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Paul Merrell

For sale: Systems that can secretly track where cellphone users go around the globe - T... - 0 views

www.washingtonpost.com/...3-bf76-447a5df6411f_story.html

surveillance-state Verint cellphone-tracking SS7 IMSI surveillance-proliferation

shared by Paul Merrell on 26 Aug 14 - No Cached
  • Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.
  • The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.
  • It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”
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  • Yet marketing documents obtained by The Washington Post show that companies are offering powerful systems that are designed to evade detection while plotting movements of surveillance targets on computerized maps. The documents claim system success rates of more than 70 percent. A 24-page marketing brochure for SkyLock, a cellular tracking system sold by Verint, a maker of analytics systems based in Melville, N.Y., carries the subtitle “Locate. Track. Manipulate.” The document, dated January 2013 and labeled “Commercially Confidential,” says the system offers government agencies “a cost-effective, new approach to obtaining global location information concerning known targets.”
  • tracking systems that access carrier location databases are unusual in their ability to allow virtually any government to track people across borders, with any type of cellular phone, across a wide range of carriers — without the carriers even knowing. These systems also can be used in tandem with other technologies that, when the general location of a person is already known, can intercept calls and Internet traffic, activate microphones, and access contact lists, photos and other documents. Companies that make and sell surveillance technology seek to limit public information about their systems’ capabilities and client lists, typically marketing their technology directly to law enforcement and intelligence services through international conferences that are closed to journalists and other members of the public.
  • Security experts say hackers, sophisticated criminal gangs and nations under sanctions also could use this tracking technology, which operates in a legal gray area. It is illegal in many countries to track people without their consent or a court order, but there is no clear international legal standard for secretly tracking people in other countries, nor is there a global entity with the authority to police potential abuses.
  • (Privacy International has collected several marketing brochures on cellular surveillance systems, including one that refers briefly to SkyLock, and posted them on its Web site. The 24-page SkyLock brochure and other material was independently provided to The Post by people concerned that such systems are being abused.)
  • Verint, which also has substantial operations in Israel, declined to comment for this story. It says in the marketing brochure that it does not use SkyLock against U.S. or Israeli phones, which could violate national laws. But several similar systems, marketed in recent years by companies based in Switzerland, Ukraine and elsewhere, likely are free of such limitations.
  • The tracking technology takes advantage of the lax security of SS7, a global network that cellular carriers use to communicate with one another when directing calls, texts and Internet data. The system was built decades ago, when only a few large carriers controlled the bulk of global phone traffic. Now thousands of companies use SS7 to provide services to billions of phones and other mobile devices, security experts say. All of these companies have access to the network and can send queries to other companies on the SS7 system, making the entire network more vulnerable to exploitation. Any one of these companies could share its access with others, including makers of surveillance systems.
  • Companies that market SS7 tracking systems recommend using them in tandem with “IMSI catchers,” increasingly common surveillance devices that use cellular signals collected directly from the air to intercept calls and Internet traffic, send fake texts, install spyware on a phone, and determine precise locations. IMSI catchers — also known by one popular trade name, StingRay — can home in on somebody a mile or two away but are useless if a target’s general location is not known. SS7 tracking systems solve that problem by locating the general area of a target so that IMSI catchers can be deployed effectively. (The term “IMSI” refers to a unique identifying code on a cellular phone.)
  • Verint can install SkyLock on the networks of cellular carriers if they are cooperative — something that telecommunications experts say is common in countries where carriers have close relationships with their national governments. Verint also has its own “worldwide SS7 hubs” that “are spread in various locations around the world,” says the brochure. It does not list prices for the services, though it says that Verint charges more for the ability to track targets in many far-flung countries, as opposed to only a few nearby ones. Among the most appealing features of the system, the brochure says, is its ability to sidestep the cellular operators that sometimes protect their users’ personal information by refusing government requests or insisting on formal court orders before releasing information.
  • Another company, Defentek, markets a similar system called Infiltrator Global Real-Time Tracking System on its Web site, claiming to “locate and track any phone number in the world.” The site adds: “It is a strategic solution that infiltrates and is undetected and unknown by the network, carrier, or the target.”
  • Paul Merrell on 26 Aug 14
     
    The Verint company has very close ties to the Iraeli government. Its former parent company Comverse, was heavily subsidized by Israel and the bulk of its manufacturing and code development was done in Israel. See https://en.wikipedia.org/wiki/Comverse_Technology "In December 2001, a Fox News report raised the concern that wiretapping equipment provided by Comverse Infosys to the U.S. government for electronic eavesdropping may have been vulnerable, as these systems allegedly had a back door through which the wiretaps could be intercepted by unauthorized parties.[55] Fox News reporter Carl Cameron said there was no reason to believe the Israeli government was implicated, but that "a classified top-secret investigation is underway".[55] A March 2002 story by Le Monde recapped the Fox report and concluded: "Comverse is suspected of having introduced into its systems of the 'catch gates' in order to 'intercept, record and store' these wire-taps. This hardware would render the 'listener' himself 'listened to'."[56] Fox News did not pursue the allegations, and in the years since, there have been no legal or commercial actions of any type taken against Comverse by the FBI or any other branch of the US Government related to data access and security issues. While no real evidence has been presented against Comverse or Verint, the allegations have become a favorite topic of conspiracy theorists.[57] By 2005, the company had $959 million in sales and employed over 5,000 people, of whom about half were located in Israel.[16]" Verint is also the company that got the Dept. of Homeland Security contract to provide and install an electronic and video surveillance system across the entire U.S. border with Mexico.  One need not be much of a conspiracy theorist to have concerns about Verint's likely interactions and data sharing with the NSA and its Israeli equivalent, Unit 8200. 
Paul Merrell

AP Exclusive: Expert calls for Diablo Canyon shutdown | www.ktvu.com - 0 views

www.ktvu.com/...ng8Tj

Nukes NRC-coverup Diablo-Canyon

shared by Paul Merrell on 26 Aug 14 - No Cached
  • A senior federal nuclear expert is urging regulators to shut down California's last operating nuclear plant until they can determine whether the facility's twin reactors can withstand powerful shaking from any one of several nearby earthquake faults.Michael Peck, who for five years was Diablo Canyon's lead on-site inspector, says in a 42-page, confidential report that the Nuclear Regulatory Commission is not applying the safety rules it set out for the plant's operation.The document, which was obtained and verified by The Associated Press, does not say the plant itself is unsafe. Instead, according to Peck's analysis, no one knows whether the facility's key equipment can withstand strong shaking from those faults — the potential for which was realized decades after the facility was built.
  • Continuing to run the reactors, Peck writes, "challenges the presumption of nuclear safety."Peck's July 2013 filing is part of an agency review in which employees can appeal a supervisor's or agency ruling — a process that normally takes 60 to 120 days, but can be extended. The NRC, however, has not yet ruled. Spokeswoman Lara Uselding said in emails that the agency would have no comment on the document.The NRC, which oversees the nation's commercial nuclear power industry, and Diablo Canyon owner Pacific Gas and Electric Co., say the nearly three-decade-old reactors, which produce enough electricity for more than 3 million people annually, are safe and that the facility complies with its operating license, including earthquake safety standards.
  • The disaster preparedness of the world's nuclear plants came into sharp focus in 2011, when the coastal Fukushima Dai-ichi plant in Japan suffered multiple meltdowns after an earthquake and tsunami destroyed its power and cooling systems. The magnitude-9 earthquake was far larger than had been believed possible. The NRC has since directed U.S. nuclear plants to reevaluate seismic risks, and those studies are due by March 2015.The important of such an analysis came into sharp focus on Sunday when a magnitude 6.0-earthquake struck in Northern California's wine country, injuring scores of residents, knocking out power to thousands and toppling wine bottles at vineyards.
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  • What's striking about Peck's analysis is that it comes from within the NRC itself, and gives a rare look at a dispute within the agency. At issue are whether the plant's mechanical guts could survive a big jolt, and what yardsticks should be used to measure the ability of the equipment to withstand the potentially strong vibrations that could result.The conflict between Peck and his superiors stems from the 2008 discovery of the Shoreline fault, which snakes offshore about 650 yards from the reactors. A larger crack, the Hosgri fault, had been discovered in the 1970s about 3 miles away, after the plant's construction permits had been issued and work was underway. Surveys have mapped a network of other faults north and south of the reactors.According to Peck's filing, PG&E research in 2011 determined that any of three nearby faults — the Shoreline, Los Osos and San Luis Bay — is capable of producing significantly more ground motion during an earthquake than was accounted for in the design of important plant equipment. In the case of San Luis Bay, it is as much as 75 percent more.Those findings involve estimates of what's called peak ground acceleration, a measurement of how hard the earth could shake in a given location. The analysis says PG&E failed to demonstrate that the equipment would remain operable if exposed to the stronger shaking, violating its operating license.
  • The agency should shut the facility down until it is proven that piping, reactor cooling and other systems can meet higher stress levels, or approve exemptions that would allow the plant to continue to operate, according to Peck's analysis.Peck disagreed with his supervisors' decision to let the plant continue to operate without assessing the findings. Unable to resolve his concerns, Peck in 2012 filed a formal objection, calling for PG&E to be cited for violating the safety standards, according to his filing. Within weeks, the NRC said the plant was being operated safely. In 2013 he filed another objection, triggering the current review.
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

www.wired.com/...foreigners-targeted-for-spying

surveillance-state NSA FBI stats 2013

shared by Paul Merrell on 29 Jun 14 - No Cached
  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Paul Merrell

Israel deliberately attacking medical workers in Gaza, Amnesty says | The Electronic In... - 0 views

electronicintifada.net/...ical-workers-gaza-amnesty-says

war & peace Israel Palestine Gaza war crimes medical-workers hospitals

shared by Paul Merrell on 11 Aug 14 - No Cached
  • After collecting and releasing harrowing testimonies by Palestinian medical workers, Amnesty International has accused the Israeli military of deliberately attacking medical workers and hospitals in Gaza. Since the military offensive in Gaza began a month ago, Israeli fire has killed at least six ambulance workers and 13 aid workers while they were attempting to rescue injured people or retrieve the dead, according to the Palestinian Ministry of Health.  In addition to those killed, 49 doctors, nurses and paramedics and 33 aid workers have been injured while carrying out their duties. Israel has directly struck major hospitals throughout the Gaza Strip, and forced five hospitals and 34 medical clinics to shut down due to either extensive damage to their facilities or increasing hostilities in the vicinity.
  • On 4 August, Amnesty International called on the US government to immediately stop its transfer of fuel to Israel to be used for the Israeli military. On 11 July, Amnesty had called on the United Nations to impose a comprehensive arms embargo on Israel and all Palestinians armed groups. In its recent appeal to halt the transfer of fuel for military purposes, Amnesty International reported that the most recent delivery of jet fuel took place on 14 July, soon after the bombardment of Gaza began, by the US Defense Logistics Agency Energy. Since January 2013, the US government has supplied the Israeli military with a total of 277,000 tons of jet fuel.
Paul Merrell

Newly declassified documents reveal how U.S. agreed to Israel's nuclear program - Diplo... - 0 views

www.haaretz.com/....premium-1.613221

war & peace U.S. Israel-nukes declassify Samson-option Johnson Meir

shared by Paul Merrell on 01 Sep 14 - No Cached
  • The Obama administration this week declassified papers, after 45 years of top-secret status, documenting contacts between Jerusalem and Washington over American agreement to the existence of an Israeli nuclear option. The Interagency Security Classification Appeals Panel (ISCAP), which is in charge of approving declassification, had for decades consistently refused to declassify these secrets of the Israeli nuclear program. The documents outline how the American administration worked ahead of the meeting between President Richard Nixon and Prime Minister Golda Meir at the White House in September 1969, as officials came to terms with a three-part Israeli refusal – to sign the Non-Proliferation Treaty; to agree to American inspection of the Dimona nuclear facility; and to condition delivery of fighter jets on Israel’s agreement to give up nuclear weaponry in exchange for strategic ground-to-ground Jericho missiles “capable of reaching the Arab capitals” although “not all the Arab capitals.”
  • The officials – cabinet secretaries and senior advisers who wrote the documents – withdrew step after step from an ambitious plan to block Israeli nuclearization, until they finally acceded, in internal correspondence – the content of the conversation between Nixon and Meir is still classified – to recognition of Israel as a threshold nuclear state. In fact, according to the American documents, the Nixon administration defined a double threshold for Israel’s move from a “technical option” to a “possessor” of nuclear weapons. The first threshold was the possession of “the components of nuclear weapons that will explode,” and making them a part of the Israel Defense Forces operational inventory.
  • The second threshold was public confirmation of suspicions internationally, and in Arab countries in particular, of the existence of nuclear weapons in Israel, by means of testing and “making public the fact of the possession of nuclear weapons.” Officials under Nixon proposed to him, on the eve of his conversation with Meir, to show restraint with regard to the Israeli nuclear program, and to abandon efforts to get Israel to cease acquiring 500-kilometer-range missiles with one-ton warheads developed in the Marcel Dassault factory in France, if it could reach an agreement with Israel on these points.
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  • The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both “explicit and implicit” that “Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.”
  • According to the documents, the Nixon administration believed that Israel’s acquisition of nuclear weapons would spur the Arab countries to acquire their own such weapons within 10 years, through private contracts with scientists and engineers in Europe. Moreover, “deeply rooted in the Arab psyche is the concept that a settlement will be possible only when there is some parity in strength with Israel. A ‘kamikaze’ strike at the Dimona facilities cannot be ruled out,” the document states.
  • Paul Merrell on 01 Sep 14
     
    "The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both 'explicit and implicit' that 'Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.'" Which just goes to show that Israel's leadership was very bit as looney-tunes as the U.S. leadership was with its "MAD" Mutually Assured Destruction strategy. What is there about democracy that permits psychopaths to acquire the power they so insanely crave? Humanity would have far better odds of surviving the next 100 years if all members of Congress now chosen by voting were instead chosen from the general population at random and limited to a single term. Then let Congress choose the President and Vice President from five people also randomly chosen. That would also result in a Congress far more representative of the People's interests. Anyone with a rudimentary understanding of Statistics could prove that mathematically. To boot, that would take care of the campaign finance issues, since there wouldn't be any elections for federal office. Give me 24 hours notice and I'll have the necessary constitutional amendments written. Let's call them the No More Lunatics Running This Asylum Amendments. Or with a bit more thought we could have a name with an acronym that's more descriptive, something like the SANE Amendments. Let's see: the Save America from Nutjobs Evermore Amendments, or ....   Never mind for now. You do the political organizing to get the Amendments adopted and let me know when. I'll crank out the wordsmith work product for the Amendments.  Sheesh! As I've said for years, if it be true that Man was was created in the image of the Creator, that is irrefutable proof that the Creator is as dumb as a doornail and insane to boot. "[I]t it is not really possible to deter Arab leaders when they themse
Paul Merrell

US gov't threatened Yahoo with $250K daily fine if it didn't use PRISM | Ars Technica - 0 views

arstechnica.com/...ily-fine-if-it-didnt-use-prism

surveillance-state Yahoo NSA litigation FISC

shared by Paul Merrell on 13 Sep 14 - No Cached
  • Yahoo reports that it is on the verge of releasing 1,500 pages of documents related to a long court battle over its participation in the PRISM program, a National Security Agency program revealed last summer as part of the Snowden leaks. A leaked top-secret slide about PRISM shows that Yahoo was one of the first participants, having begun contributing to the database in March of 2008. It did so under severe duress. Company executives believed the government's demand for data was "unconstitutional and overbroad" and fought it in court.
  • "Our challenge, and a later appeal in the case, did not succeed," explained Yahoo General Counsel Ron Bell in a blog post published today. "The Foreign Intelligence Surveillance Court (FISC)... ordered us to give the U.S. Government the user data it sought in the matter." After it lost, Yahoo was threatened with $250,000 per day fines if it didn't comply with the program. Not only that, but the government got permission to share the ruling with other companies in order to put pressure on them as well, according to a just-published story by The Washington Post.
Paul Merrell

The PJ Tatler » 'Vetted Moderate' Free Syrian Army Commander Admits Alliance ... - 0 views

pjmedia.com/...is-confirms-pj-media-reporting

war & peace ISIL moderate-rebels Obama

shared by Paul Merrell on 13 Sep 14 - No Cached
  • As President Obama laid out his “strategy” last night for dealing with the Islamic State of Iraq and Syria (ISIS), and as bipartisan leadership in Congress pushes to approve as much as $4 billion to arm Syrian “rebels,” it should be noted that the keystone to his anti-Assad policy — the “vetted moderate” Free Syrian Army (FSA) — is now admitting that they, too, are working with the Islamic State. This confirms PJ Media’s reporting last week about the FSA’s alliances with Syrian terrorist groups. On Monday, the Daily Star in Lebanon quoted a FSA brigade commander saying that his forces were working with the Islamic State and Jabhat al-Nusra, al-Qaeda’s official Syrian affiliate — both U.S.-designated terrorist organizations — near the Syrian/Lebanon border. “We are collaborating with the Islamic State and the Nusra Front by attacking the Syrian Army’s gatherings in … Qalamoun,” said Bassel Idriss, the commander of an FSA-aligned rebel brigade. “We have reached a point where we have to collaborate with anyone against unfairness and injustice,” confirmed Abu Khaled, another FSA commander who lives in Arsal. “Let’s face it: The Nusra Front is the biggest power present right now in Qalamoun and we as FSA would collaborate on any mission they launch as long as it coincides with our values,” he added.
  • In my report last week I noted that buried in a New York Times article last month was a Syrian “rebel” commander quoted as saying that his forces were working with ISIS and Jabhat al-Nusra in raids along the border with Lebanon, including attacks on Lebanese forces. The Times article quickly tried to dismiss the commander’s statements, but the Daily Star article now confirms this alliance. Among the other pertinent points from that PJ Media article last week was that this time last year the bipartisan conventional wisdom amongst the foreign policy establishment was that the bulk of the Syrian rebel forces were moderates, a fiction refuted by a Rand Corporation study published last September that found nearly half of the Syrian “rebels” were jihadists or hard-core Islamists.
  • Another relevant phenomenon I noted was that multiple arms shipments from the U.S. to the “vetted moderate” FSA were suspiciously raided and confiscated by ISIS and Jabhat al-Nusra, prompting the Obama administration and the UK to suspend weapons shipments to the FSA last December. In April, the Obama administration again turned on the CIA weapons spigot to the FSA, and Obama began calling for an additional $500 million for the “vetted moderate rebels,” but by July the weapons provided to the FSA were yet again being raided and captured by ISIS and other terrorist groups. Remarkably, one Syrian dissident leader reportedly told Al-Quds al-Arabi that the FSA had lost $500 million worth of arms to rival “rebel” groups, much of which ended up being sold to unknown parties in Turkey and Iraq.
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  • As the Obama administration began to provide heavy weaponry to Harakat al-Hazm, the Washington Institute for Near East Policy published an analysis hailing Harakat Hazm as “rebels worth supporting,” going so far as to say that the group was “a model candidate for greater U.S. and allied support, including lethal military assistance.” That error was not as egregious as the appeal by three members of the DC foreign policy establishment “smart set” (including one former senior Bush administration National Security Council official) who argued in the pages of the January issue of Foreign Affairs for U.S. engagement with another Syrian “rebel” group, Ahrar al-Sham.
  • Earlier this week I reported on Harakat al-Hazm, which was the first of the “vetted moderates” to receive U.S. anti-tank weaponry earlier this year. Harakat al-Hazm is reportedly a front for the Muslim Brotherhood as well as Turkey and Qatar, its Islamist state sponsors. An L.A. Times article was published this past Sunday from the battle lines in Syria. The reporter recounted a discussion with two Harakat al-Hazm fighters who admitted, “But Nusra doesn’t fight us, we actually fight alongside them. We like Nusra.” Despite a claim by the L.A. Times that Harakat al-Hazm had released a statement of “rejection of all forms of cooperation and coordination” with al-Nusra Front, I published in my article earlier this week an alliance statement signed by both Jabhat al-Nusra and Harkat al-Hazm forging a joint front in Aleppo to prevent pro-Assad forces from retaking the town.
  • At the same time U.S.-provided FSA weapons caches were being mysteriously raided by ISIS and Jabhat al-Nusra, one of the senior FSA commanders in Eastern Syria, Saddam al-Jamal, defected to ISIS. In March, Jabhat al-Nusra joined forces with the FSA Liwa al-Ummah brigade to capture a Syrian army outpost in Idlib. Then in early July I reported on FSA brigades that had pledged allegiance to ISIS and surrendered their weapons after their announcement of the reestablishment of the caliphate. More recently, the FSA and Jabhat al-Nusra teamed up last month to capture the UN Golan Heights border crossing in Quneitra on the Syria/Israel border, taking UN peacekeepers hostage. But the Free Syrian Army is not the only U.S.-armed and trained “rebel” force in Syria that the Obama administration is having serious trouble keeping in the “vetted moderate” column.
  • At the time their article appeared, however, Ahrar al-Sham was led by one of al-Qaeda chief Ayman al-Zawahiri’s top lieutenants and former Bin Laden courier, Mohamed Bahaiah (aka Abu Khaled al-Suri). This is why the article was originally subtitled “An Al-Qaeda affiliate worth befriending.” Giving too much of the game away for non-Beltway types, that subtitle was quickly changed on the website to “An Al-Qaeda-linked group worth befriending.” That dream of “befriending al-Qaeda” was dealt a major blow earlier this week when a blast of unknown origin killed most of Ahrar al-Sham’s senior leadership. Bereft of leadership, many analysts have rightly expressed concern that the bulk of Ahrar al-Sham’s forces will now gravitate towards ISIS and other terrorist groups.
  • While a McClatchy article on the explosion laughably claimed that the dead Ahrar al-Sham’s leaders represented the group’s “moderate wing” who were trying to come under another fictional “vetted moderate” alliance to obtain the next anticipated flood of U.S. weapons, others have observed that tributes to the dead leaders have poured in from al-Qaeda leaders for their “moderate wing” allies. This is what the D.C. foreign policy establishment has reduced itself to when it comes to Syria — cozying up to al-Qaeda (or Iran and Assad) in the name of “countering violent extremism,” namely ISIS, and entertaining each other with cocktail party talk of “moderate wings” of al-Qaeda. As my colleague Stephen Coughlin observes, our bipartisan foreign policy establishment has created a bizarre language about Iraq and Afghanistan to avoid the stark reality that we lost both wars. This is the state American foreign policy finds itself in on the 13th anniversary of the 9/11 attacks by al-Qaeda.
  • As congressional Republicans and Democrats alike will undoubtedly rush in coming days to throw money at anyone the Obama administration deems “vetted moderates” to give the appearance of doing something in the absence of a sensible, reality-based strategy for understanding the actual dynamics at work in Syria and Iraq, an urgent reexamination of who the “vetted moderates” we’ve been financing, training and arming is long overdue. It is also essential to know to whom the State Department has contracted the “vetting.” This is especially true as ISIS leaders are openly bragging about widespread defections to ISIS amongst FSA forces that have been trained and armed by the U.S. Predictably, the usual suspects (John McCain and Lindsey Graham) who have been led wide-eyed around Syria by the “vetted moderate” merchants and have played the administration’s “yes men” for a fictional narrative that has never had any basis in reality will undoubtedly hector critics for not listening to their calls to back the “vetted moderate” rebels last year when they could have contained ISIS — an inherently false assumption. These usual suspects should be ashamed of their role in helping sell a fiction that has cost 200,000 Syrians their lives and millions more their homes while destabilizing the entire region. Shame, sadly, is a rare commodity in Washington, D.C.
  • Notwithstanding Obama’s siren call for immediate action, Congress should think long and hard before continuing to play along with the administration and D.C. foreign policy establishment’s “vetted moderate” fairy tale and devote themselves to some serious reflection and discussion on how we’ve arrived at this juncture where we are faced with nothing but horribly bad choices and how to start walking back from the precipice. As we remember the thousands lost on that terrible day thirteen years ago, truly honoring their memory deserves nothing less.
Paul Merrell

Venezuela's Maduro Secures Support from Iran & Qatar in the Face of Oil Glut | venezuel... - 0 views

venezuelanalysis.com/11157

war & peace economic-warfare Venezuela Iran Qatar pipelinestan-war

shared by Paul Merrell on 13 Jan 15 - No Cached
  • Venezuelan oil, which accounts for over 95 percent of the country’s export earnings, fell last week to under $43 a barrel- less than half of its value in June of 2014. Despite repeated appeals from Venezuela and other smaller OPEC members and a confirmed surfeit of about a million barrels per day, the cartel of petroleum countries has refused to curtail oil production- a resolution spearheaded by the group’s primary exporter, Saudi Arabia. During Maduro’s visit, Iran’s supreme leader Ayatollah Ali Khamenei also opined that the nosedive of Brent crude is not a casual occurrence. “Our common enemies are using oil as a political ploy,” Khamenei told Maduro Saturday.The Venezuelan president has also accused the United States of trying to weaken the twelve-state OPEC alliance from the outside. In his meeting with Rouhani, Maduro was reported to have placed his confidence in the group’s diplomatic ties.
  • The South American leader also told local reporters that new agreements in tourism, technology and construction were outlined from Tehran.
  • Maduro was much more vocal about is meeting with the Emir of Qatar, Tamim bin Hamad Al Thani, providing details to TeleSUR reporters this morning from the Government Palace in Doha.“We’re finalizing a financial alliance with important banks from Qatar that will give us sufficient oxygen to help cover the fall in oil prices and give us the resources we need for the national foreign currency budget,” Maduro said, adding that the two nations had also “strengthened the ties of cooperation to open paths for cultural and touristic exchange.”
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  • According to local media, the Venezuelan government will announce a new currency exchange system upon the president’s return, in a fresh attempt to combat the country’s high inflation rates.
Paul Merrell

Supreme Court Strikes Out KBR - 0 views

www.pogo.org/...eme-court-strikes-out-kbr.html

war & peace Iraq Afghanistan KBR Halliburton veterans litigation

shared by Paul Merrell on 24 Jan 15 - No Cached
  • The U.S. Supreme Court came out in favor of contractor accountability this week, rejecting attempts by KBR and its former parent company, Halliburton, to dismiss three lawsuits accusing them of harming service members and civilians in Iraq and Afghanistan. (KBR, one of the largest reconstruction and logistics contractors in Iraq and Afghanistan, was part of Halliburton until 2007.) The Supreme Court, which denied the companies’ petitions without comment, left intact lower court rulings allowing these lawsuits to proceed to trial:
  • McManaway v. KBR American and British soldiers allege KBR knowingly exposed them to the hazardous chemical sodium dichromate while they were posted at the Qarmat Ali water treatment facility in Iraq in 2003. The soldiers were protecting KBR employees who were restoring the facility. This case involves the Restore Iraqi Oil (RIO) contract, which contained a provision requiring the government to indemnify KBR for any property damage, injury, or death occurring on the contract and all related legal expenses. The government is refusing to indemnify KBR for Qarmat Ali litigation, which has already resulted in an $81 million judgment against the company in a case filed in Oregon. Both the indemnification decision and the Oregon judgment are still mired in appeals, despite Congress urging the Pentagon last year to “take control of the litigation process” and hasten its conclusion. “With KBR’s immunity petitions rejected by the Supreme Court in three separate cases, the wait for the veterans’ cases to proceed to trial has finally ended,” attorney Michael Doyle, who represents the plaintiffs in in the Metzgar and McManaway cases, told the Project On Government Oversight. “There can’t be a place in American law for blanket immunity for military contractor misconduct harming our troops and others, and we look forward to the next trial soon.”
  • Metzgar v. KBR Dozens of U.S. military personnel and civilian employees claim they suffered harm as a result of KBR’s waste disposal and water treatment practices on military bases in Iraq and Afghanistan. The case involves KBR’s Logistics Civil Augmentation Program (LOGCAP) III contract. The plaintiffs allege that the company burned large quantities of solid waste in toxin-spewing open-air burn pits and provided contaminated water. Harris v. KBR Cheryl Harris seeks to hold KBR and Halliburton accountable for the death of her son, Staff Sergeant Ryan Maseth, who was electrocuted in 2008 while showering at his base in Iraq. KBR’s responsibility for maintaining the shower facilities was also part of the LOGCAP III contract.
  • ...1 more annotation...
  • The plaintiffs are suing the contractors because the government is generally immune from personal injury lawsuits. Contingency operation contractors like KBR and Halliburton argue they are also immune because they function essentially as an extension of the military. Ever since the first bombs fell on Afghanistan more than 13 years ago, contractor civil and criminal liability in war zones has been a hotly debated and litigated issue. However, recent decisions by the Supreme Court and the federal circuit courts give us hope that this area of law is becoming more settled and contractor accountability cases will have an easier time getting to trial.
  • Paul Merrell on 24 Jan 15
     
    There's an error in the article where it states that "the government is generally immune from personal injury lawsuits." In fact the federal government generally can be sued for personal injury under the Federal Tort Claims Act, but there is an exception created by the Supreme Court in Feres v. United States: the federal government has no liabllity for personal injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. See for an overview, https://en.wikipedia.org/wiki/Feres_v._United_States However, veterans are entitled in such circumstances to Department of Veteran Affairs disability benefits and medical treatment. Military contractors are very fond of trying to piggy-back onto the Feres Doctrine but it rarely works. I've read a fair bit about KBR's conduct involved. KBR even had multi-million-dollar incinerators there for waste disposal that the government paid for (and their transport to the war zones) to safely dispose of wastes without endangering soldiers, but never set them up. That is pretty solid evidence that they knew of the hazard from using open burn pits. And it's also pretty strong proof that our military auditors in charge of checking contract compliance gave KBR a pass. Did money change hands between KBR and the auditors? War profiteering at its finest. "There is such a thirst for gain [among military suppliers]... that it is enough to make one curse their own Species, for possessing so little virtue and patriotism." George Washington.
Paul Merrell

Spies Among Us: How Community Outreach Programs to Muslims Blur Lines between Outreach ... - 0 views

firstlook.org/...ur-lines-outreach-intelligence

surveillance state FBI community-outreach-funding intelligence-front terrorists™

shared by Paul Merrell on 23 Jan 15 - No Cached
  • ast May, after getting a ride to school with his dad, 18-year-old Abdullahi Yusuf absconded to the Minneapolis-St. Paul airport to board a flight to Turkey. There, FBI agents stopped Yusuf and later charged him with conspiracy to provide material support to a foreign terrorist organization—he was allegedly associated with another Minnesota man believed to have gone to fight for the Islamic State in Syria. To keep other youth from following Yusuf’s path, U.S. Attorney Andrew Luger recently said that the federal government would be launching a new initiative to work with Islamic community groups and promote after-school programs and job training–to address the “root causes” of extremist groups’ appeal. “This is not about gathering intelligence, it’s not about expanding surveillance or any of the things that some people want to claim it is,” Luger said. Luger’s comments spoke to the concerns of civil liberties advocates, who believe that blurring the line between engagement and intelligence gathering could end up with the monitoring of innocent individuals. If past programs in this area are any guide, those concerns are well founded.
  • Documents obtained by attorneys at the Brennan Center for Justice at New York University School of Law, and shared with the Intercept, show that previous community outreach efforts in Minnesota–launched in 2009 in response to the threat of young Americans joining the al-Qaeda-linked militia al-Shabab, in Somalia—were, in fact, conceived to gather intelligence.
  • Paul Merrell on 23 Jan 15
     
    Feed Bag, Inc. targeting Muslims in the name of battling terrorists™. Heads should roll for this but they won't. Cluestick: the root cause of Islamic "terrorism" in the U.S. has proven, over the years, to mostly be attributable to the FBI and its sting operations that walk the fine legal line of entrapment. What to do when you're showered with billions of dollars to catch terrorists in the U.S. and you can't find any? Send the money back and say "we don't need this?" Or go out and invent some terrorists by persuading young and dumb Muslims to prepare to commit an act of terrorism, then swoop in and arrest them before their "attack" happens, then advertise that you've saved the U.S. from another terrorist attack? I bet that approach would be just as effective with young and dumb white Christians too.  But no need, young and dumb white Christians never commit acts of terr .... er, ulp! https://en.wikipedia.org/wiki/Timothy_McVeigh
Paul Merrell

3,000 FSA Fighters Defect to ISIS in the Qalamoun Mountains - 0 views

www.almasdarnews.com/...defect-isis-qalamoun-mountains

war & peace ISIL FSA-defections

shared by Paul Merrell on 21 Jan 15 - No Cached
  • Up to 3,000 Free Syrian Army (FSA) fighters have defected from the organization and given ba’yah (religious payment; servitude) to the self-proclaimed Caliph of the Islamic State of Iraq and Al-Sham (ISIS), Sheikh Ibrahim Abu Bakr Al-Baghdadi, in the Qalamoun Mountains of the Rif Dimashq Governorate – these fighters belonged to multiple brigades that formed the conglomeration of the FSA. As ISIS continues to spread their presence on the border of Lebanon and Syria, many rebel groups have found this organization more appealing than their predecessors due to their success in eastern and northern Syria. The Al-Qaeda linked Al-Nusra Front (Jabhat Al-Nusra) – who fought ISIS in Deir Ezzor – has seemingly repaired relations in eastern Lebanon and western Syria. The 2 militant groups have been spotted working together during armed engagements with loyalist forces in ‘Assal Al-Ward and Rankous.
  • The FSA groups who pledged allegiance to ISIS are the following: 1. Liwaa Al-Farouq – Approximately 300 fighters 2. Liwaa Al-Qusayr – Approximately 600 fighters 3. Liwaa Al-Turkomen – Approximately 400 fighters 4. Liwaa Al-Haqq – Approximately 400 fighters 5. Kataeb Al-Mouqna – Approximately 200 fighters 6. Liwaa Matfareeq – Approximately 500 fighters 7. Suqour Al-Fatih – Approximately 200 fighters 8. Liwaa 77 – Approximately 400 fighters
Paul Merrell

If the Supreme Court tackles the NSA in 2015, it'll be one of these five cases | Ars Te... - 0 views

arstechnica.com/...tll-be-one-of-these-five-cases

surveillance state NSA pending-litigation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • Roughly a year and a half since the first Snowden disclosures, there's already been a judicial order to shut down the National Security Agency's bulk metadata collection program. The lawsuit filed by Larry Klayman, a veteran conservative activist, would essentially put a stop to unchecked NSA surveillance. And at the start of 2015, he remains the only plaintiff whose case has won when fighting for privacy against the newly understood government monitoring. However, it's currently a victory in name only—the judicial order in Klayman was stayed pending the government’s appeal.
  • Klayman v. Obama is only one of a number of notable national security and surveillance-related civil and criminal cases stemming fully or partially from the Snowden documents. In 2014, a handful of these advanced far enough through the legal system that 2015 is likely to be a big year for privacy policy. One or more could even end up before the Supreme Court. "I think it's impossible to tell which case will be the one that does it, but I believe that, ultimately, the Supreme Court will have to step in and decide the constitutionality of some of the NSA's practices," Mark Rumold, an attorney with the Electronic Frontier Foundation, told Ars. Rumold is one of the attorneys in First Unitarian Church, a case that is challenging government surveillance much like Klayman. Along with that pair, headline watchers should set alerts for cases such as American Civil Liberties Union (ACLU) v. Clapper, United States v. Moalin, and United States v. Muhtorov. Not only are there several other related cases that will likely be influenced by these decisions, but those five cases represent the strongest and most direct legal challenges to the current NSA surveillance state.
  • Before outlining the relevant cases, it's important to note the government's general justification for the legality of bulk metadata collection: the third-party doctrine. This theory was codified most recently from a 1979 Supreme Court decision in Smith v. Maryland. In the case, the court found that individuals do not have an inherent privacy right to data that has already been disclosed to a third party. So with telecom data for instance, the government has posited that because a call from one person to another forcibly transits Verizon’s network, those two parties have already shared that data with Verizon. Therefore, the government argues, such data can't be private, and it’s OK to collect it. But legal experts say that recent surveillance and privacy Supreme Court decisions could lead the courts to reconsider. The first Snowden revelation (published in June 2013) was that Verizon (and presumably other telecom firms) are routinely handing over all call records to the NSA. The metadata records include the date, times, and lengths of the calls.
  • Paul Merrell on 18 Jan 15
     
    Joe Mullins does an excellent job of outlining the major pending cases that challenge NSA surveillance of U.S. citizens and the state of relevant case law.  At least one of those cases is likely to arrive in the Supreme Court during 2015. 
Paul Merrell

Mubarak, Nazif to be investigated for allegedly serving as proxy for US torture | Cairo... - 0 views

www.thecairopost.com/...erving-as-proxy-for-us-torture

war & peace torture CIA rendition Egypt Iraq false-flag

shared by Paul Merrell on 05 Feb 15 - No Cached
  • CAIRO: Former President Hosni Mubarak and his former Prime Minister Ahmed Nazif will be investigated for serving as a proxy to torture U.S. prisoners, Youm7 reported Wednesday. Attorney General Hisham Barakat referred the case, filed by lawyer Samir Sabry, to the Supreme State Security prosecution. Sabry noted in his litigation that Egypt was cited in the December Senate CIA report as having tortured detainees in extraordinary rendition under the Mubarak regime. In his 2007 book The Guantanamo Files, British investigative journalist Andy Worthington wrote that a Libyan was rendered in 2003 to Egypt where he was tortured to make “a false confession that two al-Qaeda operatives had been receiving information from Saddam Hussein about the use of chemical and biological weapons, which was subsequently used to justify the invasion of Iraq in March 2003.”
  • In 2009, a former Pakistani Guantanamo detainee detailed his torture in Egypt after the CIA sent him to Cairo. Muhammad Saad Iqbal was arrested in Jakarta in 2002 over supporting an Islamic group, but he was transported days after being arrested to Egypt where he were beaten, shackled, received electroshocks and was sleep-deprived for six months, the New York Times reported in 2009. Iqbal, who was released in 2008, confessed under torture that he had met with Osama bin Laden. Mubarak, who is still jailed, was acquitted of graft, and charges of murdering January 25 Revolution protesters were dropped in November. His appeal over a three-year sentence for embezzling funds was accepted earlier in January. His two sons, Gamal and Alaa, walked free late January pending an embezzlement lawsuit, after serving the maximum remand period of two years.
Paul Merrell

Today is a great victory against GCHQ, the NSA and the surveillance state | Carly Nyst ... - 0 views

www.theguardian.com/...st-gchq-nsa-surveillance-state

surveillance state GCHQ NSA litigation human rights UK

shared by Paul Merrell on 07 Feb 15 - No Cached
  • It is a rare thing to bring truth to bear on the most powerful and secretive arm of the state. Never before has the Investigatory Powers Tribunal – the British court tasked with reviewing complaints against the security services – ruled against the government. Not once have the spooks been taken to task for overstepping the lawful boundaries of their conduct. Not a single British spy has been held accountable for mass surveillance, unlawful spying or snooping on private emails and phone calls. Until today. Privacy International has spent the past 25 years fighting back against the ever-expanding British surveillance state. Together with our allies, we’ve resisted the snooper’s charter (multiple times), mandatory ID cards and the provision of passenger name records. Yet in June 2013 we were as shocked as everyone else to learn that GCHQ, in collaboration with the NSA, had acquired the capabilities to completely control, monitor, copy, read and analyse the world’s private communications. It was, until that point, unfathomable that the security services could have so audaciously stretched the boundaries of democratic legitimacy – and could have so severely violated the civil liberties and human rights of not only Britons, but of hundreds of millions of innocent people across the globe.
  • Thanks to Edward Snowden, we learned that GCHQ has access to emails and messages that the NSA siphons off directly and en masse from Google, Skype and Facebook. We discovered that the NSA collects 194m text messages and 5bn location records every day – and GCHQ can read them too. And, of course, we learned that GCHQ is operating a mass surveillance system that, combined with its access to the NSA’s own mass surveillance architecture, means it can read almost anyone’s communications, at any time, without judicial authorisation or any meaningful oversight. In July 2013, the Intelligence and Security Committee assured us that GCHQ access to NSA surveillance material, in particular through the Prism programme, was entirely lawful. Unsurprisingly, we did not find the reassurances of a body that has consistently and blindly backed the services that it is meant to scrutinise comforting.
  • That’s why we decided to take GCHQ to court. Alongside Liberty, Amnesty International and human rights organisations from around the world, we argued that mass surveillance is not an acceptable activity of a democratic government, and that the cosy dealings between GCHQ and the NSA, conducted under a veil of secrecy that was only lifted by a whistleblower’s bravery, had to be brought within public control and scrutiny. The evidence was overwhelming and the history of human rights law was in our favour, but the tribunal – which at that point had never before found that the surveillance activities of GCHQ broke the law – disagreed. Mass surveillance, it found in its decision of December 2014, was legitimate under British law. GCHQ’s access to NSA mass surveillance was also acceptable, it said, given that the government had disclosed details of its relationship with the US during the course of our case.
  • ...2 more annotations...
  • The decision was a disappointing one, and we’ll soon appeal to the European court of human rights. But it left us with a small glimmer of hope. The tribunal said that it was lawful for GCHQ and the NSA to swap and share surveillance material only because GCHQ has secret internal policies that it reluctantly disclosed in response to Privacy International’s case. Now that those secret policies are no longer secret, the court reasoned, the British public know what’s going on, and that in itself must make those activities lawful. It must follow, therefore, that before those policies were public – prior to Edward Snowden’s disclosures, and our case in the IPT – GCHQ was acting outside the law. Complicated reasoning aside, this finding was a genuine – and rare – success. The tribunal agreed, and we today have a firm statement that the intelligence services were acting completely out of bounds. It is not the judgment we would have liked – that we still hope to get from the European court of human rights in Strasbourg later this year – but it is a significant victory against an arm of the state that has rarely been forced to account for its wrongdoings.
  • It is a vindication of Snowden, and all those who put their careers – and even their lives – on the line to ensure the truth was told. It is a huge encouragement to civil society organisations like Privacy International, which often spend years locked in David and Goliath battles, depleting their funds and their morale to perform the essential role of holding truth to power. In years to come we will look back on today as an essential victory against the surveillance state. Here at Privacy International, we humbly hope that perhaps we will also look back at this day as a turning of the tide; the day when the seemingly uncontrollable advancement of state intrusion into individuals’ lives was halted, and when internet users reclaimed some of the power in their fight for privacy, security and free expression.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

firstlook.org/...ders-national-security-letters

surveillance state FBI NSLs litigation 1st Amendment civil-liberties

shared by Paul Merrell on 24 Feb 15 - No Cached
  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • ...6 more annotations...
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

ACLU files new lawsuit over Obama administration drone 'kill list' | World news | The G... - 0 views

www.theguardian.com/...administration-drone-kill-list

war & peace U.S.-foreign-policy drone attacks Obama criteria FOIA litigation ACLU

shared by Paul Merrell on 17 Mar 15 - No Cached
  • As the US debates expanding its campaign against the Islamic State beyond Iraq and Syria, the leading US civil liberties group is intensifying its efforts to force transparency about lethal US counterterrorism strikes and authorities. On Monday, the American Civil Liberties Union (ACLU) will file a disclosure lawsuit for secret Obama administration documents specifying, among other things, the criteria for placement on the so-called “kill list” for drone strikes and other deadly force. Information sought by the ACLU includes long-secret analyses establishing the legal basis for what the administration terms its “targeted killing program” and the process by which the administration determines that civilians are unlikely to be killed before launching a strike, as well as verification mechanisms afterward to establish if the strike in fact has caused civilian deaths.
  • “Over the last few years, the US government has used armed drones to kill thousands of people, including hundreds of civilians. The public should know who the government is killing, and why it’s killing them,” Jameel Jaffer, deputy legal director for the ACLU, told the Guardian.
  • The ACLU suit proceeds after the Obama administration disclosed none of the lethal counterterrorism documentation through a Freedom of Information Act request the civil liberties group launched in October 2013. According to the new lawsuit, the departments of state, justice and defense, as well as the CIA, have stonewalled the ACLU’s requests for nearly 18 months. Recent legal history suggests the ACLU is in for an uphill court struggle. The Obama administration, which has called itself the most transparent in history, has thus far repelled or delayed ACLU lawsuits for disclosure around drone strikes and the 2011 assassination of Anwar al-Awlaki, a US citizen and al-Qaida propagandist. Additionally, the administration is fighting the ACLU on the legality of its bulk surveillance activities and to prevent the release of thousands of graphic photographs detailing Bush-era torture by the CIA and military. Yet the administration has seen the courts chip away at its blanket denials of documents sought by the ACLU. Most of the intelligence community’s disclosures of surveillance memos since Edward Snowden’s revelations have followed the administration’s courtroom losses to the ACLU and other civil-liberties groups. In June, the second circuit court of appeals forced the Department of Justice to release much of a critical 2010 memo blessing the killing of Awlaki. (The ACLU is seeking the release of 10 more major intelligence memos related to targeted killing.)
Paul Merrell

Apartheid Forever: Israel's Netanyahu rules out Palestinian Citizenship Rights | Inform... - 0 views

www.juancole.com/...d-palestinian-citizenship.html

war & peace Israel Palestinian statelessness Netanyahu 2-state-solution

shared by Paul Merrell on 17 Mar 15 - No Cached
  • Israeli Prime Minister Binyamin Netanyahu, under extreme pressure over the real possibility that he will lose the March 17 elections, has made a powerful appeal to his far right wing constituency by openly admitting that he will never allow a Palestinian state and that he intends to flood Israeli squatters into East Jerusalem and its environs to make sure this Occupied territory never returns to the Palestinians.Millions of Palestinians whose families were violently expelled from their homes by Jewish settlers in Mandate Palestine in 1947-48 remain stateless. These include the people of Gaza, the West Bank (four million) and a million or more in diasporas in Lebanon, Syria, and other countries. A million Palestinians are now citizens in Israel, and others have rights of citizenship in far-flung places like Chile and Honduras, as well as the United States. But I figure five million at least remain stateless.
  • Statelessness is rare in today’s world, a result of reforms initiated by the international community after the horrors of World War II and its preceding decades. Franco rendered many on the Spanish Left stateless after his victory in the Civil War in 1939 (not to mention massacring tens of thousands of them). The White Russians lost citizenship after their revolt against the Communists failed. The Nazis took citizenship rights away from Jews, Gypsies and others in Europe. In fact, the Holocaust was made practically possible in part by the denial of citizenship to Jews, which left them with no access to courts or other levers of social power that might have combated the monstrous Nazi plans for genocide. Millions were stateless in the 1930s and 1940s, and their lack of citizenship rights often exposed them to ethnic cleansing or loss of property and displacement.
  • The Palestinians are the last major stateless population. Stateless people do not have rights as most people understand the term. Their situation in some ways resembles slavery, since slaves also were denied the rights of citizenship. Stateless people’s property is insecure, since people with citizenship rights have better access to courts and to ruling authorities. Palestinians never really know what they own, and Israeli squatters routinely steal their property with impunity. Squatters dig tube wells deeper than those of the Palestinian villagers, lowering aquifers and causing Palestinian wells to dry up. Squatters go on wilding attacks, chopping down entire olive orchards (a prime source of Palestinian income) or beating up Palestinians. If Palestinians assemble peacefully to protest the loss of their farms to ever-expanding squatter settlements, the Israel army arrests them, including, often, children, who are taken away from their families and put in jail. Palestinians can be held for long periods without being charged. The prisoners are sometimes tortured.
  • ...2 more annotations...
  • Netanyahu and the Israeli right-of-center say they want to keep Palestinians homeless and without citizenship rights in a state because they fear a Palestinian state will make claims on Israel and present a security challenge. Netanyahu said Sunday that if Israel relinquished the West Bank it would become a bastion of Muslim radicalism (but West Bankers are substantially more secular than the Jewish population of West Jerusalem).But in fact, Netanyahu and the right are dedicated to Greater Israel, to annexing the West Bank territory and finding a way to expel the Palestinians from it. The Palestinians are not a security challenge– they are like the guard at a bank getting in the way of bank robbers. The bank robbers feel a need to knock him out or kill him, remove him from the scene.
  • ut it is shameful to have Israel preside over 4 million stateless people forever. This is Apartheid. And Netanyahu has just made Apartheid the official policy of Israel, just as South African leader P.W. Botha dedicated himself to making black South Africans stateless and without the rights of citizenship. The only fig leaf Israel had for its Apartheid was the farce of the “peace process” and a pro forma ritual invocation of a “future Palestinian state.” Now Netanyahu has ripped off the fig leaf and stands naked before the world. Botha was called by his victims the “Great Crocodile.” It would be better epithet for Netanyahu than “Bibi.”
  • Paul Merrell on 17 Mar 15
     
    Under article 15 of the 1948 Universal Declaration of Human Rights, a treaty that Israel ratified: "(1) Everyone has the right to a nationality. "(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."  
Paul Merrell

MEDIA FAIL: Is the West's Coverage of Ukraine a Failure of Nuclear Proportions? - WhoWh... - 0 views

whowhatwhy.org/...failure-of-nuclear-proportions

war & peace war-propaganda Ukraine MSM

shared by Paul Merrell on 18 Mar 15 - No Cached
  • Last July, The New York Times declared, “The Ukrainian conflict has gone on far too long, and it has become far too dangerous. There is one man who can stop it — President Vladimir Putin of Russia.” In the intervening months, the media’s assessment of Putin has only grown harsher, with his actions in Ukraine being seen as a possible prelude to a full-scale Russian invasion, along the lines of his 2008 takeover of two provinces in the nation of Georgia. But this analysis is dangerously unbalanced.
  • While Putin has made many missteps in the Ukrainian crisis–and many in Georgia in 2008–the West is far from blameless. If, as the Times asserts, it’s all Putin’s fault, then the U.S. and its allies have few options beyond waiting for him to have a sudden change of heart. But if the West can acknowledge its own mistakes and start to rectify them, that might point the way to resolving the current conflict before it escalates further, even possibly to nuclear threats. In considering options, let’s first look at the perception that Ukraine is a repeat of Putin’s land-grab in Georgia. That in turn has been compared to Hitler’s dismemberment of Czechoslovakia 70 years earlier. This analogy, with its hot-button allusion to the West’s appeasement of Nazi Germany at Munich in 1938, was promoted by, among others, former Secretary of State Hillary Clinton. But in fact, it was one-sided coverage in the mainstream Western media that created the false impression that Putin alone was responsible for the 2008 Russian-Georgian War. Disregarded in this coverage was a finding by European Union investigators that Georgia, backed by the West, had in fact fired the first shots. The EU ultimately found blame on both sides.
  • In Ukraine, Putin has justified his cross-border interventions as required to protect ethnic Russians from threats by hostile neighbors. His stated concerns may be self-serving, but not necessarily as misplaced as Western governments and media make out. Key precipitating events are left out of the narrative. For example, Western media barely covered a May 2, 2014, fire in the Black Sea port city of Odessa, where dozens of pro-Russian separatists were burned alive after they barricaded themselves in a government building to escape a violent Ukrainian mob. Ukrainian nationalists surrounded the building, sang the Ukrainian national anthem, and chanted the equivalent of “Burn, Russians, burn!” while the building went up in flames. An even more egregious failure of American mainstream media coverage in Ukraine came during the February 2014 anti-government demonstrations in Ukraine’s capital of Kiev. When sniper fire killed nearly 100 Ukrainians, Western media repeatedly stated as fact that the shots came from the forces of then-Ukrainian President Viktor Yanukovych, who had tilted toward Russia. Outrage over the deaths fueled calls for Yanukovych’s head, and on February 21 he fled the capital, eventually ending up in southern Russia, where he remains in exile.
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  • But virtually ignored by the American mainstream media was a bombshell allegation by Estonian Foreign Minister Urmas Paet. On Feb. 26, 2014, Paet—no friend of Russia’s—said in an intercepted and later authenticated phone call: “There is now stronger and stronger understanding that behind [the] snipers, it was not Yanukovych, but it was somebody from the new coalition.” What Paet called “the new coalition” is essentially the West-leaning Ukrainian government that succeeded Yanukovych. (Please see the full transcript of the conversation here, the most relevant 48 seconds here, and audio of the entire conversation here.) Getting It Right In such conflicts, the truth is one of the first casualties.
  • For an American media outlet willing to tackle this issue, one has to turn to The National Interest, a specialized journal on international relations. Although its parent, The Center for the National Interest, was originally called The Nixon Center—hardly a left-wing group—it recently published “Ukraine Exposed: Kiev’s Authoritarianism” by James Carden, who served as an advisor to the U.S.-Russia Bilateral Presidential Commission at the State Department from 2011 to 2012. Questioning U.S. policy in Ukraine, Carden wrote: From the very start of the Ukraine crisis, Washington’s neoconservative lobby has sought to downplay the less appealing aspects of the government that came to power in Kiev in February. … But examples of the new authoritarianism gripping Kiev have become tougher to miss in recent months … Carden goes on to highlight a case in point. In October, Poroshenko signed a decree establishing October 14 as an official “Day of Ukrainian Defenders” to commemorate the founding of the Ukrainian Insurrectionist Army, known as the UPA, during World War II. Carden then notes:
  • As the historian Halik Kochanski has noted, the UPA worked hand in hand with Poland’s Nazi occupiers, killing, to take but one example, nearly 10,000 Poles over the night of July 11-12, 1943. “A feature of the UPA action,” according to Kochanski, “was its sheer barbarity. They were not content merely to shoot their victims but often tortured them first or desecrated their bodies afterwards.” … Don’t let anyone tell you Russia has a monopoly on “disinformation.” Thus, in its zeal to legitimize Poroshenko’s anti-Russian government in Kiev, the mainstream American media managed to ignore his commemoration of former Ukrainian atrocities. Under the Nuclear Cloud
  • The Risks of Ignorance
Paul Merrell

US sets new record for denying federal files under Freedom of Information Act | US news... - 0 views

www.theguardian.com/...es-freedom-of-information-foia

transparency FOIA U.S. records

shared by Paul Merrell on 20 Mar 15 - No Cached
  • The US has set a new record for denying and censoring federal files under the Freedom of Information Act, analysis by the Associated Press reveals. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the open-government legislation. The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents, and refused a record number of times to turn over files quickly that might be especially newsworthy.
  • It also acknowledged in nearly one in three cases that its initial decisions to withhold or censor records were improper under the law – but only when it was challenged. Its backlog of unanswered requests at year’s end grew remarkably by 55% to more than 200,000. The government’s new figures, published Tuesday, covered all requests to 100 federal agencies during fiscal 2014 under the Freedom of Information law, which is heralded globally as a model for transparent government. They showed that despite disappointments and failed promises by the White House to make meaningful improvements in the way it releases records, the law was more popular than ever. Citizens, journalists, businesses and others made a record 714,231 requests for information. The US spent a record $434m trying to keep up.
  • The government responded to 647,142 requests, a 4% decrease over the previous year. The government more than ever censored materials it turned over or fully denied access to them, in 250,581 cases or 39% of all requests. Sometimes, the government censored only a few words or an employee’s phone number, but other times it completely marked out nearly every paragraph on pages. On 215,584 other occasions, the government said it couldn’t find records, a person refused to pay for copies or the government determined the request to be unreasonable or improper. The White House touted its success under its own analysis. It routinely excludes from its assessment instances when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law, and said under this calculation it released all or parts of records in 91% of requests – still a record low since Barack Obama took office using the White House’s own math.
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  • “We actually do have a lot to brag about,” White House spokesman Josh Earnest said. The government’s responsiveness under the open records law is an important measure of its transparency. Under the law, citizens and foreigners can compel the government to turn over copies of federal records for zero or little cost. Anyone who seeks information through the law is generally supposed to get it unless disclosure would hurt national security, violate personal privacy or expose business secrets or confidential decision-making in certain areas. It cited such exceptions a record 554,969 times last year. Under the president’s instructions, the US should not withhold or censor government files merely because they might be embarrassing, but federal employees last year regularly misapplied the law. In emails that AP obtained from the National Archives and Records Administration about who pays for Michelle Obama’s expensive dresses, the agency blacked-out a sentence under part of the law intended to shield personal, private information, such as Social Security numbers, phone numbers or home addresses. But it failed to censor the same passage on a subsequent page.
  • The sentence: “We live in constant fear of upsetting the WH [White House].” In nearly one in three cases, when someone challenged under appeal the administration’s initial decision to censor or withhold files, the government reconsidered and acknowledged it was at least partly wrong. That was the highest reversal rate in at least five years. The AP’s chief executive, Gary Pruitt, said the news organization filed hundreds of requests for government files. Records the AP obtained revealed police efforts to restrict airspace to keep away news helicopters during violent street protests in Ferguson, Missouri. In another case, the records showed Veterans Affairs doctors concluding that a gunman who later killed 12 people had no mental health issues despite serious problems and encounters with police during the same period. They also showed the FBI pressuring local police agencies to keep details secret about a telephone surveillance device called Stingray.
  • “What we discovered reaffirmed what we have seen all too frequently in recent years,” Pruitt wrote in a column published this week. “The systems created to give citizens information about their government are badly broken and getting worse all the time.” The US released its new figures during Sunshine Week, when news organizations promote open government and freedom of information. The AP earlier this month sued the State Department under the law to force the release of email correspondence and government documents from Hillary Clinton’s tenure as secretary of state. The government had failed to turn over the files under repeated requests, including one made five years ago and others pending since the summer of 2013.
  • The government said the average time it took to answer each records request ranged from one day to more than 2.5 years. More than half of federal agencies took longer to answer requests last year than the previous year. Journalists and others who need information quickly to report breaking news fared worse than ever. Under the law, the US is required to move urgent requests from journalists to the front of the line for a speedy answer if records will inform the public concerning an actual or alleged government activity. But the government now routinely denies such requests: Over six years, the number of requests granted speedy processing status fell from nearly half to fewer than one in eight. The CIA, at the center of so many headlines, has denied every such request over the last two years.
  • Paul Merrell on 20 Mar 15
     
    I did a fair bit of FOIA litigation during my years as a citizen activist and later as a lawyer. The response situation never was good and it's gotten far worse. I have an outstanding FOIA request to the Dept. of Health & Human Services for copies of particular documents submitted as public comments by other agencies including the CIA in a rulemaking proceeding. I submitted electronically over a year ago, got an authresponder telling me to expect a postcard acknowledging receipt within ten working days as required by FOIA. Didn't hear back from them, so resubmitted with copies of the original request and the autoresponse and got the same autoresponse. Still haven't got either of my postcards or the records, so it looks like I'm about to come out of retirement and file a FOIA lawsuit. It's an area where the squeakiest wheel gets the grease.  The bureaucracy does not like public records requests.   
Paul Merrell

Federal judge rules no-fly list process is unconstitutional | Law | theguardian.com - 0 views

www.theguardian.com/...st-process-is-unconstitutional

war & peace surveillance state no-fly-list litigation ACLU

shared by Paul Merrell on 29 Jun 14 - No Cached
  • A federal judge ruled on Tuesday that the US government's no-fly list banning people accused of links to terrorism from commercial flights violates their constitutional rights because it gives them no meaningful way to contest that decision. US District Judge Anna Brown, ruling in a lawsuit filed in federal court in Oregon by 13 Muslim Americans who were branded with the no-fly status, ordered the government to come up with new procedures that allow people on the no-fly list to challenge that designation. The 13 plaintiffs – four of them veterans of the US military – deny they have links to terrorism and say they only learned of their no-fly status when they arrived at an airport and were blocked from boarding a flight.
  • The American Civil Liberties Union, which brought a suit against the policy in 2010, argues that secrecy surrounding the list and lack of any reasonable opportunity for plaintiffs to fight their placement on it violates their clients' constitutional rights to due process. The government contends there is an adequate means of contesting the flight ban and that individuals listed under the policy may ultimately petition a US appeals court directly for relief.
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