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Paul Merrell

A Zombie Bill Comes Back to Life: A Look at The Senate's Cybersecurity Information Shar... - 0 views

  • The Senate Intelligence Committee recently introduced the Cybersecurity Information Sharing Act of 2014. It’s the fourth time in four years that Congress has tried to pass "cybersecurity" legislation. Unfortunately, the newest Senate bill is one of the worst yet. Cybersecurity bills aim to facilitate information sharing between companies and the government, but they always seem to come with broad immunity clauses for companies, vague definitions, and aggressive spying powers. Given such calculated violence to users' privacy rights, it’s no surprise that these bills fail every year. What is a surprise is that the bills keep coming back from the dead. Last year, President Obama signed Executive Order 13636 (EO 13636) directing the Department of Homeland Security (DHS) to expand current information sharing programs that are far more privacy protective than anything seen in recent cybersecurity bills. Despite this, members of Congress like Rep. Mike Rogers and Senator Dianne Feinstein keep on introducing bills that would destroy these privacy protections and grant new spying powers to companies.
  • Aside from its redundancy, the Senate's bill grants two new authorities to companies. First, the bill authorizes companies to launch countermeasures for a "cybersecurity purpose" against a "cybersecurity threat." "Cybersecurity purpose" is so broadly defined that it means almost anything related to protecting (including physically protecting) an information system, which can be a computer or software. The same goes for a "cybersecurity threat," which includes anything that "may result" in an unauthorized effort to impact the availability of the information system. Combined, the two definitions could be read by companies to permit attacks on machines that unwittingly contribute to network congestion. The countermeasures clause will increasingly militarize the Internet—a prospect that may appeal to some "active defense" (aka offensive) cybersecurity companies, but does not favor the everyday user. Second, the bill adds a new authority for companies to monitor information systems to protect an entity's rights or property. Here again, the broad definitions could be used in conjunction with the monitoring clause to spy on users engaged in potentially innocuous activity. Once collected, companies can then share the information, which is also called “cyber threat indicators,” freely with government agencies like the NSA.
  • Such sharing will occur because under this bill, DHS would no longer be the lead agency making decisions about the cybersecurity information received, retained, or shared to companies or within the government. Its new role in the bill mandates DHS send information to agencies like the NSA—"in real-time and simultaneous[ly]." DHS is even barred from "delay[ing]" or "interfer[ing]" with the information, which ensures that DHS's current privacy protections won’t be applied to the information. The provision is ripe for improper and over-expansive information sharing. This leads to a question: What stops your sensitive personal information from being shared by companies to the government? Almost nothing. Companies must only remove personally identifiable information if the information is known to be US person information and not directly related to the threat. Such a willful blindness approach is inappropriate. Further, the bill does not even impose this weak minimization requirement on information shared by, and within, the government (including federal, state, local, and tribal governments) thereby allowing the government to share information containing personally identifiable information. The bill should require deletion of all information not directly related to a threat.
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  • Once the information is sent to a government agency, it can use the information for reasons other than for cybersecurity purposes. One clause even allows the information to be used to prosecute violations of the Espionage Act—a World War I era law that was meant to prosecute spies but has been used in recent years primarily to go after journalists’ sources. The provisions grant the government far too much leeway in how to use the information for non-cybersecurity purposes. The public won’t even know what information is being collected, shared, or used because the bill will exempt all of it from disclosure under the Freedom of Information Act.
  • The bill also retains near-blanket immunity for companies to monitor information systems, to share information, and to use countermeasures. The high bar immunizes an incredible amount of activity, including negligent damage to property and may deprive private entities of legal recourse if a computer security contractor is at fault for destruction of property. Existing private rights of action for violations of the Wiretap Act, Stored Communications Act, and the Computer Fraud and Abuse Act would be precluded or at least sharply restricted by the clause. It remains to be seen why such immunity is needed when just a few months ago, the FTC and DOJ noted they would not prosecute companies for sharing such information. It's also unclear because we continue to see companies freely share information among each other and with the government both publicly via published reports and privately.
Gary Edwards

Political Editors: Dick Morris Corrects the Record on Hillary Clinton - The Patriot Post - 0 views

  • Then Bill discusses Hillary’s legal career at the Rose Law firm. He doesn’t mention that she made partner when he was elected governor and was only hired when he got elected as attorney general. "He makes as if it was a public service job — it wasn’t. Her main job was to get state business, and she got tens-of-millions of dollars of state business, then hid her participation and the fees by taking an extra share of non-state business to compensate for the fees on state business that she brought in. Her other job was to call the state banking commissioner any time one of her banks got into trouble to get them off.
  • "Bill speaks at length how Hillary was a mother, juggling career and family, taking Chelsea to soccer games and stuff — that’s non-sense. Hillary was a mother but Chelsea in the Arkansas governor’s mansion had a staff of nannies and agents to drive her around and people to be with her, and Hillary didn’t have to bother with any of that. All of that was paid for by the state. "He says she became the warrior in chief over the family finances and that was true, and the result is she learned how to steal. "She accepted a $100,000 bribe from the poultry industry in return for Bill going easy on regulating them, despite new standards. Jim Blair, the poultry lobbyist, gave her $1,000 to invest in the Futures Market and lined up seven to eight other investors and their winnings were all deposited into Hillary’s account. She made $100,000 in a year and she was out. That essentially was a bribe.
  • ”[She did] a phony real-estate deal for Jim McDougal and the Madison Bank to deceive the federal regulators by pretending someone else was buying the property. She was called before a grand jury in 1995 about that but, conveniently, the billing records were lost, couldn’t be found and there wasn’t proof that she worked on it.
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  • “Bill talks about her work on the health care task force but doesn’t say the reason it didn’t pass was the task force was discredited because the meetings were all held in secret. A federal judge forced them open and fined the task force several hundred thousand dollars because of their secrecy. "He says that after the health care bill failed in 1994, Hillary went to work on adopting each piece of it piecemeal — mainly health insurance for children. "That is completely the opposite of the truth. The fact is when that bill failed, I called Hillary and I suggested that she support a proposal by Republican Bob Dole that we cover children, and she said, ‘We can’t just cover one part of this. You have to change everything or change nothing.’ Then in 1997 when I repeated that advice to Bill Clinton, we worked together to pass the Children’s Health Insurance Program. I found a lot of the money for that in the tobacco settlement that my friend Dick Scruggs was negotiating.
  • "Then Bill extols her record in the U.S. Senate. In fact, she did practically nothing. There were seven or eight bills that she introduced that passed; almost all of were symbolic — renaming a courthouse, congratulating a high school team on winning the championship. There was only one vaguely substantive bill, and that had a lot of co-sponsors of whom Hillary was just one.
  • "Then he goes to her record in the State Department and manages to tell that story without mentioning the word Benghazi, without mentioning her secret emails, without mentioning he was getting tens of millions — $220 million in speaking fees in return for favorable actions by the State Department.
  • "Also totally lacking in the speech was anything about the war on terror — terror is a word you don’t hear at the Democratic Convention. "Bill says that Hillary passed tough sanctions on Iran for their nuclear program. The opposite is true. "Every time a tough sanction bill was introduced by Senators Menendez or Kirk, Hillary would send Deputy Secretary Wendy Sherman to Capital Hill to testify against it and urge it not to pass, and it was over Hillary’s objections that those sanctions were put into place.
  • ”[Liberal columnist] Maureen Dowd called the speech by Bill Clinton “air brushed.” “It was a hell of a lot more than that — it was fiction. (Also see Morris’s comments after Clinton’s DNC acceptance speech. "It’s strategy and message will be interdicted by reality at every turn. … She basically has no message. … Her entire campaign is, ‘I’m a woman and I am running against Donald Trump. … She bean her speech by saying let’s compromise and work together. Is there any woman in the world less likely to compromise?”)
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    "Dick Morris is a nationally recognized political campaign adviser, analyst and author. He was the senior political adviser to Bill Clinton before and after his occupation of the White House. He was campaign manager of Clinton's 1996 re-election, and the architect of his successful "triangulation" rhetorical ruse. Clinton's communications director George Stephanopoulos said of Morris, "No single person had more power over [Bill Clinton]." This week, in a message entitled "What Bill Left Out, Morris corrected the record regarding Clinton's glowing remarks about Hillary Clinton, her personal attributes and professional achievements. Morris's insights into the Clintons are priceless. What follows is a transcript of Morris's comments: "Bill Clinton talked at length about Hillary's idealistic work in college and law school, but he omits that she was defending the Black Panthers who killed security guards; they were on trial in New Haven. She monitored the trial while she was in law school to find evidence that could be grounds for reversal in the event they were convicted. "That summer she went to work for the True-Haft (SP) law firm in CA, headed by True Haft who is the head of the CA Communist Party and that's when she got involved with Saul Alinsky, who became something of a mentor for the rest of her life. "Then Bill says that she went off to Massachusetts and he went to Arkansas, and eventually Hillary followed her heart to join him in Arkansas. He omits that she went to work for the Watergate Committee and was fired from that job for taking home evidence and hiding documents that they needed in the impeachment inquiry. Then she took the DC Bar exam and flunked it, she went to Arkansas because that is the only bar exam she could pass. "He talked about how in the 1970's she took all kinds of pro-bono cases to defend women and children. In her memoirs, she cites one which was a custody case and that's it. In fact, in 1975 she represen
Paul Merrell

Survey: One in four US adults burdened by medical debt - World Socialist Web Site - 0 views

  • A new survey shows that 26 percent of US adults ages 18-64 say they or someone in their household had problems paying their medical bills in the past 12 months. The Kaiser Family Foundation/New York Times Medical Bills Survey shows that those from all walks of life are saddled with medical debt, with the uninsured and low-income households carrying the heaviest burden.
  • Being uninsured has a strong correlation with medical bill difficulties, with 53 percent of the uninsured reporting problems paying household medical bills in the past year. However, as the survey’s findings point out, “insurance is not a panacea against these problems.” About one in five of those with insurance—either through an employer, Medicaid or purchased on their own—also report problems paying medical bills. Among those with private insurance, the prevalence of high-deductible health coverage significantly impacts the financial burden on households, with 26 percent of those with high-deductible coverage reporting difficulties paying their medical bills. Although the survey does not indicate which of those interviewed purchased their coverage through the Affordable Care Act (ACA), it is clear that the high deductible plans dominating the ACA marketplace are becoming increasingly common among plans sold by private insurance companies.
  • Not surprisingly, households with lower or moderate incomes are more likely to report problems paying their medical bills. Nearly four in 10 (37 percent) of those with household incomes below $50,000 report these problems, compared with 26 percent of those with incomes between $50,000 and $100,000, and 14 percent of those with household incomes greater than $100,000. Women are slightly more likely than men to experience problems paying medical bills (29 percent versus 23 percent), as are adults under age 30 compared with those ages 30-64 (31 percent versus 24 percent). Residents in the South reported the highest share of medical bill problems (32 percent), while those in the Northeast reported the lowest (18 percent). At 24 percent, whites reported slightly less difficulty pay their bills than blacks (31 percent) and Hispanics (32 percent). People with the greatest medical needs are also more likely to face problems paying their medical bills. Of those who say they have a disability that prevents them from participating fully in daily activities, 47 percent report medical bill problems. Among those who rate their own heath as fair or poor, 45 percent report these problems, while 34 percent of those who say they receive regular treatment for a chronic condition report problems.
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  • The medical bills burdening households are for a wide variety of medical services, both one-time events and chronic conditions. Of those surveyed, bills incurred included those for doctor visits (65 percent), diagnostic tests (65 percent), lab fees (64 percent) and emergency room visits (61 percent). About half say they had problems paying for prescription drugs, hospitalizations or dental care. Those surveyed were asked to briefly describe the illness or injury that led to their medical bills. Respondents describe the nightmare scenario in which they face the double impact of serious medical conditions and the inability to pay the bills incurred to treat them.
  • When asked to describe their financial situation, 43 percent of those who have experienced problems paying medical bills say they just scrape by covering their basic household expenses, while 18 percent say they don’t have the financial resources to cover them. The survey also shows that compared to those without medical debt, those with medical bill problems are less likely to have a credit card or a retirement savings account. Of those with difficulties paying bills, the total amount owed ranged from 10 percent owing $500 or less, to 24 percent owing $2,500 to less than $5,000, to 13 percent owing in excess of $10,000. For an individual or family living paycheck to paycheck, or facing unemployment, even a $500 unpaid medical bill—accompanied by calls from health providers’ offices or their bill collectors—can become an overwhelming burden. In a further cruel twist, those facing medical bill problems also often face the complicating factor of income loss due to an illness. Three in 10 respondents say someone in their household had to take a cut in pay or hours as a result of the illness that led to the medical bills, either due to the illness itself or in order to care for the person who was sick.
  • The ACA is contributing to and compounding these devastating financial conditions for millions of Americans. The program, popularly known as Obamacare, forces uninsured individuals to purchase coverage from for-profit insurers under threat of penalty, offering only modest subsidies to those who qualify. The most affordable of these plans come with deductibles in excess of $5,000 and other high out-of-pocket costs and there are no meaningful restraints on the premiums insurance companies can charge. These Obamacare plans are serving as a model for employer-sponsored coverage, where high-deductible plans are becoming more and more the norm. Architects of the ACA further predict that employer-sponsored coverage will largely be done away with by 2025.
  • The solution to the financial crisis ordinary Americans face paying their medical bills—along with the other scourges of the US for-profit medical system—lies in putting an end to the privately owned insurance companies, pharmaceuticals and giant health care chains and establishing socialized medicine.
Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
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  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
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    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
Gary Edwards

'Clinton death list': 33 spine-tingling cases - 0 views

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    "(Editor's note: This list was originally published in August 2016 and has gone viral on the web. WND is running it again as American voters cast their ballots for the nation's next president on Election Day.) How many people do you personally know who have died mysteriously? How about in plane crashes or car wrecks? Bizarre suicides? People beaten to death or murdered in a hail of bullets? And what about violent freak accidents - like separate mountain biking and skiing collisions in Aspen, Colorado? Or barbells crushing a person's throat? Bill and Hillary Clinton attend a funeral Apparently, if you're Bill or Hillary Clinton, the answer to that question is at least 33 - and possibly many more. Talk-radio star Rush Limbaugh addressed the issue of the "Clinton body count" during an August show. "I swear, I could swear I saw these stories back in 1992, back in 1993, 1994," Limbaugh said. He cited a report from Rachel Alexander at Townhall.com titled, "Clinton body count or left-wing conspiracy? Three with ties to DNC mysteriously die." Limbaugh said he recalled Ted Koppel, then-anchor of ABC News' "Nightline," routinely having discussions on the issue following the July 20, 1993, death of White House Deputy Counsel Vince Foster. In fact, Limbaugh said, he appeared on Koppel's show. "One of the things I said was, 'Who knows what happened here? But let me ask you a question.' I said, 'Ted, how many people do you know in your life who've been murdered? Ted, how many people do you know in your life that have died under suspicious circumstances?' "Of course, the answer is zilch, zero, nada, none, very few," Limbaugh chuckled. "Ask the Clintons that question. And it's a significant number. It's a lot of people that they know who have died, who've been murdered. "And the same question here from Rachel Alexander. It's amazing the cycle that exists with the Clintons. [Citing Townhall]: 'What it
Paul Merrell

Canadians have united to reject fear and stop Bill C-51. Will the government listen? | ... - 0 views

  • It's rare in Canadian politics to see intense public interest in government legislative proposals -- let alone to see Canadians take to the streets in the tens of thousands to protest a piece of legislation by name. Yet that's exactly what has happened in the case of Bill C-51, which critics, including The Globe and Mail's editorial team, say will undermine basic democratic values and lead to the creation of a "secret police force" in Canada. In the space of a few short months since Bill C-51 was announced, hundreds of thousands of people have taken action to stop it: signing petitions, writing letters to local newspapers, phoning and writing to their member of Parliament, and hitting the streets in nationwide demonstrations in over 70 communities across Canada. It's not hard to see why so many people are concerned. Canada's top privacy and security experts warn that this legislation will undermine democratic rights Canadians have enjoyed for generations. For example, according to professors Craig Forcese and Kent Roach, who have conducted a detailed legal analysis of the legislation, Bill C-51 will:
  • Undermine Canadians' privacy by allowing widespread information disclosures among government agencies, and by giving the Canadian Security and Intelligence Service (CSIS) access to personal information held by up to 17 government departments. Even Stephen Harper has admitted that these kinds of dragnet surveillance measures are ineffective. Chill free speech online by criminalizing what is loosely defined as the promotion of "terrorism offences in general" and even showing "reckless disregard" for whether a particular post may encourage a violent act. As Forcese and Roach point out in their testimony to the Senate Standing Committee on National Security and Defence, "The new speech crime in our view violates freedom of expression because it reaches well beyond the sort of speech that threatens actual violence." Dramatically expand the powers of CSIS, without any commensurate increase in oversight or review measures. The legislation even allows CSIS to obtain a warrant permitting them to break the law and contravene the Charter rights of Canadians. Under C-51, such warrants would be granted in a secret hearing, with no representation from the target of such measures, and with no right of appeal.
  • So it's no surprise that Canadians are worried. What is unprecedented however, is the sheer number of Canadians taking part in the campaign to stop the bill. My organization, OpenMedia, has been campaigning on privacy issues for years -- but in all our time, we've never seen a public outpouring quite like this. Our joint efforts are clearly having an impact: public opinion has swung dramatically against Bill C-51 since it was announced. Support has plummeted, with a recent Forum Research poll finding that 56 per cent of Canadians now oppose Bill C-51, with just 33 per cent in favour. The business community, civic society groups, and principled conservatives have all spoken out. Sadly, there's no sign that the government is listening. At the time of writing, the government seems determined to use its majority to ram the legislation through the Commons in the coming weeks. What's even more worrying is that this reckless, dangerous, and ineffective legislation will further undermine Canadians' privacy rights -- rights that have already been seriously damaged by the government's Bill C-13, passed late last year, and by the government's failure to address the mass surveillance activities of its Canadian Security Establishment (CSE) intelligence agency.
Paul Merrell

Activists send the Senate 6 million faxes to oppose cyber bill - CBS News - 0 views

  • Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.
  • CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.
  • Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.
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    From an Fight For the Future mailing: "Here's the deal: yesterday the Senate delayed its expected vote on CISA, the Cybersecurity Information Sharing Act that would let companies share your private information--like emails and medical records--with the government. "The delay is good news; but it's a delay, not a victory. "We just bought some precious extra time to fight CISA, but we need to use it to go big like we did with SOPA or this bill will still pass. Even if we stop it in September, they'll try again after that. "The truth is that right now, things are looking pretty grim. Democrats and Republicans have been holding closed-door meetings to work out a deal to pass CISA quickly when they return from recess. "Right before the expected Senate vote on CISA, the Obama Administration endorsed the bill, which means if Congress passes it, the White House will definitely sign it.  "We've stalled and delayed CISA and bills like it nearly half a dozen times, but this month could be our last chance to stop it for good." See also http://tumblr.fightforthefuture.org/post/125953876003/senate-fails-to-advance-cisa-before-recess-amid (;) http://www.cbsnews.com/news/activists-send-the-senate-6-million-faxes-to-oppose-cyber-bill/ (;) http://www.npr.org/2015/08/04/429386027/privacy-advocates-to-senate-cyber-security-bill (.)
Gary Edwards

How to Avoid Blame and Maintain the GOP Brand as the Low-Tax Party | Western Free Press - 0 views

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    I like it!  Great idea ..... excerpt: "Pass two simple bills in the House.  Bill A extends current tax rates for those with incomes of $250,000 or less.  Bill B extends current tax rates for all the rest.  Keep both bills just that simple - include nothing else in either one.  Both will pass in the House thanks to the Republican majority. As the bills are moving to the Senate, Speaker Boehner holds a press conference and begins with a short address to the American public to promote both bills. First, Boehner points out that Bill A should pass the Senate promptly and be signed by the president.  Reid and Obama have promised as much. Second, the Speaker points out that Bill B will be likely be blocked in the Senate and/or on the president's desk.  Reid and Obama have (virtually) promised to do that too. "
Gary Edwards

How to Avoid Blame and Maintain the GOP Brand as the Low-Tax Party | Western Free Press - 0 views

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    Lots of comments posted on this page.  Search for "Econ101" and "garylyn" to find my comments.  I have posted here a surprisingly extensive explanation of how i became a libertarian. excerpt: "How's this for a simple GOP strategy to avoid blame for fiscal-cliff tax-rate increases and seize the public relations initiative from an overconfident president? Pass two simple bills in the House.  Bill A extends current tax rates for those with incomes of $250,000 or less.  Bill B extends current tax rates for all the rest.  Keep both bills just that simple - include nothing else in either one.  Both will pass in the House thanks to the Republican majority. As the bills are moving to the Senate, Speaker Boehner holds a press conference and begins with a short address to the American public to promote both bills. First, Boehner points out that Bill A should pass the Senate promptly and be signed by the president.  Reid and Obama have promised as much. Second, the Speaker points out that Bill B will be likely be blocked in the Senate and/or on the president's desk.  Reid and Obama have (virtually) promised to do that too. "
Paul Merrell

Netanyahu-Mossad Split Divides U.S. Congress on Iran Sanctions - Bloomberg View - 0 views

  • The Israeli intelligence agency Mossad has broken ranks with Prime Minister Benjamin Netanyahu, telling U.S. officials and lawmakers that a new Iran sanctions bill in the U.S. Congress would tank the Iran nuclear negotiations. Already, the Barack Obama administration and some leading Republican senators are using the Israeli internal disagreement to undermine support for the bill, authored by Republican Mark Kirk and Democrat Robert Menendez, which would enact new sanctions if current negotiations falter. Bob Corker, chairman of the Senate Foreign Relations Committee  -- supported by Republican Senators Lindsay Graham and John McCain -- is pushing for his own legislation on the Iran nuclear deal, which doesn't contain sanctions but would require that the Senate vote on any pact that is agreed upon in Geneva. The White House is opposed to both the Kirk-Menendez bill and the Corker bill; it doesn't want Congress to meddle at all in the delicate multilateral diplomacy with Iran.
  • Israeli intelligence officials have been briefing both Obama administration officials and visiting U.S. senators about their concerns on the Kirk-Menendez bill, which would increase sanctions on Iran only if the Iranian government can't strike a deal with the so-called P5+1 countries by a June 30 deadline or fails to live up to its commitments. Meanwhile, the Israeli prime minister’s office has been supporting the Kirk-Menendez bill, as does the American Israel Public Affairs Committee, ahead of what will be a major foreign policy confrontation between the executive and legislative branches of the U.S. government in coming weeks. Evidence of the Israeli rift surfaced Wednesday when Secretary of State John Kerry said that an unnamed Israeli intelligence official had said the new sanctions bill would be “like throwing a grenade into the process.” But an initial warning from Israeli Mossad leaders was also delivered last week in Israel to a Congressional delegation -- including Corker, Graham, McCain and fellow Republican John Barrasso; Democratic Senators Joe Donnelly and Tim Kaine; and independent Angus King -- according to lawmakers who were present and staff members who were briefed on the exchange. When Menendez (who was not on the trip) heard about the briefing, he quickly phoned Israeli Ambassador to the U.S. Ron Dermer to seek clarification. Barrasso told us Tuesday that different parts of the Israeli government told the delegation different things. “We met with a number of government officials from many different parts of the government. There’s not a uniform view there,” he said.
  • Menendez is so livid at the administration, he decried its efforts to avert Congressional action on Iran at the hearing, telling Deputy Secretary of State Tony Blinken: “You know, I have to be honest with you, the more I hear from the administration in its quotes, the more it sounds like talking points that come straight out of Tehran.” Tuesday night, Obama threatened to veto the Kirk-Menendez bill if it passes Congress. Wednesday morning, House Speaker John Boehner responded by announcing that Netanyahu has accepted his invitation to address a joint session of Congress on Feb. 11, just as Congress is likely to be embroiled in a legislative fight over both bills. Boehner told fellow Republicans that he was specifically inviting Netanyahu to address the threat posed by radical Islam and Iran. Netanyahu is expected to deliver full-throated support for sanctions. The administration is upset that Netanyahu accepted Boehner’s invitation without notifying them, the latest indication of the poor relationship between the Israeli government and the White House. Two senior U.S. officials tell us that the Mossad has also shared its view with the administration that if legislation that imposed a trigger leading to future sanctions on Iran was signed into law, it would cause the talks to collapse.
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  • The Israeli view shared with Corker and other senators also mirrors the assessment from the U.S. intelligence community. “We’ve had a standing assessment on this,” one senior administration official told us. “We haven’t run the new Kirk-Menendez bill through the process, but the point is that any bill that triggers sanctions would collapse the talks. That’s what the assessment is.” Another intelligence official said that the Israelis had come to the same conclusion.  This is not the first time Israel’s Mossad has been at odds with Netanyahu on Iran. In December 2010, former Mossad chief Meir Dagan told Israeli reporters that he had openly opposed an order from Netanyahu to prepare a military attack on Iran. At the time, Obama was also working to persuade the Israeli prime minister to hold off on attacking Iran. Iranian diplomats have also routinely threatened to leave the talks if new sanctions were imposed. Javad Zarif, Iran’s foreign minister, at the end of December said new sanctions would “violate the spirit” of the negotiations that have been going on for more than a year now. Despite the intelligence analyses, however, predicting Iranian behavior is no exact science. There is still much about Iran’s program that U.S. spies do not know. In November, former CIA director Michael Hayden told Congress that U.S. intelligence assessments do not have a “complete picture” of the extent of Iran’s nuclear program.
  • On Capitol Hill, the fight over how to proceed against the administration is far from over. The Senate Banking Committee was supposed to mark up the Kirk-Menendez bill on Thursday, but the session was delayed by one week. Some Senate staffers told us that Democrats asked for the delay because Menendez wants to get more Democrats to commit to his bill before he goes public. A main pitch of the Kirk-Menendez bill is that is could garner bipartisan -- even perhaps veto-proof -- support in the face of Obama's disapproval. So far, most Democrats have stayed on the sidelines, especially after Obama and Menendez got into a heated argument over the bill at last week’s private Democratic retreat. Kirk and Menendez softened their proposal to make it more palatable to Democrats, by giving the president more flexibility than the previous version and providing the administration waivers after the fact. Corker, Graham and McCain are trying to woo Democrats to their side by arguing that avoiding sanctions language altogether and simply mandating that the Senate get a vote is a more bipartisan approach. There are only a handful of Democrats that will support any Iran bill, so competition for these votes is heated.
  • Update, 12 p.m. Jan. 22:  The Israeli prime minister's office released a statement Thursday about Mossad chairman Tamir Pardo’s meeting with the U.S. Senate delegation last weekend. The statement said Pardo didn’t oppose new sanctions on Iran but acknowledged that Pardo used the term “hand grenade” to describe the effect new sanctions would have on the nuclear negotiations with Iran. “He used this term to describe the possibility of creating a temporary breakdown in the talks, at the end of which the negotiations will be restarted under better conditions,” the statement said. “The Mossad chairman explicitly pointed out that the agreement that is being reached with Iran is bad, and may lead to a regional arms race.”
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    My advice to Obama: tell John Kerry  to change Netanyahu's visa to impose travel restrictions, allowing him to travel only  to New York City  (where the U.N. is located). within the U.S. The U.S. did that routinely with Soviet Union officials during the Cold War days. That will teach Netanyahu a lesson he will remember, that  in the U.S. the Executive Branch has control of diplomatic relations. Netanyahu has already faced heavy criticism in Israel for straining relations with Obama. He's currently facing heavy criticism for forcing his way  into the Charlie Hebdo march in Paris after President Hollande had specifically requested that he not take part and for having the idocy to tell French Jews that they could never have a home if they did not emigrate to Israel. If  the Obama Administration makes a public issue out of Netanyahu's latest affront, it might well cost Netanyahu re-eloection as Prime Minister next month. That decision lies in the hands of a single Israeli official who will choose which party is to try to form a new ruling coalition of parties. Mr. Netanyahu's Likud Party has no guarantee of getting that nod.  
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 3) U.S. court proceedings.
  • 4) Greater individual demand for, and use of, encryption.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
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    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

Israel's settlement law: Consolidating apartheid | Israel | Al Jazeera - 0 views

  • "Israel has just opened the 'floodgates', and crossed a 'very, very thick red line'." These were the words of Nickolay Mladenov, United Nations' Coordinator for the Middle East Peace Process, in response to the passing of a bill at the Israeli Knesset on February 7 that retroactively legalises thousands of illegal settler homes, built on stolen Palestinian land. Mladenov's job title has grown so irrelevant in recent years that it merely delineates a reference to a bygone era: a "peace process" that has ensured the further destruction of whatever remained of the Palestinian homeland. Israeli politicians' approval of the bill is indeed an end of an era. We have reached the point where we can openly declare that the so-called peace process was an illusion from the start, for Israel had no intentions of ever conceding the occupied West Bank and East Jerusalem to the Palestinians. In response to the passing of the bill, many news reports alluded to the fact that the arrival of Donald Trump in the White House, riding a wave of right-wing populism, was the inspiration needed by equally right-wing Israeli politicians to cross that "very, very thick red line". There is truth to that, of course. But it is hardly the whole story.
  • The political map of the world is vastly changing. Just weeks before Trump made his way to the Oval Office, the international community strongly condemned Israel's illegal settlements on Palestinian land occupied since 1967, including East Jerusalem.
  • That date, Trump's inauguration was the holy grail for Israel's right-wing politicians, who mobilised immediately after Trump's rise to power. Israel's intentions received additional impetus from Britain's Conservative Prime Minister, Theresa May. Despite her government vote to condemn Israeli settlements at the UN, she too ranted against the US for its censure of Israel.
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  • The so-called "Regulation Bill" will retroactively validate 4,000 illegal structures built on private Palestinian land. In the occupied Palestinian territories, all Jewish settlements are considered illegal under international law, as further indicated in UNSC Resolution 2334. There are also 97 illegal Jewish settlement outposts - a modest estimation - that are now set to be legalised and, naturally, expanded at the expense of Palestine. The price of these settlements has been paid mostly by US taxpayers' money, but also the blood and tears of Palestinians, generation after generation. It is important, though, that we realise that Israel's latest push to legalise illegal outposts and annex large swaths of the West Bank is the norm, not the exception.
  • With the UK duly pacified, and the US in full support of Israel, moving forward with annexing Palestinian land became an obvious choice for Israeli politicians. Bezalel Smotrich, a Knesset member of the extremist Jewish Home party, put it best. "We thank the American people for voting Trump into office, which was what gave us the opportunity for the bill to pass," he said shortly after the vote.
  • But what is the Palestinian leadership doing about it? "I can't deny that the (bill) helps us to better explain our position. We couldn't have asked for anything more," a Palestinian Authority official told Al-Monitor on condition of anonymity, as quoted by Shlomi Elder. WATCH: 'The settlers and the guards harass us and our children' (2:35) Elder writes: "The bill, whether it goes through or is blocked by the Supreme Court, already proves that Israel is not interested in a diplomatic resolution of the conflict."
  • The greatest mistake that the Palestinian leadership has committed (aside from its disgraceful disunity) was entrusting the US, Israel's main enabler, with managing a "peace process" that has allowed Israel time and resources to finish its colonial projects, while devastating Palestinian rights and political aspirations. Returning to the same old channels, using the same language, seeking salvation at the altar of the same old "two-state solution" will achieve nothing, but to waste further time and energy. It is Israel's obstinacy that is now leaving Palestinians (and Israelis) with one option, and only one option: equal citizenship in one single state or a horrific apartheid. No other "solution" suffices. In fact, the Regulation Bill is further proof that the Israeli government has already made its decision: consolidating apartheid in Palestine. If Trump and May find the logic of Netanyahu's apartheid acceptable, the rest of the world shouldn't. In the words of former President Jimmy Carter, "Israel will never find peace until it ... permit(s) the Palestinians to exercise their basic human and political rights." That Israeli "permission" is yet to arrive, leaving the international community with the moral responsibility to exact it.
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    Not mentioned in the article: the Knesset's Regulation Bill formally annexed territory inside the West Bank and holds that Israeli law, rather than military law, will now govern the annexed portions. That is the fact that establishes a clean break with the 2-state solution and flies in the face of international law including the Fourth Geneva Convention, which strictly prohibits annexation and requires the immediate withdrawal of invading military forces from occupied territories immediately upon cessation of hostilities, which occurred in 1967. The two-state solution is dead, although the Regulation Bill will likely be overturned by the Israeli Supreme Court. Trump gave Israel's ultra-right wing leaders way too much encouragement.
Paul Merrell

Iranians draft bill to up enrichment to 60 percent | The Times of Israel - 0 views

  • Iranian parliamentarians have proposed a bill to increase uranium enrichment to 60 percent in the event of new Western sanctions, the Iranian Press TV reported Wednesday. In addition to raising the enrichment level significantly, the draft, signed by 100 legislators, would resume activity at the Arak heavy water reactor.
  • “If the bill is approved, the government will be obliged to complete nuclear infrastructure at the Fordo and Natanz [enrichment facilities] if sanctions [against Iran] are ratcheted up, new sanctions are imposed, the country’s nuclear rights are violated and the Islamic Republic of Iran’s peaceful nuclear rights are ignored by members of the P5+1,” Seyyed Mehdi Mousavinejad, an Iranian lawmaker, said on Wednesday, according to Press TV.
  • The new bill would be in direct violation of the November 24 interim agreement forged between Iran and six world powers, under which Tehran agreed to halt work at Arak, cap its enrichment at five percent, and neutralize its stockpile of 20% enriched uranium. That agreement has not yet been implemented, because the sides still have to resolve “technical details.” The proposal also serves as a message to world powers about the Iranian commitment to advancing the nuclear program, lawmakers said. “The bill is aimed at giving an upper hand to our government and the negotiating team… It will allow the government to continue our nuclear program if the Geneva deal fails,” Hossein Taghavi Hosseini, spokesman for parliament’s National Security and Foreign Affairs committee, said, according to IRNA.
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  • The bill was presented to the parliament’s presiding board and will be voted on at a later date, Iranian media reported. The drafting of the bill came days after a group of US senators proposed The Nuclear Weapon Free Iran Act, which would ramp up sanctions against Iran in the event that the Islamic Republic violates the interim deal, or should later nuclear talks fail to produce a long-term agreement.
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    Hawks on all fronts trying to blow up the negotiations with Iran, including inside Iran. However, the article errs somewhat in stating that the Iranian bill would violate the interim agreement between Iran and the PF+1 nations. The bill as reported would only take effect if new sanctions are adopted by the U.S. In the interim agreement, Obama committed to vetoing any new sanctions enacted during the period of the interim agreement. So the actual position of the Iranian legislators is that the U.S. has to violate the agreement before the bill would take effect.   But I think this is a blunder anyway. Iran has no need to enrich uranium beyond 20 per cent, which is the maximum allowed under the Nuclear Nonproliferation Agreement. This bit of grandstanding will be used by Iran's enemies as "proof" that Iran has nuclear weapon ambitions.   However, I'm sensitive to the fact that this is an article in The Times of Israel, which often puts a rather overt Zionist spin on news. I'll be watching for less prejudiced sources on this issue.
Paul Merrell

Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
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  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
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    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
Gary Edwards

Bankers Get $4 Trillion Gift From Barney Frank: David Reilly - Bloomberg - 1 views

  •  
    excerpt: "While banks opposed the legislation, they should cheer for its passage by the full Congress in the New Year: There are huge giveaways insuring the government will again rescue banks and Wall Street if the need arises. Nuggets Gleaned Here are some of the nuggets I gleaned from days spent reading Frank's handiwork: -- For all its heft, the bill doesn't once mention the words "too-big-to-fail," the main issue confronting the financial system. Admitting you have a problem, as any 12- stepper knows, is the crucial first step toward recovery. -- Instead, it supports the biggest banks. It authorizes Federal Reserve banks to provide as much as $4 trillion in emergency funding the next time Wall Street crashes. So much for "no-more-bailouts" talk. That is more than twice what the Fed pumped into markets this time around. The size of the fund makes the bribes in the Senate's health-care bill look minuscule. -- Oh, hold on, the Federal Reserve and Treasury Secretary can't authorize these funds unless "there is at least a 99 percent likelihood that all funds and interest will be paid back." Too bad the same models used to foresee the housing meltdown probably will be used to predict this likelihood as well. More Bailouts -- The bill also allows the government, in a crisis, to back financial firms' debts. Bondholders can sleep easy -- there are more bailouts to come. -- The legislation does create a council of regulators to spot risks to the financial system and big financial firms. Unfortunately this group is made up of folks who missed the problems that led to the current crisis. -- Don't worry, this time regulators will have better tools. Six months after being created, the council will report to Congress on "whether setting up an electronic database" would be a help. Maybe they'll even get to use that Internet thingy. -- This group, among its many powers, can restrict the ability of a financial firm to trade for its own account. Perha
Paul Merrell

White House threatens to veto 9/11 lawsuit bill - CNNPolitics.com - 0 views

  • A bipartisan bill to let families victimized by the 9/11 terrorist attacks sue Saudi Arabia ran into sharp setbacks Monday, as the White House threatened a veto and a GOP senator privately sought to block the measure.The move comes as presidential candidates from both parties are seizing on the legislation to score points with New York voters ahead of Tuesday's critical primary there.And it has pit the likely next Senate Democratic leader, Chuck Schumer of New York, squarely against the Obama administration.The White House and State Department are bluntly warning lawmakers not to proceed with the legislation over fears it could have dramatic ramifications for the United States and citizens living abroad to retaliatory lawsuits. The President lands in Riyadh Wednesday for talks with Saudi Arabia over ISIS and Iran at a time of strained relations between the countries, making the bill's timing that much more sensitive.
  • The stepped-up lobbying against the legislation comes as it is coming up against fresh roadblocks on Capitol Hill, with party leaders learning that a GOP senator is objecting to taking up the bill, according to a source familiar with the legislation. The senator's identity has not yet been revealed publicly.Proponents of the measure, for their part, are beginning to intensify their pressure campaign."If Saudi Arabia participated in terrorism, of course they should be able to be sued," Schumer said Monday. "This bill would allow a suit to go forward and victims of terrorism to go to court to determine if the Saudi government participated in terrorist acts. If the Saudis did, they should pay a price."Speaking to reporters Monday, White House spokesman Josh Earnest fired back, warning that it would jeopardize international sovereignty and put the U.S. at "significant risk" if other countries adopted a similar law."It's difficult to imagine a scenario where the President would sign it," Earnest said.
  • The bill, which Schumer and Senate Majority Whip John Cornyn of Texas are pushing, would prevent Saudi Arabia and other countries alleged to have terrorist ties from invoking their sovereign immunity in federal court.Saudi Arabia has long denied any role in the 9/11 attacks, but victims' families have repeatedly sought to bring the matter to court, only to be rebuffed after the country has invoked legal immunity allowed under current law."It makes minor adjustments to our laws that would clarify the ability of Americans attacked on U.S. soil to get justice from those who have sponsored that terrorist attack," Cornyn said of the bill, which is entitled the Justice Against Sponsors of Terrorism Act.
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  • As pressure grows on Congress to let 9/11 victims' families pursue their claims against Saudi Arabia in federal court, Saudi officials are quickly pushing back.In a stark warning to members of Congress, Saudi Foreign Minister Adel al-Jubeir warned lawmakers last month in Washington that his kingdom would sell $750 billion in U.S. assets, including treasury securities, if the measure became law, sources familiar with the matter told CNN. The development was first reported in The New York Times.Cornyn, however, dismissed the threat.
  • Presidential candidates were also unmoved. Ahead of the New York primary, former Secretary of State Hillary Clinton and Vermont Sen. Bernie Sanders quickly sought to align themselves with the Cornyn-Schumer bill.After Clinton said in a Sunday appearance on ABC that she had to study the bill and would not take a position, a spokesman later said she backs the bill.Sanders, in a statement Sunday night, announced that he supports the bill and called on the Obama administration to declassify the 28 pages of the 9/11 report that could implicate Saudi Arabia. Other presidential candidates jumped into the fray, including GOP front-runner Donald Trump.Appearing on the Joe Piscopo Show, a New York radio program, Trump evinced no concern about Saudi Arabia's threat to sell off U.S. assets."Let 'em sell 'em," Trump said. "No big deal."Trump added: "Hey, look, we protect Saudi Arabia. We protect them for peanuts. If we weren't protecting them, they wouldn't be there for a week."
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    Sounds like the bill would also open the doors to suing Israel for 9-11. Could be interesting because that's where much of the evidence points, incliding the all important answer to the question, qui bono (who benefits).  
Paul Merrell

WA State Bill Proposes Criminalizing Help to NSA, Turning Off Resources to Yakima Facil... - 0 views

  • The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
  • The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
  • Lawmakers in Oklahoma, California and Indiana have already introduced similar legislation, and a senator in Arizona has committed to running it there, but Washington counts as the first state with an actual NSA facility within its borders to consider the Fourth Amendment Protection Act. The NSA operates a listening center on the Army’s Yakima Training Center (YTC). The NSA facility is in Taylor’s district, and he said he cannot sit idly by while a secretive facility in his own backyard violate the rights of people everywhere. “We’re running the bill to provide protection against the ever increasing surveillance into the daily lives of our citizens,” he said. “Our Founding Fathers established a series of checks and balances in the Constitution. Given the federal government’s utter failure to address the people’s concerns, it’s up to the states to stand for our citizens’ constitutional rights.”
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  • According to documents made public by the US Military, as of 2008, a company called PacifiCorp serves as the primary supplier of electric power, and Cascade Natural Gas Corporation supplies natural gas to YTC. The Kittitas Public Utility District, a function of the state of Washington, provides electric power for the MPRC and the Doris site, but no documentation has yet proven that it also provides electricity used directly by the NSA facility on site. And while YTC does provide a bulk of its own water, documents also show that some of it gets there by first passing through upstream dams owned and operated by the State. The Army report states, “YTC lies within three WAUs whose boundaries coincide with WRIAs, as defined by the State of Washington natural resource agencies.” WAU’s are Washington State Water Administration Units. WRIAs are Washington State Water Resource Inventory Areas A Washington company also has a strong link to the NSA. Cray Inc. builds supercomputers for the agency.
  • If the bill passes, it would set in motion actions to stop any state support of the Yakima center as long as it remains in the state, and could make Cray ineligible for any contracts with the state or its political subdivisions. Three public universities in Washington join 166 schools nationwide partnering with the NSA. Taylor’s bill would address these schools’ status as NSA “Centers of Academic Excellence,” and would bar any new partnerships with other state colleges or universities. Tenth Amendment Center national communications director Mike Maharrey says the bills prohibition against using unconstitutionally gathered data in state court would probably have the most immediate impact. In fact, lawmakers in Kansas and Missouri will consider bills simply addressing this kind of data sharing.
  • “We know the NSA shares data with state and local law enforcement. We know from a Reuters report that most of this shared data has absolutely nothing to do with national security issues. This bill would make that information inadmissible in state court,” he said. “This data sharing shoves a dagger into the heart of the Fourth Amendment. This bill would stop that from happening. This is a no-brainer. Every state should do it.” Maharrey said he expects at least three more states to introduce the act within the next few weeks. “This idea is catching fire,” he said. “And why wouldn’t it? We have an out of control agency spying on virtually everybody in the world. We have a president and a Congress that appears poised to maybe put a band aid on it. Americans are realizing if we are going to slow down the NSA, we are going to have to take a different approach. This is it.”
Gary Edwards

Bill of Rights: Alexander Hamilton, Federalist, no. 84, 575--81 - 0 views

  • The most considerable of these remaining objections is, that the plan of the convention contains no bill of rights. Among other answers given to this, it has been upon different occasions remarked, that the constitutions of several of the states are in a similar predicament.
  • It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince.
  • It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.
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  • the people surrender nothing, and as they retain every thing, they have no need of particular reservations.
  • "We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."
  • I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted.
  • For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
  • I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power.
  • The truth is, after all the declamation we have heard, that the constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS
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    University of Chicago publication on the Web of all Federalist Papers.  The question i was researching had to do with Michael Hickens comparison of Hamilton to FDR (Franklin Delano Roosevelt).  I was looking for some are where there might be some measure of "agreement" between Hamilton and FDR. Hamilton of course is known as a great defender of personal liberty, LIMITED government, and the importance of ENUMERATED powers in the Constitution.  In this paper he argues that the call for a Bill of Rights added to the proposed Constitution is uneccessary exactly because the people did not grant to the government the powers to infringe or take away any freedoms/rights to begin with.  He further argues that enumerating these "rights" would suggest that somehow the federal government would have this power!  Even though it's enumerated in the Constitution.  So why write an enumerated Constitution if you have to further enumerate the rights of the people beyond the limits of government? FDR of course is the great statist/socialist who believed that the Constitution doesn't go far enough in it's obligations to CARE for the people's needs.  So FDR proposed a second Bill of Rights that expanded the governments responsibilities and POWER to provide for damn near every physical and material need a person might ever have.   Two interesting "value statements" to consider.  Guess which one would be supported by that great Federalist, Hamilton.  And which by that great statist/socialist, FDR? Karl Marx: "From each, according to his ability; to each, according to his need" The Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, " And then there's t
Paul Merrell

Tech giants oppose NSA reform bill for timid safeguards against spying - RT USA - 0 views

  • Ahead of Thursday’s US House vote on a bill sold as reform of a major US government spying program, top technology firms like Google have joined civil liberties and privacy groups in calling the legislation inadequate in fighting mass surveillance. The Reform Government Surveillance coalition – AOL, Apple, Dropbox, Facebook, Google, LinkedIn, Microsoft, Twitter, and Yahoo – offered a statement on Wednesday denouncing the USA Freedom Act as a weak attempt at ending the government’s bulk storage of domestic phone metadata.
  • The USA Freedom Act would take the mass storage of phone records away from the government. Instead, telecommunications companies would be required to store the data. The bill would require the National Security Agency to get approval to search the telecoms’ cache of records from the often-compliant Foreign Intelligence Surveillance Court. Last-minute changes to the bill rankled privacy groups on Tuesday, leading many of them to decry the backdoor dealings as responsible for a “weakened,” “watered down” bill compared to what had previously passed the House Judiciary and Intelligence Committees earlier this month. On Wednesday, the tech coalition echoed these concerns, calling the amended legislation a move “in the wrong direction” of needed reform regarding mass surveillance. "The latest draft opens up an unacceptable loophole that could enable the bulk collection of Internet users' data," the coalition said. "While it makes important progress, we cannot support this bill as currently drafted and urge Congress to close this loophole to ensure meaningful reform." The loophole referred to by the coalition pertains to the USA Freedom Act’s definition for how and when government officials can search collected phone metadata records.
  • The new language – approved by House leaders and the Obama administration in recent days – modifies the prohibitions on bulk collection of domestic data to allow government officials to search for Americans’ phone records using a “a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought.” This revised standard for the USA Freedom Act’s reform of surveillance is too broad and leaves privacy protections at risk, civil liberties groups said on Tuesday. In addition, the legislation’s new language also weakens the bill’s transparency provisions which outlined how much technology companies can disclose to customers about the extent of government requests of user data.
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  • In addition to the tech coalition’s protest, the Computer & Communications Industry Association – whose members include Pandora, Samsung, Sprint, and others – said Wednesday it would “not support consideration or passage of the USA Freedom Act in its current form." The Obama administration publicly threw its support behind the amended USA Freedom Act, saying the bill would “provide the public greater confidence in our programs and the checks and balances in the system.” “The bill ensures our intelligence and law enforcement professionals have the authorities they need to protect the nation, while further ensuring that individuals’ privacy is appropriately protected when these authorities are employed,” the White House included.
  • Lawmakers opposed to the secretive negotiations attempted on Tuesday to counter the weakened surveillance reform bill by offering an amendment to the National Defense Authorization Act (NDAA) that is “materially identical” to the version of the USA Freedom Act that was advanced by the House Judiciary and Intelligence Committees earlier this month. Yet the amendment was denied by the House Rules Committee late Tuesday. The House is now scheduled to vote on the USA Freedom Act on Thursday under closed rules, which forbids adding amendments before the final vote.
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    The Obama Administration and NSA supporters in the House of Representatives resort to a successful last-minute ambush attack to eviscerate the modest reforms proposed in the USA Freedom Act. 
Paul Merrell

NSA surveillance reform bill passes House by 303 votes to 121 | World news | theguardia... - 0 views

  • The first legislation aimed specifically at curbing US surveillance abuses revealed by Edward Snowden passed the House of Representatives on Thursday, with a majority of both Republicans and Democrats.But last-minute efforts by intelligence community loyalists to weaken key language in the USA Freedom Act led to a larger-than-expected rebellion by members of Congress, with the measure passing by 303 votes to 121.The bill's authors concede it was watered down significantly in recent days, but insist it will still outlaw the practice of bulk collection of US telephone metadata by the NSA first revealed by Snowden.Some members of Congress were worried that the bill will fail to prevent the National Security Agency from continuing to collect large amounts of data on ordinary US citizens.
  • “Perfect is rarely possible in politics, and this bill is no exception,” said Republican Jim Sensenbrenner, who has led efforts on the House judiciary committee to rein in the NSA.“In order to preserve core operations of the intelligence and law enforcement agencies, the administration insisted on broadening certain authorities and lessening certain restrictions. Some of the changes raise justifiable concerns. I don’t blame people for losing trust in their government, because the government violated their trust.”
  • But the revised language lost the support of several influential members of the judiciary committee who had previously voted for it, including Republicans Darrell Issa, Ted Poe and Raul Labrador and Democrat Zoe Lofgren.Issa also chairs the House oversight committee. Adam Smith, the most senior Democrat on the armed services committee, also voted against the bill.“Regrettably, we have learned that the intelligence community will run a truck through ambiguity,” said Lofgren during an hour and 15 minutes of debate which preceded the vote. No amendments were allowed.
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  • After the vote, Mark Jaycox, a legislative analyst at the Electronic Frontier Foundation, said: “The bill is littered with loopholes. The problem right now, especially after multiple revisions, is that it doesn't effectively end mass surveillance.”In a statement, Zeke Johnson, the director of Amnesty International USA's security and human rights program, said the House had “failed to deliver serious surveillance reform”.
  • The size of the rebellion and the seniority of the rebels may support efforts to tighten language in the legislation as it makes its way to the Senate.Senator Patrick Leahy, the chair of the Senate judiciary committee and the lead Democratic author of the Freedom Act, said that the actions of the house in passing it was an “important step towards reforming our nation's surveillance authorities”which “few could have predicted less than a year ago.”However, in a statement issued on Thursday, Leahy expressed disappointment that the bill, which he had introduced jointly with Sensenbrenner in October, had been diluted.
  • Senator Ron Wyden, the Oregon Democrat who has waged an often lonely campaign against NSA surveillance, said he opposed the House bill in the form that passed on Thursday. "I am gravely concerned that the changes that have been made to the House version of this bill have watered it down so far that it fails to protect Americans from suspicionless mass surveillance," he said.He said the Senate version of the bill remained strong, and that he hoped that its provisions could be preserved.
  • The bill was the first vote on a NSA related matter in either the House or Senate since last July, when Republican congressman Justin Amash failed by 205-217 votes to pass an amendment to an appropriations bill that would have stripped funding for bulk surveillance.The revised USA Freedom Act was supported by the White House. Obama had urged for a solution to ending bulk collection of telephone metadata in ways that would not unduly constrain the NSA.
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    On to the Senate. No meaningful reform from the House. That the measure passed was supported by Obama tells the story of its effectiveness. It will "constrain the NSA."
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