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Paul Merrell

Japanese Gov admits "One" Fukushima Cleanup Worker contracted Cancer | nsnbc international - 0 views

  • The Japanese Labor Ministry announced that it has recognized that one Fukushima cleanup worker has contracted cancer. Some 44,000 workers have participated in the cleanup after the nuclear disaster in 2011. Most of the workers’ health history is undocumented while the government cracks down on journalists who document the government’s and Fukushima Daiichi operator TEPCO’s cover-up of the impact on workers’ health.
  • Some 44,000 workers have participated in the cleanup operation at the crippled Fukushima Daichi Nuclear Power plant since the plant was struck by three reactor core meltdowns, spent fuel fires, and the distribution of highly radioactive spent fuel rods and pellets during an explosion. The vast majority of the cleanup workers belong to socio-economically underprivileged strata of Japan’s society, including long-term unemployed and the homeless. Fukushima Daiichi operator TEPCO has been criticized for outsourcing the recruitment of cleanup workers to sub-contractors with ties to Japan’s organized crime network, the Yakuza. While the Labor Ministry’s admission that one cleanup worker contracted leukemia due to exposure to radioactive nucleides during his work at the disaster site may seem like “progress”, it merely covers the tip of an iceberg. Several factors contribute to what amounts to a systematic cover-up of the true impact on the health of cleanup workers. For one, there is Japanese legislation that threatens anyone, including journalists who disclose unauthorized information about the disaster and its detrimental health and environmental impact with up to ten years imprisonment.
  • Another factor is the systematic intimidation and threats against investigative journalists by the Japanese government, Japanese police, TEPCO, as well as by organized crime networks. One example is the case of independent journalist Mako Oshidori who interviewed and documented the cases of numerous cleanup workers. In 2014 Mako reported that she discovered a TEPCO memo, in which the Fukushima Daiichi operator TEPCO instructs officials to “cut Mako-chan’s (questions) short, appropriately”. Mako Oshidori was enrolled in the School of Life Sciences at Tottori University Faculty of Medicine for three years. Mako revealed that TEPCO and the government cover-up the death of Fukusjima workers and that government agents began following her around after she began investigating the cover-up.
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  • “As of now, there are multiple NPP workers who have died, but only the ones who died on the job are reported publicly. Some of them have died suddenly while off work, for instance, during the weekend or in their sleep, but none of their deaths are reported. … “Not only that, they are not included in the worker death count. For example, there are some workers who quit the job after a lot of radiation exposure, such as 50, 60 to 70 mili Sieverts, and end up dying a month later, but none of these deaths are either reported, or included in the death toll. This is the reality of the NPP workers”.
  • The Labor Ministry’s admission that “one cleanup worker contacted cancer” can, arguably, be perceived as nothing but a continuum of the cover-up of hard scientific data, the prevention of independent studies and the intimidation and criminalization of journalists who could disclose that thousands of Fukushima cleanup workers have fallen critically ill and/or have died.
clausonlaw22

How Much Does Mental Health Disability Pay In 2023 - 0 views

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    How Much Does Mental Health Disability Pay In 2023 Social Security Disability Insurance (SSDI or SSD) is the sole source of income for millions of Americans who are unable to work due to a non-work-related injury or illness. SSDI benefits are available only to workers and former workers with a substantial employment history. Both physical and mental disabilities are covered under the Social Security Act. While SSDI pays the same benefits for qualifying mental impairments as it does for physical impairments, the amount each individual receives in benefits depends on their history of earnings. This blog post will explain how Social Security defines qualifying disabilities, including mental impairments, and determines each individual's benefit payment. At The Clauson Law Firm, we know how important it is for every disability applicant and benefit recipient to understand how their benefits are arrived at, what affects their continued benefits, and how their benefits can change over time. Contact Clauson Law today if you have questions about qualifying for SSDI benefits or need help filing a claim or appealing a denial. We've helped thousands of disabled people across the U.S. with their disability claims. Mental Impairments And Social Security Disability More than 40% of SSD cases in the United States have some mental health or intellectual impairment as a component in the claim. Mental health impairments can result from an almost unlimited array of circumstances, including traumatic stress; depression; genetic predisposition to depression, bipolar disorder, or schizophrenia; or traumatic brain injury (TBI); one of the many forms of dementia; and others. The ways in which mental impairments affect the person suffering can often interfere with their ability to perform work on a regular basis. These are discussed in detail in the section "Common Mental Disabilities that May Qualify for SSDI" below. But first, let's look at how you qualify for SSD benefits and how you
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    How Much Does Mental Health Disability Pay In 2023
Paul Merrell

Shady Companies With Ties to Israel Wiretap the U.S. for the NSA | Threat Level | Wired... - 0 views

  • In addition to constructing the Stellar Wind center, and then running the operation, secretive contractors with questionable histories and little oversight were also used to do the actual bugging of the entire U.S. telecommunications network. According to a former Verizon employee briefed on the program, Verint, owned by Comverse Technology, taps the communication lines at Verizon, which I first reported in my book The Shadow Factory in 2008. Verint did not return a call seeking comment, while Verizon said it does not comment on such matters. At AT&T the wiretapping rooms are powered by software and hardware from Narus, now owned by Boeing, a discovery made by AT&T whistleblower Mark Klein in 2004. Narus did not return a call seeking comment. What is especially troubling is that both companies have had extensive ties to Israel, as well as links to that country’s intelligence service, a country with a long and aggressive history of spying on the U.S.
  • In fact, according to Binney, the advanced analytical and data mining software the NSA had developed for both its worldwide and international eavesdropping operations was secretly passed to Israel by a mid-level employee, apparently with close connections to the country. The employee, a technical director in the Operations Directorate, “who was a very strong supporter of Israel,” said Binney, “gave, unbeknownst to us, he gave the software that we had, doing these fast rates, to the Israelis.” Because of his position, it was something Binney should have been alerted to, but wasn’t. “In addition to being the technical director,” he said, “I was the chair of the TAP, it’s the Technical Advisory Panel, the foreign relations council. We’re supposed to know what all these foreign countries, technically what they’re doing…. They didn’t do this that way, it was under the table.” After discovering the secret transfer of the technology, Binney argued that the agency simply pass it to them officially, and in that way get something in return, such as access to communications terminals. “So we gave it to them for switches,” he said. “For access.”
  • But Binney now suspects that Israeli intelligence in turn passed the technology on to Israeli companies who operate in countries around the world, including the U.S. In return, the companies could act as extensions of Israeli intelligence and pass critical military, economic and diplomatic information back to them. “And then five years later, four or five years later, you see a Narus device,” he said. “I think there’s a connection there, we don’t know for sure.” Narus was formed in Israel in November 1997 by six Israelis with much of its money coming from Walden Israel, an Israeli venture capital company. Its founder and former chairman, Ori Cohen, once told Israel’s Fortune Magazine that his partners have done technology work for Israeli intelligence. And among the five founders was Stanislav Khirman, a husky, bearded Russian who had previously worked for Elta Systems, Inc. A division of Israel Aerospace Industries, Ltd., Elta specializes in developing advanced eavesdropping systems for Israeli defense and intelligence organizations. At Narus, Khirman became the chief technology officer.
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  • A few years ago, Narus boasted that it is “known for its ability to capture and collect data from the largest networks around the world.” The company says its equipment is capable of “providing unparalleled monitoring and intercept capabilities to service providers and government organizations around the world” and that “Anything that comes through [an Internet protocol network], we can record. We can reconstruct all of their e-mails, along with attachments, see what Web pages they clicked on, we can reconstruct their [Voice over Internet Protocol] calls.” Like Narus, Verint was founded by in Israel by Israelis, including Jacob “Kobi” Alexander, a former Israeli intelligence officer. Some 800 employees work for Verint, including 350 who are based in Israel, primarily working in research and development and operations, according to the Jerusalem Post. Among its products is STAR-GATE, which according to the company’s sales literature, lets “service providers … access communications on virtually any type of network, retain communication data for as long as required, and query and deliver content and data …” and was “[d]esigned to manage vast numbers of targets, concurrent sessions, call data records, and communications.”
  • In a rare and candid admission to Forbes, Retired Brig. Gen. Hanan Gefen, a former commander of the highly secret Unit 8200, Israel’s NSA, noted his former organization’s influence on Comverse, which owns Verint, as well as other Israeli companies that dominate the U.S. eavesdropping and surveillance market. “Take NICE, Comverse and Check Point for example, three of the largest high-tech companies, which were all directly influenced by 8200 technology,” said Gefen. “Check Point was founded by Unit alumni. Comverse’s main product, the Logger, is based on the Unit’s technology.”
  • According to a former chief of Unit 8200, both the veterans of the group and much of the high-tech intelligence equipment they developed are now employed in high-tech firms around the world. “Cautious estimates indicate that in the past few years,” he told a reporter for the Israeli newspaper Ha’artez in 2000, “Unit 8200 veterans have set up some 30 to 40 high-tech companies, including 5 to 10 that were floated on Wall Street.” Referred to only as “Brigadier General B,” he added, “This correlation between serving in the intelligence Unit 8200 and starting successful high-tech companies is not coincidental: Many of the technologies in use around the world and developed in Israel were originally military technologies and were developed and improved by Unit veterans.
  • Equally troubling is the issue of corruption. Kobi Alexander, the founder and former chairman of Verint, is now a fugitive, wanted by the FBI on nearly three dozen charges of fraud, theft, lying, bribery, money laundering and other crimes. And two of his top associates at Comverse, Chief Financial Officer David Kreinberg and former General Counsel William F. Sorin, were also indicted in the scheme and later pleaded guilty, with both serving time in prison and paying millions of dollars in fines and penalties. When asked about these contractors, the NSA declined to “verify the allegations made.”
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    So, allegedly a Zionist working in NSA passed NSA's telecommunications data mining software to Israel, was identified, but was never prosecuted. And the Verint CEO is now a fugitive from justice on charges of "fraud, theft, lying, money laundering, and other crimes." What's not to like in having this company processing all of our telephone metadata?
Paul Merrell

What the Third Circuit Said in Hassan v. City of New York | Just Security - 0 views

  • In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s Muslim surveillance program. The decision is important not only for the New Jersey plaintiffs who brought the case, but also for its analysis of several legal issues that have dogged efforts to obtain judicial review of surveillance programs.
  • The threshold issue in Hassan was whether the plaintiffs had alleged injury sufficient to establish standing to bring claims that the NYPD’s surveillance of Muslim communities in New Jersey violated the equal protection clause of the Fourteenth Amendment as well as the free exercise and establishment clauses of the First Amendment. The Third Circuit ruled that the fundamental injury alleged by the plaintiffs — unequal treatment on the basis of religion — was sufficient to keep them in court. The court rejected as “too cramped,” the City’s contention that discrimination is only actionable when it results in deprivation of “a tangible benefit like college admission or Social Security.”
  • One of the most remarkable aspects of the lower court’s dismissal of Hassan was its acceptance of the City’s argument that any injury to the plaintiffs was not fairly traceable to the police. Rather, defendants argued, it was the fault of the Associated Press, which published a Pulitzer Prize-winning investigation of the NYPD’s surveillance of Muslim communities in New York and New Jersey. The court described this position — variants of which have been articulated in the wake of Snowden’s disclosures as well — as “What you don’t know can’t hurt you. And, if you do know, don’t shoot us. Shoot the messenger.” The Third Circuit wasn’t buying it. The primary injury alleged was discrimination, which was caused by the City, not than the press.
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  • Next up was the lower court’s dismissal of the case on the grounds that the plaintiffs had failed to state a claim. The plaintiffs had alleged that the NYPD’s surveillance program was facially discriminatory because it targeted Muslims. In response, the City had demanded information about “when, by whom, and how the policy was enacted and where it was written down.” But the court found the plaintiffs had met their burden, alleging specifics about the program “including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed because of the belief ‘that Muslim religious identity … is a permissible proxy for criminality.’” In other words, the plaintiffs had sufficiently alleged a facially discriminatory policy even when they couldn’t identify a piece of paper on which it was memorialized. For civil rights lawyers concerned that cases like Iqbal and Twombly are closing off avenues for civil rights litigation, the Third Circuit holding provides some comfort. A key issue in the case was the NYPD’s intent in monitoring Muslims. The City had successfully argued below that it “could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.” Its motive, the City argued, was counterterrorism, not treating Muslims differently. The problem with this argument, the Third Circuit explained, was that the City was mixing up “intent” and “motive.” The intent inquiry focuses on whether a person acts intentionally rather than accidentally, while the motive inquiry focuses on why a person acts. “[E]ven if NYPD officers were subjectively motivated by a legitimate law enforcement purpose … they’ve intentionally discriminated if they wouldn’t have surveilled Plaintiffs had they not been Muslim,” the court concluded.
  • The court then turned to whether, assuming differential treatment, the NYPD program was nevertheless justified on security or public safety grounds. It began its inquiry by examining the appropriate standard of review, concluding that it was appropriate to apply heightened scrutiny to religion-based classifications under the equal protection clause rather than simply to examine whether the City had a rational basis for its actions. Even though religious affiliation, unlike race, is capable of being changed, the Third Circuit agreed with many of its sister courts that it was of such fundamental importance that people should not be required to change their faith.
  • New York City had argued that the surveillance program met the heightened scrutiny standard because it was necessary to meet the threat of terrorism. In support, the City put forward its oft-repeated argument that a “comprehensive understanding of the makeup of the community would help the NYPD figure out where to look — and where not to look — in the event it received information that an Islamist radicalized to violence may be secreting himself in New Jersey.” The court was not convinced that this was a sufficiently close fit with the goal, finding that the City failed to meet its burden of rebutting the presumption of unconstitutionality created by plausible allegation of discrimination. Harking back to the World War II internment of Japanese Americans
  • the Third Circuit cautioned: No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights … Given that “unconditional deference to [the] government[’s] … invocation of ‘emergency’ … has a lamentable place in our history,” the past should not preface yet again bending our constitutional principles merely because an interest in national security is invoked.
  • Lastly, the Third Circuit rejected as “threadbare” the City’s argument that plaintiffs First Amendment free exercise and establishment clause claims failed because they did not allege “overt hostility and prejudice.” As with the equal protection claims, it was not necessary for plaintiffs to demonstrate animus. *     *     * In conclusion, the court reminded us that the targeting of Muslims, which has been a leitmotif of US security policy, was not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that “[l]oyalty is a matter of the heart and mind[,] not race, creed, or color.”
Paul Merrell

5 Biggest Revelations from Latest Podesta Emails - 0 views

  • Wikileaks’ releases of the now infamous “Podesta Emails” have become such a regular occurrence, it’s becoming difficult to keep up. 11 “batches” have been released so far, bringing the total to 17,510 with an estimated 32,000 left to go before the US election takes place on November 8th. Though True Activist covered many of the earlier leaks, including the transcripts of Clinton’s private speeches and Clinton’s admission that the Saudis are funding ISIS, many other potentially damning revelations have since come to light. Here are the top 5 newest revelations from the last 3 email releases (#9 to 11).
  • 4. Wall Street Handpicked Obama’s Entire 2008 Cabinet Though most of the leaks thus far have been focused largely on Clinton and her campaign, some of the released emails have shed light on corruption within the Obama administration. In 2008, at the height of the financial crisis, an executive from CitiGroup emailed John Podesta one month before Podesta was named chairman of Obama’s 2008 transition team. CitiGroup, at the time, was the largest company and bank in the world by assets. The email from CitiGroup executive Michael Froman is titled “Lists.” The lists within, naming prospective candidates for cabinet positions, matches Obama’s 2008 Cabinet almost exactly. They also suggest choosing candidates of various ethnic minorities as a political tactic (see #3 above). The email proposed: Robert Gates as secretary of Defense; Eric Holder as attorney general; Janet Napolitano as secretary of Homeland Security; Rahm Emanuel as White House chief of staff; Susan Rice as United Nations ambassador; Arne Duncan as secretary of Education; Kathleen Sebelius as secretary of Health and Human Services; Peter Orszag as head of the Office of Management and Budget; Eric Shinseki as secretary of Veterans Affairs; and Melody Barnes as chief of the Domestic Policy Council. Froman offered Podesta with three possibilities for the position of Secretary of the Treasury: Robert Rubin and his close disciples Lawrence Summers and Timothy Geithner. Obama ultimately chose Geithner, who was then president of the Federal Reserve Bank of New York. Geithner, along with Bush Treasury Secretary and former Goldman Sachs CEO Henry Paulson and then-Fed Chairman Ben Bernanke, were those chiefly responsible for organizing the Wall Street bailout.
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    Citibank chose Obama's 2008 cabinet. Why am I not surprised?
Paul Merrell

Brussels Attack: Implications of Alleged ISIS Links - nsnbc international | nsnbc inter... - 0 views

  • Just days after arresting French-born Belgium national  and terror suspect Salah Abdeslam in Brussels, a coordinated terror attack unfolded in the very same city, killing at least 28, and injuring many more.
  • NBC News has already  announced that European officials are linking the attack to ISIS, though it is unclear whether or not Abdeslam’s network – which carried out the November 2015 Paris terror attacks – was directly involved.
  • Police in Brussels were still hunting for several other alleged accomplices of Abdeslam, including Najim Laachraoui and Mohamed Abrini. Laachraoui and Abrini, like virtually every other suspect involved in a string of terrorist attacks across North America, Europe, and Australia, were well known to Western security agencies, having both been documented as having traveled to Syria to fight against Damascus under ISIS, with Abrini having been arrested and jailed several times in the past, and Laachraoui already having a 2014 international arrest warrant issued for him in connection to a trial involving recruiting Europeans to fight for ISIS.
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  • In other words, all of the suspects have been under the nose, on the radar, and in the prisons of Western security agencies on and off for years, yet were still able to carry out at least one high profile terrorist attack – possibly two, and with the vast majority of the suspects involved having traveled to Syria to fight alongside ISIS before inexplicably being allowed to re-enter Europe and rejoin society without consequence – as if inviting them to take their extremism to the next level.
  • The Guardian’s “Brussels attack: were they revenge for Abdeslam’s arrest?,” attempted to link the bombings in Brussels to the arrest of Abdeslam and the Paris attack terror network. The op-ed acknowledges that these terrorist attacks are being carried out by locals – Europeans – using local resources. Should the Brussels attack be linked to this same terror network, it will greatly complicate efforts by some to leverage this tragedy to further their agendas against refugees and even to change the dynamics of the war in Syria itself. Europeans are clearly already being radicalized and then leaving to Syria to fight alongside ISIS and then returning – rather than a torrent of foreigners streaming in from abroad and carrying out violence against European targets. Should the Brussels attack turn out to be the work of this ISIS-linked terror group, considering the familiarity European security agencies had with all the suspects long before even the 2015 Paris attacks, indicates criminal negligence at best, and complicity at worst.
  • ISIS’ own alleged agenda of transforming the world into a “caliphate” is cartoonishly absurd. In reality, it is clear that ISIS shows up and exercises force in regions of the world the US and its allies cannot intervene in directly. This includes North Africa, the Middle East, and even as far as Asia. Far from a “conspiracy theory,” it would be the US’ own Defense Intelligence Agency (DIA) that would admit as much in a leaked 2012 report (.pdf) which stated: If the situation unravels there is the possibility of establishing a declared or undeclared Salafist principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran). To clarify just who these “supporting powers” were that sought the creation of a “Salafist” (Islamic) principality” (State), the DIA report explains: The West, Gulf countries, and Turkey support the opposition; while Russia, China, and Iran support the regime.
  • Between this admission, and an earlier exposé in 2007 by veteran journalist Seymour Hersh in his New Yorker piece titled, “The Redirection” where US and Saudi plans to use Al Qaeda to wage proxy war on Syria and Iran were revealed, it is clear that both Al Qaeda and ISIS are being used by the West to wage war on Damascus, Baghdad, Tehran, and even Moscow. ISIS supply lines clearly, even admittedly run from NATO territory in Turkey where the US and its regional allies have categorically failed to interdict them and even appear to be aiding and abetting the flow of men and materiel into ISIS-held territory in Syria and Iraq. These supply lines are what has allowed pressure to be continuously placed upon Damascus and its allies over the past 5 years in ways nonexistent “moderate rebels” couldn’t.
  • In Indonesia, as Jakarta clearly began re-balancing toward Beijing, ISIS carried out its first deadly attack on the Southeast Asian nation. Thailand’s similar re-balancing also prompted threats from the US that an “ISIS attack” was imminent. In Europe, where the flames of a “clash of civilizations” are being furiously and intentionally fanned, ISIS serves as a constant implement to empower extremists on both sides, while drowning out the voices of unity, moderation, and peace in the middle. It allows for a growing police state and xenophobic tendencies to flourish at home, while justifying further war abroad. While some Western newspapers are already trying to frame the Belgium attack as “incompetence” by European security agencies, there must be a better explanation as to why this “war with ISIS” continues to drag on, when the source of ISIS’ fighting capacity appears to be within rather than beyond the West – and aiding rather than opposing Western special interests.
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    Reeks of a false flag attack.
Paul Merrell

Tomgram: Alfred McCoy, It's About Blackmail, Not National Security | TomDispatch - 0 views

  • For more than six months, Edward Snowden’s revelations about the National Security Agency (NSA) have been pouring out from the Washington Post, the New York Times, the Guardian, Germany’s Der Spiegel, and Brazil’s O Globo, among other places.  Yet no one has pointed out the combination of factors that made the NSA’s expanding programs to monitor the world seem like such a slam-dunk development in Washington.  The answer is remarkably simple.  For an imperial power losing its economic grip on the planet and heading into more austere times, the NSA’s latest technological breakthroughs look like a bargain basement deal when it comes to projecting power and keeping subordinate allies in line -- like, in fact, the steal of the century.  Even when disaster turned out to be attached to them, the NSA’s surveillance programs have come with such a discounted price tag that no Washington elite was going to reject them.
  • What exactly was the aim of such an unprecedented program of massive domestic and planetary spying, which clearly carried the risk of controversy at home and abroad? Here, an awareness of the more than century-long history of U.S. surveillance can guide us through the billions of bytes swept up by the NSA to the strategic significance of such a program for the planet’s last superpower. What the past reveals is a long-term relationship between American state surveillance and political scandal that helps illuminate the unacknowledged reason why the NSA monitors America’s closest allies. Not only does such surveillance help gain intelligence advantageous to U.S. diplomacy, trade relations, and war-making, but it also scoops up intimate information that can provide leverage -- akin to blackmail -- in sensitive global dealings and negotiations of every sort. The NSA’s global panopticon thus fulfills an ancient dream of empire. With a few computer key strokes, the agency has solved the problem that has bedeviled world powers since at least the time of Caesar Augustus: how to control unruly local leaders, who are the foundation for imperial rule, by ferreting out crucial, often scurrilous, information to make them more malleable.
  • Once upon a time, such surveillance was both expensive and labor intensive. Today, however, unlike the U.S. Army’s shoe-leather surveillance during World War I or the FBI’s break-ins and phone bugs in the Cold War years, the NSA can monitor the entire world and its leaders with only 100-plus probes into the Internet’s fiber optic cables. This new technology is both omniscient and omnipresent beyond anything those lacking top-secret clearance could have imagined before the Edward Snowden revelations began.  Not only is it unimaginably pervasive, but NSA surveillance is also a particularly cost-effective strategy compared to just about any other form of global power projection. And better yet, it fulfills the greatest imperial dream of all: to be omniscient not just for a few islands, as in the Philippines a century ago, or a couple of countries, as in the Cold War era, but on a truly global scale. In a time of increasing imperial austerity and exceptional technological capability, everything about the NSA’s surveillance told Washington to just “go for it.”  This cut-rate mechanism for both projecting force and preserving U.S. global power surely looked like a no-brainer, a must-have bargain for any American president in the twenty-first century -- before new NSA documents started hitting front pages weekly, thanks to Snowden, and the whole world began returning the favor.
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  • As the gap has grown between Washington’s global reach and its shrinking mailed fist, as it struggles to maintain 40% of world armaments (the 2012 figure) with only 23% of global gross economic output, the U.S. will need to find new ways to exercise its power far more economically. As the Cold War took off, a heavy-metal U.S. military -- with 500 bases worldwide circa 1950 -- was sustainable because the country controlled some 50% of the global gross product. But as its share of world output falls -- to an estimated 17% by 2016 -- and its social welfare costs climb relentlessly from 4% of gross domestic product in 2010 to a projected 18% by 2050, cost-cutting becomes imperative if Washington is to survive as anything like the planet’s “sole superpower.” Compared to the $3 trillion cost of the U.S. invasion and occupation of Iraq, the NSA’s 2012 budget of just $11 billion for worldwide surveillance and cyberwarfare looks like cost saving the Pentagon can ill-afford to forego. Yet this seeming “bargain” comes at what turns out to be an almost incalculable cost. The sheer scale of such surveillance leaves it open to countless points of penetration, whether by a handful of anti-war activists breaking into an FBI field office in Media, Pennsylvania, back in 1971 or Edward Snowden downloading NSA documents at a Hawaiian outpost in 2012.
  • In October 2001, not satisfied with the sweeping and extraordinary powers of the newly passed Patriot Act, President Bush ordered the National Security Agency to commence covert monitoring of private communications through the nation's telephone companies without the requisite FISA warrants. Somewhat later, the agency began sweeping the Internet for emails, financial data, and voice messaging on the tenuous theory that such “metadata” was “not constitutionally protected.” In effect, by penetrating the Internet for text and the parallel Public Switched Telephone Network (PSTN) for voice, the NSA had gained access to much of the world’s telecommunications. By the end of Bush’s term in 2008, Congress had enacted laws that not only retrospectively legalized these illegal programs, but also prepared the way for NSA surveillance to grow unchecked. Rather than restrain the agency, President Obama oversaw the expansion of its operations in ways remarkable for both the sheer scale of the billions of messages collected globally and for the selective monitoring of world leaders.
  • By 2012, the centralization via digitization of all voice, video, textual, and financial communications into a worldwide network of fiber optic cables allowed the NSA to monitor the globe by penetrating just 190 data hubs -- an extraordinary economy of force for both political surveillance and cyberwarfare.
  • With a few hundred cable probes and computerized decryption, the NSA can now capture the kind of gritty details of private life that J. Edgar Hoover so treasured and provide the sort of comprehensive coverage of populations once epitomized by secret police like East Germany’s Stasi. And yet, such comparisons only go so far. After all, once FBI agents had tapped thousands of phones, stenographers had typed up countless transcripts, and clerks had stored this salacious paper harvest in floor-to-ceiling filing cabinets, J. Edgar Hoover still only knew about the inner-workings of the elite in one city: Washington, D.C.  To gain the same intimate detail for an entire country, the Stasi had to employ one police informer for every six East Germans -- an unsustainable allocation of human resources. By contrast, the marriage of the NSA’s technology to the Internet’s data hubs now allows the agency’s 37,000 employees a similarly close coverage of the entire globe with just one operative for every 200,000 people on the planet
  • Through the expenditure of $250 million annually under its Sigint Enabling Project, the NSA has stealthily penetrated all encryption designed to protect privacy. “In the future, superpowers will be made or broken based on the strength of their cryptanalytic programs,” reads a 2007 NSA document. “It is the price of admission for the U.S. to maintain unrestricted access to and use of cyberspace.” By collecting knowledge -- routine, intimate, or scandalous -- about foreign leaders, imperial proconsuls from ancient Rome to modern America have gained both the intelligence and aura of authority necessary for dominion over alien societies. The importance, and challenge, of controlling these local elites cannot be overstated. During its pacification of the Philippines after 1898, for instance, the U.S. colonial regime subdued contentious Filipino leaders via pervasive policing that swept up both political intelligence and personal scandal. And that, of course, was just what J. Edgar Hoover was doing in Washington during the 1950s and 1960s.
  • Indeed, the mighty British Empire, like all empires, was a global tapestry woven out of political ties to local leaders or “subordinate elites” -- from Malay sultans and Indian maharajas to Gulf sheiks and West African tribal chiefs. As historian Ronald Robinson once observed, the British Empire spread around the globe for two centuries through the collaboration of these local leaders and then unraveled, in just two decades, when that collaboration turned to “non-cooperation.” After rapid decolonization during the 1960s transformed half-a-dozen European empires into 100 new nations, their national leaders soon found themselves the subordinate elites of a spreading American global imperium. Washington suddenly needed the sort of private information that could keep such figures in line. Surveillance of foreign leaders provides world powers -- Britain then, America now -- with critical information for the exercise of global hegemony. Such spying gave special penetrating power to the imperial gaze, to that sense of superiority necessary for dominion over others.  It also provided operational information on dissidents who might need to be countered with covert action or military force; political and economic intelligence so useful for getting the jump on allies in negotiations of all sorts; and, perhaps most important of all, scurrilous information about the derelictions of leaders useful in coercing their compliance.
  • In late 2013, the New York Times reported that, when it came to spying on global elites, there were “more than 1,000 targets of American and British surveillance in recent years,” reaching down to mid-level political actors in the international arena. Revelations from Edward Snowden’s cache of leaked documents indicate that the NSA has monitored leaders in some 35 nations worldwide -- including Brazilian president Dilma Rousseff, Mexican presidents Felipe Calderón and Enrique Peña Nieto, German Chancellor Angela Merkel, and Indonesia’s president Susilo Bambang Yudhoyono.  Count in as well, among so many other operations, the monitoring of “French diplomatic interests” during the June 2010 U.N. vote on Iran sanctions and “widespread surveillance” of world leaders during the Group 20 summit meeting at Ottawa in June 2010. Apparently, only members of the historic “Five Eyes” signals-intelligence alliance (Australia, Canada, New Zealand, and Great Britain) remain exempt -- at least theoretically -- from NSA surveillance. Such secret intelligence about allies can obviously give Washington a significant diplomatic advantage. During U.N. wrangling over the U.S. invasion of Iraq in 2002-2003, for example, the NSA intercepted Secretary-General Kofi Anan’s conversations and monitored the “Middle Six” -- Third World nations on the Security Council -- offering what were, in essence, well-timed bribes to win votes. The NSA’s deputy chief for regional targets sent a memo to the agency’s Five Eyes allies asking “for insights as to how membership is reacting to on-going debate regarding Iraq, plans to vote on any related resolutions [..., and] the whole gamut of information that could give U.S. policymakers an edge in obtaining results favorable to U.S. goals.”
  • Indicating Washington’s need for incriminating information in bilateral negotiations, the State Department pressed its Bahrain embassy in 2009 for details, damaging in an Islamic society, on the crown princes, asking: “Is there any derogatory information on either prince? Does either prince drink alcohol? Does either one use drugs?” Indeed, in October 2012, an NSA official identified as “DIRNSA,” or Director General Keith Alexander, proposed the following for countering Muslim radicals: “[Their] vulnerabilities, if exposed, would likely call into question a radicalizer’s devotion to the jihadist cause, leading to the degradation or loss of his authority.” The agency suggested that such vulnerabilities could include “viewing sexually explicit material online” or “using a portion of the donations they are receiving… to defray personal expenses.” The NSA document identified one potential target as a “respected academic” whose “vulnerabilities” are “online promiscuity.”
  • Just as the Internet has centralized communications, so it has moved most commercial sex into cyberspace. With an estimated 25 million salacious sites worldwide and a combined 10.6 billion page views per month in 2013 at the five top sex sites, online pornography has become a global business; by 2006, in fact, it generated $97 billion in revenue. With countless Internet viewers visiting porn sites and almost nobody admitting it, the NSA has easy access to the embarrassing habits of targets worldwide, whether Muslim militants or European leaders. According to James Bamford, author of two authoritative books on the agency, “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.”
  • Indeed, whistleblower Edward Snowden has accused the NSA of actually conducting such surveillance.  In a December 2013 letter to the Brazilian people, he wrote, “They even keep track of who is having an affair or looking at pornography, in case they need to damage their target's reputation.” If Snowden is right, then one key goal of NSA surveillance of world leaders is not U.S. national security but political blackmail -- as it has been since 1898. Such digital surveillance has tremendous potential for scandal, as anyone who remembers New York Governor Eliot Spitzer’s forced resignation in 2008 after routine phone taps revealed his use of escort services; or, to take another obvious example, the ouster of France’s budget minister Jérôme Cahuzac in 2013 following wire taps that exposed his secret Swiss bank account. As always, the source of political scandal remains sex or money, both of which the NSA can track with remarkable ease.
  • By starting a swelling river of NSA documents flowing into public view, Edward Snowden has given us a glimpse of the changing architecture of U.S. global power. At the broadest level, Obama’s digital “pivot” complements his overall defense strategy, announced in 2012, of reducing conventional forces while expanding into the new, cost-effective domains of space and cyberspace. While cutting back modestly on costly armaments and the size of the military, President Obama has invested billions in the building of a new architecture for global information control. If we add the $791 billion expended to build the Department of Homeland Security bureaucracy to the $500 billion spent on an increasingly para-militarized version of global intelligence in the dozen years since 9/11, then Washington has made a $1.2 trillion investment in a new apparatus of world power.
  • So formidable is this security bureaucracy that Obama’s recent executive review recommended the regularization, not reform, of current NSA practices, allowing the agency to continue collecting American phone calls and monitoring foreign leaders into the foreseeable future. Cyberspace offers Washington an austerity-linked arena for the exercise of global power, albeit at the cost of trust by its closest allies -- a contradiction that will bedevil America’s global leadership for years to come. To update Henry Stimson: in the age of the Internet, gentlemen don't just read each other’s mail, they watch each other’s porn. Even if we think we have nothing to hide, all of us, whether world leaders or ordinary citizens, have good reason to be concerned.
Paul Merrell

The Ron Paul Institute for Peace and Prosperity : The Continuing Al-Qaeda Threat - 0 views

  • Appearing last week before the Senate Intelligence Committee, Director of National Intelligence James Clapper testified that he could not say the threat from al-Qaeda is any less today than it was ten years ago. It was a shocking admission. Does he mean that the trillions of dollars spent fighting the war on terrorism have resulted in no gains? That those who urged us to give up some of our liberties to gain security have, as Benjamin Franklin warned, lost both?
Paul Merrell

White House refuses to hand over top-secret documents to Senate committee | World news ... - 0 views

  • The White House is refusing to hand over top-secret documents to a Senate investigation into CIA torture and rendition of terrorism suspects, claiming it needs to ensure that “executive branch confidentiality” is respected.In the latest development in the spiralling clash between Congress and the administration over oversight of the intelligence agencies, Barack Obama’s spokesman Jay Carney confirmed that certain material from the George W Bush presidency was being withheld for fear of weakening Oval Office privacy.“This is about precedent, and the need, institutionally, to protect some of the prerogatives of the executive branch – and the office of the presidency,” said Carney.“All of these documents pertain to and come from a previous administration, but these are matters that need to be reviewed in light of long-recognised executive prerogatives and confidentiality interests.”
  • A report published by McClatchy newspapers on Wednesday night said that Senate investigators were trying to obtain an estimated 9,400 such documents relating to CIA detention and interrogation after 9/11.
  • In public, the White House has tried to stay out of a growing constitutional clash between Congress and the CIA over alleged interference in the investigation. Reuters reported that the White House chief lawyer, Kathryn Ruemmler, had tried to mediate in private between both sides in an attempt to “de-escalate” the tension.But the admission that the White House is withholding key documents is likely to renew criticism that the Obama administration is failing to live up to promises to fully investigate a dark chapter in CIA history.
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  • Udall said he had lifted a procedural obstacle he had placed on the CIA’s nominee for its next general counsel, Caroline Krass. That sets up the departure of its acting senior attorney, Robert Eatinger, who is at the centre of this week’s extraordinary battle between the Senate intelligence committee and the CIA.Krass had already cleared the Senate committee, but Udall put her on hold to gain leverage for the committee in its struggle for access to CIA documents relevant to its extensive study of the agency’s post-9/11 interrogation, rendition and detention program, which involved torture.The Senate voted Thursday to confirm Krass, sending her to Langley at a time when relations between the CIA and the Senate have reached a nadir. While Eatinger was never going to be the agency’s permanent general counsel, he is now the first explicit casualty in the row between the CIA and its Senate overseers.Eatinger, a longtime agency lawyer with counterterrorism experience, was cited on Monday by the panel’s chairwoman, Dianne Feinstein of California, in her seminal speech lashing out at the CIA. Without naming him, Feinstein indicated he was instrumental in the agency’s now-abandoned torture practices, and had been cited over 1,600 times in the classified Senate torture investigation.
  • Feinstein said Eatinger, whom senators have taken care not to name, had alerted the Justice Department to her staff’s removal of a CIA document from a classified facility – which both Feinstein and Udall cite as a conflict of interest.Ahead of Krass’s arrival at the CIA, Udall called on Eatinger to immediately recuse himself from any internal matters related to either the torture inquiry or the Senate panel generally. “We need to correct the record on the CIA’s coercive detention and interrogation program and declassify the Senate intelligence committee’s exhaustive study of it. I released my hold on Caroline Krass’s nomination today and voted for her to help change the direction of the agency,” Udall said in a statement on Thursday.
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    6 million documents. Which means that the Administration chose the time-proven tactic of emptying wastebaskets to have *something* to talk about in defense of withholding the truly damning documents. The Senate committee asked for Swiss Cheese; the administration provided only the cheese's holes. 6,400 documents is far more than the Administration will hold back if this issue winds up in court because of the truly staggering paperwork burden placed on the Administration by procedures for subpoena cases. The White House will have the burdens of proof and persuasion, with a strong presumption favoring production of the records.  For a good quick overview of the governing law and its constitutional history, see the D.C. Circuit's opinion In re sealed Case, 121 F. 3d 729 (1997),  http://scholar.google.com/scholar_case?case=7608826439463067791
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.
  •  
    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. 
Paul Merrell

Lawsuit accuses IBM of hiding China risks amid NSA spy scandal | Reuters - 0 views

  • (Reuters) - IBM Corp has been sued by a shareholder who accused it of concealing how its ties to what became a major U.S. spying scandal reduced business in China and ultimately caused its market value to plunge more than $12 billion. IBM lobbied Congress hard to pass a law letting it share personal data of customers in China and elsewhere with the U.S. National Security Agency, in a bid to protect its intellectual property rights, according to a complaint filed in the U.S. District Court in Manhattan.The plaintiff in the complaint, Louisiana Sheriffs' Pension & Relief Fund, said this threatened IBM hardware sales in China, particularly given a program known as Prism that let the NSA spy on that country through technology companies such as IBM.
  • The Baton Rouge pension fund said the revelation of Prism and related disclosures by former NSA contractor Edward Snowden caused Chinese businesses and China's government to abruptly cut ties with the world's largest technology services provider.It said this led IBM on October 16 to post disappointing third-quarter results, including drops in China of 22 percent in sales and 40 percent in hardware sales.While quarterly profit rose 6 percent, revenue dropped 4 percent and fell well below analyst forecasts.IBM shares fell 6.4 percent on October 17, wiping out $12.9 billion of the Armonk, New York-based company's market value.The lawsuit names IBM, Chief Executive Virginia Rometty and Chief Financial Officer Mark Loughridge as defendants, and says they should be held liable for the company's failure to reveal the risks of its lobbying and its NSA ties sooner.
  • The case is Louisiana Sheriffs' Pension & Relief Fund v. International Business Machines Corp et al, U.S. District Court, Southern District of New York, No. 13-08818.
Paul Merrell

NSA performed warrantless searches on Americans' calls and emails - Clapper |... - 0 views

  • US intelligence chiefs have confirmed that the National Security Agency has used a "back door" in surveillance law to perform warrantless searches on Americans’ communications.The NSA's collection programs are ostensibly targeted at foreigners, but in August the Guardian revealed a secret rule change allowing NSA analysts to search for Americans' details within the databases.Now, in a letter to Senator Ron Wyden, an Oregon Democrat on the intelligence committee, the director of national intelligence, James Clapper, has confirmed the use of this legal authority to search for data related to “US persons”.
  • “There have been queries, using US person identifiers, of communications lawfully acquired to obtain foreign intelligence targeting non-US persons reasonably believed to be located outside the United States,” Clapper wrote in the letter, which has been obtained by the Guardian.“These queries were performed pursuant to minimization procedures approved by the Fisa court and consistent with the statute and the fourth amendment.” The legal authority to perform the searches, revealed in top-secret NSA documents provided to the Guardian by Edward Snowden, was denounced by Wyden as a “backdoor search loophole.”Many of the NSA's most controversial programs collect information under the law affected by the so-called loophole. These include Prism, which allows the agency to collect data from Google, Apple, Facebook, Yahoo and other tech companies, and the agency's Upstream program – a huge network of internet cable taps.
  • Clapper did not say how many warrantless searches had been performed by the NSA. It was not the first time the searches had been confirmed: after the Snowden leaks, the office of the director of national intelligence declassified documents that discussed the rule change. But Clapper's letter drew greater attention to the issue.Confirmation that the NSA has searched for Americans’ communications in its phone call and email databases complicates President Barack Obama’s initial defenses of the broad surveillance in June.“When it comes to telephone calls, nobody is listening to your telephone calls. That’s not what this program’s about,” Obama said. “As was indicated, what the intelligence community is doing is looking at phone numbers and durations of calls. They are not looking at people’s names, and they’re not looking at content.”Obama was referring specifically to the bulk collection of US phone records, but his answer misleadingly suggested that the NSA could not examine Americans’ phone calls and emails.
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  • At a recent hearing of the Privacy and Civil Liberties Oversight Board, administration lawyers defended their latitude to perform such searches. The board is scheduled to deliver a report on the legal authority under which the communications are collected, Section 702 of the Foreign Intelligence Surveillance Act (Fisa), passed in 2008. Wyden and Colorado Democrat Mark Udall failed in 2012 to persuade their fellow Senate intelligence committee members to prevent such warrantless searches during the re-authorisation of the 2008 Fisa Amendments Act, which wrote Section 702 into law. Dianne Feinstein, the California Democrat who chairs the committee, defended the practice, and argued that it did not violate the act’s “reverse targeting” prohibition on using NSA’s vast powers to collect content on Americans.
  • Much of the NSA's bulk data collection is covered by section 702 of the Fisa Amendments Act. This allows for the collection of communications – content and metadata alike – without individual warrants, so long as there is a reasonable belief the communications are both foreign and overseas.The communications of Americans in direct contact with foreign targets can also be collected without a warrant, and the intelligence agencies acknowledge that purely domestic communications can also be inadvertently swept into its databases. That process is known as "incidental collection".Initially, NSA rules on such data prevented the databases being searched for any details relating to "US persons" – that is, citizens or residents of the US. However, in October 2011 the Fisa court approved new procedures which allowed the agency to search for US person data, a revelation contained in documents revealed by Snowden.
  • The ruling appears to give the agency free access to search for information relating to US people within its vast databases, though not to specifically collect information against US citizens in the first place. However, until the DNI's disclosure to Wyden, it was not clear whether the NSA had ever actually used these powers.On Tuesday, Wyden and Udall said the NSA’s warrantless searches of Americans’ emails and phone calls “should be concerning to all.” “This is unacceptable. It raises serious constitutional questions, and poses a real threat to the privacy rights of law-abiding Americans. If a government agency thinks that a particular American is engaged in terrorism or espionage, the fourth amendment requires that the government secure a warrant or emergency authorisation before monitoring his or her communications. This fact should be beyond dispute,” the two senators said in a joint statement.
  • They continued: “Today’s admission by the Director of National Intelligence is further proof that meaningful surveillance reform must include closing the back-door searches loophole and requiring the intelligence community to show probable cause before deliberately searching through data collected under section 702 to find the communications of individual Americans."
Paul Merrell

Libya Coming Full Circle. When A Deemed "Conspiracy Theory" Becomes Reality | Global Re... - 0 views

  • In the duration of the “revolutionary frenzy” that categorized western media coverage of the Libyan Civil War in 2011, public audiences were captivated with both tales of rebels aspiring for “democracy” and with complimenting stories of unabated brutality by Gaddafi forces. Without any serious mainstream criticism, an imperialist mythology centered on the interventionist doctrine of the “Responsibility to Protect” was cemented in public consciousness with even usually non-mainstream and “anti-imperialist” figures such as Juan Cole deliberately misrepresenting the situation in Libya. In Cole’s perspective, no reference to armed militants from the start of the conflict or the role of extremism and western premeditation found its way into the narrative and he predicted a simplistic narrative where the overthrow of Gaddafi would lead the region into an era of unity, prosperity and freedom. Libya Today How is Libya today? If one denied the existence of hell, they need not look further than Libya to observe a case of hell on Earth. Libya as a functioning, cohesive state has virtually ceased to exist, having been replaced by a myriad of conflicting factions divided on tribal and religious lines. While mainstream media tends to obscure the identity of these factions and their connection to western imperialists, Eric Draitser in his analysis, “Benghazi, the CIA, and the War in Libya” shows the beyond the fractious infighting, both primary factions engaging in direct combat have been beneficiaries of the NATO imperialist powers in their systematic aggression against the Libyan state.
  • “Confirmed: U.S. Armed Al Qaeda to Topple Libya’s Gaddaffi” with a very astonishing admission by “top military officers, CIA insiders and think-tankers” confirming the obvious truth that “conspiracy theorists” have been saying since 2011. The US backed Al Qaeda in Libya and that the Benghazi attack was a byproduct of this. Washington’s Blog notes that in 2012, it documented that: The U.S. supported opposition which overthrew Libya’s Gadaffi was largely comprised of Al Qaeda terrorists. According to a 2007 report by West Point’s Combating Terrorism Center’s center, the Libyan city of Benghazi was one of Al Qaeda’s main headquarters – and bases for sending Al Qaeda fighters into Iraq – prior to the overthrow of Gaddafi: The Hindustan Times reported last year: “There is no question that al Qaeda’s Libyan franchise, Libyan Islamic Fighting Group, is a part of the opposition,” Bruce Riedel, former CIA officer and a leading expert on terrorism, told Hindustan Times. It has always been Qaddafi’s biggest enemy and its stronghold is Benghazi. Al Qaeda is now largely in control of Libya.  Indeed, Al Qaeda flags were flown over the Benghazi courthouse once Gaddafi was toppled. What was once deemed conspiracy theory became confirmed reality when the Daily Mail reported as Washington’s Blog subsequently pointed out:
  • A self-selected group of former top military officers, CIA insiders and think-tankers, declared Tuesday in Washington that a seven-month review of the deadly 2012 terrorist attack has determined that it could have been prevented – if the U.S. hadn’t been helping to arm al-Qaeda militias throughout Libya a year earlier. ‘The United States switched sides in the war on terror with what we did in Libya, knowingly facilitating the provision of weapons to known al-Qaeda militias and figures,’ Clare Lopez, a member of the commission and a former CIA officer, told MailOnline. She blamed the Obama administration for failing to stop half of a $1 billion United Arab Emirates arms shipment from reaching al-Qaeda-linked militants. ‘Remember, these weapons that came into Benghazi were permitted to enter by our armed forces who were blockading the approaches from air and sea,’ Lopez claimed. ‘They were permitted to come in. … [They] knew these weapons were coming in, and that was allowed.. ‘The intelligence community was part of that, the Department of State was part of that, and certainly that means that the top leadership of the United States, our national security leadership, and potentially Congress – if they were briefed on this – also knew about this.’
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  • ‘The White House and senior Congressional members,’ the group wrote in an interim report released Tuesday, ‘deliberately and knowingly pursued a policy that provided material support to terrorist organizations in order to topple a ruler [Muammar Gaddafi] who had been working closely with the West actively to suppress al-Qaeda.’ ‘Some look at it as treason,’ said Wayne Simmons, a former CIA officer who participated in the commission’s research. While Wayne Simmons’ characterization of such actions by the globalist, imperialist establishment in the United States as “treason” is correct in the sense that it was a clear violation of not only the Constitution, but the public interest of America, there is a rather disingenuous factor involved when some people, especially on the Neo-Con right, attempt to play the “treason card.”
  • Clearly the Neo-Con agenda has been coming full circle since the first Gulf War in the 1990s. The US “gun-walking” to jihadis in Syria from Libya, noted by the Washington Times and New York Times (albeit with partisan spin and distortion), was actually planned under Bush in 2007 as noted by Seymour Hersh in “The Redirection.” It has continued under Obama, influenced by Council on Foreign Relations figures throughout both administrations from Dick Cheney to Hillary Clinton. Consider the following points from “The Redirection”: To undermine Iran, which is predominantly Shiite, the Bush Administration has decided, in effect, to reconfigure its priorities in the Middle East. In Lebanon, the Administration has coöperated with Saudi Arabia’s government, which is Sunni, in clandestine operations that are intended to weaken Hezbollah, the Shiite organization that is backed by Iran. The U.S. has also taken part in clandestine operations aimed at Iran and its ally Syria. A by-product of these activities has been the bolstering of Sunni extremist groups that espouse a militant vision of Islam and are hostile to America and sympathetic to Al Qaeda.
  • To dispel critics’ notions that this is passive, uncontrollable, and indirect support, consider: [Saudi Arabia's] Bandar and other Saudis have assured the White House that “they will keep a very close eye on the religious fundamentalists. Their message to us was ‘We’ve created this movement, and we can control it.’ It’s not that we don’t want the Salafis to throw bombs; it’s who they throw them at—Hezbollah, Moqtada al-Sadr, Iran, and at the Syrians, if they continue to work with Hezbollah and Iran. Neo-Conservative writer Gary Gambill would ride on this wave of terrorist aggression and pen an article for the Neo-Con “Middle East Forum” titled “Two Cheers for Syrian Islamists.” As noted in the analysis of the piece by Tony Cartalucci titled “Globalist Rag Gives ‘Two Cheers’ for Terrorism”, one can see how terrorism is a useful piece of capital of globalist imperialism that is easy to hide in the sight of inattentive masses with easy ploys of political spin and plausible deniability.
  • Libyan terrorists are invading Syria. They have been doing so since the influx of jihadis began, enabled by outside powers. These are not simply rogue networks operating independently but rather include state-sponsorship, especially of NATO-member Turkey and NATO’s criminal proxy government in Tripoli, Libya. We are told by the media that the regime in Tripoli under the auspice of the National Transitional Council, and populated with puppets like Mustapha Abdul Jalil, is a moderate regime distinct from the “marginal Islamist forces.” However, even in mainstream accounts, one can note that these “official, moderate” groups are involved with funding terrorism themselves as many geopolitical analysts have noted. Tony Cartalucci notes that, “In November 2011, the Telegraph in their article, “Leading Libyan Islamist met Free Syrian Army opposition group,” would report”: Abdulhakim Belhadj, head of the Tripoli Military Council and the former leader of the Libyan Islamic Fighting Group, “met with Free Syrian Army leaders in Istanbul and on the border with Turkey,” said a military official working with Mr Belhadj. “Mustafa Abdul Jalil (the interim Libyan president) sent him there.”
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    Lots of documentation on the tawdry moves by the War Party in Libya and Benghazi, now blowing up in their faces. 
Paul Merrell

On 6/5, 65 Things We Know About NSA Surveillance That We Didn't Know a Year Ago | Elect... - 0 views

  • It’s been one year since the Guardian first published the Foreign Intelligence Surveillance Court order, leaked by former NSA contractor Edward Snowden, that demonstrated that the NSA was conducting dragnet surveillance on millions of innocent people. Since then, the onslaught of disturbing revelations, from disclosures, admissions from government officials, Freedom of Information Act requests, and lawsuits, has been nonstop. On the anniversary of that first leak, here are 65 things we know about NSA spying that we did not know a year ago
  • here’s no question that the international relationships Obama pledged to repair, as well as the confidence of the American people in their privacy and constitutional rights, have been damaged by the NSAs dragnet surveillance. But one year later, both the United States and international governments have not taken the steps necessary to ensure that this surveillance ends. That’s why everyone must take action— contact your elected representative, join Reset the Net, and learn about how international law applies to U.S. surveillance today. 
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    EFF has a great list of the top NSA disclosures in the last year, with each of the 65 bullet points linked to source articles. 
Paul Merrell

The Blotch on Eric Holder's Record: Wall Street Accountability | The Nation - 0 views

  • Attorney General Eric Holder will announce Thursday he is stepping down from the post he has held for nearly six years—making him one of the longest-serving attorneys general in American history. Holder was the first African-American to hold the position and will surely be remembered as a trailblazer for civil rights.
  • But there is one area where Holder falls woefully short: prosecution of Wall Street firms and executives. He came into office just months after widespread fraud and malfeasance in the financial sector brought the American economy to its knees, and yet no executive has faced criminal prosecution. Beyond the crash, Holder established a disturbing pattern of allowing large financial institutions escape culpability. “His record is really badly blemished by his nearly overwhelming failure to hold corporate criminals accountable,” said Robert Weissman, president of Public Citizen. “Five years later, we can say he did almost nothing to hold the perpetrators of the crisis accountable.”
  • Advocates for financial accountability often point to the Savings and Loan crisis as a counter-example: despite much smaller-scale fraud, 1,000 bankers were convicted in federal prosecutions and many went to prison. Holder has tried to explain his lack of prosecutions relating to the 2008 collapse by claiming the cases were too hard to prove—but many experts disagree. The Sarbanes Oxley Act, for example, would provide a straightforward template: it makes it a crime for executives to sign inaccurate financial statements, and there is ample evidence that Wall Street CEOs were aware of the toxicity of the sub-prime mortgages sold by their firms.
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  • Late last year, Judge Jed Rakoff of the Federal District Court of Manhattan wrote an essay in The New York Review of Books bluntly titled, “The Financial Crisis: Why Have No High-Level Executives Been Prosecuted?” He suggested a doctrine of “willful blindness” at Holder’s Justice Department and said “the department’s claim that proving intent in the financial crisis is particularly difficult may strike some as doubtful.” A federal judge will generally not proclaim people guilty outside the courtroom, but Rakoff came close with that statement. The fact he wrote the essay at all stunned many observers. In recent years, the Justice Department has obtained some large-dollar settlements with Wall Street firms like JPMorgan Chase and Bank of America. But the headline-grabbing amounts end up being significantly less after factoring in tax accounting and credits for actions already being undertaken by the bank. There is also a lack of transparency around how these penalties are being paid to aggrieved consumers. Holder himself suggested in Senate testimony last year that some firms really are too big to jail:
  • “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy,” Holder said. He later walked that back in subsequent testimony, saying “Let me be very, very, very clear. Banks are not too big to jail.” But the data suggest otherwise.
  • Public Citizen did an analysis of these agreements at the Department of Justice and found that Holder made them a routine affair:
  • There isn’t much transparency over which bad actors are awarded deferred prosecution, and which are not, and advocates are alarmed by the precedent. “[Holder] ensconced the de facto ‘too-big-to-fail’ doctrine by which large financial institutions were effectively immunized form criminal prosecution simply by virtue of being so big,” said Weissman.
Paul Merrell

Israel Won't Stop Spying on the U.S. - 0 views

  • Whatever happened to honor among thieves? When the National Security Agency was caught eavesdropping on German Chancellor Angela Merkel’s cell phone, it was considered a rude way to treat a friend. Now U.S. intelligence officials are saying—albeit very quietly, behind closed doors on Capitol Hill—that our Israeli “friends” have gone too far with their spying operations here. According to classified briefings on legislation that would lower visa restrictions on Israeli citizens, Jerusalem’s efforts to steal U.S. secrets under the cover of trade missions and joint defense technology contracts have “crossed red lines.”  Israel’s espionage activities in America are unrivaled and unseemly, counterspies have told members of the House Judiciary and Foreign Affairs committees, going far beyond activities by other close allies, such as Germany, France, the U.K. and Japan. A congressional staffer familiar with a briefing last January called the testimony “very sobering…alarming…even terrifying.” Another staffer called it “damaging.”  The Jewish state’s primary target: America’s industrial and technical secrets. 
  • “No other country close to the United States continues to cross the line on espionage like the Israelis do,” said a former congressional staffer who attended another classified briefing in late 2013, one of several in recent months given by officials from the Department of Homeland Security (DHS), the State Department, the FBI and the National Counterintelligence Directorate. 
  • “I don’t think anyone was surprised by these revelations,” the former aide said. “But when you step back and hear…that there are no other countries taking advantage of our security relationship the way the Israelis are for espionage purposes, it is quite shocking. I mean, it shouldn’t be lost on anyone that after all the hand-wringing over [Jonathan] Pollard, it’s still going on.” Israel and pro-Israel groups in America have long lobbied U.S. administrations to free Pollard, a former U.S. naval intelligence analyst serving a life sentence since 1987 for stealing tens of thousands of secrets for Israel. (U.S. counterintelligence officials suspect that Israel traded some of the Cold War-era information to Moscow in exchange for the emigration of Russian Jews.) After denying for over a decade that Pollard was its paid agent, Israel apologized and promised not to spy on U.S. soil again. Since then, more Israeli spies have been arrested and convicted by U.S. courts. 
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  • I.C. Smith, a former top FBI counterintelligence specialist during the Pollard affair, tells Newsweek, “In the early 1980s, dealing with the Israelis was, for those assigned that area, extremely frustrating. The Israelis were supremely confident that they had the clout, especially on the Hill, to basically get [away] with just about anything. This was the time of the Criteria Country List—later changed to the National Security Threat List—and I found it incredible that Taiwan and Vietnam, for instance, were on [it], when neither country had conducted activities that remotely approached the Pollard case, and neither had a history of, or a comparable capability to conduct, such activities.” While all this was going on, Israel was lobbying hard to be put on the short list of countries (38 today) whose citizens don’t need visas to visit here.  Until recently, the major sticking point was the Jewish state’s discriminatory and sometimes harsh treatment of Arab-Americans and U.S. Palestinians seeking to enter Israel. It has also failed to meet other requirements for the program, such as promptly and regularly reporting lost and stolen passports, officials say—a problem all the more pressing since Iranians were found to have boarded the missing Malaysia Airlines flight with stolen passports. 
  • “But this is the first time congressional aides have indicated that intelligence and national security concerns also are considerations in weighing Israel’s admission into the visa waiver program,” Jonathan Broder, the foreign and defense editor for CQ Roll Call, a Capitol Hill news site, wrote last month. He quoted a senior House aide as saying, “The U.S. intelligence community is concerned that adding Israel to the visa waiver program would make it easier for Israeli spies to enter the country.” The Israelis “thought they could just snap their fingers” and get friends in Congress to legislate visa changes, a Hill aide said, instead of going through the required hoops with DHS.
  • Congressional aides snorted at the announcement. “The Israelis haven’t done s**t to get themselves into the visa waiver program,” the former congressional aide said, echoing the views of two other House staffers working on the issue. “I mean, if the Israelis got themselves into this visa waiver program and if we were able to address this [intelligence community] concern—great, they’re a close ally, there are strong economic and cultural links between the two countries, it would be wonderful if more Israelis could come over here without visas. I’m sure it would spur investment and tourist dollars in our economy and so on and so forth. But what I find really funny is they haven’t done s**t to get into the program. They think that their friends in Congress can get them in, and that’s not the case. Congress can lower one or two of the barriers, but they can’t just legislate the Israelis in.” The path to visa waivers runs through DHS and can take years to navigate.
  • Israel is not even close to meeting those standards, a congressional aide said. “You’ve got to have machine-readable passports in place—the e-passports with a data chip in them. The Israelis have only just started to issue them to diplomats and senior officials and so forth, and that probably won’t be rolled out to the rest of their population for another 10 years.” But U.S. counterspies will get the final word. And since Israel is as likely to stop spying here as it is to give up matzo for Passover, the visa barriers are likely to stay up. As Paul Pillar, the CIA’s former national intelligence officer for the Near East and South Asia, told Newsweek, old habits are hard to break: Zionists were dispatching spies to America before there even was an Israel, to gather money and materials for the cause and later the fledgling state. Key components for Israel’s nuclear bombs were clandestinely obtained here. “They’ve found creative and inventive ways,” Pillar said, to get what they want. “If we give them free rein to send people over here, how are we going to stop that?” the former congressional aide asked. “They’re incredibly aggressive. They’re aggressive in all aspects of their relationship with the United States. Why would their intelligence relationship with us be any different?”
Paul Merrell

Keith Alexander Unplugged: on Bush/Obama, 1.7 million stolen documents and other matter... - 0 views

  • The just-retired long-time NSA chief, Gen. Keith Alexander, recently traveled to Australia to give a remarkably long and wide-ranging interview with an extremely sycophantic “interviewer” with The Australian Financial Review. The resulting 17,000-word transcript and accompanying article form a model of uncritical stenography journalism, but Alexander clearly chose to do this because he is angry, resentful, and feeling unfairly treated, and the result is a pile of quotes that are worth examining, only a few of which are noted below:
  • How Edward Snowden managed to steal an alleged 1.7 million documents from the NSA. Sunday: http://t.co/gbrIu5yMcc — 60 Minutes (@60Minutes) December 13, 2013 Mike McConnell, the vice chairman of Booz Allen and former Director of National Intelligence in the Bush administration, then claimed that ”Snowden absconded with 1.7 million to 1.8 million documents.” Ever since then, that Snowden “stole” 1.7 or 1.8 million documents from the NSA has been repeated over and over again by US media outlets as verified fact. The Washington Post‘s Walter Pincus, citing an anonymous official source, purported to tell readers that “among the roughly 1.7 million documents he walked away with — the vast majority of which have not been made public — are highly sensitive, specific intelligence reports”. Reuters frequently includes in its reports the unchallenged assertion that “Snowden was believed to have taken 1.7 million computerized documents.” Just this week, the global news agency told its readers that “Snowden was believed to have taken 1.7 million computerized documents.”
  • AFR: Can you now quantify the number of documents [Snowden] stole? Gen. Alexander: Well, I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting. What we do have an accurate way of counting is what he touched, what he may have downloaded, and that was more than a million documents. It’s hard to recall a better and clearer example of how mindless and uncritical the American media is when it comes to the unproven pronouncements of the U.S. Government. Back in December, 60 Minutes broadcast a now-notorious segment of pure access journalism in which they gullibly disseminated one false NSA claim after the next in exchange for being given exclusive(!) access to a few Secret and Exciting Rooms inside the agency’s headquarters. The program claimed that Snowden “is believed to still have access to 1.5 million classified documents he has not leaked”. On its Twitter account, 60 Minutes made this claim to promote its show:
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  • In fact, that number is and always has been a pure fabrication, as even Keith Alexander admits. The claimed number has changed more times than one can count: always magically morphing into randomly chosen higher and scarier numbers. The reality, in the words of the General, is that the US Government ”really [doesn't] know[] what he actually took with him” and they ”don’t have an accurate way of counting”. All they know is how many documents he accessed in his entire career at NSA, which is a radically different question from how many documents he took. But that hasn’t stopped American media outlets from repeatedly affirming the inflammatory evidence-free claim that Snowden took 1.7 million documents. As usual, even the most blatantly unreliable claims from National Security State officials are treated as infallible papal pronouncements by our Adversarial Watchdog Press. There’s an equally vital point made by Alexander’s admission. The primary defense of the NSA and its defenders is that one need not worry about the staggering sums of data they collect because they have implemented very rigorous oversight mechanisms and controls that prevent abuse. Yet Edward Snowden spent months downloading a large amount of highly sensitive documents right under their noses. And not only did they have no idea that he was doing it, but now – even after spending large sums of money to find out – they are still completely incapable of learning which documents he took or even how many he took. Does that at all sound like a well-managed, tightly controlled system that you can trust to safeguard your most personal data and to detect and prevent abuse of this system by the tens of thousands of people who have access to it?
  • The release date for my book on the NSA, privacy, and our reporting of the surveillance story, No Place to Hide, is next Tuesday, May 13, at which time all of the previously unpublished NSA documents that are reported on in the book will be placed online, with free access, at the book’s website.
Paul Merrell

DOJ Seeks Removal Of Restrictions On Computer Search Warrants - 0 views

  • The Justice Department recently submitted proposed new rules on the procedures and practices of the department’s agencies and bureaus. Among the suggested changes is a modification of the Federal Rules of Criminal Procedure Rule 41(b), which empowers a federal court to issue a warrant allowing the federal government to conduct a search of a computer or computer network involved in a criminal investigation. Under current regulations, a warrant issued by a federal court is only valid in that court’s district. As there are 94 federal judicial districts, investigating a widespread attack may require either petitioning dozens of district courts or acting extrajudicially by not seeking a warrant. An extrajudicial investigation, however, cannot be used if criminal convictions are sought, as evidence gathered in this manner is not typically admissible in court. The Justice Department is seeking to make remote access warrants to search, seize and copy electronic information valid for all federal districts.
  • The Justice Department argues that due to the sophistication of cyber-criminals, an offending computer or computer cluster can sit in a district separate from the district where the hackers that infected the target computer anonymously are and separate from the investigators’ district. “Criminals are using multiple computers in many districts simultaneously as part of complex criminal schemes, and effectively investigating and disrupting these schemes often requires remote access to Internet-connected computers in many different districts,” wrote then-acting Assistant Attorney General Mythili Raman in a September letter to the Advisory Committee on the Criminal Rules. “Botnets are a significant threat to the public: they are used to conduct large-scale denial of service attacks, steal personal and financial data, and distribute malware designed to invade the privacy of users of the host computers,” Raman continued. In the letter, Raman cited an investigation of a child porn site that uses The Onion Router Network, or Tor, to anonymize its traffic. The Justice Department argues that it knows the site’s hosting server location, but without a warrant local to the server, the department is prevented from retrieving the server’s user records — including IP and MAC addresses. In most cases, however, law enforcement do not know the physical location of the site’s server, making it impossible to request a specific warrant.
  • In these cases, the Justice Department could request a blanket warrant. This would allow the department to set up a “zero-day” attack on the server — an attack exploiting a manufacturer-unknown or -permitted security flaw, allowing access to the system’s operating software. However, a Texas judge denied the FBI access to such a warrant, saying the Justice Department’s use of “zero-day” attacks in its investigation exposes the public and the target to unknown risks. One typical type of a “zero-day” attack is an infected email that could affect a large number of innocent people if the target used a public computer to access his email. The FBI planned to install a Remote Administration Tool, or RAT, which would distribute such emails in a partially-targeted spam mail distribution. Last year, Federal Magistrate Judge Stephen Smith of the Houston Division of the Southern District of Texas ruled that this was a gross overreach of investigatory intrusion, blocking the plan temporarily. A “zero-day” attack has the potential to activate and control the targeted computer’s peripherals, such as webcams and microphones.
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  • Following this ruling, based on the assumptions that federal law enforcement fundamentally act in good faith and that there may be a legitimate need for remote exploitation of computer data, the Justice Department sought to introduce changes to the rules that would overcome Smith’s objections. The proposed change to Rule 41(b) would allow magistrate judges “… to issue a warrant to use remote access to search electronic storage media and to seize electronically stored information located within or outside that district.” The Justice Department has indicated that it wants warrants permitting multiple computers to be searched at the same time, as well as permission to search all of the email and social media accounts accessible from a single computer. Such access would constitute a violation of the Electronic Communications Privacy Act, as the government, under the act, must make demonstrate probable cause to each targeted service provider and obtain and serve a warrant for each service provider. A warrant to search every account active on a computer would be actively bypassing the act’s numerous safeguards.
  • Privacy advocates fear that this rule change would allow prosecutors and the Justice Department to seek out magistrates likely to give them their requested warrants, creating a situation in which the federal government could have a “warrant shop” with just one judge for the whole of the nation. In light of allegations of federal government over-policing — including revelations of aggressive domestic and international electronic spying by the FBI and the National Security Agency — many advocates argue that an examination of the federal government’s commitment to the Fourth Amendment is needed. “The proposed amendment would significantly expand the government’s authority to conduct remote searches of electronic storage media,” the American Civil Liberties Union wrote in a memorandum early last month. “It would also expand the government’s power to engage in computer hacking in the course of criminal investigations, including through the use of malware and other techniques that pose a risk to internet security and that raise Fourth Amendment and policy concerns. “In light of these concerns, the ACLU recommends that the Advisory Committee exercise extreme caution before granting the government new authority to remotely search individuals’ electronic data.” The rules are scheduled to be discussed at the meeting of the Judiciary’s Committee on Rules of Practice and Procedure later this month.
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    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. ("Oh, Goody! Let's start shopping around for the judges we like instead of the ones we are now required to persuade. What? The Mississippi judge refused to sign the warrant? Oh well, let's try it with that other judge we like, the one in Gnome, Alaska.") In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted in the warrant's bottom margin, no doubt
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    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted at the bottom.  To be continued after this is intially posted to Diigo so the content isn't cut off.   
Paul Merrell

Bernie Sanders Introduces a Bill to Break Up the Big Banks | The Nation - 0 views

  • Senator Bernie Sanders announced legislation Wednesday that would break up the country’s largest financial institutions. It’s the third time he’s introduced such a measure, but this time around he wields the large microphone of a presidential candidate. The bill, titled the “Too Big to Fail, Too Big to Exist Act,” will also be introduced in the House by Representatives Brad Sherman and Alan Grayson. If passed, it would require regulators at the Financial Stability Oversight Council to come up with a list of too-big-to-fail institutions whose failure would threaten the economy. One year later, those banks would be broken up by the secretary of the Treasury. Sure to be included on that list, based on the standards outlined in the legislation, would be JPMorgan Chase, Citigroup, Goldman Sachs, Bank of America, and Morgan Stanley.
  • It also unavoidably poses a test for Hillary Clinton, the other declared Democratic candidate. Much of the Draft Warren movement launched by progressive activists focused on the Massachusetts senator’s advocacy for combating the financial sector’s power generally, and breaking up the big banks in particular—and Clinton’s perceived weakness on that front.
  • Another likely Democratic candidate, former Maryland governor Martin O’Malley, wrote an op-ed in The Des Moines Register in March that also called for the biggest financial institutions to be broken up. Elsewhere, Senators Sherrod Brown and David Vitter have introduced similar legislation in the past, and the Federal Deposit Insurance Corporation’s Tom Hoenig also favors break-ups. Sanders and Sherman cited the danger posed to the economy by big banks, many of which are dramatically larger than they were before the 2008 financial crisis. JPMorgan Chase, for example, has increased its assets by $1.1 trillion since 2007. “In 2008 we learned that if Wall Street calls and says ‘bail us out or we’re going to take the economy down with us,’ that even if there is no statutory provision for bailouts, which there really isn’t today, Congress will pass as we did in 2008 a bill mandating the bailout,” said Sherman. “So ‘too big to fail’ means you will be bailed. That isn’t capitalism. That is socialism for the wealthy.”
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  • Sanders noted the large fines and settlement paid by big financial institutions since 2009, totaling $176 billion, and referenced former attorney general Eric Holder’s frank admission in 2013 that some banks are “too big to jail.” (Holder later walked back that comment, though no high-level executives have gone to prison for anything related to the financial crisis.)
  • The duo also described their belief that big Wall Street banks are crushing smaller and medium-sized banks. Sherman cited research from the International Monetary Fund that when big banks have implicit taxpayer backing, their access to capital is so much easier that it amounts to an extra $83 billion annually—something he argued was an unfair advantage over smaller banks that would be allowed to fail. The Independent Community Bankers of America, which represents 6,000 smaller banks, has endorsed the Sanders-Sherman legislation. Beyond just small banks, Sanders argued that enormous financial institutions harm the broader economy because those smaller banks are key sources of capital for small businesses. “Wall Street cannot be an island unto itself separate from the productive economy,” he said.
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    Sanders pushing Hillary to commit to doing something about the banks. Fat chance. But maybe he can show who she really is.
Paul Merrell

US-backed rebels handed over equipment to al Qaeda in Syria | The Long War Journal - 0 views

  • US-backed rebels in the so-called “New Syrian Forces” (NSF) have turned over at least some of their equipment and ammunition to a “suspected” intermediary for Al Nusrah Front, US Central Command (CENTCOM) conceded in a statement released late yesterday. The coalition-provided supplies were given by the rebels to Al Nusrah, an official branch of al Qaeda, in exchange for “safe passage within their operating area.” The “NSF unit contacted Coalition representatives and informed us that on Sept. 21-22 they gave six pick-up trucks and a portion of their ammunition to a suspected Al Nusrah Front intermediary, which equates to roughly 25 percent of their issued equipment,” CENTCOM spokesperson Col. Patrick Ryder said. “If accurate, the report of NSF members providing equipment to Al Nusrah Front is very concerning and a violation of Syria train and equip program guidelines.” While Ryder left open the possibility that the report is not accurate, he did not offer any explanation for why the NSF unit would lie about giving the equipment to Al Nusrah. The admission further jeopardizes the unit’s ability to receive American arms in the future. Rebels belonging to Division 30, a group supported by the US, suffered losses immediately upon entering the Syrian fray earlier this year.
  • More than 50 members of Division 30 were sent into Syria in July. But Al Nusrah quickly thwarted their plans, even though the US-backed rebels intended to fight the Islamic State, Al Nusrah’s bitter rival. A number of Division 30 fighters were captured or killed within days of embarking on their mission. Al Nusrah released a statement at the time saying that Division 30 is part of an American scheme that is opposed to the interests of the Syrian people. Al Qaeda’s branch accused the group of trying to form “the nucleus” of a “national army” and blasted the attempt to bolster the “moderate opposition.” Al Nusrah also attacked Division 30’s headquarters in Azaz, a city north of Aleppo. The US responded with airstrikes, killing a number of jihadists, but the damage to the limited US effort was done. US officials said earlier this month that only four or five rebels were left in the fight. Dozens of additional US-supported rebels have entered the war in recent weeks, according to US military officials. Not only has al Qaeda thwarted America’s first efforts under the overt $500 million train and equip program, which is managed by the US military, it has also taken out rebels who received unofficial support from the US intelligence community.
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