrorism operations is the Rapid Action Battalion, or RAB. Each of these agencies has been accused of involvement in severe human rights abuses over a sustained number of years. In 2008, for instance, Human Rights Watch alleged that the Special Branch headquarters in Dhaka's Maghbazar neighbourhood was used to torture detainees.
  • In 2010, a trade union activist accused the NSI of arresting, torturing, and threatening to kill him. The same activist was found dead in unexplained circumstances two years later, his toes and feet broken, legs and body battered and bruised, and his legs apparently pierced with a sharp object. Bangladesh's intelligence agencies and main police and security forces co-operate closely. Most notably, they work together as part of a notorious centre called the Taskforce for Interrogation Cell, located inside a compound in northern Dhaka that is controlled by the RAB unit. In 2011, Britain's Guardian newspaper reported the interrogation cell was used as a place to extract information and confessions from "enemies of the state". It was described as a "torture centre" used for "deliberate and systematic" mistreatment of detainees. One British man detained there in 2009 on terrorism-related charges was allegedly hooded and strapped to a chair while a drill was driven into his right shoulder and hip.
  • Other torture methods used by Bangladeshi authorities, according to Human Rights Watch, have included "burning with acid, hammering of nails into toes ... electric shocks, beatings on legs with iron rods, beating with batons on backs after sprinkling sand on them, ice torture, finger piercing, and mock executions". In February last year, the US Government suspended its own support for the RAB, citing "gross violation of human rights" committed by the force's members. The same month, a case against the Bangladesh Government was lodged in the International Criminal Court, accusing the country's officials of waging a brutal campaign of "widespread or systematic" torture, killings, and other human rights abuses that amounted to crimes against humanity.
Paul Merrell

There Are Several Thousand Secret Photos of America's Horrific Torture Program. Should ... - 0 views

  • You may recall, from the dark days of Abu Ghraib, that there was a batch of photos that was never released—images the Pentagon deemed so inflammatory that they needed to stay under wraps. The ones we saw were disturbing enough: the piles of naked Iraqi prisoners, the soldier giving a thumbs up next to an ice-packed corpse, the prisoners being menaced by dogs. And who can forget that iconic shot of a hooded man (his name is Ali Shalil Qaissi), standing on a box in a shower with wires attached to his fingers—a mock execution. There are as many as 2,100 additional images, according to the ACLU, which sued the government in 2004 demanding their release. President Obama has resisted the legal efforts, noting in a statement that to make the photos public would "impact the safety of our troops." Newsweek's Lauren Walker nicely summarizes the developments so far, some of which my colleague Nick Baumann has also covered, so here's the upshot: In August, a federal judge gave the administration an ultimatum: either release the photos or provide evidence for each image explaining why publishing it would be detrimental to national security. On December 19, the administration indicated that it would take the latter course, and a hearing on the new evidence has been set for January 20.
  • Because the concealed images, the ACLU told Newsweek, aren't simply more examples of abuse: "One of the reasons we’ve been fighting for so long for these photographs is because the official narrative following the disclosure of the Abu Ghraib photos was that those abuses were the result of a few bad apples," says Alex Abdo, an ACLU staff attorney working on the case since 2005. "These photographs come from at least seven different detention facilities throughout Afghanistan and Iraq.... We think this would once and for all end the myth that the abuse that took place at Abu Ghraib was an aberration," he says. "It was essentially official policy. It was widespread at different facilities under different commanders."
  • Consider this exchange between Stanford psychologist Phil Zimbardo and former Staff Sgt. Ivan "Chip" Frederick, who got an eight-year prison sentence for his role in the Abu Ghraib horrorshow. (He was the guy who staged the mock execution.) The interview is from Zimbardo's 2007 book, The Lucifer Effect, which is about how good people placed in bad situations end up doing abhorrent things.
Paul Merrell

CIA Torture Architects Settle With Survivors Avoiding Publicity Of Trial - 0 views

  • Two psychologists, James Mitchell and Bruce Jessen, who were contracted by the CIA to develop torture techniques, agreed to a confidential settlement with torture survivors. The American Civil Liberties Union (ACLU) sued Mitchell and Jessen on behalf of Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the family of Gul Rahman. The lawsuit alleged the CIA contractors committed crimes that included water torture, forcing prisoners into boxes, and chaining prisoners in painful stress positions to walls.
  • Mitchell, Jessen, and plaintiffs agreed to release the following joint statement: Drs. Mitchell and Jessen acknowledge that they worked with the CIA to develop a program for the CIA that contemplated the use of specific coercive methods to interrogate certain detainees.” Plaintiff Gul Rahman was subjected to abuses in the CIA program that resulted in his death and in pain and suffering for his family. Plaintiffs Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud were also subjected to coercive methods in the CIA program, which resulted in pain and suffering for them and their families. Plaintiffs assert that they were subjected to some of the methods proposed by Drs. Mitchell and Jessen to the CIA and stand by their allegations regarding the responsibility of Drs. Mitchell and Jessen. Drs. Mitchell and Jessen assert that the abuses of Mr. Salim and Mr. Ben Soud occurred without their knowledge or consent and that they were not responsible for those actions. Drs. Mitchell and Jessen also assert that they were unaware of the specific abuses that ultimately caused Mr. Rahman’s death and are also not responsible for those actions.” Drs. Mitchell and Jessen state that it is regrettable that Mr. Rahman, Mr. Salim, and Mr. Ben Soud suffered these abuses.
  • The settlement comes after Judge Justin Quackenbush denied a last-ditch effort by Mitchell and Jessen to get the lawsuit dismissed. They invoked the cases of accused Nazi war criminals to argue they should not be held responsible for the torture techniques they developed. Quackenbush was not persuaded by the contractors’ arguments and suggested a “finder of fact” might conclude that since they were at secret detention sites they “exercised significant control during individual interrogations.”
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  • The settlement is monumental in the sense that James Mitchell and Bruce Jessen are the first individuals to be held responsible, to some degree, for CIA torture in the “War on Terrorism.” “This is a historic victory for our clients and the rule of law,” declared ACLU attorney Dror Ladin. “This outcome shows that there are consequences for torture and that survivors can and will hold those responsible for torture accountable. It is a clear warning for anyone who thinks they can torture with impunity.” However, the CIA investigated the actions of its personnel and determined not a single person committed a crime that deserved prosecution. President Barack Obama’s administration conducted a review of detention and interrogation practices, but they shied away from prosecuting any government officials or interrogators, who were implicated in carrying out torture.
  • The high point of public “accountability” was a study conducted by the Senate Select Committee on Intelligence. A summary of the report clearly established much of the extent to which the CIA carried out brutality against detainees and then sought to conceal it from those who might provide any kind of oversight. It was the Obama administration that opposed individuals, such as Ethiopian native Binyam Mohamed and Canadian citizen Maher Arar, as they sought to hold officials in President George W. Bush’s administration accountable. They took steps to prevent survivors from having their day in court, and that’s partly why the fact that this civil lawsuit nearly made it to trial was significant. With a U.S. president in office now who has praised waterboarding and other forms of torture, this is unlikely to be much of a deterrent on government officials who engage in torture or abuse. It may impact whether private contractors participate in the detention or interrogation of captives. Or it might lead private contractors to ensure there are more clearly laid out terms in contracts to prevent them from being held liable in courts. Still, the survivors achieved some semblance of justice, and given how rare any sliver of justice is when it comes to cases against people implicated in government-sponsored torture, this settlement is inarguably a remarkable outcome.
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    I was hoping to see this case go to trial. Now I'm hoping for the ACLU to turn loose of all the documents they received in discovery.
Gary Edwards

As Natural News predicted: NSA has been blackmailing Supreme Court judges, members of C... - 0 views

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    Blackmail! excerpt: "Ten days ago, I publicly stated my belief that the NSA had used its spy apparatus to gather dirt on Supreme Court Justice John Roberts, then used that leverage to force him to change his vote on Obamacare. See the original article here. Five days later, I also predicted the NSA was using its spy powers to surveil members of Congress and the U.S. Senate. In an article published on June 16, 2013, I wrote, "There could already be countless cases of the NSA using its god-like powers to blackmail people in key positions in the U.S. Senate (which is full of pedophiles and perverts), the House of Representatives, the State Department or even the US Supreme Court. There are virtually no limits to the abuses of this power." Suddenly, new revelations prove this to be true. Russ Tice, a Bush-era NSA analyst-turned-whistleblower has sounded the alarm on the true depth of the NSA's surveillance abuses. In an interview on the Boiling Frogs Podcast, Tice stated: They went after -- and I know this because I had my hands literally on the paperwork for these sort of things -- they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the -- and judicial... They went after lawyers and law firms. All kinds of -- heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the executive service that were part of the White House -- their own people.
Paul Merrell

Barack Obama: My Position On FISA - 0 views

  • Today, Barack Obama posted a message to supporters on my.barackobama.com about the FISA legislation. I want to take this opportunity to speak directly to those of you who oppose my decision to support the FISA compromise. This was not an easy call for me. I know that the FISA bill that passed the House is far from perfect. I wouldn't have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush's abuse of executive power. It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush administration's program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That's why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.
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    Obama's position on FISA in 2008, while he was still a Senator. "[A]ccountability for past abuses ... " 
Paul Merrell

Tomgram: Engelhardt, Knowledge Is Crime | TomDispatch - 0 views

  • Seven Free Passes for the National Security State With Cartwright as a possible exception, the members of the national security state, unlike the rest of us, exist in what might be called “post-legal” America.  They know that, no matter how heinous the crime, they will not be brought to justice for it.  The list of potentially serious criminal acts for which no one has had to take responsibility in a court of law is long, and never tabulated in one place.  Consider this, then, an initial run-down on seven of the most obvious crimes and misdemeanors of this era for which no one has been held accountable.
  • *Kidnapping:
  • *The destruction of evidence of a crime:
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  • *Torture (and other abuses):
  • *Perjury before Congress:
  • *The killing of detainees in that extralegal system:
  • *Assassination:
  • *The planning of an extralegal prison system:
  • Mind you, the above seven categories don’t even take into account the sort of warrantless surveillance of Americans that should have put someone in a court of law, or the ways in which various warrior corporations overbilled or cheated the government in its war zones, or the ways private contractors “ran wild” in those same zones.  Even relatively low-level crimes by minor figures in the national security state have normally not been criminalized.  Take, for example, the private surveillance of and cyberstalking of “love interests,” or “LOVEINT,” by NSA employees using government surveillance systems.  The NSA claims that at least one employee was “disciplined” for this, but no one was taken to court.  A rare exception: a number of low level military figures in the Abu Ghraib scandal were tried for their abusive actions, convicted, and sent to jail, though no one higher than a colonel was held accountable in court for those infamously systematic and organized acts of torture and abuse. Too Big to Fail, National Security-Style
  • In Washington today, knowledge is the only crime.  That’s a political reality of the twenty-first century.  Get used to it.
Gary Edwards

Ted Cruz: Legal Limit Report 4 - 0 views

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    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore th
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    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unil
Paul Merrell

Google Chrome Listening In To Your Room Shows The Importance Of Privacy Defense In Depth - 0 views

  • Yesterday, news broke that Google has been stealth downloading audio listeners onto every computer that runs Chrome, and transmits audio data back to Google. Effectively, this means that Google had taken itself the right to listen to every conversation in every room that runs Chrome somewhere, without any kind of consent from the people eavesdropped on. In official statements, Google shrugged off the practice with what amounts to “we can do that”.It looked like just another bug report. "When I start Chromium, it downloads something." Followed by strange status information that notably included the lines "Microphone: Yes" and "Audio Capture Allowed: Yes".
  • Without consent, Google’s code had downloaded a black box of code that – according to itself – had turned on the microphone and was actively listening to your room.A brief explanation of the Open-source / Free-software philosophy is needed here. When you’re installing a version of GNU/Linux like Debian or Ubuntu onto a fresh computer, thousands of really smart people have analyzed every line of human-readable source code before that operating system was built into computer-executable binary code, to make it common and open knowledge what the machine actually does instead of trusting corporate statements on what it’s supposed to be doing. Therefore, you don’t install black boxes onto a Debian or Ubuntu system; you use software repositories that have gone through this source-code audit-then-build process. Maintainers of operating systems like Debian and Ubuntu use many so-called “upstreams” of source code to build the final product.Chromium, the open-source version of Google Chrome, had abused its position as trusted upstream to insert lines of source code that bypassed this audit-then-build process, and which downloaded and installed a black box of unverifiable executable code directly onto computers, essentially rendering them compromised. We don’t know and can’t know what this black box does. But we see reports that the microphone has been activated, and that Chromium considers audio capture permitted.
  • This was supposedly to enable the “Ok, Google” behavior – that when you say certain words, a search function is activated. Certainly a useful feature. Certainly something that enables eavesdropping of every conversation in the entire room, too.Obviously, your own computer isn’t the one to analyze the actual search command. Google’s servers do. Which means that your computer had been stealth configured to send what was being said in your room to somebody else, to a private company in another country, without your consent or knowledge, an audio transmission triggered by… an unknown and unverifiable set of conditions.Google had two responses to this. The first was to introduce a practically-undocumented switch to opt out of this behavior, which is not a fix: the default install will still wiretap your room without your consent, unless you opt out, and more importantly, know that you need to opt out, which is nowhere a reasonable requirement. But the second was more of an official statement following technical discussions on Hacker News and other places. That official statement amounted to three parts (paraphrased, of course):
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  • 1) Yes, we’re downloading and installing a wiretapping black-box to your computer. But we’re not actually activating it. We did take advantage of our position as trusted upstream to stealth-insert code into open-source software that installed this black box onto millions of computers, but we would never abuse the same trust in the same way to insert code that activates the eavesdropping-blackbox we already downloaded and installed onto your computer without your consent or knowledge. You can look at the code as it looks right now to see that the code doesn’t do this right now.2) Yes, Chromium is bypassing the entire source code auditing process by downloading a pre-built black box onto people’s computers. But that’s not something we care about, really. We’re concerned with building Google Chrome, the product from Google. As part of that, we provide the source code for others to package if they like. Anybody who uses our code for their own purpose takes responsibility for it. When this happens in a Debian installation, it is not Google Chrome’s behavior, this is Debian Chromium’s behavior. It’s Debian’s responsibility entirely.3) Yes, we deliberately hid this listening module from the users, but that’s because we consider this behavior to be part of the basic Google Chrome experience. We don’t want to show all modules that we install ourselves.
  • If you think this is an excusable and responsible statement, raise your hand now.Now, it should be noted that this was Chromium, the open-source version of Chrome. If somebody downloads the Google product Google Chrome, as in the prepackaged binary, you don’t even get a theoretical choice. You’re already downloading a black box from a vendor. In Google Chrome, this is all included from the start.This episode highlights the need for hard, not soft, switches to all devices – webcams, microphones – that can be used for surveillance. A software on/off switch for a webcam is no longer enough, a hard shield in front of the lens is required. A software on/off switch for a microphone is no longer enough, a physical switch that breaks its electrical connection is required. That’s how you defend against this in depth.
  • Of course, people were quick to downplay the alarm. “It only listens when you say ‘Ok, Google’.” (Ok, so how does it know to start listening just before I’m about to say ‘Ok, Google?’) “It’s no big deal.” (A company stealth installs an audio listener that listens to every room in the world it can, and transmits audio data to the mothership when it encounters an unknown, possibly individually tailored, list of keywords – and it’s no big deal!?) “You can opt out. It’s in the Terms of Service.” (No. Just no. This is not something that is the slightest amount of permissible just because it’s hidden in legalese.) “It’s opt-in. It won’t really listen unless you check that box.” (Perhaps. We don’t know, Google just downloaded a black box onto my computer. And it may not be the same black box as was downloaded onto yours. )Early last decade, privacy activists practically yelled and screamed that the NSA’s taps of various points of the Internet and telecom networks had the technical potential for enormous abuse against privacy. Everybody else dismissed those points as basically tinfoilhattery – until the Snowden files came out, and it was revealed that precisely everybody involved had abused their technical capability for invasion of privacy as far as was possible.Perhaps it would be wise to not repeat that exact mistake. Nobody, and I really mean nobody, is to be trusted with a technical capability to listen to every room in the world, with listening profiles customizable at the identified-individual level, on the mere basis of “trust us”.
  • Privacy remains your own responsibility.
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    And of course, Google would never succumb to a subpoena requiring it to turn over the audio stream to the NSA. The Tor Browser just keeps looking better and better. https://www.torproject.org/projects/torbrowser.html.en
Paul Merrell

UK Security Enforced Media Blackout of Government Child Abuse | News | teleSUR - 0 views

  • Two British newspaper bosses claim that national security services prevented them from publishing allegations of a government pedophile ring in the 1980s on the grounds that it was intelligence that might damage national security. The executives were issued with the D-notices in 1984, when they were due to print damning details enclosed in a dossier on the child sex abuse scandal handed to them by former Labour minister, Barbara Castle. Officials say that no records of the media blackout notices can be found however, leading investigators into the case to believe that they were destroyed, further heightening suspicions of a government cover-up. Security officials said that files “going back beyond 20 years are not complete because files are reviewed and correspondence of a routine nature with no historical significance destroyed.” However, the security services deny a whitewash.
  • The case, which was finally exposed June of this year, relates to a number of prominent politicians and security chiefs under Margaret Thatcher's government who repeatedly sexually and physically abused young boys, holding ‘sex parties’ in a central London residence. This month, a man who claims to have been a victim of the ring, revealed that he saw a Conservative Member of Parliament murder a young boy during one of these depraved sex parties, and that two other boys were killed by the gang. London's Metropolitan Police say they are taking the man's account seriously and are now investigating a “possible homicide.”
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    Thatcher died last year, which may have something to do with the delay in this story emerging. But this will put the British Conservative Party playing defense in the next election.
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