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Paul Merrell

CISA Security Bill: An F for Security But an A+ for Spying | WIRED - 0 views

www.wired.com/...ty-bill-gets-f-security-spying

surveillance state legislation CISA

shared by Paul Merrell on 23 Mar 15 - No Cached
  • When the Senate Intelligence Committee passed the Cybersecurity Information Sharing Act by a vote of 14 to 1, committee chairman Senator Richard Burr argued that it successfully balanced security and privacy. Fifteen new amendments to the bill, he said, were designed to protect internet users’ personal information while enabling new ways for companies and federal agencies to coordinate responses to cyberattacks. But critics within the security and privacy communities still have two fundamental problems with the legislation: First, they say, the proposed cybersecurity act won’t actually boost security. And second, the “information sharing” it describes sounds more than ever like a backchannel for surveillance.
  • On Tuesday the bill’s authors released the full, updated text of the CISA legislation passed last week, and critics say the changes have done little to assuage their fears about wanton sharing of Americans’ private data. In fact, legal analysts say the changes actually widen the backdoor leading from private firms to intelligence agencies. “It’s a complete failure to strengthen the privacy protections of the bill,” says Robyn Greene, a policy lawyer for the Open Technology Institute, which joined a coalition of dozens of non-profits and cybersecurity experts criticizing the bill in an open letter earlier this month. “None of the [privacy-related] points we raised in our coalition letter to the committee was effectively addressed.” The central concern of that letter was how the same data sharing meant to bolster cybersecurity for companies and the government opens massive surveillance loopholes. The bill, as worded, lets a private company share with the Department of Homeland Security any information construed as a cybersecurity threat “notwithstanding any other provision of law.” That means CISA trumps privacy laws like the Electronic Communication Privacy Act of 1986 and the Privacy Act of 1974, which restrict eavesdropping and sharing of users’ communications. And once the DHS obtains the information, it would automatically be shared with the NSA, the Department of Defense (including Cyber Command), and the Office of the Director of National Intelligence.
  • In a statement posted to his website yesterday, Senator Burr wrote that “Information sharing is purely voluntary and companies can only share cyber-threat information and the government may only use shared data for cybersecurity purposes.” But in fact, the bill’s data sharing isn’t limited to cybersecurity “threat indicators”—warnings of incoming hacker attacks, which is the central data CISA is meant to disseminate among companies and three-letter agencies. OTI’s Greene says it also gives companies a mandate to share with the government any data related to imminent terrorist attacks, weapons of mass destruction, or even other information related to violent crimes like robbery and carjacking. 
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  • The latest update to the bill tacks on yet another kind of information, anything related to impending “serious economic harm.” All of those vague terms, Greene argues, widen the pipe of data that companies can send the government, expanding CISA into a surveillance system for the intelligence community and domestic law enforcement. If information-sharing legislation does not include adequate privacy protections, then...It’s a surveillance bill by another name. Senator Ron Wyden
  • “CISA goes far beyond [cybersecurity], and permits law enforcement to use information it receives for investigations and prosecutions of a wide range of crimes involving any level of physical force,” reads the letter from the coalition opposing CISA. “The lack of use limitations creates yet another loophole for law enforcement to conduct backdoor searches on Americans—including searches of digital communications that would otherwise require law enforcement to obtain a warrant based on probable cause. This undermines Fourth Amendment protections and constitutional principles.”
  • Paul Merrell on 23 Mar 15
     
    I read the legislation. It's as bad for privacy as described in the aritcle. And its drafting is incredibly sloppy.
Gary Edwards

Rand Paul's Tea Party Response: Full Text - 0 views

www.newsmax.com/...490118

Rand-Paul Libertarian USA-Constitution

shared by Gary Edwards on 13 Feb 13 - No Cached
  • With my five-year budget, millions of jobs would be created by cutting the corporate income tax in half, by creating a flat personal income tax of 17%, and by cutting the regulations that are strangling American businesses.
  • America has much greatness left in her. We will begin to thrive again when we begin to believe in ourselves again, when we regain our respect for our founding documents, when we balance our budget, when we understand that capitalism and free markets and free individuals are what creates our nation’s prosperity.
  • Gary Edwards on 13 Feb 13
     
    Outstanding statement about what made America great, an dhow are government is destroying that greatness.  This is the full Text of Sen. Rand Paul's Tea Party Response to Obama's State of the Union Address: I speak to you tonight from Washington, D.C. The state of our economy is tenuous but our people remain the greatest example of freedom and prosperity the world has ever known. People say America is exceptional. I agree, but it's not the complexion of our skin or the twists in our DNA that make us unique. America is exceptional because we were founded upon the notion that everyone should be free to pursue life, liberty, and happiness. For the first time in history, men and women were guaranteed a chance to succeed based NOT on who your parents were but on your own initiative and desire to work. We are in danger, though, of forgetting what made us great. The President seems to think the country can continue to borrow $50,000 per second. The President believes that we should just squeeze more money out of those who are working. The path we are on is not sustainable, but few in Congress or in this Administration seem to recognize that their actions are endangering the prosperity of this great nation. Ronald Reagan said, government is not the answer to the problem, government is the problem. Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt. What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous. What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations. He described a limited government that largely did not interfere with individuals and their pursuit of happiness. All that we are, all that we wish to be is now threatened by the notion that you can have something for nothing, that you can have your cake and ea
Paul Merrell

Britain has passed the 'most extreme surveillance law ever passed in a democracy' | ZDNet - 0 views

www.zdnet.com/...-new-spying-powers-becomes-law

surveillance state GCHQ UK snoopers'-charter legislation

shared by Paul Merrell on 20 Nov 16 - No Cached
  • It's 2016 going on 1984. The UK has just passed a massive expansion in surveillance powers, which critics have called "terrifying" and "dangerous".
  • The new law, dubbed the "snoopers' charter", was introduced by then-home secretary Theresa May in 2012, and took two attempts to get passed into law following breakdowns in the previous coalition government. Four years and a general election later -- May is now prime minister -- the bill was finalized and passed on Wednesday by both parliamentary houses. But civil liberties groups have long criticized the bill, with some arguing that the law will let the UK government "document everything we do online". It's no wonder, because it basically does. The law will force internet providers to record every internet customer's top-level web history in real-time for up to a year, which can be accessed by numerous government departments; force companies to decrypt data on demand -- though the government has never been that clear on exactly how it forces foreign firms to do that that; and even disclose any new security features in products before they launch.
  • Not only that, the law also gives the intelligence agencies the power to hack into computers and devices of citizens (known as equipment interference), although some protected professions -- such as journalists and medical staff -- are layered with marginally better protections. In other words, it's the "most extreme surveillance law ever passed in a democracy," according to Jim Killock, director of the Open Rights Group. The bill was opposed by representatives of the United Nations, all major UK and many leading global privacy and rights groups, and a host of Silicon Valley tech companies alike. Even the parliamentary committee tasked with scrutinizing the bill called some of its provisions "vague".
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  • And that doesn't even account for the three-quarters of people who think privacy, which this law almost entirely erodes, is a human right. There are some safeguards, however, such as a "double lock" system so that the secretary of state and an independent judicial commissioner must agree on a decision to carry out search warrants (though one member of the House of Lords disputed that claim). A new investigatory powers commissioner will also oversee the use of the powers. Despite the uproar, the government's opposition failed to scrutinize any significant amendments and abstained from the final vote. Killock said recently that the opposition Labour party spent its time "simply failing to hold the government to account". But the government has downplayed much of the controversy surrounding the bill. The government has consistently argued that the bill isn't drastically new, but instead reworks the old and outdated Regulation of Investigatory Powers Act (RIPA). This was brought into law in 2000, to "legitimize" new powers that were conducted or ruled on in secret, like collecting data in bulk and hacking into networks, which was revealed during the Edward Snowden affair. Much of those activities were only possible thanks to litigation by one advocacy group, Privacy International, which helped push these secret practices into the public domain while forcing the government to scramble to explain why these practices were legal. The law will be ratified by royal assent in the coming weeks.
Paul Merrell

Putin signs "undesirable NGOs" Bill into Law | nsnbc international - 0 views

nsnbc.me/...desirable-ngos-bill-into-law-2

war & peace Russia legislation NGOs U.S.-foreign-policy color-revolutions Dark-State

shared by Paul Merrell on 25 May 15 - No Cached
  • Russian President Vladimir Putin has signed a bill, enabling the designation of foreign and foreign-funded NGOs as undesirables after the bill passed both the Lower and Upper House of Parliament.
  • The bill authorizes the designation of foreign and foreign funded non-profit as well as for profit NGOs as “undesirables” on grounds of “national security. The bill passed the second reading in Russia’s Lower House of Parliament (State Duma), last week and was approved by the Upper House of Parliament, the Federation Council. The bill had been proposed by legislators of the governing United Russia party of President Vladimir Putin, The passing of the bill in both houses of parliament and the signing of the bill by Putin was no surprise since United Russia has a majority in both chambers. The bill has been heavily criticized by foreign, particularly western media, western politicians and primarily western-based or funded NGOs, including Human Rights Watch, Amnesty International, among many others. One of the NGOs that is certain to fall under the provisions of the bill is USAID.
  • he new law follows up on a law that was adopted in 2012 that obliged foreign-funded non-governmental organizations to register as “foreign agents”. The law provides for declaring foreigners and foreign-funded NGOs as“undesirable”. Persons who are violating the newly adopted law could face a fine up to 10,000 dollar to be paid in local currency and up to six years imprisonment. Supporters of the bill are referring to the risk that foreign-funded NGOs could pose to the Russian Federation’s national security while critics maintain that the wording of the legislation and especially the term “undesirable” is ambiguous and opens the floodgates for the abuse of the law to crack down on legal and legitimate dissent.
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  • While the wording and the use of “undesirable” is ambiguous and does pose legal problems as much as it opens the floodgates for the abuse of the legislation, there may be a good reason for keeping the wording ambiguous. Internationally acting NGOs have increasingly become “weaponized”; That is, that they have increasingly been utilized as tool for everything from supporting legitimate dissent to the organization of political violence and coup d’état. Another disturbing fact is that this pattern includes UN organizations such as the UN Interagency Framework Team for Preventive Action (Framework Team). Examples? Doctors Without Borders (MSF) played a key role in accusing the Syrian government for the use of chemical weapons, stating MSF sources. Later on the NGO had to admit that it had no staff in Damascus and exclusively relied on statements by “partners” in “rebel-held territories”.
  • Amnesty International for its part issued a report about alleged war crimes committed during NATO’s bombing of Libya in 2011. A 2012 report by Amnesty International claimed that Operation Unified Protector, authorized by UNSC Resolution 1973 has resulted in 55 documented cases of named civilian casualties, including 16 children and 14 women that were killed in air strikes in the capital Tripoli and the towns of Zliten, Majer, Sirte, and Brega. The low figure is utterly inconsistent with casualty figures provided by local NGOs as well as documented eyewitness reports. Two things are worth considering with regard to the Amnesty report. During the first night of the operation NATO forces launched over 100 cruise missiles into Tripoli alone.
  • The Director of Amnesty International at that time was Suzanne Nozzel, who also worked as adviser on U.S. government – NGO relations for the then U.S. Secretary of State Hillary Clinton.
  • While Human Right Watch does, indeed, engage in justified human rights advocacy, it has also been engaged in issuing strongly biased reports, in politicizing that “representatives are denied entry to e.g. Egypt”, while failing to mention that proper visa procedures had not been followed, and so forth. The most disturbing NGO may, however, be the UN Interagency Framework Team for Preventive Action. The Framework Team is largely privately funded with George Soros as one of the primary sponsors. The NGO under UN cover is “coordinating UN, governmental and non-governmental initiatives”.
  • The UN organization could undoubtedly be useful but it has also been sharply criticized for “fanning the flames” of the inter-communal violence in Myanmar’s Rakhine State, and for its active role in creating rather than preventing ethnic and sectarian disputes and violence in Nepal. In both the case of Myanmar and in the case of Nepal it is easy to establish ties between the Framework Team and Western or Western allied intelligence services. Criticism of the ambiguous wording of the new Russian legislation is, in other words, as justified as criticism of NGOs who prostitute themselves and the best intentions of the members at their base as pawns in geopolitical chess-games.
  • Paul Merrell on 25 May 15
     
    More than understandable given the long history of the U.S. weaponizing NGOs in aid of its "color revolutions" strategy to overthrow governments in secular states and left-leaning democracies. The most recent examples are the successful U.S. coup in Ukraine and the thrice-failed coup attempts in Venezuela.  U.S. NGOs have been attempting to provoke such a coup in Russia for some time but have failed thus far because of Putin's immense popularity and a perhaps better-informed Russian public. The Russian people know they are under attack and have wisely closed ranks rather than falling for a divide-and-conquer strategy. Venezuela recently enacted similar legislation.  
Paul Merrell

Senate Intelligence Committee Passes Bill That Codifies, Expands NSA Powers - 0 views

www.huffingtonpost.com/...senate-bill-nsa_n_4183183.html

surveillance state NSA legislation Feinstein

shared by Paul Merrell on 02 Nov 13 - No Cached
  • Just days after expressing outrage over reports of widespread surveillance of foreign leaders by the National Security Agency, Sen. Dianne Feinstein (D-Calif.) pushed through the Senate Intelligence Committee on an 11-4 vote a bill that enshrines the bulk collection of Americans' phone call records into law, and expands the agency's authority to track foreign nationals who enter the United States. The bill, passed on Thursday, is meant to respond to the revelations of leaker Edward Snowden. But critics immediately charged that it does little more than offer a fig leaf for the NSA's controversial surveillance operations.
  • In his statement, Udall disagreed. "The NSA's ongoing, invasive surveillance of Americans' private information does not respect our constitutional values and needs fundamental reform -- not incidental changes," Udall said. "Unfortunately, the bill passed by the Senate Intelligence Committee does not go far enough to address the NSA's overreaching domestic surveillance programs." Udall is a co-sponsor of a bill introduced earlier this week by Rep. James Sensenbrenner (R-Wisc.) and Sen. Patrick Leahy (D-Vt.) that would end the NSA's bulk collection of phone call records. The passage of Feinstein's bill sets up a confrontation with Leahy's Judiciary Committee over what version of NSA reform Congress will produce. "The Feinstein bill is terrible and would make things worse. I think the Leahy-Sensenbrenner bill begins to address some of the problems" with the NSA, said Jennifer Granick, director of civil liberties at the Stanford Center for Internet and Society. Neither bill, Granick said, addresses the NSA's infiltration of Yahoo and Google data centers worldwide, which could provide the agency a pathway to collecting Americans' communications.
  • Paul Merrell on 02 Nov 13
     
    Wow! That was quick. The text of the bill wasn't even publicly available yesterday. Diane Feinstein is trying to railroad the NSA's wet dream through the Senate. Earlier in the week, she was calling for a lengthy investigation but suddenly flips sides again. NSA blackmail?
Gary Edwards

Chris Dodd's carve-outs for cronies - NYPOST.com - 0 views

www.nypost.com/...cronies_MT1U7GBEPvzX3QXProqC9L

chris-dodd financial-reform-joke corpratism crony-capitalism

shared by Gary Edwards on 27 Apr 10 - Cached
  • Gary Edwards on 27 Apr 10
     
    Dangerous and sickening!  In Dodd's Bill, The Property Transaction Industry (Mortgage, Real Estate, Insurance, Legal, Appraisal, and Title) are exempted from the 1974 RESPA full disclosure act!   Regulators are authorized to take over and "bail out" any financial operation they deem troubled. excerpt: The financial-regulatory bill now before the Senate is so filled with special-interest loopholes and exclusions that it makes the health-care "reform" bill, with its "Cornhusker Kickback" and "Louisiana Purchase," look like a model of rectitude.The Senate bill, sponsored by Democrat Chris Dodd, claims to subject all "too big to fail" institutions to greater federal supervision, but in fact it only mandates such regulation for bank-holding companies. Regulators would have to make a case-by-case decision on whether to apply it to other financial companies.The Senate financial-regulation bill offers a stark choice: Do we aspire to be a country where everyone is subject to the same rules? Or do we accept a system where power, influence and money can buy exclusions and exemptions?The public needs to understand that, far from protecting the little guy and sticking it to the fat cats, this bill keeps good, old-fashioned political patronage alive and well. Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/chris_dodd_carve_outs_for_cronies_MT1U7GBEPvzX3QXProqC9L#ixzz0mKJmEdn4 Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/chris_dodd_carve_outs_for_cronies_MT1U7GBEPvzX3QXProqC9L#ixzz0mKJmEdn4Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/chris_dodd_carve_outs_for_cronies_MT1U7GBEPvzX3QXProqC9L#ixzz0mKJcsmlN
Paul Merrell

Update on Iran Sanctions Legislation « LobeLog - 0 views

www.lobelog.com/-on-iran-sanctions-legislation

war & peace Iranian-nukes-myth Iran-sanctions legislation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • The sponsors of the latest Kirk-Menendez Iran sanctions bill appear determined to move the legislation as quickly as possible, although it has yet to be formally introduced. Of course, both Obama and visiting British Prime Minister David Cameron came out strongly against any sanctions legislation during their joint press appearance at the White House Friday, warning that approval risked sabotaging not only the ongoing negotiations, but also unity among the P5+1 (U.S., U.K, France, Russia, China plus Germany) themselves. In olden times one would have expected most Republicans to take seriously what a British prime minister–especially one from Winston Churchill’s Conservative Party–has to say about a foreign policy issue of mutual interest. But the combination of their real hatred for Obama and purported love for Israel (and especially for the campaign funds from wealthy Republican Jewish Coalition donors like Sheldon Adelson) is likely to supersede the historic “special relationship” extolled by Churchill himself. In any event, the best and most up-to-date summary of where things stand was provided in the weekly Legislative Round-Up by Lara Friedman of Americans for Peace Now (APN), lengthy excerpts of which are reproduced below with permission. (APN legislative round-ups are an excellent source for tracking what’s happening on Capitol Hill on Middle East policy.) Note that there are two parts to her account: the first is regarding an AIPAC draft that circulated earlier this week (and Lara’s analysis of that legislation); the second, an updated version circulated at week’s end apparently in the hope of securing more Democratic support, as well as Lara’s analysis of that draft.
  • Updated analysis of Kirk-Menendez text (as of 3pm, 1/16) In some annoying corollary to Murphy’s Law, shortly after posting analysis of the draft text of the new Kirk-Menendez sanctions bill (in which it was noted that the text should not be considered final or authoritative), a newer draft of the bill began circulating (underscoring the oddness of AIPAC circulating a “summary” of the bill while it was/is apparently still being tweaked).  Bearing in mind that this new text should still not be considered final or authoritative, the following are some observations about this newer text:
  • Existing sanctions don’t snap back, but additional sanctions relief remains elusive: This newer text repeats language in the earlier draft to the effect that while following an agreement (and required notification to Congress) the President may not waive any sanctions on Iran until Congress has had time to review the deal and the Administration’s plans to verify Iranian compliance. The newer version includes language – completely absent in the earlier draft – stipulating that this ban on waiving sanctions does not apply to sanctions previously waived under the JPOA. Notably, the updated version of the bill still stipulates that the Congressional review period during which the President is barred from waiving any new sanctions must last “30 days of continuous session of Congress,” and defines “continuous session” as not including periods where Congress is in recess for more than 3 days.  What does this mean? Looking at the House Calendar for 2105 and counting the days, it means that if the President sends the details of a deal and the required “verification assessment” to Congress on July 5, no new sanctions may be waived until at least November 13.
  • ...3 more annotations...
  • Automatic new sanctions if no agreement or further delay: Like the earlier version, this text stipulates that new sanctions would automatically be imposed, escalating over a period of months, in the event that  the Presidents fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5. This appears to apply even in the case of an additional extension or the sides agreeing to a period to iron out the details of implementation of an agreement.  It also stipulates that in the event that the President fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5, any sanctions previously waived by the President under the JPOA will automatically snap back on.
  • Laying out far-reaching parameters for a deal: Like in the previous version, the Sense of Congress included in the bill is, by definition, non-binding. It nonetheless sends a strong statement of Congressional intent. And this Sense of Congress, like the previous version, sends a statement of hardline red lines in order for any deal to be acceptable to Congress (and the lengthy review period imposed by this bill clearly implies that Congress will be reviewing any agreement to determine if it meets its standards – and implies that if it does not meet its standards, there will be concrete consequences). Promising that sanctions will continue, regardless of a deal. While, like in the previous version, the Sense of Congress is by definition non-binding, it nonetheless sends a strong statement of Congressional intent. And this Sense of Congress once again makes clear that even if there is a deal that verifiably addresses U.S. concerns about Iran’s nuclear program, Congress will seek to continue to impose far-reaching sanctions against Iran for other reasons.
  • Planting the seeds for a deal to far apart:  The key provisions of this updated version of the bill, even amended, are a clear poison pill for any agreement.  In effect, this bill undermines negotiations and weakens U.S. negotiators. Rather than offering more sanctions relief to Iran in exchange for a deal, it prohibits it, and establishes a 4-month period during which the President is explicitly deprived of any authority to deliver anything to Iran beyond what was already delivered during negotiations. Assuming Iran would agree to a deal under such circumstances – which is doubtful – this bill sets into motion a dynamic in which Iranian opponents of a diplomacy will have an easy time arguing against the deal, and in which mischief-makers in Congress will have ample time to push ahead with new legislation rejecting a deal or putting new conditions on its implementation and limitations on sanctions relief. And given the Sense of Congress in this bill – which makes the case for continued Iran sanctions even after a nuclear deal, it is not a stretch to imagine that members of Congress would adopt such an approach during this 4 month waiting period.
  • Paul Merrell on 18 Jan 15
     
    Remember that the Israeli-firsters goal is not actually do do anything about Iranian nuclear weapons: there are none. There goal is to shoot down the negotiations and for the U.S. to bomb Iran back into the Stone Age.
Paul Merrell

President Obama Signs Freedom of Information Act Improvements - 0 views

nsarchive.gwu.edu/...-Information-Act-Improvemnents

FOIA amendments

shared by Paul Merrell on 01 Jul 16 - No Cached
  • At 4:00 PM today President Barack Obama signed the FOIA Improvement Act of 2016 (S. 337) into law. The bipartisan, bicameral bill – introduced by Senators John Cornyn, Chuck Grassley, and Patrick Leahy, and supported by Representatives Jason Chaffetz and Elijah Cummings in the House – will improve FOIA in several meaningful ways and reflects many of the findings of the National Security Archive’s FOIA audits and litigation. The legislation mandates a 25-year sunset for the “wildly misused” FOIA exemption (b)(5), an exemption that currently has no time limit and is often called the “withhold it because you want to” exemption. The CIA recently successfully hid a draft history of its 53-year-old Bay of Pigs invasion by invoking an overly-broad interpretation of the exemption. Thanks to President Obama and FOIA lions in the Senate and the House, the new FOIA bill will curtail such senseless secrecy. Agencies are now required to update their FOIA regulations within 180 days after the passage of the bill. A National Security Archive audit shows that too many federal agencies have not updated their regulations to comply with the 2007 Open Government FOIA improvements. By neglecting to update their “FOIA handbooks,” agencies are essentially ignoring Congress’s FOIA reforms.
  • Today’s signing also codifies the presumption of openness. Archive audits going back to 2009 show that most federal agencies have continued to ignore President Obama’s “presumption of disclosure” guidance that he issued on his first day in office. The new bill codifies this presumption, mirrors the Obama administration’s and the Department of Justice’s (non binding) instructions on FOIA, thereby requiring that records be released unless there is a foreseeable harm or legal requirement to withhold them. The law will also improve public digital access to released records, and strengthen and increase the independence of the FOIA Ombuds Office – the Office of Government Information Services (OGIS). But the bill did not fulfill all of the public's openness asks. It does not include a public interest balancing test to force the release of information which can technically be withheld under the law; it also does not establish a government commission or mechanism which can overturn bad agency FOIA decisions. "This is an important improvement to the US Freedom of Information Act," said Archive director Tom Blanton, "but there are several large leaps the US law still needs to make to catch up with international Freedom of Information norms and standards." The signing of today’s legislation comes just before the law – signed begrudgingly by LBJ on July 4, 1966 – turns 50.
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news... - 1 views

www.theguardian.com/...e-year-nsa-surveillance-reform

surveillance-state NSA-reform legislation

shared by Paul Merrell on 07 Jun 14 - No Cached
  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
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  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
  • Paul Merrell on 07 Jun 14
     
    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
Paul Merrell

47 Senators Take AIPAC's Word Over U.S. Intel Community « LobeLog.com - 0 views

www.lobelog.com/-word-over-u-s-intel-community

war & peace Iranian-nukes-myth Iraeli-lobby

shared by Paul Merrell on 05 Jan 14 - No Cached
  • The American Israel Public Affairs Committee (AIPAC) has published the list of senators who so far have agreed to co-sponsor the Nuclear Weapon Free Iran Act of 2013, aka the Wag the Dog Act of 2014. You’ll recall that the initial list, which was introduced by its principal engineers, Sens. Mark Kirk and Robert Menendez, Dec 19, included 26 co-sponsors equally divided between Democrats and Republicans, to which newly elected New Jersey Sen. Cory Booker quickly added his name. Since then, 20 other senators — all Republicans, unsurprisingly — have added their names, for a grand total of 47 — still short of a majority, let alone one that could survive an Obama veto that the White House has already committed the president to cast if the bill is passed in its present form. According to the AIPAC list, which is reproduced below, 53 senators, including 36 Democrats and the two independents who normally vote with the Democratic caucus, have not agreed to co-sponsor the bill, or, in the dreaded moniker used by AIPAC to score lawmakers’ voting records (presumably for the benefit of the “pro-Israel” PACs that decide how to dole out campaign cash), are labeled “DNC.” They will undoubtedly be the top targets for AIPAC’s legendary powers of persuasion when the Senate reconvenes early next week.
  • What is remarkable about this list, however, is that very few of the 47 co-sponsors have chosen to publicize their support for the bill to their constituents through local media or other means. A handful of the original co-sponsors put out press releases, as did Rob Portman, a late joiner. Lamar Alexander, another late-comer, courageously “tweeted” his backing for the bill. “If this were a bill senators were excited about; that is, something they thought they’d earn a lot of credit for — and not draw a lot of heat — from their voters, you’d think all of the co-sponsors would be proudly touting their support,” one veteran Hill observer told me. “Clearly, even for the Republican [co-sponsors], that doesn’t seem to be the case with this bill.” In other words, the co-sponsors appear to be targeting a very narrow constituency — AIPAC, which is now touting their names — rather than  their voters back home, most of whom probably have no idea of what their senator’s position is or what may be at stake. Which raises an interesting question: If the folks back home knew that their senator was supporting a bill that would make another war in the Middle East more, rather than less likely, would there be an outcry as there was after Obama (and AIPAC) asked Congress to approve military action against Syria? Would some senators feel compelled to reassess their support?
  • One other point: others — most recently and convincingly, Colin Kahl and Paul Pillar — have argued just how counter-productive and potentially dangerous this bill is, and we have republished their arguments for the benefit of LobeLog readers in recent days. But it should be stressed that the 47 co-sponsors of this bill, most notably the 14 Democrats who have signed on to it, have effectively decided that Bibi Netanyahu and AIPAC are more credible sources about Iran and what it is likely to do in the P5+1 negotiations if this sanctions bill becomes law than either the U.S. diplomats who are directly involved in the talks or the U.S. intelligence community. Which is a rather startling fact, especially given, for example, Bibi’s predictive record on Iraq in the run-up to the U.S. invasion and his quarrels with his own intelligence community with respect to Iran. U.S. officials beginning at the top with Obama, then running through John Kerry and Wendy Sherman have stated repeatedly that the passage of a new sanctions bill — even one that would take effect prospectively — would not only violate the spirit, if not the letter, of the Nov. 24 agreement; it would also call into serious question Washington’s good faith; quite possibly isolate the U.S. within the P5+1 with disastrous results for the existing sanctions regime; and sufficiently strengthen hardliners in Tehran to force its government to toughen its demands at the negotiating table, if not abandon the diplomatic path altogether (and with it the chances of a peaceful diplomatic settlement). As the most recent assessment by the intelligence community, for which these same 47 senators have approved annual budgets ranging as high as 70 billion dollars in recent years, concluded: “[N]ew sanctions would undermine the prospects for a successful comprehensive nuclear agreement with Iran.” Of course, that’s precisely why Netanyahu and AIPAC are pushing the new sanctions package.
  • Paul Merrell on 05 Jan 14
     
    It's not about nukes; it's about the U.S. invading Iraq and destroying it. Israel (and the Saudis) desperately want to blow up the negotiations with Iran. Shamefully, 47 senators have signed on so far, with the real lobbying set to begin tomorrow, when Congress returns from the Holidays. 
Paul Merrell

Beware the Dangers of Congress' Latest Cybersecurity Bill | American Civil Liberties Union - 0 views

www.aclu.org/...ress-latest-cybersecurity-bill

surveillance state legislation ACLU cybersecurity

shared by Paul Merrell on 01 Jul 14 - No Cached
  • A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."
  • While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.
  • While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)
  • Paul Merrell on 01 Jul 14
     
    Text of the bill is on Sen. Diane Feinstein's site, http://goo.gl/2cdsSA It is truly a bummer.
Paul Merrell

Senate committee adopts cybersecurity bill opposed by NSA critics | World news | thegua... - 0 views

www.theguardian.com/...ty-bill-opposed-by-nsa-critics

surveillance state NSA legislation cyberwar vulnerabilities

shared by Paul Merrell on 10 Jul 14 - No Cached
  • The Senate intelligence committee voted Tuesday to adopt a major cybersecurity bill that critics fear will give the National Security Agency even wider access to American data than it already has.Observers said the bill, approved by a 12 to 3 vote in a meeting closed to the public, would face a difficult time passing the full Senate, considering both the shortened legislative calendar in an election year and the controversy surrounding surveillance.But the bill is a priority of current and former NSA directors, who warn that private companies’ vulnerability to digital sabotage and economic data exfiltration will get worse without it.Pushed by Dianne Feinstein and Saxby Chambliss, the California Democrat and Georgia Republican who lead the committee, the bill would remove legal obstacles that block firms from sharing information "in real time" about cyber-attacks and prevention or mitigation measures with one another and with the US government.
  • Worrying civil libertarians is that the NSA and its twin military command, US Cyber Command, would receive access to vast amounts of data, and privacy guidelines for the handling of that data are yet to be developed.A draft of the bill released in mid-June would permit government agencies to share, retain and use the information for "a cybersecurity purpose" – defined as "the purpose of protecting an information system or information that is stored on, processed by or transiting an information system from a cybersecurity threat or security vulnerability" – raising the prospect of the NSA stockpiling a catalogue of weaknesses in digital security, as a recent White House data-assurance policy permits.It would also prevent participating companies from being sued for sharing data with each other and the government, even though many companies offer contract terms of service prohibiting the sharing of client or customer information without explicit consent.
  • But digital rights advocates warn that the measure will give the government, including the NSA, access to more information than just that relating to cyberthreats, potentially creating a new avenue for broad governmental access to US data even as Congress and the Obama administration contemplate restricting the NSA's domestic collection.The bill contains "catch-all provisions that would allow for the inclusion of a lot more than malicious code. It could include the content of communications. That's one of the biggest concerns," said Gabriel Rottman, an attorney with the American Civil Liberties Union.Provisions in the bill are intended to protect American privacy on the front end by having participating companies strike "indicators … known to be personal information of or identifying a United States person" before the government sees it, but the draft version leaves specific guidelines for privacy protection up to the attorney general."Nobody knows whether the flow from the private sector will be a trickle or a river or an ocean. The bill contemplates an ocean, and that's what worries us," said Greg Nojeim of the Center for Democracy and Technology.
Gary Edwards

Obama gives himself control of all communication systems in America - RT - 0 views

rt.com/...ident-order-communications-770

Obammunism executive-orders

shared by Gary Edwards on 10 Jul 12 - No Cached
  • Gary Edwards on 10 Jul 12
     
    Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights. Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." While Congress has passed many an unConstitutional Law regarding "National Emergency Powers", there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.   Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.  Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency powers by Congress is implicit in its Article I, section 8 authority to "provide for the common Defense and general Welfare," the commerce clause, its war, armed forces, and militia powers, and the "necessary and proper" clause empowering it to make such laws as are required to fulfill the executions of "the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." But this issue of "implied" powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: "enumerated powers".  The United States is a government of enumerated powers.  N
Gary Edwards

Lawfare › NDAA FAQ: A Guide for the Perplexed - 1 views

www.lawfareblog.com/...-faq-a-guide-for-the-perplexed

NDAA Patriot-AUMF Obammunism

shared by Gary Edwards on 06 Jan 12 - No Cached
  • Gary Edwards on 06 Jan 12
     
    Good legal commentary on the NDAA.  A couple of things are overlooked though.  One is that neither the Senate, House or Executive Branch of government has the authority to suspend, change or alter in any way through a bill, regulation or other instrument of law, the Constitution.  The only Constitutional means of changing the Constitution (or Bill of Rights amendments) is that of amending the Constitution.  A ratification process process requiring super majorities of Congress (67%) and the States (75%).
    IMHO, both the NDAA and the Patriot-Act AUMF are un-Constitutional.  But as the Lawfare article points out, on those few occasions where this crap has been legally challenged, the Courts have upheld Habeas Corpus and the Constitution.
    The more troublesome aspect of the NDAA is twofold.  One is that Obama assumes that the AUMF has already given him legal authority to stomp on the Posse Comitatus Act, and use the federal military as his own domestic police force.  Obama has also stated that under the 2001 AUMF, he can assault, arrest and detain any citizen indefinitely, without charges, writ of Habeas Corpus, or warrant.  (See Jonathan Hurley's account of the the legal seminar where Obama representatives explained their interpretation of AUMF, the Patriot Act and NDAA).  
    That's a scary interpretation of the AUMF quite out of line with Bush understanding and actual implementation, and, more importantly, how the Courts ruled on Bush's actions in support of the Constitution. Anyone know where i can sign on to a petition presenting a Bill of Particulars for Articles of Impeachment?  It's past time. NDAA FAQ: A Guide for the Perplexed by Benjamin Wittes (Benjamin Wittes & Robert Chesney)
    The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time-only a few months ago-when the NDAA detention provisions were the obscure province of a small group of national security law nerds.
Paul Merrell

Sloppy Cyber Threat Sharing Is Surveillance by Another Name | Just Security - 0 views

justsecurity.org/...er-threat-sharing-surveillance

surveillance state legislation CISA cyberthreat-reporting emails

shared by Paul Merrell on 06 Jul 15 - No Cached
  • Imagine you are the target of a phishing attack: Someone sends you an email attachment containing malware. Your email service provider shares the attachment with the government, so that others can configure their computer systems to spot similar attacks. The next day, your provider gets a call. It’s the Department of Homeland Security (DHS), and they’re curious. The malware appears to be from Turkey. Why, DHS wants to know, might someone in Turkey be interested in attacking you? So, would your email company please share all your emails with the government? Knowing more about you, investigators might better understand the attack. Normally, your email provider wouldn’t be allowed to give this information over without your consent or a search warrant. But that could soon change. The Senate may soon make another attempt at passing the Cybersecurity Information Sharing Act, a bill that would waive privacy laws in the name of cybersecurity. In April, the US House of Representatives passed by strong majorities two similar “cyber threat” information sharing bills. These bills grant companies immunity for giving DHS information about network attacks, attackers, and online crimes.
  • Sharing information about security vulnerabilities is a good idea. Shared vulnerability data empowers other system operators to check and see if they, too, have been attacked, and also to guard against being similarly attacked in the future. I’ve spent most of my career fighting for researchers’ rights to share this kind of information against threats from companies that didn’t want their customers to know their products were flawed. But, these bills gut legal protections against government fishing expeditions exactly at a time when individuals and Internet companies need privacy laws to get stronger, not weaker. 
  • Worse, the bills aren’t needed. Private companies share threat data with each other, and even with the government, all the time. The threat data that security professionals use to protect networks from future attacks is a far more narrow category of information than those included in the bills being considered by Congress, and will only rarely contain private information. And none of the recent cyberattacks — not Sony, not Target, and not the devastating grab of sensitive background check interviews on government employees at the Office of Personnel Management — would have been mitigated by these bills.
Paul Merrell

Obama vetoes defense bill | TheHill - 0 views

thehill.com/...7798-obama-vetoes-defense-bill

war & peace Defense-spending Obama veto

shared by Paul Merrell on 24 Oct 15 - No Cached
  • President Obama on Thursday took the rare step of vetoing a major defense policy bill, upping the stakes in a faceoff with Republicans over government spending.  Obama used his veto pen on the National Defense Authorization Act during a photo-op in Oval Office.  “I’m going to be vetoing this authorization bill. I’m going to be sending it back to Congress, and my message to them is very simple: Let’s do this right,” Obama said. ADVERTISEMENTIt’s highly unusual for a president to veto the defense legislation, which typically becomes law with bipartisan support. The move amounts to a public rebuke of congressional Republicans, who warned that vetoing the $612 billion measure would put the nation’s security at risk.  The veto was Obama’s third this year and the fifth of his presidency. The Defense authorization bill has been vetoed four times in the last half-decade.  
  • Obama argues the bill irresponsibly skirts spending caps adopted in 2011 by putting $38 billion into a war fund not subject to the limits, a move he called a "gimmick." He has called on Congress to increase both defense and nondefense spending. “Let’s have a budget that properly funds our national security as well as economic security, let’s make sure that we’re able in a constructive way to reform our military spending to make it sustainable over the long term,” Obama said.  The president also objects to language in the bill that requires the Guantanamo Bay, Cuba, military prison to remain open. Republican leaders expressed outrage with Obama’s decision to veto the bill, pointing out that it puts a scheduled pay raise for troops, among other policy changes, at risk. “By placing domestic politics ahead of our troops, President Obama has put America’s national security at risk,” Speaker John Boehner (R-Ohio) said in a statement.  “This indefensible veto blocks pay and vital tools for our troops while Iranian terrorists prepare to gain billions under the president’s nuclear deal."  
  • The move forces Congress to revisit the bill and send it back to the president. The military will continue to operate under last year’s defense policy if lawmakers cannot reach an agreement.  Republicans have pledged to attempt to override Obama’s veto, but it’s unlikely they have the votes to do so.  The Senate voted 70-27 to pass the bill, and overriding the veto would require 67 votes. But Democratic leaders have said some members would switch their vote to avoid defying the president.  The House vote count, 270-156, would not be enough to override a veto, which would take 290 votes. Asked how confident the White House is Obama’s veto will be sustained, White House spokesman Eric Schultz replied: “very.”
  • Paul Merrell on 24 Oct 15
     
    Now, can we also claw back that $600 billion Congress appropriated to provde training and weapons to "moderate" Syrian forces, now that Obama has ended the program? 
Paul Merrell

Pentagon 'big winner' in $1T omnibus bill | TheHill - 0 views

thehill.com/...er-in-1t-omnibus-spending-bill

war & peace War-Party appropriations sequestration

shared by Paul Merrell on 16 Jan 14 - No Cached
  • The Pentagon and the defense industry came out of the $1 trillion omnibus spending bill as a big winner, experts and lawmakers said Tuesday, a day after the bill was released. “The big winner is the Defense Department. They should be breaking out champagne in the Pentagon,” said Gordon Adams, a defense budget expert and former Clinton official.The omnibus spending bill provides about $497 billion for the Defense Department in 2014 — about the same as in 2013. But the Pentagon also received $85.2 billion in overseas contingency operations (OCO) for the war in Afghanistan, roughly $5 billion more than it requested for 2014.Before last month’s budget deal that relieved $22.4 billion in sequestration cuts, the 2014 defense budget would have been around $475 billion. The OCO funding, which Adams said is the “cherry on top of the dessert,” can be used to pay for operations and maintenance in the base budget and help restore military readiness lost in previous years. Fiscal watchdog and anti-war groups criticized the $5 billion increase from the Pentagon's request in OCO funding as a “slush fund to pad the department’s budget and avoid spending reductions,” especially with the winding down of the Afghan War. 
  • The defense industry was also a winner in the omnibus spending bill, Adams said. All major weapons systems procurement requests were fully-funded, including the F-35 Joint Strike Fighter — the Pentagon’s most expensive weapons system in history. Also fully funded were the Army’s M1 Abrams tank program, and the Navy’s shipbuilding plans for eight new ships. Israel is also a winner in the omnibus spending bill, with money fully provided for the Arrow, David’s Sling, and the Iron Dome rocket defense systems. 
  • While lawmakers touted the completed spending bill as a win for nearly everyone, there were a few losers. One of the most notable losers included the Pentagon’s research and development projects, which received $7 billion less than last year.In addition, the defense space program and the procurement for the E-2D Advanced Hawkeye program were delayed. Also, funds for the Afghan National Security Forces is about half as much as the White House requested, Adams said.
  • ...1 more annotation...
  • Overall, lawmakers said the omnibus spending bill, which is expected to pass this week, was 'a good start'. 
  • Paul Merrell on 16 Jan 14
     
    The War Party wins again. Spending cuts will come out of non-defense branches of government. Meanwhile, the Judicial Branch is nearly flat on its back because of sequestration. Judicial spending before sequestration was only 0.19 per cent of federal spending (19 cents of each $100) but  $350 million got chopped by sequestration.  The result: things like massive delays in court proceedings and a 35 per cent cut in personnel in the Federal Defenders office, a loss of institutional knowledge that will never be recovered.
Paul Merrell

Feinstein promotes bill to strengthen NSA's hand on warrantless searches | World news |... - 0 views

www.theguardian.com/...rantless-searches-surveillance

surveillance state legislation Feinstein NSA law enforcement

shared by Paul Merrell on 17 Nov 13 - No Cached
  • A Senate bill promoted as a surveillance reform would codify the ability of the National Security Agency to search its troves of foreign phone and email communications for Americans’ information, and permit law enforcement agencies to search the vast databases as well. The Fisa Improvements Act, promoted by Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, would both make permanent a loophole permitting the NSA to search for Americans’ identifying information without a warrant – and, civil libertarians fear, contains an ambiguity that might allow the FBI, the DEA and other law enforcement agencies to do the same thing. “For the first time, the statute would explicitly allow the government to proactively search through the NSA data troves of information without a warrant,” said Michelle Richardson, the surveillance lobbyist for the ACLU.
  • “It may also expand current practices by allowing law enforcement to directly access US person information that was nominally collected for foreign intelligence purposes. This fourth amendment back door needs to be closed, not written into stone.” Feinstein’s bill passed the committee on an 11 to 4 vote on 31 October. An expanded report on its provisions released by the committee this week added details about the ability of both intelligence and law enforcement to sift through foreign communications databases that it accumulates under section 702 of the Fisa Amendments Act of 2008. Section 6 of Feinstein’s bill blesses what her committee colleague Ron Wyden, the Oregon Democrat and civil libertarian, has called the “backdoor search provision,” which the Guardian revealed thanks to a leak by Edward Snowden.  The section permits intelligence agencies to search “the contents of communications” collected primarily overseas for identifying information on US citizens, resident aliens and people inside the US, provided that the “purpose of the query is to obtain foreign intelligence information or information necessary to understand foreign intelligence information or to assess its importance.”
  • Section 6 bills itself as a “restriction,” but it would not stop the NSA from performing the warrantless search, merely requiring intelligence agencies to log their queries and make them “available for review” to Congress, the Fisa court, the Justice Department and inspectors general inside the executive branch. Additionally, the report on Section 6 explicitly states that the provision “does not limit the authority of law enforcement agencies to conduct queries of data acquired pursuant to Section 702 of Fisa for law enforcement purposes.” There is ambiguity surrounding whether the FBI can currently search through the NSA’s foreign communications databases, or is reliant on the NSA to pass on information from the databases relevant to the bureau. A declassified Fisa court document from 2011 refers to “FBI minimization procedures,” but it is unclear what those procedures are. A copy of the FBI minimization procedures from 2009, acquired by the ACLU under the Freedom of Information Act is almost completely redacted. So is the section in the government’s most recent report on its Section 702 collection dealing with the FBI’s role, though it contains references to how the FBI “receive[s] … unminimized Section 70 acquired communications” from the NSA. 
  • ...1 more annotation...
  • Feinstein’s bill “seems to imply there is currently some authority for law enforcement to query the database, which [intelligence community] officials have not mentioned in any of their remarks on Section 702,” said Alan Butler, an attorney with the Electronic Privacy Information Center. The provision is also unclear about whether law enforcement agencies can search through the foreign communications databases for information on US persons. Feinstein’s office did not respond to a request for clarification by deadline. The ambiguity concerns civil libertarians, as it opens a door for law enforcement agencies to sidestep warrant requirements. “If Senator Feinstein or other congressional supporters of this bill believe that it would in fact expand law enforcement access to the database, that would be an unjustified expansion of surveillance over Americans,” Butler said.
Gary Edwards

The Senate Has Passed the TPP Fast Track Bill-We Now Take Our Fight to the House | Elec... - 0 views

www.eff.org/...-fast-track-now-fight-in-house

TPP-Fast-Track

shared by Gary Edwards on 26 May 15 - No Cached
  • Lawmakers have headed back to their home district for the Memorial Day recess, so there's a chance you, as a constituent, can meet with them. Absent that, you can visit their district staff who can receive and forward on your concerns to your representative even after lawmakers go back to the Capitol. They will be receptive to the concerns of smart, tech-savvy constituents who care enough to arrange a meeting. We know there's a big difference between calling and writing to your congressperson, and actually talking to them face-to-face. But this is a vital moment, and there's a fighting chance that your decision to meet with your representative's office could make all the difference.
  • If you're interested, read this guide on how to set up a meeting with your lawmakers. We also prepared a hand out with talking points for you to take with you when you go. We also encourage you to tell them about our letter with 250 tech companies and user rights groups urging Congress to oppose the TPP Fast Track for containing provisions that threaten digital innovation and users. Powerful corporate interests like the Motion Picture Association of America, Recording Industry Association of America, and the Business Software Alliance are intent on having anti-user trade deals pass without proper oversight. That's because the policies they're pushing for couldn't otherwise pass in a participatory, transparent process. It's up to us to stop this massive, secret corporate hand out, and we're going to need all the help we can get. If you end up meeting with your representative or their staff, please email info@eff.org to let us know how it went!
  • Gary Edwards on 26 May 15
     
    "The Senate passed a bill Friday night to put the Trans-Pacific Partnership (TPP) on the Fast Track to approval. Its passage followed a series of stops and starts-an indication that this legislation was nearly too rife with controversy to pass. But after a series of deals and calls from corporate executives, senators ultimately swallowed their criticism and accepted the measure. If this bill ends up passing both chambers of Congress, that means the White House can rush the TPP through to congressional ratification, with lawmakers unable to fully debate or even amend agreements that have been negotiated entirely in secret. On the plus side, all of these delays in the Senate has led other TPP partners to delay any further negotiations on the trade agreement until Fast Track is approved by Congress. So the fight now starts in the House, where proponents of secret trade deals still lack the votes to pass the bill. But the White House and other TPP proponents are fiercely determined to garner enough support among representatives to pass the bill, in order to give themselves almost unilateral power to enact extreme digital regulations in secret. We cannot let that happen. In the House, we still have a chance to block the passage of Fast Track. That's why we are asking people in the U.S. to meet with their representatives and staff to nudge them to make the right decision. Back in DC, they may have heard arguments for and against the TPP. Your representative might think this so-called trade agreement is just about free trade, but they might not know how the copyright provisions and other leaked proposals in the TPP threaten the Internet, as well as users, developers, and start-ups across the country."
Paul Merrell

CISA Cybersecurity Bill Advances Despite Privacy Concerns | WIRED - 0 views

www.wired.com/...nces-despite-privacy-critiques

surveillance state NSA cybersecurity legislation CISA privacy-loophole

shared by Paul Merrell on 13 Mar 15 - No Cached
  • For months, privacy advocates have been pointing to flaws in CISA, the new reincarnation of the cybersecurity bill known as CISPA that Congress has been kicking around since 2013. But today that zombie bill lurched one step closer to becoming law. The Senate Intelligence Committee passed the Cybersecurity Information Sharing Act, or CISA, by a vote of 14 to one Thursday afternoon. The bill, like the failed Cybersecurity Information Sharing and Protection Act that proceeded it, is designed to encourage the sharing of data between private companies and the government to prevent and respond to cybersecurity threats. But privacy critics have protested that CISA would create a legal framework for companies to more closely monitor internet users and share that data with government agencies.
  • After Thursday’s vote, Senator Ron Wyden—the only member of the Senate’s intelligence committee to vote against the bill—repeated those privacy concerns in a public statement. “If information-sharing legislation does not include adequate privacy protections then that’s not a cybersecurity bill—it’s a surveillance bill by another name,” he wrote. “It makes sense to encourage private firms to share information about cybersecurity threats. But this information sharing is only acceptable if there are strong protections for the privacy rights of law-abiding American citizens.”
  • Looking at the most recently revealed public version of CISA, privacy advocates have pointed out that it would allow sharing of personal data that goes beyond cybersecurity threats. It also allows the sharing of private sector data with the government that could prevent “terrorism” or an “imminent threat of death or serious bodily harm.” That language, Open Technology Institute privacy counsel Robyn Greene has argued, means CISA might “facilitate investigations into garden-variety violent crimes that have nothing to do with cyber threats.” “If that weren’t worrisome enough, the bill would also let law enforcement and other government agencies use information it receives to investigate, without a requirement for imminence or any connection to computer crime, even more crimes like carjacking, robbery, possession or use of firearms, ID fraud, and espionage,” Greene wrote in February. “While some of these are terrible crimes, and law enforcement should take reasonable steps to investigate them, they should not do so with information that was shared under the guise of enhancing cybersecurity.”
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