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Gary Edwards

XKeyscore: NSA tool collects 'nearly everything a user does on the internet' | World ne... - 1 views

  • The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
  • The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10
  • "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
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  • US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
  • But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
  • XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
  • Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
  • Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets.
  • But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
  • One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
  • The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
  • Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
  • One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
  • Email monitoring
  • One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
  • To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
  • One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications.
  • Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
  • Chats, browsing history and other internet activity
  • Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
  • An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
  • The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
  • The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
  • William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
  • The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
  • "The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
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    "One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One
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    "But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.
Gary Edwards

NY Times Admits: Al-Qaeda Terror Threat Used to "Divert Attention" from NSA Uproar | A ... - 1 views

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    Wag the Dog? Obama using terror threats to divert public attention from NSA illegal spying? No surprise here except for the admission to the NYT. excerpt: "Some analysts and Congressional officials suggested Friday that emphasizing a terrorist threat now was a good way to divert attention from the uproar over the N.S.A.'s data-collection programs, and that if it showed the intercepts had uncovered a possible plot, even better. - NY Times article from August 2, 2013: Qaeda Messages Prompt U.S. Terror Warning Nothing about the above quote should surprise any of my readers, we all know the sick, twisted mindset of those involved in the Military-Industrial-Wall Street complex. What's more shocking is the fact that these folks so openly admit it to the New York Times, albeit in a typical anonymous and cowardly fashion. Let's not forget what Robert Shapiro, former Clinton official and Obama supporter told the FT in July 2010: The bottom line here is that Americans don't believe in President Obama's leadership. He has to find some way between now and November of demonstrating that he is a leader who can command confidence and, short of a 9/11 event or an Oklahoma City bombing, I can't think of how he could do that. I discussed the above quote and related topics in my 2010 piece: The Dangers of a Failed Presidency. Well, if Mr. Shapiro thinks President Obama didn't have credibility in 2010, one can only imagine what he thinks today. That is precisely what makes the current moment so extraordinarily dangerous. From the New York Times: WASHINGTON - The United States intercepted electronic communications this week among senior operatives of Al Qaeda, in which the terrorists discussed attacks against American interests in the Middle East and North Africa, American officials said Friday. It is unusual for the United States to come across discussions among senior Qaeda operatives about operational planning - through informants, intercepted e-mails o
Paul Merrell

NSA 'secret backdoor' paved way to U.S. phone, e-mail snooping | Politics and Law - CNE... - 0 views

  • The National Security Agency created a "secret backdoor" so its massive databases could be searched for the contents of U.S. citizens' confidential phone calls and e-mail messages without a warrant, according to the latest classified documents leaked by Edward Snowden. A report in the Guardian on Friday quoted Sen. Ron Wyden, an Oregon Democrat who serves on the Senate Intelligence Committee, as saying the secret rule offers a loophole allowing "warrantless searches for the phone calls or emails of law-abiding Americans." That appears to confirm what Rep. Jerrold Nadler, a New York Democrat, said in June after receiving a classified briefing from administration officials a few days earlier on the extent of the NSA's domestic surveillance operations. If the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required, Nadler said he had been told during the briefing. "I was rather startled," said Nadler, an attorney who serves on the House Judiciary Committee.
  • FBI Director Robert Mueller responded by assuring Nadler, according to a transcript of the hearing, that to "listen to the phone," the government would need "a particularized order" from the Foreign Intelligence Surveillance Court -- a claim that is contradicted by today's Guardian report and other documents. Mueller has been succeeded by James Comey, who was confirmed last month by the Senate. In response to a CNET article at the time, Director of National Intelligence James Clapper released a statement saying: "The statement that a single analyst can eavesdrop on domestic communications without proper legal authorization is incorrect and was not briefed to Congress." Clapper never elaborated, however, on what "proper" authorization would be. Today's top-secret document leaked by Snowden reveals that "procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data."
  • FAA 702 is a reference to section 702 of a 2008 law that amended the Foreign Intelligence Surveillance Act. Those amendments created a warrantless surveillance process that could be employed by NSA analysts, but Congress never intended it to be used domestically against American citizens: A congressional report accompanying the law claimed it allows electronic surveillance only of "persons located outside the United States in order to acquire foreign intelligence information." In reality, though, the Obama Justice Department has devised secret interpretations of FAA 702 carving out loopholes in what were intended to be strict privacy safeguards. One loophole revealed in June shows that NSA, CIA, and FBI analysts are granted broad access to data vacuumed up by the world's most powerful intelligence agency -- but are supposed to follow certain "targeting" and "minimization" procedures to limit the number of Americans who become individual targets of warrantless surveillance.
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  • Today's disclosures appear to be at odds with what President Obama has said over the last two months in defense of NSA surveillance. "What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails," Obama has said. Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls -- in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established "listening posts" that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, "whether they originate within the country or overseas." That includes not just metadata, but also the contents of the communications.
  • AT&T and other telecommunications companies that allow the NSA to tap into their fiber links receive absolute immunity from civil liability or criminal prosecution, thanks to Section 702 of the FISA Amendments Act, which Congress renewed in 2012. It says that any civil lawsuit "against any person for providing assistance to an element of the intelligence community...shall be promptly dismissed." Section 702 of the law says surveillance may be authorized by the attorney general and director of national intelligence without prior approval by the secret Foreign Intelligence Surveillance Court -- in practice, this means analysts at the NSA and other agencies with intelligence functions -- as long as minimization requirements and general procedures blessed by the court are followed. It's unclear whether the court has approved the "secret backdoor" allowing Americans' e-mail and phone messages to be targeted for domestic surveillance.
Gary Edwards

A First Look at the Book "The Liberty Amendments", by Mark Levin - Tea Party Command Ce... - 0 views

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    Excellent youtube interview! "Mark Levin has just published his much-anticipated book The Liberty Amendments: Restoring the American Republic. Three of his eleven proposed Constitutional amendments appear below, and a Sean Hannity interview of Levin appears at the bottom of this post. Levin's book is centered around the Constitution's Article V (aka "Article 5″). That article specifies two methods for amending the Constitution. Just briefly - In the first method of creating amendments, Congress proposes and the States dispose. In the second method of creating amendments, the States propose and the States dispose. The second method has never been used successfully, although there have been many attempts.  It is that second method that the Founders provided as a remedy for an overreaching federal government. In the second method, neither Congress, nor the President, nor the Supreme Court have any voting or veto authority whatsoever.  The states are in full control. Period. It is, by design, the ultimate override for an over-spending, over-taxing, over-regulating, and increasingly dictatorial and lawless federal government. Clearly, its time has come. In that second method, Congress has at most a mere ministerial role.  Of course Congress is very protective of its power, and could, through delay and inaction, attempt to convert their mere ministerial role into a de facto veto power, halting any attempt for a state-driven amendment action. Apparently Congress has done exactly that many times, acting in bad faith and contrary to the Framers' spirit and intent for Article V which is clearly expressed in the Federalist Papers. Legal scholars have been trying to find a way around the federal government's intransigence, so far with little success. Now more than ever, it is time for We the People to bring the power of Article V to the center ring of American politics. That starts with awareness, and Levin's book will br
Paul Merrell

WASHINGTON: Americans' personal data shared with CIA, IRS, others in security probe | N... - 0 views

  • WASHINGTON — U.S. agencies collected and shared the personal information of thousands of Americans in an attempt to root out untrustworthy federal workers that ended up scrutinizing people who had no direct ties to the U.S. government and simply had purchased certain books.Federal officials gathered the information from the customer records of two men who were under criminal investigation for purportedly teaching people how to pass lie detector tests. The officials then distributed a list of 4,904 people – along with many of their Social Security numbers, addresses and professions – to nearly 30 federal agencies, including the Internal Revenue Service, the CIA, the National Security Agency and the Food and Drug Administration.
  • The unprecedented creation of such a list and decision to disseminate it widely demonstrate the ease with which the federal government can collect and share Americans’ personal information, even when there’s no clear reason for doing so. The case comes to light amid revelations that the NSA, in an effort to track foreign terrorists, has for years been stockpiling the data of the daily telephone and Internet communications of tens of millions of ordinary Americans. Though nowhere near as massive as the NSA programs, the polygraph inquiry is another example of the federal government’s vast appetite for Americans’ personal information and the sweeping legal authority it wields in the name of national security. “This is increasingly happening – data is being collected by the federal government for one use and then being entirely repurposed for other uses and shared,” said Fred Cate, an Indiana University-Bloomington law professor who specializes in information privacy and national security. “Yet there is no constitutional protection for sharing data within the government.”
  • While the collection of the information likely passes constitutional muster, the federal agencies involved may have violated their own privacy policies by sharing the personal information of people who aren’t government employees, several legal experts agreed.
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    The inter-agency sharing of information described in this article sounds like a straightforward violation of several different sections of the federal Privacy Act. That Act places severe restrictions on inter-agency sharing of information that includes personal identifiers of members of the public, including the requirement of notifying the victims when a violation is discovered. The Act also provides a private right of action for anyone whose rights under the Act are violated with a statutory minimum damages award of $1,500 plus attorney fees and expenses of litigation.   
Paul Merrell

Fisa court documents reveal extent of NSA disregard for privacy restrictions | World ne... - 0 views

  • Newly declassified court documents indicate that the National Security Agency shared its trove of American bulk email and internet data with other government agencies in violation of specific court-ordered procedures to protect Americans’ privacy. The dissemination of the sensitive data transgressed both the NSA’s affirmations to the secret surveillance court about the extent of the access it provided, and prompted incensed Fisa court judges to question both the NSA’s truthfulness and the value of the now-cancelled program to counter-terrorism. While the NSA over the past several months has portrayed its previous violations of Fisa court orders as “technical” violations or inadvertent errors, the oversharing of internet data is described in the documents as apparent widespread and unexplained procedural violations. “NSA’s record of compliance with these rules has been poor,” wrote judge John Bates in an opinion released on Monday night in which the date is redacted.
  • “Most notably, NSA generally disregarded the special rules for disseminating United States person information outside of NSA until it was ordered to report such disseminations and to certify to the [Fisa court] that the required approval had been obtained.” In addition to improperly permitting access to the email and internet data – intended to include information such as the “to” “from” and “BCC” lines of an email – Bates found that the NSA engaged in “systemic overcollection”, suggesting that content of Americans’ communications was collected as well.
  • The court had required the NSA to comply with a longstanding internal procedure for protecting Americans’ sensitive information prior to sharing the data internally within NSA, known as United States Signals Intelligence Directive 18 (USSID 18) and also declassified on Monday night; and additionally required a senior NSA official to determine that any material shared outside the powerful surveillance agency was related to counter-terrorism. Yet in a separate Fisa court document, the current presiding judge, Reggie Walton, blasted the government’s secret declaration that it followed USSID 18 “rather than specifically requiring that the narrower dissemination provision set forth in the Court’s orders in this matter be strictly adhered to”. Walton wrote: “The court understands this to mean that the NSA likely has disseminated US person information derived from the [email and internet bulk] metadata outside NSA without a prior determination from the NSA official designated in the court’s orders that the information is related to counter-terrorism information and is necessary to understand the counter-terrorism information or assess its importance.”
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  • In an opinion apparently written in June 2009, Walton said the court was “gravely concerned” that “NSA analysts, cleared and otherwise, have generally not adhered to the dissemination restrictions proposed by the government, repeatedly relied on by the court in authorizing the [email and internet bulk] metadata, and incorporated into the court’s orders in this matter [redacted] as binding on NSA.” Walton said the NSA’s legal team had failed to satisfy the training requirements that NSA frequently points to in congressional testimony as demonstrating its scrupulousness. Walton added that he was “seriously concerned” by the placement of Americans’ email and internet metadata into “databases accessible by outside agencies, which, as the government has acknowledged, violates not only the court’s orders, but also NSA’s minimization and dissemination procedures as set forth in USSID 18.”
  • In 2011, Bates wrote that the “volume and nature” of the NSA’s bulk collection on foreign internet content was “fundamentally different from what the court had been led to believe”. Yet the documents disclosed Monday night, thanks to a transparency lawsuit, show that Bates and Walton permitted the surveillance of Americans’ bulk email and internet metadata to continue under additional restrictions, out of concern for the ongoing terrorism threat.
  • Elizabeth Goitien of the Brennan Center for Justice at New York University said that the declassified opinions raise disturbing questions about the NSA’s truthfulness. “Either the NSA is really trying to comply with the court’s orders and is absolutely incapable of doing so, in which case it’s terrifying that they’re performing this surveillance, or they’re not really trying to comply,” Goitien said. “Neither of those explanations is particularly comforting.”
Paul Merrell

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

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

N.S.A. Spied on Allies, Aid Groups and Businesses - NYTimes.com - 0 views

  • Secret documents reveal more than 1,000 targets of American and British surveillance in recent years, including the office of an Israeli prime minister, heads of international aid organizations, foreign energy companies and a European Union official involved in antitrust battles with American technology businesses.
  • While the names of some political and diplomatic leaders have previously emerged as targets, the newly disclosed intelligence documents provide a much fuller portrait of the spies’ sweeping interests in more than 60 countries. Britain’s Government Communications Headquarters, working closely with the National Security Agency, monitored the communications of senior European Union officials, foreign leaders including African heads of state and sometimes their family members, directors of United Nations and other relief programs, and officials overseeing oil and finance ministries, according to the documents. In addition to Israel, some targets involved close allies like France and Germany, where tensions have already erupted over recent revelations about spying by the N.S.A.
  • Details of the surveillance are described in documents from the N.S.A. and Britain’s eavesdropping agency, known as GCHQ, dating from 2008 to 2011. The target lists appear in a set of GCHQ reports that sometimes identify which agency requested the surveillance, but more often do not. The documents were leaked by the former N.S.A. contractor Edward J. Snowden and shared by The New York Times, The Guardian and Der Spiegel. The reports are spare, technical bulletins produced as the spies, typically working out of British intelligence sites, systematically tapped one international communications link after another, focusing especially on satellite transmissions. The value of each link is gauged, in part, by the number of surveillance targets found to be using it for emails, text messages or phone calls. More than 1,000 targets, which also include people suspected of being terrorists or militants, are in the reports. It is unclear what the eavesdroppers gleaned. The documents include a few fragmentary transcripts of conversations and messages, but otherwise contain only hints that further information was available elsewhere, possibly in a larger database.
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  • Ms. Hansen, the spokeswoman for the European Commission, said that it was already engaged in talks with the United States that were “needed to restore trust and confidence in the trans-Atlantic relationship.” She added that “the commission will raise these new allegations with U.S. and U.K. authorities.”
  • Also appearing on the surveillance lists is Joaquín Almunia, vice president of the European Commission, which, among other powers, has oversight of antitrust issues in Europe. The commission has broad authority over local and foreign companies, and it has punished a number of American companies, including Microsoft and Intel, with heavy fines for hampering fair competition. The reports say that spies intercepted Mr. Almunia’s communications in 2008 and 2009. Mr. Almunia, a Spaniard, assumed direct authority over the commission’s antitrust office in 2010. He has been involved in a three-year standoff with Google over how the company runs its search engine. Competitors of the online giant had complained that it was prioritizing its own search results and using content like travel reviews and ratings from other websites without permission. While pushing for a settlement with Google, Mr. Almunia has warned that the company could face large fines if it does not cooperate.
  • Some condemned the surveillance on Friday as unjustified and improper. “This is not the type of behavior that we expect from strategic partners,” Pia Ahrenkilde Hansen, a spokeswoman for the European Commission, said on the latest revelations of American and British spying in Europe. Some of the surveillance relates to issues that are being scrutinized by President Obama and a panel he appointed in Washington that on Wednesday recommended tighter limits on the N.S.A., particularly on spying of foreign leaders, especially allies.
  • “We do not use our foreign intelligence capabilities to steal the trade secrets of foreign companies on behalf of — or give intelligence we collect to — U.S. companies to enhance their international competitiveness or increase their bottom line,” said Vanee Vines, an N.S.A. spokeswoman. But she added that some economic spying was justified by national security needs. “The intelligence community’s efforts to understand economic systems and policies, and monitor anomalous economic activities, are critical to providing policy makers with the information they need to make informed decisions that are in the best interest of our national security,” Ms. Vines said.
  • The surveillance reports show American and British spies’ deep appetite for information. The French companies Total, the oil and gas giant, and Thales, an electronics, logistics and transportation outfit, appear as targets, as do a French ambassador, an “Estonian Skype security team” and the German Embassy in Rwanda.
  • Multiple United Nations Missions in Geneva are listed as targets, including Unicef and the United Nations Institute for Disarmament Research. So is Médecins du Monde, a medical relief organization that goes into war-ravaged areas. Leigh Daynes, an executive director of the organization in Britain, responded to news about the surveillance by saying: “There is absolutely no reason for our operations to be secretly monitored.” More obvious intelligence targets are also listed, though in smaller numbers, including people identified as “Israeli grey arms dealer,” “Taleban ministry of refugee affairs” and “various entities in Beijing.” Some of those included are described as possible members of Al Qaeda, and as suspected extremists or jihadists.
  • While few if any American citizens appear to be named in the documents, they make clear that some of the intercepted communications either began or ended in the United States and that N.S.A. facilities carried out interceptions around the world in collaboration with their British partners. Some of the interceptions appear to have been made at the Sugar Grove, W.Va., listening post run by the N.S.A. and code-named Timberline, and some are explicitly tied to N.S.A. target lists in the reports.
  • Strengthening the likelihood that full transcripts were taken during the intercepts is the case of Mohamed Ibn Chambas, an official of the Economic Community of West African States, known as Ecowas, a regional initiative of 15 countries that promotes economic and industrial activity. Whether intentionally or through some oversight, when Mr. Chambas’s communications were intercepted in August 2009, dozens of his complete text messages were copied into one of the reports.
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    No mention of any "terrorist" targets. Could it be that Snowden and Greenwald are right, that the surveillance is not about terrorism at all? Surely our nation's leaders would not lie to us about that. Right. The Politics of Fear.
Gary Edwards

WHO ARE THE REAL TRAITORS? - BlackListedNews.com - 1 views

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    I was going through my email, trying to clean things up, and hit on this post from a member of the Bay Area Patriots, Nina Ortega. Like many Tea Party patriots, Nina is a Libertarian. The letter itself though is stunning. Maybe the most heartfelt cry of an American patriot I have ever read. Using lots of Quotes, and some very colorful language, the author, Jim Quinn responds to the Edward Snowden controversy, arguing that this brave patriot's courgage is on a par with that of the founding fathers. And those accusing him are the real traitors. Great stuff. Take some time, and let it all out. intro: "There are weeks that change the course of human history. There are weeks when people must choose sides. There are weeks that expose the real American traitors. There is no middle ground in this debate. You are either on the side of freedom, liberty, truth, transparency and the U.S. Constitution or you are on the side of mindless obedience, oppression, deception, corruption and tyranny. A courageous young Millennial named Edward Snowden has risked his life and his future to expose the illegal, surreptitious surveillance programs being conducted by the United States government in clear violation of the 4th Amendment to the U.S. Constitution. The NSA, with the full knowledge of Barack Obama and Congress, has been covertly collecting phone and internet records on millions of Americans with the full cooperation of Verizon and other mega media/data corporations. Our owners have been using the U.S. Constitution to wipe their asses. The 4th Amendment to the U.S. Constitution is so unambiguous that any intelligent politician, bright journalist or fifth grader in Miss Sabatini's history class could interpret its meaning and intention. Our founding fathers believed in truth, clarity and simplicity. The traitorous sociopaths in control of our government today believe in obfuscation, ambiguity and complexity."
Paul Merrell

Obama Lets N.S.A. Exploit Some Internet Flaws, Officials Say - NYTimes.com - 0 views

  • Stepping into a heated debate within the nation’s intelligence agencies, President Obama has decided that when the National Security Agency discovers major flaws in Internet security, it should — in most circumstances — reveal them to assure that they will be fixed, rather than keep mum so that the flaws can be used in espionage or cyberattacks, senior administration officials said Saturday.But Mr. Obama carved a broad exception for “a clear national security or law enforcement need,” the officials said, a loophole that is likely to allow the N.S.A. to continue to exploit security flaws both to crack encryption on the Internet and to design cyberweapons.
  • elements of the decision became evident on Friday, when the White House denied that it had any prior knowledge of the Heartbleed bug, a newly known hole in Internet security that sent Americans scrambling last week to change their online passwords. The White House statement said that when such flaws are discovered, there is now a “bias” in the government to share that knowledge with computer and software manufacturers so a remedy can be created and distributed to industry and consumers.Caitlin Hayden, the spokeswoman for the National Security Council, said the review of the recommendations was now complete, and it had resulted in a “reinvigorated” process to weigh the value of disclosure when a security flaw is discovered, against the value of keeping the discovery secret for later use by the intelligence community.“This process is biased toward responsibly disclosing such vulnerabilities,” she said.
  • The N.S.A. made use of four “zero day” vulnerabilities in its attack on Iran’s nuclear enrichment sites. That operation, code-named “Olympic Games,” managed to damage roughly 1,000 Iranian centrifuges, and by some accounts helped drive the country to the negotiating table.Not surprisingly, officials at the N.S.A. and at its military partner, the United States Cyber Command, warned that giving up the capability to exploit undisclosed vulnerabilities would amount to “unilateral disarmament” — a phrase taken from the battles over whether and how far to cut America’s nuclear arsenal.“We don’t eliminate nuclear weapons until the Russians do,” one senior intelligence official said recently. “You are not going to see the Chinese give up on ‘zero days’ just because we do.” Even a senior White House official who was sympathetic to broad reforms after the N.S.A. disclosures said last month, “I can’t imagine the president — any president — entirely giving up a technology that might enable him some day to take a covert action that could avoid a shooting war.”
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  • One recommendation urged the N.S.A. to get out of the business of weakening commercial encryption systems or trying to build in “back doors” that would make it far easier for the agency to crack the communications of America’s adversaries. Tempting as it was to create easy ways to break codes — the reason the N.S.A. was established by Harry S. Truman 62 years ago — the committee concluded that the practice would undercut trust in American software and hardware products. In recent months, Silicon Valley companies have urged the United States to abandon such practices, while Germany and Brazil, among other nations, have said they were considering shunning American-made equipment and software. Their motives were hardly pure: Foreign companies see the N.S.A. disclosures as a way to bar American competitors.Continue reading the main story Continue reading the main story AdvertisementAnother recommendation urged the government to make only the most limited, temporary use of what hackers call “zero days,” the coding flaws in software like Microsoft Windows that can give an attacker access to a computer — and to any business, government agency or network connected to it. The flaws get their name from the fact that, when identified, the computer user has “zero days” to fix them before hackers can exploit the accidental vulnerability.
  • But documents released by Edward J. Snowden, the former N.S.A. contractor, make it clear that two years before Heartbleed became known, the N.S.A. was looking at ways to accomplish exactly what the flaw did by accident. A program code-named Bullrun, apparently named for the site of two Civil War battles just outside Washington, was part of a decade-long effort to crack or circumvent encryption on the web. The documents do not make clear how well it succeeded, but it may well have been more effective than exploiting Heartbleed would be at enabling access to secret data.The government has become one of the biggest developers and purchasers of information identifying “zero days,” officials acknowledge. Those flaws are big business — Microsoft pays up to $150,000 to those who find them and bring them to the company to fix — and other countries are gathering them so avidly that something of a modern-day arms race has broken out. Chief among the nations seeking them are China and Russia, though Iran and North Korea are in the market as well.
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    Note that this is only an elastic policy, not law. Also notice that NYT is now reporting as *fact* that the NSA did the cyber attack on the Iranian enrichment centrifuges. By any legal measure, if true that was an act of war, a war of aggression.  So why wasn't the American public informed that we were at war with Iran? 
Paul Merrell

Tomgram: Engelhardt, The Bermuda Triangle of National Security | TomDispatch - 0 views

  • As with a magician, sometimes you have to look where he isn’t pointing to catch sight of reality.  With that in mind, I’d like to nominate British journalist Patrick Cockburn for a prize.  In the midst of the recent headlines, in the most important article no one noticed, he pointed out something genuinely unnerving about our world.
  • Yes, we’re all aware that the U.S. invasion of Iraq didn’t exactly work out as planned and that Afghanistan has been a nearly 13-year disaster, even though the U.S. faced the most ragtag of minority insurgencies in both places.  What, however, about the monumental struggle that used to be called the Global War on Terror?  After all, we got Osama bin Laden.  It took a while, but SEAL Team 6 shot him down in his hideout in Pakistan.  And for years, thanks to the CIA’s drone assassination campaigns in the Pakistani tribal borderlands, Yemen, and Somalia (as well as a full scale hunter-killer operation in Iraq while we were still occupying that country), we’ve been told that endless key al-Qaeda “lieutenants” have been sent to their deaths and that al-Qaeda in Afghanistan has been reduced to 50-100 members. Yet Cockburn concludes: “Twelve years after the ‘war on terror’ was launched it has visibly failed and al-Qaeda-type jihadis, once confined to a few camps in Afghanistan, today rule whole provinces in the heart of the Middle East.”  Look across that region today and from Pakistan to Libya, you see the rise, not the fall, of jihadis of every type.  In Syria and parts of Iraq, groups that have associated themselves with al-Qaeda now have a controlling military presence in territories the size of, as Cockburn points out, Great Britain.  He calls al-Qaeda’s recent rise as the jihadi brand name of choice and the failure of the U.S. campaign against it “perhaps the most extraordinary development of the 21st century.”  And that, unlike the claims we've been hearing at the top of the news for weeks now, might not be an exaggeration.
  • Looked at another way, despite what had just happened to the Pentagon and those towers in New York, on September 12, 2001, the globe’s “sole superpower” had remarkably few enemies.  Small numbers of jihadis scattered mostly in the backlands of the planet and centered in an impoverished, decimated country -- Afghanistan -- with the most retro regime on Earth.  There were, in addition, three rickety “rogue states” (North Korea, Iraq, and Iran) singled out for enemy status but incapable of harming the U.S., and that was that. The world, as Dick Cheney & Co. took for granted, looked ready to be dominated by the only (angry) hyperpower left after centuries of imperial rivalry.  The U.S. military, its technological capability unrivaled by any state or possible grouping of states, was to be let loose to bring the Greater Middle East to heel in a decisive way.  Between that regular military and para-militarizing intelligence agencies, the planet was to be scoured of enemies, the “swamp drained” in up to 60 countries.  The result would be a Pax Americana in the Middle East, and perhaps even globally, into the distant future.  It was to be legendary.  And no method -- not torture, abuse, kidnapping, the creation of “black sites,” detention without charges, assassination, the creation of secret law, or surveillance on a previously unimaginable scale -- was to be left out of the toolkit used to birth this new all-American planet.  The “gloves” were to be taken off in a big way.
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  • Thirteen years later, those plans, those dreams are down the drain.  The Greater Middle East is in chaos.  The U.S. seems incapable of intervening in a meaningful way just about anywhere on Earth despite the fact that its military remains unchallenged on a global level.  It’s little short of mind-blowing.  And it couldn’t have been more unexpected for those in power in Washington and perhaps for Americans generally.  This is perhaps why, despite changing American attitudes on interventions and future involvement abroad, it’s been so hard to take in, so little focused upon here -- even in the bogus, politicized discussions of American “strength” and “weakness” which circle around the latest Russian events, as they had previously around the crises in Iran and Syria. Somehow, with what in any age would have seemed like a classic winning hand, Washington never put a card on that “table” (on which all “options” were always being kept open) that wasn’t trumped.  Events in Ukraine and the Crimea seem to be part of this. The Chinese had an evocative phrase for times of dynastic collapse: “chaos under heaven.”  Moments when it seems as if the planet itself is shifting on its axis don’t come often, but they may indeed feel like chaos under heaven -- an increasingly apt phrase for a world in which no country seems to exert much control, tensions are rising in hard to identify ways, and the very climate, the very habitability of the planet is increasingly at risk.
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    Incrediby perceptive essay by Tom Engelhardt on the state of the national security state.
Paul Merrell

Judicial Watch Played Into The Government's Hands -- Americans Are Blinded By Agendas -... - 0 views

  • Disinformation succeeds because so many people and interest groups across the political spectrum find that it serves their agendas as well as the agenda of the government. Consider for example the explanation of 9/11 that blamed Muslim terrorists for the attack. This served the interests of the neoconservatives, the private armaments companies, the US military, the private security companies, government security agencies such as the CIA, the left-wing, the right-wing, the Israel Lobby, and the print and TV media. The official explanation gave the neoconservatives the “new Pearl Harbor” that they needed for their program of invasions of Middle Eastern countries. The private armaments companies could look forward to decades of high profits. Wars always bring the military rapid promotions and higher retirement benefits. Private manufacturers of security equipment and spyware enjoy a rising demand for their products and have grown fat from the products sold to the TSA and NSA. Homeland Security has vastly expanded the federal workforce and administrative positions. The left-wing has proof of “blowback” caused by US interference in the internal affairs of other countries. The right-wing has proof that America has enemies against whom defense at all costs is necessary. The Israel Lobby has the US to overthrow the regimes in the way of Israel’s territorial expansion. The media has the story of the century with which to boost ratings and curry the favor of government.
  • In other words, the government’s story cannot stand the light cast by the facts and independent experts, and the government’s false story must be protected by shutting down the truth-telling experts. The government, Sunstein argued, needs to either gain control over these experts or to shut them down. Just as many different collections of interest groups and people have stakes in the Obama regime’s story of the killing of Osama bin Laden by US Navy SEALS in Abbottabad, Pakistan. This story and its selling by an enthusiastic media guaranteed Obama’s reelection. It served the emotions of super patriots desperate for revenge who wear their gullibility on their sleeves. It served the myth of CIA and NSA prowess. It served the reputation of the killing power of US Special Forces teams. It proved that America won even though it lost the wars in Iraq and Afghanistan. All the trillions of dollars spent were worth it. We got revenge on the guy who did 9/11. No one remembered that the US government, unable to find bin Laden for 10 years, had settled on a different “9/11 mastermind,” Khalid Sheikh Mohammed, and had him water-boarded 183 times until he confessed to being responsible for 9/11. If Khalid Sheikh Mohammed “was responsible for the 9/11 operation from A to Z,” why were SEALS sent, illegally, into Pakistan to murder bin Laden? As the FBI says, there is no evidence that bin Laden is responsible for 9/11. That is why bin Laden was not wanted on that charge by the FBI, as the FBI publicly stated.
  • Judicial Watch has been trying to pry the (nonexistent) photos of a dead bin Laden from the government’s hands. For “national security reasons” the US government does not want anyone to see evidence that supports its far-fetched tale of bin Laden’s murder. The photographic evidence of a successful raid are off limits. They are like the alleged videos of the airliner hitting the Pentagon that we are not permitted to see for “national security reasons.” In other words, the photos and videos do not exist and never did. No government, not even the American one, would be so totally stupid as to withhold the evidence for its claims. The government, seeing its unbelievable stories lose believability at home and abroad used Judicial Watch’s lawsuit to boost the credibility of its story. Judicial Watch filed a Freedom of Information Act lawsuit for the photos that the Obama regime alleged to have of the murdered bin Laden but refused to release. Obviously, the government has no such photos and never had any such photos. But the government does not need evidence when it can rely on the gullibility of the American people.
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  • How was bin Laden, who was known in 2001 to be suffering from terminal illnesses, including renal failure, and whose death was widely reported in 2001 still alive ten years later to be murdered by SEALs? What sense does it make that the greatest terrorist leader of our time only had two unarmed women to protect him. What sense does it make that the US would murder the terrorist mastermind with all the plots in his head instead of capturing and questioning him? How can anyone be so gullible as to believe such a nonsense tale as told to them by Obama and the presstitute media? Is America really a nation of utter fools? Like the 9/11 story, the story of bin Laden’s murder is losing credibility with the US population. Pakistani National TV shot Obama’s story down with an eyewitness interview that reported that not one single person, dead body, or any piece of evidence left Abbottadad, because the only helicopter that landed blew up when it attempted to leave and there were no survivors. No other helicopters landed. So there was no dead bin Laden to be buried at sea (there are no known witnesses to the alleged burial) and no photographs of a dead bin Laden.
  • As the government had no photos to release, the US government decided to use the opportunity presented by Judicial Watch to bolster its story that photos of bin Laden murdered and dead were once in its possession. The government released to Judicial Watch a document under the Freedom of Information Act that is an order from Special Operations Commander Admiral William McRaven to “destroy immediately” the photos of the dead bin Laden. Judicial Watch took the bait. Instead of realizing that there was no reason whatsoever for the government to destroy the only evidence that might support its claim to have murdered bin Laden, Judicial Watch focused on the illegality of destroying the evidence. Judicial Watch says that “Federal law contains broad prohibitions against the ‘concealment, removal, or mutilation generally’ of government records.” http://www.globalresearch.ca/top-pentagon-leader-ordered-destruction-of-bin-laden-death-photos/5368389 Judicial Watch played into the government’s hands. Judicial Watch president Tom Fitton was maneuvered by the government into defining the scandal as the destruction of evidence, “revealing both contempt for the rule of law and the American people’s right to know.” To the contrary, the real scandal is the massive lie that bin Laden was killed by a SEAL raid and the acceptance of this lie by the American people and Judicial Watch.
  • By damning the government for destroying evidence, Judicial Watch has given credibility to the government’s claim that SEALs murdered Osama bin Laden. The SEAL team credited with bin Laden’s murder was quickly eliminated when the team was loaded onto a 1960s vintage helicopter in Afghanistan. Apparently the team members were asking one another, “Were you on that mission that killed bin Laden?” Of course, no one was, and this information was too dangerous for the Obama regime.
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    Paul Craig Roberts goes on record as a 9-11 Truther and as a deep sceptic of Obama's claim that Seal Team 6 killed Osama bin Laden in 2011. 
Paul Merrell

Tomgram: Engelhardt, A Record of Unparalleled Failure | TomDispatch - 0 views

  • The United States has been at war -- major boots-on-the-ground conflicts and minor interventions, firefights, air strikes, drone assassination campaigns, occupations, special ops raids, proxy conflicts, and covert actions -- nearly nonstop since the Vietnam War began.  That’s more than half a century of experience with war, American-style, and yet few in our world bother to draw the obvious conclusions. Given the historical record, those conclusions should be staring us in the face.  They are, however, the words that can’t be said in a country committed to a military-first approach to the world, a continual build-up of its forces, an emphasis on pioneering work in the development and deployment of the latest destructive technology, and a repetitious cycling through styles of war from full-scale invasions and occupations to counterinsurgency, proxy wars, and back again. So here are five straightforward lessons -- none acceptable in what passes for discussion and debate in this country -- that could be drawn from that last half century of every kind of American warfare:
  • 1. No matter how you define American-style war or its goals, it doesn’t work. Ever. 2. No matter how you pose the problems of our world, it doesn’t solve them. Never. 3. No matter how often you cite the use of military force to “stabilize” or “protect” or “liberate” countries or regions, it is a destabilizing force. 4. No matter how regularly you praise the American way of war and its “warriors,” the U.S. military is incapable of winning its wars. 5. No matter how often American presidents claim that the U.S. military is “the finest fighting force in history,” the evidence is in: it isn’t.
  • And here’s a bonus lesson: if as a polity we were to take these five no-brainers to heart and stop fighting endless wars, which drain us of national treasure, we would also have a long-term solution to the Veterans Administration health-care crisis.  It’s not the sort of thing said in our world, but the VA is in a crisis of financing and caregiving that, in the present context, cannot be solved, no matter whom you hire or fire.  The only long-term solution would be to stop fighting losing wars that the American people will pay for decades into the future, as the cost in broken bodies and broken lives is translated into medical care and dumped on the VA.
Paul Merrell

In U.S., Four in 10 Say Party Control of Congress Matters - 0 views

  • Two months ahead of the midterm elections that may very well change the balance of power in Congress, four in 10 Americans say the specific party that controls Congress matters a great deal to them, while 29% say it matters a moderate amount and another 30% say it generally doesn't matter to them.
  • The 40% of national adults now highly concerned about control of Capitol Hill equals what Gallup found a month before the 2002 midterms, but is lower than the 49% seen in late October 2010. While the views of Democrats (including independents who lean Democratic) on this question have been steady across the three midterms -- roughly 45% each year have said the party in control mattered a great deal to them -- Republicans' concern has varied. Currently, 43% of Republicans (including Republican leaners) say party control matters a great deal. It was a whopping 61% in 2010, but that was up from 42% in 2002.
  • The 2002 and 2010 elections were favorable to Republicans, as the GOP retained majority control of the U.S. House of Representatives and regained control of the Senate in 2002, and recaptured control of the House in 2010 with an enormous seat gain. Thus, while rank-and-file Republicans' concern about party control is not nearly as high today as it was in 2010, when Democrats controlled both houses, it is comparable to 2002 -- which could suggest that conditions are still favorable for the GOP. Missing from this midterm trend, however, is 2006, which was a strong Democratic year. Therefore, it is not entirely clear how levels of concern on this question relate to each party's performance.
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  • The same poll asked respondents to identify the party currently holding a majority of seats in the U.S. Senate as well as in the U.S. House of Representatives. About half of Americans can correctly identify the majority party for each: 49% say the Democrats control the Senate, and 51% say the Republicans control the House. Somewhat fewer -- 36% -- can correctly identify the majority in both chambers, although this knowledge is somewhat higher, at 41%, among registered voters. Another 14% of Americans are aware that party control of Congress is divided, but match each party to the wrong chamber, believing Republicans control the Senate and Democrats control the House.
  • A relatively large subset of Americans, 28%, can correctly identify the majority party for only one chamber (while being wrong or unsure about the other), while 22% are either unsure about both, or name the wrong party for one chamber and are unsure about the other.
  • Americans who are knowledgeable about who controls each house of Congress are significantly more likely than others to say party control of Congress matters greatly to them: 55% of the well-informed group say this, versus about a third or less of those who can't properly identify party control. This highlights the divide in midterm politics between the politically concerned and informed subset of Americans -- a proportion similar to the typical midterm turnout rate, near 40% -- and the rest of the population that is less engaged politically.
  • For results based on the total sample of national adults, the margin of sampling error is ±4 percentage points at the 95% confidence level.
Paul Merrell

Ukraine and the Rise of Euro-Fascism | Global Research - 0 views

  • The disaster in Ukraine may be termed aggression against Russia by the U.S. and its NATO allies. This is a contemporary version of Euro-fascism, which differs from the previous face of fascism during World War II in that it employs “soft” power with just some elements of armed action in cases of extreme necessity, as well as the use of Nazi ideology as a supplementary rather than an absolute ideology. One of the main defining elements of Eurofascism has been preserved, however, and that is the division of citizens into superior ones (those who support the “European choice”) and inferior ones, who have no right to their own opinions and toward whom all is permitted. Another feature is the readiness to use violence and commit crimes in dealing with political opponents. The final aspect that needs to be understood, is what drives the rebirth of fascism in Europe; without grasping this, it is impossible to develop a resistance plan and save the Russian world from this latest threat of Euro-occupation.
  • The theory of long-term economic development recognizes an interrelationship between long waves of economic activity and long waves of military and political tension. Periodic shifts from one dominant technological mode to the next alternate with economic depressions, wherein increased government spending is used as an incentive for overcoming the crisis. The spending is concentrated in the military-industrial complex, because the liberal economic ideology allows enhancement of the role of the state only for national security objectives. Therefore, military and political tension is promoted and international conflicts provoked, to justify increased defense spending. This is what is happening at present: the U.S. is attempting to resolve its accumulated economic, financial, and industrial imbalances at other countries’ expense, by escalating international conflicts that will allow it to write off debts, appropriate assets belonging to others, and weaken its geopolitical rivals. When this was done during the Great Depression of the 1930s, the result was World War II. The American aggression against Ukraine pursues all of the above-mentioned goals. First, economic sanctions against Russia are intended to wipe out billions of dollars of U.S. debt to Russia. A second objective is to take over Ukrainian state assets, including the natural gas transport system, mineral deposits, the country’s gold reserves, and valuable art and cultural objects. Third, to capture Ukrainian markets of importance to American companies, such as nuclear fuel, aircraft, energy sources, and others. Fourth, to weaken not only Russia, but also the European Union, whose economy will sustain an estimated trillion-dollar loss from economic sanctions against Russia. Fifth, to attract capital flight from instability in Europe, to the USA.
  • Thus, war in Ukraine is just business for the United States. Judging by reports in the media, the U.S. has already recouped its spending on the Orange Revolution and the Maidan by carrying off treasures from the ransacked National Museum of Russian Art and National Historical Museum, taking over potential gas fields, and forcing the Ukrainian government to switch from Russian to American nuclear fuel supplies for its power plants. In addition, the Americans have moved ahead on their long-term objective of splitting Ukraine from Russia, turning what used to be “Little Russia” into a state hostile to Russia, in order to prevent it from joining the Eurasian integration process. This analysis leaves no room for doubt about the long-term and consistent nature of the American aggression against Russia in Ukraine. Washington is directing its Kiev puppets to escalate the conflict, rather than the reverse. They are also inciting the Ukrainian military against Russia, aiming to drag Russian ground forces into a war against Ukraine. They are encouraging the Nazis there to initiate new combat operations. This is a real war, organized by the United States and its NATO allies. Just like 75 years ago, it is being waged by Eurofascists against Russia, with the use of Ukrainian Nazis cultivated for this purpose.
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  • What is surprising is the position of the European countries, which are tailing the U.S. and doing nothing to prevent a further escalation of the crisis. They should understand better than anybody, that Nazis can only be stopped with force. The sooner this is done, the fewer victims and less destruction there will be in Europe. The avalanche of wars across North Africa, the Middle East, the Balkans, and now Ukraine, incited by the U.S. in its own interests, threatens Europe most of all; and it was the devastation of Europe in two world wars that gave rise to the American economic miracle in the 20th century. But the Old World will not survive a Third World War. To prevent such a war means that there must be international acknowledgement that the actions of the U.S. constitute aggression, and that the EU and U.S. officials carrying them out are war criminals. It is important to accord this aggression the legal definition of “Eurofascism” and to condemn the actions of the European politicians and officials who are party to the revival of Nazism under cover of the Eastern Partnership.
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    Interesting take on U.S. instigation of the coup in Ukraine via neo-Nazi organizations, written by a top economic advisor to Vladimir Putin. 
Paul Merrell

Islamic bogeyman in Syria strikes fear in Washington - RT USA - 0 views

  • High-ranking US officials, while offering little in way of evidence to support their claims, are sounding the alarm on the possibility of foreigners in Syria initiating an attack on the US, sparking fears over airport security. The message out of Washington at the weekend was at best incoherent, at worst downright dangerous. In the same week that US President Barack Obama asked Congress to fork over $500 million to support the Syrian opposition in its three-year battle to oust Syrian President Bashar Assad, the American leader also warned on the possibility of European passport holders in Syria slipping into America to wreak unholy havoc.
  • “We have seen Europeans who are sympathetic to their cause traveling into Syria and now may travel into Iraq, getting battle-hardened,” Obama told ABC’s George Stephanopoulos on Sunday. “Then they come back. They've got European passports. They don't need a visa to get into the United States.” “Now, we are spending a lot of time, and we have been for years, making sure we are improving intelligence to respond to that,” he added. Obama said the US must enhance reconnaissance and intelligence gathering, and US Special Forces will likely play a role, as well as beefing up security clearance at airports, already the source of agitation with many American travelers.
  • Why Syrian rebels would attempt an attack on US interests at the same time Washington is supporting their anti-government efforts was not touched upon in the interview. In fact, much of Obama’s anxiety over some imminent attack on the US homeland appears to stem less from solid evidence out of Syria and more from Republican doom-mongering.
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  • The warnings were nothing short of hysterical, going so far as to suggest the Republicans were fishing for supporters in a sea of gloom and doom of their own creation. “Right now, sources tell us, at this moment in Syria, Al-Qaeda bomb makers are trying to design a new generation of explosives, including nonmetallic bombs. And the US government is wrestling with how to respond,” Pierre Thomas, ABC senior justice correspondent, warned out of the gates. What followed was a chorus of right-wing handwringing, led by the Republican Peter King, the former Chairman of Homeland Security, who pointed to ‘Americans in Syria’ as the nation’s gravest threat. “Syria is our biggest threat right now because not only are there thousands of Europeans who have visas sent to the United States going to Syria, there’s also at least 100 or so – 100-plus Americans who are over there in Syria right now,” King told ABC. “I can’t go into all the details, but that is very important…because a number of [overseas] airports don’t have the type of security they should have.”
  • Republican Mike Rogers from Michigan chimed in that “this is exactly the kind of threat that keeps me up at night.” “I've been on the Intelligence Committee for 10 years, chairman for the last four years. I have never seen a threat matrix so serious, so varied, and so many different streams of threat,” Rogers added. Meanwhile, amid the sudden wave of angst now gripping Washington, the Obama administration is attempting to grapple with the sudden rise of a militant group that fashions itself as the Islamic State in Iraq and Levant (ISIS), a Sunni-led movement with the stated goal of creating a caliphate, or Islamic state, throughout Iraq, Syria and the Levant.
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    It ain't just Republicans. Note the central role played by Democrat Barack Obama. It's the War Party, which crosses visible party boundaries in the U.S. And of course Obama wants to beef up intelligence-gathering, And tighter security at airports, of course, so that the American public realizes that the threat of  terrorists™ trumps rights secured by the Constitution. 
Gary Edwards

The Qatari Deal To Hold The Taliban - The Qataris Have Been Used Before By President Ob... - 1 views

  • Three months, a naval fleet, 3,000 marines, one Billion dollars, and 450 cruise missiles later, it’s May 2011 and Obama had yet to ask for permission to engage in his offensive war from anyone but himself and the previously noted ‘club of the traveling pantsuits’. Despite the Office of Legal Council (the golfers own legal team) telling him approval is needed, he chose to violate the War Powers Act and more importantly the Constitution. It is critical to remember the political battle being waged at the time over whether President Obama had the authority to take “offensive military action”, without congressional approval,  when the threat was not against the United States. It’s critical because from that initial impetus you find the reason why arming the Libyan rebels had to be done by another method – because President Obama never consulted congress, nor sought permission.
  • Normally, in order to send arms to the rebels lawfully, President Obama would have to request approval from Congress. He did not want to do that.   Partly because he was arrogant, and partly because he did not want the politically charged fight that such a request would engage.  It would hamper his ability to take unilateral action in Libya.
  • So an alternate method of arming the rebels needed to be structured.    Enter the State Department, Hillary Clinton, and CIA David Petraeus. Weapons, specifically MANPADS or shoulder fired missiles, would be funneled to the Benghazi rebels by the State Dept, through the CIA under the auspices of ongoing NATO operations.   May, June, July, August, Sept, 2011 this covert process was taking place. It was this covert missile delivery process which later became an issue after Gaddafi was killed.    It was during the recovery of these missiles , and the redeployment/transfer to the now uprising “Syrian Rebels” when Ambassador Chris Stevens was killed on Sept. 11th 2012.
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  • [O]n July 25, 2012, Taliban fighters in Kunar province successfully targeted a US Army CH-47 helicopter with a new generation Stinger missile. They thought they had a surefire kill. But instead of bursting into flames, the Chinook just disappeared into the darkness as the American pilot recovered control of the aircraft and brought it to the ground in a hard landing. The assault team jumped out the open doors and ran clear in case it exploded. Less than 30 seconds later, the Taliban gunner and his comrade erupted into flames as an American gunship overhead locked onto their position and opened fire. The next day, an explosive ordnance disposal team arrived to pick through the wreckage and found unexploded pieces of a missile casing that could only belong to a Stinger missile. Lodged in the right nacelle, they found one fragment that contained an entire serial number. The investigation took time. Arms were twisted, noses put out of joint. But when the results came back, they were stunning: The Stinger tracked back to a lot that had been signed out by the CIA recently, not during the anti-Soviet ­jihad. Reports of the Stinger reached the highest echelons of the US command in Afghanistan and became a source of intense speculation, but no action. Everyone knew the war was winding down. Revealing that the Taliban had US-made Stingers risked demoralizing coalition troops. Because there were no coalition casualties, government officials made no public announcement of the attack. My sources in the US Special Operations community believe the Stinger fired against the Chinook was part of the same lot the CIA turned over to the ­Qataris in early 2011, weapons Hillary Rodham Clinton’s State Department intended for anti-Khadafy forces in Libya. They believe the Qataris delivered between 50 and 60 of those same Stingers to the Taliban in early 2012, and an additional 200 SA-24 Igla-S surface-to-air missiles.  (link)
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    The pieces of the puzzle are slowly coming together, and it isn't pretty. This article connects Qatar, Afghanistan and hero of Benghazi, to the fabulous five terrorist dream team Obama let out of the gitmo prison. Incredible story. excerpt: "How Our Stinger Missiles Wound Up In Afghanistan Being Used Against Our Own Troops: On February 15th 2011 a civil war erupted inside Libya.   Egyptian Islamists previously  freed from jail by the Muslim Brotherhood flooded into Eastern Libya and joined with their ideological counterparts.  al-Qaeda operatives hell bent on using the cover of the Arab Spring to finally rid themselves of their nemesis, Muammar Gaddafi. President Obama chose to ignore an outbreak of violence in Libya for 19 days.  Perhaps Obama was tentative from the criticism he and Hillary received over the mixed messaging in Egypt.  Regardless, eventually Obama was begged to engage himself by leaders from France, The United Kingdom, and Italy. The White House advisors (Emanuel, McDonough, Donolin, Jarrett, Axelrod, Plouffe) were more cautious this time.  Initially Obama ignored the EU requests and later chose to dispatch the Secretary of State, Hillary Clinton, to Europe to address their concerns. "Look, enough with the jokes shorty; you got us into this mess, now the turban heads are laughing at us"… "ah, bot of course, zeah av bullets, no? Vee ave to shoot" For the following 11 days American citizens, including State Dept. embassy officials, were trying to evacuate the country as vast swathes of the country erupted in bloodshed and violence, they became trapped in Tripoli.   A bloody national revolution was underway. The United Nations Security Council held urgent immediate emergency meetings to try to determine what to do.    However, the United States Ambassador to those meetings, Susan Rice, was not present.    She was attending a global warming summit in Africa. Without the U.S. present the United  Natio
Paul Merrell

Secret is out: Americans murdered Liaquat Ali Khan! | Pakistan Today - 0 views

  • Americans murdered the first elected prime minister of Pakistan through the Afghan government, declassified documents of US State Department disclosed. Like a number of other high-profile killings, the assassination of Liaquat Ali Khan, has also remained a mystery. Conspiracy theories abound, yet are difficult to substantiate. It was revealed in the documents declassified a few years ago that two people killed the murderer of Liaquat Ali Khan at the spot while crowd also massacred the two persons in order to leave no sign of the conspiracy. According to the documents, the United States wanted to get contracts of oil resources in Iran. Pakistan and Iran enjoyed cordial ties and Afghanistan used to be an enemy of Pakistan during 1950-51. The neighbouring Afghanistan was the only country that did not accept Pakistan at that time. The US demanded Pakistan use its influence in Tehran and persuade it to transfer control of its oil fields to the US. Liaquat Ali Khan declined to accede to the request, saying he would not use his friendship for dishonest purposes and not interfere in personal affairs of Iran.
  • On which, then US President Harry Truman had threatened to Liaquat Ali Khan. Not only that, Liaquat Ali Khan also demanded that the US vacate air bases in Pakistan, dropping a bombshell on Americans. Following the development, American started search of murderer for assassinating Khan. They did not find a suitable person in Pakistan and then turned to Afghanistan for this purpose, according to the documents. Washington contacted the US Embassy in Kabul, offering Zahir Shah to search an assassin for Khan and in return they will ensure Pashtoonistan’s freedom. Afghan government had found a man, Syed Akbar, to take the job and also made arrangements for him to be killed immediately after, so as to conceal the conspiracy. All three stayed at a local hotel in Rawalpindi one day before the meeting of party in Company Bagh. Akbar fired at Khan when he started his speech at dais and he fell on the stage, saying “Allah help Pakistan”. The cartridges recovered from Khan’s body were US made. The type of bullets used to kill the Pakistani prime minister was in use by high-ranking American officers and were not usually available in the market.
  • Some people claimed that Governor General Ghulam Muhammad was behind Khan’s murder while some blamed Mushtaq Ahmed Gormani. Different committees and commission were constituted but failed to conclude any results. After a span of over 60 years, the US State Department have disclosed all the secrets and a video of Dr Shabir about disclosures also appeared in which he gave reaction over the declassified documents. When Online contacted Muazzam Ali Khan, the grandson of Liaquat Ali Khan, he said they are aware about the report and it is true. He also said they also have supporting documents in this regard.
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

Fisa court oversight: a look inside a secret and empty process | Glenn Greenwald | Comm... - 0 views

  • Since we began began publishing stories about the NSA's massive domestic spying apparatus, various NSA defenders – beginning with President Obama - have sought to assure the public that this is all done under robust judicial oversight. "When it comes to telephone calls, nobody is listening to your telephone calls," he proclaimed on June 7 when responding to our story about the bulk collection of telephone records, adding that the program is "fully overseen" by "the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them". Obama told Charlie Rose last night:"What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls … by law and by rule, and unless they … go to a court, and obtain a warrant, and seek probable cause, the same way it's always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause."The GOP chairman of the House Intelligence Committee, Mike Rogers, told CNN that the NSA "is not listening to Americans' phone calls. If it did, it is illegal. It is breaking the law." Talking points issued by the House GOP in defense of the NSA claimed that surveillance law only "allows the Government to acquire foreign intelligence information concerning non-U.S.-persons (foreign, non-Americans) located outside the United States."
  • The decisions about who has their emails and telephone calls intercepted by the NSA is made by the NSA itself, not by the Fisa court, except where the NSA itself concludes the person is a US citizen and/or the communication is exclusively domestic. But even in such cases, the NSA often ends up intercepting those communications of Americans without individualized warrants, and all of this is left to the discretion of the NSA analysts with no real judicial oversight.
  • The NSA's media defenders have similarly stressed that the NSA's eavesdropping and internet snooping requires warrants when it involves Americans. The Washington Post's Charles Lane told his readers: "the government needs a court-issued warrant, based on probable cause, to listen in on phone calls." The Post's David Ignatius told Post readers that NSA internet surveillance "is overseen by judges who sit on the Foreign Intelligence Surveillance Court" and is "lawful and controlled". Tom Friedman told New York Times readers that before NSA analysts can invade the content of calls and emails, they "have to go to a judge to get a warrant to actually look at the content under guidelines set by Congress."This has become the most common theme for those defending NSA surveillance. But these claim are highly misleading, and in some cases outright false.
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  • What is vital to recognize is that the NSA is collecting and storing staggering sums of communications every day. Back in 2010, the Washington Post reported that "every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications." Documents published by the Guardian last week detail that, in March 2013, the NSA collected three billions of pieces of intelligence just from US communications networks alone.In sum, the NSA is vacuuming up enormous amounts of communications involving ordinary Americans and people around the world who are guilty of nothing. There are some legal constraints governing their power to examine the content of those communications, but there are no technical limits on the ability either of the agency or its analysts to do so. The fact that there is so little external oversight is what makes this sweeping, suspicion-less surveillance system so dangerous. It's also what makes the assurances from government officials and their media allies so dubious.
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    Glenn Greenwald strikes again with hard proof from NSA documents, dissecting procedures used throughout the intelligence establishment from the NSA to the President to Congress, casting severe doubt on what we have been told by those defending the NSA surveillance program. I have highlighted only a few points from this lengthy article. As to Greenwald's discussion of the FISA Court's weaknesses, he omitted one that I believe is incredibly, the lack of an adversarial system with a lawyer opposing what the government asks the Court to authorize. True, search warrants are normally issued in the U.S. with only the government represented in the process. But there is a crucial difference: once someone is charged with a crime, the warrant must be disclosed to the defendant who can ask the court to suppress all evidence unlawfully obtained not only through the warrant but also the fruits of any unlawfully obtained evidence, meaning subsequently discovered evidence that would not have been found absent the unlawfully obtained evidence. The same result can happen if the warrant is found to be invalid for any of a variety of reasons, or the officers exceeded the scope of the search authorized.  So in the normal search warrant process, the participation of an adversary attorney is only delayed; it is not virtually eliminated as it is in the FISA Court. Thus far, only those ordered to disclose records to the NSA have been granted standing to oppose disclosure, not those who have been surveilled. The entire U.S. judicial system is built around the principle of an adversarial process. Judges are expected to be neutral arbiters between two or more sides to a dispute. We do not have an inquisitorial system, as is used for example in some European nations, where the judge is also the investigator. The FISA court is presently composed of 11 federal district court judges who also preside over normal cases in their individual districts. Steeped in the adversarial system and th
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