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Paul Merrell

Tomgram: Todd Miller, The Creation of a Border Security State | TomDispatch - 0 views

www.tomdispatch.com/...ion_of_a_border_security_state

security state Constitution constitution-free-zones Border-Patrol surveillance state

shared by Paul Merrell on 22 Apr 14 - No Cached
  • Sometimes you really do need a map if you want to know where you are.  In 2008, the ACLU issued just such a map of this country and it’s like nothing ever seen before.  Titled “the Constitution-Free Zone of the United States,” it traces our country’s borders.  Maybe you’re already tuning out.  After all, you probably don’t think you live on or near such a border.  Well, think again.  As it happens, in our brave, new, post-9/11 world, as long as we’re talking “homeland security” or “war on terror,” anything can be redefined.  So why not a border? Our borders have, conveniently enough, long been Constitution-free zones where more or less anything goes, including warrantless searches of various sorts.  In the twenty-first century, however, the border itself, north as well as south, has not only been increasingly up-armored, but redefined as a 100-mile-wide strip around the United States (and Alaska).  In other words -- check that map again -- our “borders” now cover an expanse in which nearly 200 million Americans, or two-thirds of the U.S. population, live.  Included are nine of the 10 largest metropolitan areas.  If you live in Florida, Maine, or Michigan, for example, no matter how far inland you may be, you are “on the border.”
  • Imagine that.  And then imagine what it means.  U.S. Customs and Border Protection, as Todd Miller points out today, is not only the largest law enforcement agency in the country you know next to nothing about, but the largest, flat and simple.  Now, its agents can act as if the Constitution has been put to bed up to 100 miles inland anywhere.  This, in turn, means -- as the ACLU has written -- that at new checkpoints and elsewhere in areas no American would once have considered borderlands, you can be stopped, interrogated, and searched “on an everyday basis with absolutely no suspicion of wrongdoing.” Under the circumstances, it’s startling that, since the ACLU made its case back in 2008, this new American reality has gotten remarkably little attention.  So it’s lucky that TomDispatch regular Miller's invaluable and gripping book, Border Patrol Nation: Dispatches from the Front Lines of Homeland Security, has just been published.  It’s an eye opener, and it’s about time that “border” issues stopped being left to those on the old-fashioned version of the border and immigration mavens.  It’s a subject that, by definition, now concerns at least two-thirds of us in a big way.
  • Border Security Expo 2014 catches in one confined space the expansiveness of a “booming” border market. If you include “cross-border terrorism, cyber crime, piracy, [the] drug trade, human trafficking, internal dissent, and separatist movements,” all “driving factor[s] for the homeland security market,” by 2018 it could reach $544 billion globally. It is here that U.S. Homeland Security officials, local law enforcement, and border forces from all over the world talk contracts with private industry representatives, exhibit their techno-optimism, and begin to hammer out a future of ever more hardened, up-armored national and international boundaries. The global video surveillance market alone is expected to be a $40 billion industry by 2020, almost three times its $13.5 billion value in 2013. According to projections, 2020 border surveillance cameras will be capturing 3.4 trillion video hours globally. In case you were wondering, that’s more than 340 million years of video footage if you were watching 24 hours a day.
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  • It is in the U.S. borderlands that, as anthropologist Josiah Heyman once wrote, the U.S. government’s modern expertise in creating and tracking "a marked population” was first developed and practiced. It involved, he wrote prophetically, “the birth and development of a... means of domination, born of the mating between moral panics about foreigners and drugs, and a well-funded and expert bureaucracy.” You may not be able to watch them at the Border Security Expo, but in those borderlands -- make no bones about it -- the Department of Homeland Security, with its tripartite missions of drug interdiction, immigration enforcement, and the war on terror, is watching you, whoever you are. And make no bones about this either: our borders are widening and the zones in which the watchers are increasingly free to do whatever they want are growing.
  • In March, U.S. Customs and Border Protection (CBP) awarded a $145 million contract to that Israeli company through its U.S. division. Elbit Systems prides itself on having spent “10+ years securing the world’s most challenging borders,” above all deploying similar “border protection systems” to the separation wall between Israel and Palestine. It is now poised to enter U.S. indigenous lands.
  • Now, thanks to the Elbit Systems contract, a new kind of border will continue to be added to this layering.  Imagine part of the futuristic Phoenix exhibition hall leaving Border Expo with the goal of incorporating itself into the lands of a people who were living here before there was a “New World,” no less a United States or a Border Patrol. Though this is increasingly the reality from Brownsville, Texas, to San Diego, California, on Tohono O’odham land a post-9/11 war posture shades uncomfortably into the leftovers from a nineteenth century Indian war.  Think of it as the place where the homeland security state meets its older compatriot, Manifest Destiny.
Paul Merrell

"Crisis At The Border" Is Yet Another Example Of "Blowback." - 0 views

www.informationclearinghouse.info/article39068.htm

war & peace U.S.-foreign-policy immigration Honduras coup El-Salvador Guatemala

shared by Paul Merrell on 13 Jul 14 - No Cached
  • If you’re reading this, you probably follow the news. So you’ve probably heard of the latest iteration of the “crisis at the border”: tens of thousands of children, many of them unaccompanied by an adult, crossing the desert from Mexico into the United States, where they surrender to the Border Patrol in hope of being allowed to remain here permanently. Immigration and Customs Enforcement’s detention and hearing system has been overwhelmed by the surge of children and, in some cases, their parents. The Obama Administration has asked Congress to approve new funding to speed up processing and deportations of these illegal immigrants. Even if you’ve followed this story closely, you probably haven’t heard the depressing backstory — the reason so many Central Americans are sending their children on a dangerous thousand-mile journey up the spine of Mexico, where they ride atop freight trains, endure shakedowns by corrupt police and face rapists, bandits and other predators. (For a sense of what it’s like, check out the excellent 2009 film “Sin Nombre.”) NPR and other mainstream news outlets are parroting the White House, which blames unscrupulous “coyotes” (human smugglers) for “lying to parents, telling them that if they put their kids in the hands of traffickers and get to the United States that they will be able to stay.” True: the coyotes are saying that in order to gin up business. Also true: U.S. law has changed, and many of these kids have a strong legal case for asylum. Unfortunately, U.S. officials are ignoring the law.
  • The sad truth is that this “crisis at the border” is yet another example of “blowback.” Blowback is an unintended negative consequence of U.S. political, military and/or economic intervention overseas — when something we did in the past comes back to bite us in the ass. 9/11 is the classic example; arming and funding radical Islamists in the Middle East and South Asia who were less grateful for our help than angry at the U.S.’ simultaneous backing for oppressive governments (The House of Saud, Saddam, Assad, etc.) in the region. More recent cases include U.S. support for Islamist insurgents in Libya and Syria, which destabilized both countries and led to the murders of U.S. consular officials in Benghazi, and the rise of ISIS, the guerilla army that imperils the U.S.-backed Maliki regime in Baghdad, respectively. Confusing the issue for casual American news consumers is that the current border crisis doesn’t involve the usual Mexicans traveling north in search of work. Instead, we’re talking about people from Central American nations devastated by a century of American colonialism and imperialism, much of that intervention surprisingly recent. Central American refugees are merely transiting through Mexico.
  • “The unaccompanied children crossing the border into the United States are leaving behind mainly three Central American countries, Honduras, El Salvador and Guatemala. The first two are among the world’s most violent and all three have deep poverty, according to a Pew Research report based on Department of Homeland Security (DHS) information,” reports NBC News. “El Salvador ranked second in terms of homicides in Latin America in 2011, and it is still high on the list. Honduras, Guatemala and El Salvador are among the poorest nations in Latin America. Thirty percent of Hondurans, 17 percent of Salvadorans and 26 percent of Guatemalans live on less than $2 a day.” The fact that Honduras is the biggest source of the exodus jumped out at me. That’s because, in 2009, the United States government — under President Obama — tacitly supported a military coup that overthrew the democratically elected president of Honduras. “Washington has a very close relationship with the Honduran military, which goes back decades,” The Guardian noted at the time. “During the 1980s, the US used bases in Honduras to train and arm the Contras, Nicaraguan paramilitaries who became known for their atrocities in their war against the Sandinista government in neighbouring Nicaragua.”
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  • Honduras wasn’t paradise under President Manuel Zelaya. Since the coup, however, the country has entered a downward death spiral of drug-related bloodshed and political revenge killings that crashed the economy, brought an end to law, order and civil society, and now has some analysts calling it a “failed state” along the lines of Somalia and Afghanistan during the 1990s. “Zelaya’s overthrow created a vacuum in security in which military and police were now focused more on political protest, and also led to a freeze in international aid that markedly worsened socio-economic conditions,” Mark Ungar, professor of political science at Brooklyn College and the City University of New York, told The International Business Times. “The 2009 coup, asserts [Tulane] professor Aaron Schneider, gave the Honduran military more political and economic leverage, at the same time as the state and political elites lost their legitimacy, resources and the capacity to govern large parts of the country.” El Salvador and Guatemala, also narcostates devastated by decades of U.S. support for oppressive, corrupt right-wing dictatorships, are suffering similar conditions.
  • Talk about brass! The United States does it everything it can to screw up Central America — and then acts surprised when desperate people show up at its front gate trying to escape the (U.S.-caused) carnage. Letting the kids stay — along with their families — is less than the least we could do.
Paul Merrell

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

surveillance state NSA pen-register 4th Amendment

shared by Paul Merrell on 20 Jun 13 - No Cached
  • SMITH v. MARYLAND, 442 U.S. 735 (1979)
  • The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.
  • (b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.
  • Paul Merrell on 20 Jun 13
     
    The Washington Post has reported that "on July 15 [2001], the secret surveillance court allowed the NSA to resume bulk collection under the court's own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as "pen register, trap and trace," that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line." .  The seminal case on pen registers is the Supreme Court's 1979 Smith v. Maryland decision, bookmarked here and the Clerk's syllabus highlighted, with the Court's discussion on the same web page. We will be hearing a lot about this case decision in the weeks and months to come.  Let it suffice for now to record a few points of what my antenna are telling me:  -- Both technology and the law have moved on since then. We are 34 years down the line from the Smith decision. Its pronouncements have been sliced and diced by subsequent decisions. Not a single Justice who sat on the Smith case is still on the High Bench.   -- In Smith, a single pen register was used to obtain calling information from a single telephone number by law enforcement officials. In the present circumstance, we face an Orwellian situation of a secret intelligence agency with no law enforcement authority forbidden by law from conducting domestic surveillance perusing and all digital communications of the entire citizenry. -- The NSA has been gathering not only information analogous to pen register results but also the communications of American citizens themselves. The communications themselves --- the contents --- are subject to the 4th Amendment warrant requirement. Consider the circuitous route of the records ordered to be disclosed in the Verizon FISA order. Verizon was ordered to disclose them to the FBI, not to the NSA. But then the FBI apparently forwards the records to the NSA, who has both the "pen register
Paul Merrell

Turkey Cooks the Books in Syria | The American Conservative - 0 views

www.theamericanconservative.com/...urkey-cooks-the-books-in-syria

war & peace Syria Turkey U.S.-foreign-policy false-flag

shared by Paul Merrell on 25 Apr 14 - No Cached
  • If you had been a reader of The American Conservative magazine back in December 2011, you might have learned from an article written by me that “Unmarked NATO warplanes are arriving at Turkish military bases close to Iskenderum on the Syrian border, delivering weapons [to the Free Syrian Army] derived from Colonel Muammar Gaddafi’s arsenals…” Well, it seems that the rest of the media is beginning to catch up with the old news, supplemented with significant details by Sy Hersh in the latest issue of the London Review of Books in an article entitled “The Red Line and the Rat Line.” The reality is that numerous former intelligence officials, like myself, have long known most of the story surrounding the on-again off-again intervention by the United States and others in Syria, but what was needed was a Sy Hersh, with his unmatched range of contacts deep in both the Pentagon as well as at CIA and State Department, to stitch it all together with corroboration from multiple sources. In a sense it was a secret that wasn’t really very well hidden but which the mainstream media wouldn’t touch with a barge pole because it revealed that the Obama Administration, just like the Bushies who preceded it, has been actively though clandestinely conspiring to overthrow yet another government in the Middle East. One might well conclude that the White House is like the Bourbon Kings of France in that it never forgets anything but never learns anything either.
  • The few media outlets that are willing to pick up the Syria story even now are gingerly treating it as something new, jumping in based on their own editorial biases, sometimes emphasizing the CIA and MI6 role in cooperating with the Turks to undermine Bashar al-Assad. But Hersh’s tale is only surprising if one had not been reading between the lines over the past three years, where the clandestine role of the British and American governments was evident and frequently reported on over the internet and, most particularly, in the local media in the Middle East. Far from being either rogue or deliberately deceptive, operations by the U.S. and UK intelligence services, the so-called “ratlines” feeding weapons into Syria, were fully vetted and approved by both the White House and Number 10 Downing Street. The more recent exposure of the Benghazi CIA base’s possible involvement in obtaining Libyan arms as part of the process of equipping the Syrian insurgents almost blew the lid off of the arrangement but somehow the media attention was diverted by a partisan attack on the Obama Administration over who said what and when to explain the security breakdown and the real story sank out of sight.
  • So this is what happened, roughly speaking: the United States had been seeking the ouster of President Bashar al-Assad of Syria since at least 2003, joining with Saudi Arabia, which had been funding efforts to destabilize his regime even earlier. Why? Because from the Saudi viewpoint Syria was an ally of Iran and was also a heretical state led by a secular government dominated by Alawite Muslims, viewed as being uncomfortably close to Shi’ites in their apostasy. From the U.S. viewpoint, the ties to Iran and reports of Syrian interference in Lebanon were a sufficient casus belli coupled with a geostrategic assessment shared with the Saudis that Syria served as the essential land bridge connecting Hezbollah in Lebanon to Iran. The subsequent Congressional Syria Accountability Acts of 2004 and 2010, like similar legislation directed against Iran, have resulted in little accountability and have instead stifled diplomacy. They punished Syria with sanctions for supporting Hezbollah in Lebanon and for its links to Tehran, making any possible improvement in relations problematical. The 2010 Act even calls for steps to bring about regime change in Damascus. The United States also engaged in a program eerily reminiscent of its recent moves to destabilize the government in Ukraine, i.e., sending in ambassadors and charges who deliberately provoked the Syrian government by meeting with opposition leaders and openly making demands for greater democracy. The last U.S. Ambassador to Syria Robert Ford spoke openly in support of the protesters while serving in Damascus in 2010. On one occasion he was pelted with tomatoes and was eventually removed over safety concerns.
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  • Lost in translation is the fact that Washington’s growing support for radical insurgency in Syria would also inevitably destabilize all its neighbors, most notably including Iraq, which has indeed been the case, making a shambles of U.S. claims that it was seeking to introduce stable democracies into the region. Some also saw irony in the fact that a few years before Washington decided al-Assad was an enemy it had been sending victims of the CIA’s rendition program to Syria, suggesting that at least some short-term and long-term strategies were on a collision course from the start, if indeed the advocates of the two policies were actually communicating with each other at all. Prime Minister Recep Tayyip Erdogan of Turkey, whose country shared a long border with Syria and who had legitimate security concerns relating to Kurdish separatists operating out of the border region, became the proxy in the secret war for Washington and its principal European allies, the British and French. When the U.S.-Saudi supported insurgency began to heat up and turn violent, Turkey became the key front line state in pushing for aggressive action against Damascus. Erdogan miscalculated, thinking that al-Assad was on his last legs, needing only a push to force him out, and Ankara saw itself as ultimately benefiting from a weak Syria with a Turkish-controlled buffer zone along the border to keep the Kurds in check.
  • Hersh reports how President Barack Obama had to back down from attacking Syria when the Anglo-American intelligence community informed him flatly and unambiguously that Damascus was not responsible for the poison gas attack that took place in Damascus on August 21, 2013 that was being exploited as a casus belli. The information supporting that assertion was known to many like myself who move around the fringes of the intelligence community, but the real revelation from Hersh is the depth of Turkish involvement in the incident in order to have the atrocity be exploitable as a pretext for American armed intervention, which, at that point, Erdogan strongly desired. As the use of weapons of mass destruction against civilians was one of the red lines that Obama had foolishly promoted regarding Syria Erdogan was eager to deliver just that to force the U.S.’s hand. Relying on unidentified senior U.S. intelligence sources, Hersh demonstrates how Turkey’s own preferred militant group Jabhat al-Nusra, which is generally regarded as an al-Qaeda affiliate, apparently used Turkish-provided chemicals and instructions to stage the attack.
  • Is it all true? Unless one has access to the same raw information as Sy Hersh it is difficult to say with any certainty, but I believe I know who some of the sources are and they both have good access to intelligence and are reliable. Plus, the whole narrative has an undeniable plausibility, particularly if one also considers other evidence of Erdogan’s willingness to take large risks coupled with a more general Turkish underhandedness relating to Syria. On March 23rd, one week before local elections in Turkey that Erdogan feared would go badly for him, a Turkish air force F-16 shot down a Syrian Mig-23, claiming that it had strayed half a mile into Turkish airspace. The pilot who bailed out, claimed that he was attacking insurgent targets at least four miles inside the border when he was shot down, an assertion borne out by physical evidence as the plane’s remains landed inside Syria. Was Erdogan demonstrating how tough he could be just before elections? Possibly.
  • Critics of Hersh claim that the Turks would be incapable of carrying out such a grand subterfuge, but I would argue that putting together some technicians, chemicals, and a couple of trucks to carry the load are well within the capability of MIT, an organization that I have worked with and whose abilities I respect. And one must regard with dismay the “tangled webs we weave,” with due credit to Bobby Burns, for what has subsequently evolved in Syria. Allies like Turkey that are willing to cook the books to bring about military action are exploiting the uncertainty of a White House that continues to search for foreign policy successes while simultaneously being unable to define any genuine American interests. Syria is far from an innocent in the ensuing mayhem, but it has become the fall guy for a whole series of failed policies. Turkey meanwhile has exploited the confusion to clamp down on dissent and to institutionalize Erdogan’s authoritarian inclinations. Ten years of American-licensed meddling combined with obliviousness to possible consequences has led to in excess of 100,000 dead Syrians and the introduction of large terrorist infrastructures into the Arab heartland, yet another foreign policy disaster in the making with no clear way out.
  • Paul Merrell on 25 Apr 14
     
    Former CIA officer Philip Giraldi adds valuable context to revelations of Turkey's involvement in the false flag Sarin gas attack in Syria and in Turkey's follow-up plan to stage a false flag attack on a Turkish tomb in Syria as a pretext for Turkish invasion of Syria. 
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria

Benghazi Benghazigate Benghazi-coverup

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

NSA collects millions of text messages daily in 'untargeted' global sweep | World news ... - 0 views

www.theguardian.com/...-daily-untargeted-global-sweep

surveillance state NSA GCHQ NSA-targets SMS text-messages

shared by Paul Merrell on 23 Jan 14 - No Cached
  • The National Security Agency has collected almost 200 million text messages a day from across the globe, using them to extract data including location, contact networks and credit card details, according to top-secret documents. The untargeted collection and storage of SMS messages – including their contacts – is revealed in a joint investigation between the Guardian and the UK’s Channel 4 News based on material provided by NSA whistleblower Edward Snowden. The documents also reveal the UK spy agency GCHQ has made use of the NSA database to search the metadata of “untargeted and unwarranted” communications belonging to people in the UK.
  • The NSA program, codenamed Dishfire, collects “pretty much everything it can”, according to GCHQ documents, rather than merely storing the communications of existing surveillance targets. The NSA has made extensive use of its vast text message database to extract information on people’s travel plans, contact books, financial transactions and more – including of individuals under no suspicion of illegal activity. An agency presentation from 2011 – subtitled “SMS Text Messages: A Goldmine to Exploit” – reveals the program collected an average of 194 million text messages a day in April of that year. In addition to storing the messages themselves, a further program known as “Prefer” conducted automated analysis on the untargeted communications.
  • The Prefer program uses automated text messages such as missed call alerts or texts sent with international roaming charges to extract information, which the agency describes as “content-derived metadata”, and explains that “such gems are not in current metadata stores and would enhance current analytics”. On average, each day the NSA was able to extract:
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  • • More than 5 million missed-call alerts, for use in contact-chaining analysis (working out someone’s social network from who they contact and when) • Details of 1.6 million border crossings a day, from network roaming alerts • More than 110,000 names, from electronic business cards, which also included the ability to extract and save images.
  • • Over 800,000 financial transactions, either through text-to-text payments or linking credit cards to phone users The agency was also able to extract geolocation data from more than 76,000 text messages a day, including from “requests by people for route info” and “setting up meetings”. Other travel information was obtained from itinerary texts sent by travel companies, even including cancellations and delays to travel plans.
  • Communications from US phone numbers, the documents suggest, were removed (or “minimized”) from the database – but those of other countries, including the UK, were retained. The revelation the NSA is collecting and extracting personal information from hundreds of millions of global text messages a day is likely to intensify international pressure on US president Barack Obama, who on Friday is set to give his response to the report of his NSA review panel.
  • While US attention has focused on whether the NSA’s controversial phone metadata program will be discontinued, the panel also suggested US spy agencies should pay more consideration to the privacy rights of foreigners, and reconsider spying efforts against allied heads of state and diplomats. In a statement to the Guardian, a spokeswoman for the NSA said any implication that the agency’s collection was “arbitrary and unconstrained is false”. The agency’s capabilities were directed only against “valid foreign intelligence targets” and were subject to stringent legal safeguards, she said.
  • “In contrast to [most] GCHQ equivalents, DISHFIRE contains a large volume of unselected SMS traffic,” it states (emphasis original). “This makes it particularly useful for the development of new targets, since it is possible to examine the content of messages sent months or even years before the target was known to be of interest.” It later explains in plain terms how useful this capability can be. Comparing Dishfire favourably to a GCHQ counterpart which only collects against phone numbers that have specifically been targeted, it states “Dishfire collects pretty much everything it can, so you can see SMS from a selector which is not targeted”.
  • The document also states the database allows for broad, bulk searches of keywords which could result in a high number of hits, rather than just narrow searches against particular phone numbers: “It is also possible to search against the content in bulk (e.g. for a name or home telephone number) if the target’s mobile phone number is not known.” Analysts are warned to be careful when searching content for terms relating to UK citizens or people currently residing in the UK, as these searches could be successful but would not be legal without a warrant or similar targeting authority. However, a note from GCHQ’s operational legalities team, dated May 2008, states agents can search Dishfire for “events” data relating to UK numbers – who is contacting who, and when.
Paul Merrell

US v. Davis, 754 F. 3d 1205 - Court of Appeals, 11th Circuit 2014 - Google Scholar - 0 views

scholar.google.com/scholar_case

surveillance state litigation 11th-Cir. cell-site-location-data civil liberties 4th Amendment

shared by Paul Merrell on 04 Nov 14 - No Cached
  • 754 F.3d 1205 (2014) UNITED STATES of America, Plaintiff-Appellee, v. Quartavious DAVIS, Defendant-Appellant. No. 12-12928. United States Court of Appeals, Eleventh Circuit. June 11, 2014.
  • The prosecution also offered records obtained from cell phone service providers evidencing that Davis and his co-defendants had placed and received cell phone calls in close proximity to the locations of each of the charged robberies around the 1210*1210 time that the robberies were committed, except for the Mayor's Jewelry store robbery. Davis preserved his objection to the cell phone location evidence and his claim that the government's obtaining such evidence without a warrant issued upon a showing of probable cause violated his rights under the Fourth Amendment.
  • The evidence obtained under the order and presented against Davis in the district court consisted of so-called "cell site location information." That location information 1211*1211 includes a record of calls made by the providers' customer, in this case Davis, and reveals which cell tower carried the call to or from the customer. The cell tower in use will normally be the cell tower closest to the customer. The cell site location information will also reflect the direction of the user from the tower. It is therefore possible to extrapolate the location of the cell phone user at the time and date reflected in the call record.
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  • Davis's Fourth Amendment argument raises issues of first impression in this circuit, and not definitively decided elsewhere in the country. The evidence at issue consists of records obtained from cell phone service providers pursuant to the Stored Communications Act ("SCA"), 18 U.S.C. §§ 2703(c) and (d). Under that Act, the government can obtain from providers of electronic communication service records of subscriber services when the government has obtained either a warrant, § 2703(c)(A), or, as occurred in this case, a court order under subsection (d), see § 2703(c)(B). The order under subsection (d) does not require the government to show probable cause.
  • As we suggested above, the question whether cell site location information is protected by the Fourth Amendment guarantees against warrantless searches has never been determined by this court or the Supreme Court. Two circuits have considered the question, but not in the context of the use of the evidence in a criminal proceeding. Also, one of those opinions issued before the Supreme Court's decision in United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), the most relevant Supreme Court precedent.
  • In short, we hold that cell site location information is within the subscriber's reasonable expectation of privacy. The obtaining of that data without a warrant is a Fourth Amendment violation.
  • Paul Merrell on 04 Nov 14
     
    11th U.S. Circuit Court of Appeals (Southeastern U.S.) holds that section 2703(d) of the Stored Communications Act, which purports to allow the obtaining of a search warrant without a showing of probable cause, violates the 4th Amendment warrant requirement as applied to cell tower "site location information." That should also apply to "fake" cell towers, like the Stingray device (IMSI catcher) used to obtain the same type of information. Likely doubly so because such devices trespass on a radio connection assigned by the FCC between the legitimate cell tower and the user's telephone.
Paul Merrell

John Brennan Dodges a Question About CIA Spying on Americans - Conor Friedersdorf - The... - 0 views

www.theatlantic.com/...283459

surveillance state CIA Brennan domestic-surveillance prevarication

shared by Paul Merrell on 03 Feb 14 - No Cached
  • Senator Mark Udall, a Colorado Democrat, has often used his perch on the Senate Intelligence Committee to ask national-security officials if they're misbehaving. He typically focuses on abuses that are actually happening, so his latest exchange with CIA Director John Brennan demands wider attention. Udall asked if the CIA is engaged in domestic spying or searches on American citizens. An idle question? One wouldn't think so. And the CIA director appeared to evade the question. For that reason, I suspect, but certainly cannot prove, that the intelligence agency is, in fact, engaged in this behavior. But don't take my word for it. Look at the transcript and judge for yourself:  UDALL: This committee was created to address a severe breach of trust that developed when it was revealed that the CIA was conducting unlawful domestic searches. The Church Committee went to work, found that to be true.
  • I want to be able to reassure the American people ... that the CIA and the director understand the limits of their mission and authorities. We're all aware of executive order 12333. That order prohibits the CIA from engaging in domestic spying and searches of US citizens within our borders. Can you assure the committee that the CIA does not conduct such domestic spying and searches?  BRENNAN: I can assure the committee that the CIA follows the letter and the spirit of the law in terms of what the CIA's authorities are, in terms of its responsibilities to collect intelligence that will keep this country safe. Yes, Senator, I do.  Hmm. Reframing the question. Answering indirectly. Concluding with syntax that doesn't fit. It all seems suspicious. When Udall asked, "Can you assure the committee that the CIA does not conduct such domestic spying and searches?" Brennan could've replied, "Yes." But that isn't what he said at all. Why, do you think? There could be an explanation I'm missing, but Udall doesn't typically mislead with questions. This is a subject to watch.
Paul Merrell

The US/NATO Enlargement Project » CounterPunch: Tells the Facts, Names the Names - 0 views

www.counterpunch.org/...rtmentnato-enlargement-project

war & peace Russia NATO U.S.-foreign-policy Ukraine

shared by Paul Merrell on 14 Apr 14 - No Cached
  • In February, 1990, US Secretary of State James Baker (1989-1992), representing President George HW Bush, traveled to Moscow to meet with Russian President Mikhail Gorbachev regarding the possible reunification of Germany and the removal of 300,000 Soviet troops. There is little serious dispute that as the Berlin Wall teetered, Baker promised Gorbachev “there would be no extension of NATO’s jurisdiction for forces of NATO one inch to the east.” Gorbachev is reported to have taken the US at its word and responded “any extension of the zone of NATO is unacceptable.” “I agree,” replied Baker.” Unfortunately, Gorbachev never got it in writing and most historians, at the time, agreed that NATO expansion was “ill conceived, ill-timed, and above all ill-suited to the realities of the post-Cold War world.”
  • President Bush’s National Security Advisor Brent Scowcroft and Bill Clinton’s Defense Secretary were also in agreement. But by 1994, that verbal contract had not deterred the concerted efforts of a handful of State Department policy professionals to subdue the overwhelming bureaucratic opposition according to James Goldgeier in his classic “Not Whether but When: The US Decision to Enlarge NATO.” By 1997, the Gorbachev-Baker-Bush agreement was a forgotten policy trinket as Hungary, Poland and the Czech Republic were accepted into NATO. In 2004, former Soviet satellite countries Lithuania, Latvia and Estonia were admitted and in 2009, Croatia and Albania joined NATO. Currently, the former Soviet republics of Ukraine, Georgia, Moldova, Kazakhstan, Armenia, and Azerbaijan are pending membership and all five former Soviet republics in Central Asia (Kyrgyzstan, Tajikistan, Turkmenistan, Kazakhstan, and Uzbekistan) provide NATO with logistical support for the US war in Afghanistan. As the US-led NATO alliance tightens its grip on the Caucasus countries, the American public has not been informed about the Ukrainian Parliament’s approval for a series of NATO military exercises that would put US troops on Russia’s border, even though the Ukraine is not yet a member of NATO. Rapid Trident is a 12-nation military ‘interoperability’ exercise led by the US who will commit the majority of participating troops and Sea Breeze is a naval exercise that will take place on the Black Sea adjacent to Russian ports. The NATO buildup includes joint ground operations with Moldova and Romania.
  • Most recently, NATO Secretary General Anders Fogh Rasmussen announced that the military alliance has cut Russia off from civilian and military cooperation and that there would be the deployment and reinforcement of military assets including increased air patrols over the Baltic Sea and AWACS surveillance flights over Poland and Romania. It goes without saying that the NATO build up is in addition to the deployment of US troops and F-16 warplanes to Poland, F-15C warplanes to Lithuania and aircraft carriers to the Black and Mediterranean Seas. All this raises the question about whether a promise and handshake in the world of international diplomacy is a real commitment and what is a 1991 international promise made by a Republican Administration worth in 1994 to a Democratic Administration? Apparently zilch.
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  • What all this means is that, behind the diplomatic landscape of verbal jujitsu and summit meetings, there had been a concerted effort at the US State Department with the creation of a NATO Enlargement Office to establish what has become a Russian Wall – an impenetrable US – defined barrier of estrangement along the Russian border meant to cut the country off from land and sea access – as NATO, itching for war, continues to bait Russia with isolation and threats.
Paul Merrell

WorldLII - WorldLII: About WorldLII - 0 views

www.worldlii.org/worldlii

shared by Paul Merrell on 21 Sep 16 - No Cached
  • You are here: WorldLII >> About WorldLII   What is WorldLII? The World Legal Information Institute (WorldLII) is a free, independent and non-profit global legal research facility developed collaboratively by the following Legal Information Institutes and other organisations. Australasian Legal Information Institute (AustLII) British and Irish Legal Information Institute (BAILII) Canadian Legal Information Institute (CanLII) Hong Kong Legal Information Institute (HKLII) Legal Information Institute (Cornell) (LII (Cornell)) Pacific Islands Legal Information Institute (PacLII) Wits University School of Law (Wits Law School) For further details, see the WorldLII brochure. The LIIs, meeting in Montreal in October 2002, adopted the Montreal Declaration on public access to law. WorldLII comprises three main facilities: Databases, Catalog and Websearch.
  • WorldLII Databases WorldLII provides a single search facility for databases located on the following Legal Information Institutes: AustLII; BAILII; CanLII; HKLII; LII (Cornell); and PacLII. WorldLII also includes as part of this searchable collection its own databases not found on other LIIs. These include databases of decisions of international Courts and Tribunals, databases from a number of Asian countries, and databases from South Africa (provided by Wits Law School). Over 270 databases from 48 jurisdictions in 20 countries are included in the initial release of WorldLII. Databases of case-law, legislation, treaties, law reform reports, law journals, and other materials are included. WorldLII welcomes enquiries concerning the possible inclusion of other databases on WorldLII or on one of its collaborating LIIs. WorldLII Catalog and Websearch The WorldLII Catalog provides links to over 15,000 law-related web sites in every country in the world. WorldLII's Websearch makes searchable the full text of as many of these sites as WorldLII's web-spider can reach. WorldLII welcomes enquiries from law librarians and other legal experts who are interested to become Contributing Editors to the WorldLII Catalog.
  • Operation of WorldLII The provision of the WorldLII service is coordinated by the Australasian Legal Information Institute (AustLII), which maintains WorldLII's user interface, the WorldLII Catalog and Websearch, and the databases located only on WorldLII. Technical enhancements to WorldLII are being developed jointly by the cooperating Legal Information Institutes. Contacting WorldLII General contact: feedback@worldlii.org AustLII/WorldLII Co-Directors: Professor Andrew Mowbray, UTS <andrew@austlii.edu.au> Professor Graham Greenleaf, UNSW <graham@austlii.edu.au> Philip Chung, AustLII Executive Director <philip@austlii.edu.au> Mail: WorldLII, c/- AustLII, UTS Faculty of Law, PO Box 123 Broadway NSW 2007 Australia Telephone: +61 2 9514 4921 Fax: +61 2 9514 4908 We hope that you enjoy using WorldLII and find it to be a useful service. Feedback (particularly words of encouragement or constructive criticism) are welcome and may be sent to feedback@worldlii.org. WorldLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.worldlii.org/worldlii/
  • Paul Merrell on 21 Sep 16
     
    The various Legal information Institutes that collaborate on WorldLII have the most advanced, integrated, and largest public legal research databases available on the Internet, searchable through a common interface. Still nothing like a complete university law library because so many legal source materials are copyrighted, this is the combined effort of many law schools. A companion browser extension is available for Chrome and Firefox called Jureeka. That extension causes your pages rendered in the browser to contain hyperlinks to all legal authorities cited on the page that are recognized by the extension, with the links going to case law, regulations, and statues that are in the public domain. https://chrome.google.com/webstore/detail/jureeka/ediidjmindkcaflpfjgabfaibhngadbb?utm_source=chrome-app-launcher-info-dialog Thus far, Jureeka is integrated with all legal materials published by the Legal Information Institute long located at Cornell Law School, as well as the Justia archives of U.S. case law. Rumor has it that the extension will be extended to cover materials published by other Legal Information Institutes at various law schools around the globe.
Paul Merrell

Hillary Clinton's Real Scandal Is Honduras, Not Benghazi - 0 views

www.informationclearinghouse.info/article39225.htm

Auction 2016 Hillary Honduras

shared by Paul Merrell on 28 Jul 14 - No Cached
  • What beats me is why more Democrats aren’t deeply troubled by the legacy of Clinton’s foreign policy blunder in Honduras. Maybe you’ve forgotten what happened in that small country in the first year of the Obama administration — more on that in a moment. But surely you’ve noticed the ugly wave of xenophobia greeting a growing number of Central American child refugees arriving on our southern border. Some of President Barack Obama’s supporters are trying to blame this immigration crisis on the Bush administration because of an anti-trafficking law George W. signed in 2008 specifically written to protect Central American children that preceded an uptick in their arrivals. But which country is the top source of kids crossing the border? Honduras, home to the world’s highest murder rate, Latin America’s worst economic inequality, and a repressive U.S.-backed government. When Honduran military forces allied with rightist lawmakers ousted democratically elected President Manuel Zelaya in 2009, then-Secretary of State Clinton sided with the armed forces and fought global pressure to reinstate him.
  • Washington wields great influence over Honduras, thanks to the numerous military bases built with U.S. funds where training and joint military and anti-drug operations take place. Since the coup, nearly $350 million in U.S. assistance, including more than $50 million in military aid has poured into the country. That’s a lot of investment in a nation where the police, the military, and private security forces are killing people with alarming frequency and impunity, according to Human Rights Watch. In short, desperate Honduran children are seeking refuge from a human rights nightmare that would cast a dark cloud over Clinton’s presidential bid right now if the media were paying any attention. That wouldn’t give Republicans a big advantage, of course. Until they stop alienating a majority of female voters and communities of color, I find it hard to see the party of Mitt Romney and John McCain winning the White House.
  • Given the Democratic Party’s demographic edge, progressives have nothing to lose by seizing on the GOP field’s weakness and pressing for a viable alternative to another Clinton administration. Senator Elizabeth Warren could prove a contender. Unfortunately, the consumer-rights firebrand and Massachusetts Democrat lacks any foreign policy experience. And foreign policy is no afterthought these days. Israel — the recipient of $3.1 billion a year in U.S. military aid — is waging a ground war in Gaza, and the stakes in the Russia-Ukraine conflict just grew following the downing of that Malaysia Airlines jet. Plus, Iraq is growing more violent and unstable once more. On all these issues, Clinton is more hawkish than most of the Democratic base. But other Democrats with a wide range of liberal credentials and foreign policy expertise are signaling some interest in running, especially if Clinton ultimately sits out the race. Even if Clinton does win in 2016, a serious progressive primary challenge could help shape her presidency. As more and more Honduran kids cross our border in search of a safe haven, voters should take a good look at her track record at the State Department and reconsider the inevitability of another Clinton administration.
Paul Merrell

NSA 'not interested in' Americans, privacy officer claims | TheHill - 0 views

thehill.com/...ericans-privacy-officer-claims

surveillance state NSA not-interested Richards

shared by Paul Merrell on 18 Mar 16 - No Cached
  • The National Security Agency’s internal civil liberties watchdog insisted on Thursday that the agency has no interest in spying on Americans under its controversial spying tools. “Our employees are trained to not look for U.S. persons,” NSA privacy and civil liberties officer Rebecca Richards said on Thursday.
  • “We’re not interested in those U.S. persons. We’re trying to look away from those,” she added. “Instead, we’re looking for where are our targets?”Richards’s comments came up during a Capitol Hill panel discussion about a new report on U.S. spying from the Brennan Center for Justice.The analysis looks at aspects of a presidential order that dates back to Ronald Reagan and was updated by then-President George W. Bush, called Executive Order 12333.
  • Programs under the order, which is meant to guide foreign surveillance, “have implications for Americans’ privacy that could well be greater than those of their domestic counterparts,” the organization wrote in its analysis. “The vast majority of Americans — whether wittingly or not — engage in communication that is transmitted or stored overseas.”“This reality of the digital age renders Americans’ communications and data highly vulnerable to NSA surveillance abroad.”
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  • NSA surveillance under Executive Order 12333 is separate from the agency’s higher profile bulk collection of Americans’ phone records, which ended last year. It also occurs under separate legal powers than a controversial provision of the 2008 update to the Foreign Intelligence Surveillance Act, which comes up for renewal at the end of 2017.The executive order targets foreigners, but can “incidentally” pick up data about Americans if their activity on the Internet crosses international borders, Richards acknowledged.“Our procedures are designed to say: There are occasions when you are going to get U.S. persons,” she said, “and when you get those U.S. persons, here’s the rules.”
  • Richards is the agency’s first ever civil liberties officer. She was hired in early 2014, on the heels of fallout from Edward Snowden’s leaks about the spy agency. 
  • Paul Merrell on 18 Mar 16
     
    Not interested. Apparently that's why NSA was turning over raw search results to Israel without filtering out "U.S. persons" data. And why they just decided to give other agencies including law enforcement access to raw search results. And why Gen. Keith Alexander personally put together a program to ruin people's reputations including a "U.S. person." And why Russell Tice said that he personally had Obama's NSA dossier in his hands when Obama was running for the U.S. Senate. And why Tice says NSA had similar dossiers on members of Congress and the justices of the U.S. Supreme Court and targeted "lots of lawyers." On and on.  Ms. Richards appears to have become a quick study in NSA's hallmark skill of lying to the public. 
Paul Merrell

Hacked Emails Reveal NATO General Plotting Against Obama on Russia Policy - 0 views

theintercept.com/...nato-general-emails

war & peace Ukraine Russia NATO Breedlove Obama leak emails

shared by Paul Merrell on 07 Jul 16 - No Cached
  • Retired U.S. Air Force Gen. Philip Breedlove, until recently the supreme commander of NATO forces in Europe, plotted in private to overcome President Barack Obama’s reluctance to escalate military tensions with Russia over the war in Ukraine in 2014, according to apparently hacked emails from Breedlove’s Gmail account that were posted on a new website called DC Leaks. Obama defied political pressure from hawks in Congress and the military to provide lethal assistance to the Ukrainian government, fearing that doing so would increase the bloodshed and provide Russian President Vladimir Putin with the justification for deeper incursions into the country. Breedlove, during briefings to Congress, notably contradicted the Obama administration regarding the situation in Ukraine, leading to news stories about conflict between the general and Obama. But the leaked emails provide an even more dramatic picture of the intense back-channel lobbying for the Obama administration to begin a proxy war with Russia in Ukraine. In a series of messages in 2014, Breedlove sought meetings with former Secretary of State Colin Powell, asking for advice on how to pressure the Obama administration to take a more aggressive posture toward Russia.
  • Breedlove attempted to influence the administration through several channels, emailing academics and retired military officials, including former NATO supreme commander Wesley Clark, for assistance in building his case for supplying military assistance to Ukrainian forces battling Russian-backed separatists.
  • Breedlove did not respond to a request for comment. He stepped down from his NATO leadership position in May and retired from service on Friday, July 1. Breedlove was a four-star Air Force general and served as the 17th Supreme Allied Commander of NATO forces in Europe starting on May 10, 2013. Phillip Karber, an academic who corresponded regularly with Breedlove — providing him with advice and intelligence on the Ukrainian crisis —  verified the authenticity of several of the emails in the leaked cache. He also told The Intercept that Breedlove confirmed to him that the general’s Gmail account was hacked and that the incident had been reported to the government.
  • ...3 more annotations...
  • Der Spiegel reported that Breedlove “stunned” German leaders with a surprise announcement in 2015 claiming that pro-Russian separatists had “upped the ante” in eastern Ukraine with “well over a thousand combat vehicles, Russian combat forces, some of the most sophisticated air defense, battalions of artillery” sent to Donbass, a center of the conflict. Breedlove’s numbers were “significantly higher” than the figures known to NATO intelligence agencies and seemed exaggerated to German officials. The announcement appeared to be a provocation designed to disrupt mediation efforts led by Chancellor Angela Merkel. In previous instances, German officials believed Breedlove overestimated Russian forces along the border with Ukraine by as many as 20,000 troops and found that the general had falsely claimed that several Russian military assets near the Ukrainian border were part of a special build-up in preparation for a large-scale invasion of the country. In fact, much of the Russian military equipment identified by Breedlove, the Germans said, had been stored there well before the revolution in Ukraine.
  • The emails, however, depict a desperate search by Breedlove to build his case for escalating the conflict, contacting colleagues and friends for intelligence to illustrate the Russian threat. Karber, who visited Ukrainian politicians and officials in Kiev on several occasions, sent frequent messages to Breedlove — “per your request,” he noted — regarding information he had received about separatist military forces and Russian troop movements. In several updates, Breedlove received military data sourced from Twitter and social media. Karber, the president of the Potomac Foundation, became the center of a related scandal last year when it was discovered that he had facilitated a meeting during which images of purported Russian forces in Ukraine were distributed to the office of Sen. James Inhofe, R-Okla., and were published by a neoconservative blog. The pictures turned out to be a deception; one supposed picture of Russian tanks in Ukraine was, in fact, an old photograph of Russian tanks in Ossetia during the war with Georgia.
  • The emails were released by D.C. Leaks, a database run by self-described “hacktivists” who are collecting the communications of elite stakeholders such as political parties, major politicians, political campaigns, and the military. The website currently has documents revealing some internal communications of the Hillary Clinton presidential campaign and George Soros’s Open Society Foundation, among others.
  • Paul Merrell on 07 Jul 16
     
    Four-star general commanding NATO uses Gmail? He must have wanted his emails to be publicized.
Paul Merrell

Reported US-Syrian Accord on Air Strikes | Consortiumnews - 1 views

consortiumnews.com/...s-syrian-accord-on-air-strikes

war & peace Syria ISIL U.S.-foreign-policy limited-truce

shared by Paul Merrell on 17 Sep 14 - No Cached
  • Exclusive: A problem with President Obama’s plan to expand the war against ISIS into Syria was always the risk that Syrian air defenses might fire on U.S. warplanes, but now a source says Syria’s President Assad has quietly agreed to permit strikes in some parts of Syria, reports Robert Parry.
  • The Obama administration, working through the Russian government, has secured an agreement from the Syrian regime of Bashar al-Assad to permit U.S. airstrikes against Islamic State targets in parts of Syria, according to a source briefed on the secret arrangements. The reported agreement would clear away one of the chief obstacles to President Barack Obama’s plan to authorize U.S. warplanes to cross into Syria to attack Islamic State forces – the concern that entering Syrian territory might prompt anti-aircraft fire from the Syrian government’s missile batteries.
  • In essence, that appears to be what is happening behind the scenes in Syria despite the hostility between the Obama administration and the Assad government. Obama has called for the removal of Assad but the two leaders find themselves on the same side in the fight against the Islamic State terrorists who have battled Assad’s forces while also attacking the U.S.-supported Iraqi government and beheading two American journalists.
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  • The usual protocol for the U.S. military – when operating in territory without a government’s permission – is to destroy the air defenses prior to conducting airstrikes so as to protect American pilots and aircraft, as was done with Libya in 2011. However, in other cases, U.S. intelligence agencies have arranged for secret permission from governments for such attacks, creating a public ambiguity usually for the benefit of the foreign leaders while gaining the necessary U.S. military assurances.
  • Just last month, Obama himself termed the strategy of arming supposedly “moderate” Syrian rebels “a fantasy.” He told the New York Times’ Thomas L. Friedman: “This idea that we could provide some light arms or even more sophisticated arms to what was essentially an opposition made up of former doctors, farmers, pharmacists and so forth, and that they were going to be able to battle not only a well-armed state but also a well-armed state backed by Russia, backed by Iran, a battle-hardened Hezbollah, that was never in the cards.” Obama’s point would seem to apply at least as much to having the “moderate” rebels face down the ruthless Islamic State jihadists who engage in suicide bombings and slaughter their captives without mercy. But this “fantasy” of the “moderate” rebels has a big following in Congress and on the major U.S. op-ed pages, so Obama has included the $500 million in his war plan despite the risk it poses to Assad’s acquiescence to American air attacks.
  • In a national address last week, Obama vowed to order U.S. air attacks across Syria’s border without any coordination with the Syrian government, a proposition that Damascus denounced as a violation of its sovereignty. So, in this case, Syria’s behind-the-scenes acquiescence also might provide some politically useful ambiguity for Obama as well as Assad. Yet, this secret collaboration may go even further and include Syrian government assistance in the targeting of the U.S. attacks, according to the source who spoke on condition of anonymity. That is another feature of U.S. military protocol in conducting air strikes – to have some on-the-ground help in pinpointing the attacks. As part of its public pronouncements about the future Syrian attacks, the Obama administration sought $500 million to train “vetted” Syrian rebels to handle the targeting tasks inside Syria as well as to carry out military ground attacks. But that approach – while popular on Capitol Hill – could delay any U.S. airstrikes into Syria for months and could possibly negate Assad’s quiet acceptance of the U.S. attacks, since the U.S.-backed rebels share one key goal of the Islamic State, the overthrow of Assad’s relatively secular regime.
  • Without Assad’s consent, the U.S. airstrikes might require a much wider U.S. bombing campaign to first target Syrian government defenses, a development long sought by Official Washington’s influential neoconservatives who have kept “regime change” in Syria near the top of their international wish list. For the past several years, the Israeli government also has sought the overthrow of Assad, even at the risk of Islamic extremists gaining power. The Israeli thinking had been that Assad, as an ally of Iran, represented a greater threat to Israel because his government was at the center of the so-called Shiite crescent reaching from Tehran through Damascus to Beirut and southern Lebanon, the base for Hezbollah.
  • The thinking was that if Assad’s government could be pulled down, Iran and Hezbollah – two of Israel’s principal “enemies” – would be badly damaged. A year ago, then-Israeli Ambassador to the United States Michael Oren articulated this geopolitical position in an interview with the Jerusalem Post. “The greatest danger to Israel is by the strategic arc that extends from Tehran, to Damascus to Beirut. And we saw the Assad regime as the keystone in that arc,” Oren said. “We always wanted Bashar Assad to go, we always preferred the bad guys who weren’t backed by Iran to the bad guys who were backed by Iran.” He said this was the case even if the other “bad guys” were affiliated with al-Qaeda. More recently, however, with the al-Qaeda-connected Nusra Front having seized Syrian territory adjacent to the Israeli-occupied Golan Heights – forcing the withdrawal of UN peacekeepers – the balance of Israeli interests may be tipping in favor of preferring Assad to having Islamic extremists possibly penetrating directly into Israeli territory.
  • In the longer term, by working together to create political solutions to various Mideast crises, the Obama-Putin cooperation threatened to destroy the neocons’ preferred strategy of escalating U.S. military involvement in the region. There was the prospect, too, that the U.S.-Russian tag team might strong-arm Israel into a peace agreement with the Palestinians. So, starting last September – almost immediately after Putin helped avert a U.S. air war against Syria – key neocons began taking aim at Ukraine as a potential sore point for Putin. A leading neocon, Carl Gershman, president of the U.S.-government-funded National Endowment for Democracy, took to the op-ed pages of the neocon Washington Post to identify Ukraine as “the biggest prize” and explaining how its targeting could undermine Putin’s political standing inside Russia. “Ukraine’s choice to join Europe will accelerate the demise of the ideology of Russian imperialism that Putin represents,” Gershman wrote. “Russians, too, face a choice, and Putin may find himself on the losing end not just in the near abroad but within Russia itself.” At the time, Gershman’s NED was funding scores of political and media projects inside Ukraine.
  • The Russian Hand Besides the tactical significance of U.S. intelligence agencies arranging Assad’s tacit acceptance of U.S. airstrikes over Syrian territory, the reported arrangement is also significant because of the role of Russian intelligence serving as the intermediary. That suggests that despite the U.S.-Russian estrangement over the Ukraine crisis, the cooperation between President Obama and Russian President Vladimir Putin has not been extinguished; it has instead just gone further underground. Last year, this growing behind-the-scenes collaboration between Obama and Putin represented a potential tectonic geopolitical shift in the Middle East. In the short term, their teamwork produced agreements that averted a U.S. military strike against Syria last September (by getting Assad to surrender his chemical weapons arsenal) and struck a tentative deal with Iran to constrain but not eliminate its nuclear program.
  • Direct attacks on Israel would be a temptation to al-Nusra Front, which is competing for the allegiance of young jihadists with the Islamic State. While the Islamic State, known by the acronyms ISIS or ISIL, has captured the imaginations of many youthful extremists by declaring the creation of a “caliphate” with the goal of driving Western interests from the Middle East, al-Nusra could trump that appeal by actually going on the offensive against one of the jihadists’ principal targets, Israel. Yet, despite Israel’s apparent rethinking of its priorities, America’s neocons appear focused still on their long-held strategy of using violent “regime change” in the Middle East to eliminate governments that have been major supporters of Lebanon’s Hezbollah and Palestine’s Hamas, i.e. Syria and Iran. One reason why Obama may have opted for a secretive overture to the Assad regime, using intelligence channels with the Russians as the middlemen, is that otherwise the U.S. neocons and their “liberal interventionist” allies would have howled in protest.
  • By early 2014, American neocons and their “liberal interventionist” pals were conspiring “to midwife” a coup to overthrow Ukraine’s elected President Viktor Yanukovych, according to a phrase used by U.S. Ambassador Geoffrey Pyatt in an intercepted phone conversation with Assistant Secretary of State for European Affairs Victoria Nuland, who was busy handpicking leaders to replace Yanukovych. A neocon holdover from George W. Bush’s administration, Nuland had been a top aide to Vice President Dick Cheney and is married to prominent neocon Robert Kagan, a co-founder of the Project for a New American Century which prepared the blueprint for the neocon strategy of “regime change” starting with the 2003 U.S.-led invasion of Iraq.
  • The U.S.-backed coup ousted Yanukovych on Feb. 22 and sparked a bloody civil war, leaving thousands dead, mostly ethnic Russians in eastern Ukraine. But the Gershman-Nuland strategy also drove a deep wedge between Obama and Putin, seeming to destroy the possibility that their peace-seeking collaboration would continue in the Middle East. [See Consortiumnews.com’s “Neocons’ Ukraine-Syria-Iran Gambit.”] New Hope for ‘Regime Change’ The surprise success of Islamic State terrorists in striking deep inside Iraq during the summer revived neocon hopes that their “regime change” strategy in Syria might also be resurrected. By baiting Obama to react with military force not only in Iraq but across the border in Syria, neocons like Sens. John McCain and Lindsey Graham put the ouster of Assad back in play.
  • In a New York Times op-ed on Aug. 29, McCain and Graham used vague language about resolving the Syrian civil war, but clearly implied that Assad must go. They wrote that thwarting ISIS “requires an end to the [civil] conflict in Syria, and a political transition there, because the regime of President Bashar al-Assad will never be a reliable partner against ISIS; in fact, it has abetted the rise of ISIS, just as it facilitated the terrorism of ISIS’ predecessor, Al Qaeda in Iraq.” Though the McCain-Graham depiction of Assad’s relationship to ISIS and al-Qaeda was a distortion at best – in fact, Assad’s army has been the most effective force in pushing back against the Sunni terrorist groups that have come to dominate the Western-backed rebel movement – the op-ed’s underlying point is obvious: a necessary step in the U.S. military operation against ISIS must be “regime change” in Damascus.
  • That would get the neocons back on their original track of forcing “regime change” in countries seen as hostile to Israel. The first target was Iraq with Syria and Iran always meant to follow. The idea was to deprive Israel’s close-in enemies, Lebanon’s Hezbollah and Palestine’s Hamas, of crucial support. But the neocon vision got knocked off track when Bush’s Iraq War derailed and the American people balked at extending the conflict to Syria and Iran. Still, the neocons retained their vision even after Bush and Cheney departed. They also remained influential by holding onto key positions inside Official Washington – at think tanks, within major news outlets and even inside the Obama administration. They also built a crucial alliance with “liberal interventionists” who had Obama’s ear. [See Consortiumnews.com’s “The Dangerous Neocon-R2P Alliance.”]
  • The neocons’ new hope arrived with the public outrage over ISIS’s atrocities. Yet, while pushing to get this new war going, the neocons have downplayed their “regime change” agenda, getting Obama to agree only to extend his anti-ISIS bombing campaign from Iraq into Syria. But it was hard to envision expanding the war into Syria without ousting Assad. Now, however, if the source’s account is correct regarding Assad’s quiet assent to U.S. airstrikes, Obama may have devised a way around the need to bomb Assad’s military, an maneuver that might again frustrate the neocons’ beloved goal of “regime change.”
  • Paul Merrell on 17 Sep 14
     
    Robert Parry lands another major scoop. But beware of government officials who leak government plans because they do not invariably speak the truth.  I am particularly wary of this report because Obama's planned arming and training of the "moderate Syrian opposition" was such a patent lie. The "moderate Syrian opposition" disappeared over two years ago as peaceful protesters were replaced by Saudi, Qatari, Turkish, and American-backed Salafist mercenaries took their place. Up until this article, there has been every appearance that the U.S. was about to become ISIL's Air Force in Syria. In other words, there has been a steady gushing of lies from the White House on fundamental issues of war and peace. In that light, I do not plan to accept this article as truth before I see much more confirmation that ISIL rather than the Assad government is the American target in Syria. We have a serial liar in the White House.
Paul Merrell

Did Israeli army deliberately kill its own captured soldier and destroy Gaza ceasefire?... - 0 views

electronicintifada.net/...tured-soldier-and-destroy-gaza

war & peace Israel Gaza Rafah-Massacre Hannibal-Directive war crimes

shared by Paul Merrell on 28 Aug 14 - No Cached
  • On Saturday evening, the Israeli army stated that Hadar Goldin, the soldier it claimed Hamas had captured on Friday morning, is dead: on Twitter A special IDF committee has concluded that Lt. Hadar Goldin was killed in combat in Gaza on Friday. May his memory be a blessing.— IDF (@IDFSpokesperson) August 2, 2014 It was on the pretext of searching for the missing soldier that Israel slaughtered at least 110 of people in the southern Gaza town of Rafah since Friday morning, destroying what was supposed to be a 72-hour humanitarian ceasefire. But the toll is rising as more bodies are found. “Such was the savagery of Israel’s bombardment in Rafah, such was the quantity of dead bodies, that there was simply no other option but to use vegetable refrigerators as makeshift morgues,” journalist Mohammed Omer, who hails from Rafah, reports.
  • One wonders whether US President Barack Obama will now retract his hasty statement – no doubt based on misinformation from Israel – blaming Hamas for capturing the soldier and demanding that he be “unconditionally” released. Now that Israel has, like Hamas, concluded that Goldin is dead, the question remains whether someone in the Israeli army gave the order to shell Rafah to kill him and prevent Hamas taking a live prisoner.
  • Friday turned into yet another day of horror for Palestinians in Gaza, as Israel committed massacres and atrocities claiming the lives of at least 100 people. It wasn’t supposed to be that way. Friday was meant to be the first day of a three-day “humanitarian ceasefire” announced on Thursday evening by the United Nations and the United States.
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  • Israel has long had a murky procedure called the Hannibal Directive that some interpret as an order to do whatever it takes to prevent a soldier’s capture, even if it means killing him in the process.
  • Here’s Israel’s version, as reported in Ynet: According to an announcement by the IDF [Israeli army], at 9:30 am Friday, terrorists opened fire at IDF forces in southern Gaza. Initial information from the scene indicated that there is a chance that an IDF soldiers [sic] was kidnapped [sic] during the incident. Israel claims that the soldiers were working to destroy a resistance tunnel and that such “defensive” activities were permitted by the ceasefire agreement. What Israel does not dispute is that its occupation forces were carrying out operations in the Gaza Strip.
  • But an interesting observation comes from this tweet: on Twitter Just returned from Southern gaza - got to border with Israel multiple artillery barrages whilst there an hour after supposed ceasefire— Rageh Omaar (@ragehomaar) August 1, 2014 If Omaar is right, this would mean that Israel was already heavily shelling in the Rafah area by around 9am, since the ceasefire was supposed to begin at 8am. And if the artillery barrages followed the killing and alleged capture of Israeli soldiers by Qassam it would also mean that the incident could have occurred before 9:30am.
  • Around 10am many more reports started to come in of mass casualties from “indiscriminate shelling” on George Street, east of Rafah. If the shelling indeed began between 9 and 10am, it would mean that Israel launched a massive and indiscriminate barrage at just about the time it says its soldier was captured. This makes no sense if Israeli forces wanted to ensure the captured soldier’s safety. After all, he could be killed along with his captors.
  • Qassam did not comment for the whole of Friday on Israel’s assertion that one of its soldiers was captured. Early on Saturday it issued a new military communiqué condemning the “ongoing horrifying massacre of civilians in Rafah” and reaffirming its earlier version and timeline of events. But it has these important additions: We lost contact with the group of fighters that were stationed at that location and we believe that all members of the unit were martyred and the soldier the enemy says went missing was killed in the Zionist shelling, assuming that the fighters did capture him during the confrontation. We in Qassam have no knowledge up to this moment about the missing soldier, nor his whereabouts nor the circumstances of his disappearance. It is reasonable to assume that Qassam has no motive to be deceptive about this; a captured Israeli soldier is a valuable asset. If they had him they would either boast about it or keep quiet and perhaps seek to trade information about him for concessions from Israel.
  • If the Israeli soldier was killed, it is possible that it was unintentional “friendly fire.” But again, forces that were intent on protecting and rescuing a missing soldier would be foolhardy to launch massive air raids or barrages of artillery fire in the area where he was captured. This leaves open the question of whether Israeli forces intended to kill the missing soldier. The Hannibal Directive The “Hannibal Directive” captured the Israeli imagination in the mid-1980s, when ongoing incursions and occupation in Lebanon, following the 1982 invasion, confronted the Israeli army with opportunities to experience capture. Popular understanding of this directive is phrased as “a dead soldier is better than a kidnapped [sic] one” – which was taken to mean that it would be better to kill a captured prisoner of war than have him remain alive.
  • There was much discussion on Twitter about this being the reason for the shelling of Rafah on Friday morning, including in reports from Ynet’s military reporter Attila Somfalvi, that the words “Hannibal! Hannibal!” were shouted over military communication systems.
  • Journalist Haim Har-Zahav reminisced that it took 50 minutes before the directive was put into practice on the Lebanon border, in 2006 and almost an hour in 1991, but that his own brigade took only a few minutes. Sports commentator Ouriel Daskal stated outright: “what I deduce from what’s happening in Rafah is that there’s an implementation of the Hannibal Directive. Let’s hope not.” Moreover, blogger Richard Silverstein reported a few days ago that another soldier was killed in Gaza under the directive. Israeli investigative journalist Ronen Bergman confirmed in a radio interview, with respect to an earlier incident, that in Gaza the procedure “was tested in practice and apparently the soldiers acted in accordance with that directive.”
  • But these indications, combined with the fact that Israel bombed Rafah so viciously make it a reasonable hypothesis that someone giving orders on Friday morning wanted the soldier dead rather than captured. If that is the case, then it is Israel that destroyed the humanitarian ceasefire, in the process murdering dozens more innocent people and pushing the death toll from the ongoing massacre in Gaza to more than 1,600 people.
  • Paul Merrell on 28 Aug 14
     
    Ali Abunimah pieces together rather compelling evidence that the Israel Defense Force's utter devastation of Rafah, Gaza by artillery fire was an attack intended to kill one of its own soldiers they believed had been captured, and broke a cease-fire agreement to do so then lied about it, pursuant to the IDF's unwritten Hannibal Directive, that it is better to kill one of their own than to allow him to be kept captive. A serious war crime slaughtering over 100 civilians even without that.    
Paul Merrell

Tomgram: Shamsi and Harwood, An Electronic Archipelago of Domestic Surveillance | TomDi... - 0 views

www.tomdispatch.com/...elago_of_domestic_surveillance

surveillance state civil-liberties shadow-ID watchlists

shared by Paul Merrell on 07 Nov 14 - No Cached
  • Uncle Sam’s Databases of Suspicion A Shadow Form of National ID
  • We do know that the nation’s domestic-intelligence network is massive, including at least 59 federal agencies, over 300 Defense Department units, and approximately 78 state-based fusion centers, as well as the multitude of law enforcement agencies they serve. We also know that local law enforcement agencies have themselves raised concerns about the system’s lack of privacy protections.
  • The SAR database is part of an ever-expanding domestic surveillance system established after 9/11 to gather intelligence on potential terrorism threats. At an abstract level, such a system may seem sensible: far better to prevent terrorism before it happens than to investigate and prosecute after a tragedy. Based on that reasoning, the government exhorts Americans to “see something, say something” -- the SAR program’s slogan. Indeed, just this week at a conference in New York City, FBI Director James Comey asked the public to report any suspicions they have to authorities. “When the hair on the back of your neck stands, listen to that instinct and just tell somebody,” said Comey. And seeking to reassure those who do not want to get their fellow Americans in trouble based on instinct alone, the FBI director added, “We investigate in secret for a very good reason, we don't want to smear innocent people.”
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  • At a fundamental level, suspicious activity reporting, as well as the digital and physical infrastructure of networked computer servers and fusion centers built around it, depends on what the government defines as suspicious.  As it happens, this turns out to include innocuous, First Amendment-protected behavior. As a start, a little history: the Nationwide Suspicious Activity Reporting Initiative was established in 2008 as a way for federal agencies, law enforcement, and the public to report and share potential terrorism-related information. The federal government then developed a list of 16 behaviors that it considered “reasonably indicative of criminal activity associated with terrorism.” Nine of those 16 behaviors, as the government acknowledges, could have nothing to do with criminal activity and are constitutionally protected, including snapping photographs, taking notes, and “observation through binoculars.”
  • There are any number of problems with this approach, starting with its premise.  Predicting who exactly is a future threat before a person has done anything wrong is a perilous undertaking. That’s especially the case if the public is encouraged to report suspicions of neighbors, colleagues, and community members based on a “hair-on-the-back-of-your-neck” threshold. Nor is it any comfort that the FBI promises to protect the innocent by investigating “suspicious” people in secret. The civil liberties and privacy implications are, in fact, truly hair-raising, particularly when the Bureau engages in abusive and discriminatory sting operations and other rights violations.
  • A few months later, a scathing report from the Senate subcommittee on homeland security described similar intelligence problems in state-based fusion centers. It found that Department of Homeland Security (DHS) personnel assigned to the centers “forwarded ‘intelligence’ of uneven quality -- oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections... and more often than not unrelated to terrorism.”
  • Law enforcement officials, including the Los Angeles Police Department’s top counterterrorism officer, have themselves exhibited skepticism about suspicious activity reporting (out of concern with the possibility of overloading the system). In 2012, George Washington University’s Homeland Security Policy Institute surveyed counterterrorism personnel working in fusion centers and in a report generally accepting of SARs noted that the program had “flooded fusion centers, law enforcement, and other security outfits with white noise,” complicating “the intelligence process” and distorting “resource allocation and deployment decisions.” In other words, it was wasting time and sending personnel off on wild goose chases.
  • Under federal regulations, the government can only collect and maintain criminal intelligence information on an individual if there is a “reasonable suspicion” that he or she is “involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.” The SAR program officially lowered that bar significantly, violating the federal government’s own guidelines for maintaining a “criminal intelligence system.” There’s good reason for, at a minimum, using a reasonable suspicion standard. Anything less and it’s garbage in, garbage out, meaning counterterrorism “intelligence” databases become anything but intelligent.
  • yet another burgeoning secret database that the federal government calls its “consolidated terrorism watchlist.” Inclusion in this database -- and on government blacklists that are generated from it -- can bring more severe repercussions than unwarranted law enforcement attention. It can devastate lives.
  • There is hope, however. In August, four years after the ACLU filed a lawsuit on behalf of 13 people on the no-fly list, a judge ruled that the government’s redress system is unconstitutional. In early October, the government notified Mashal and six others that they were no longer on the list. Six of the ACLU’s clients remain unable to fly, but at least the government now has to disclose just why they have been put in that category, so that they can contest their blacklisting. Soon, others should have the same opportunity.
  • As of August 2013, there were approximately 47,000 people, including 800 U.S. citizens and legal permanent residents like Mashal, on that secretive no-fly list, all branded as “known or suspected terrorists.” All were barred from flying to, from, or over the United States without ever being given a reason why. On 9/11, just 16 names had been on the predecessor “no transport” list. The resulting increase of 293,650% -- perhaps more since 2013 -- isn’t an accurate gauge of danger, especially given that names are added to the list based on vague, broad, and error-prone standards.
  • The No Fly List is only the best known of the government’s web of terrorism watchlists. Many more exist, derived from the same master list.  Currently, there are more than one million names in the Terrorist Identities Datamart Environment, a database maintained by the National Counterterrorism Center. This classified source feeds the Terrorist Screening Database (TSDB), operated by the FBI’s Terrorist Screening Center. The TSDB is an unclassified but still secret list known as the “master watchlist.” containing what the government describes as “known or suspected terrorists,” or KSTs.
  • Nothing encapsulates the post-9/11, Alice-in-Wonderland inversion of American notions of due process more strikingly than this “blacklist first, innocence later... maybe” mindset. The Terrorist Screening Database is then used to fill other lists. In the context of aviation, this means the no-fly list, as well as the selectee and expanded selectee lists. Transportation security agents subject travelers on the latter two lists to extra screenings, which can include prolonged and invasive interrogation and searches of laptops, phones, and other electronic devices. Around the border, there’s the State Department’s Consular Lookout and Support System, which it uses to flag people it thinks shouldn’t get a visa, and the TECS System, which Customs and Border Protection uses to determine whether someone can enter the country.
  • According to documents recently leaked to the Intercept, as of August 2013 that master watchlist contained 680,000 people, including 5,000 U.S. citizens and legal permanent residents. The government can add people’s names to it according to a shaky “reasonable suspicion” standard. There is, however, growing evidence that what’s “reasonable” to the government may only remotely resemble what that word means in everyday usage. Information from a single source, even an uncorroborated Facebook post, can allow a government agent to watchlist an individual with virtually no outside scrutiny. Perhaps that’s why 40% of those on the master watchlist have “no recognized terrorist group affiliation,” according to the government’s own records.
  • This opens up the possibility of increased surveillance and tense encounters with the police, not to speak of outright harassment, for a large but undivulged number of people. When a police officer stops a person for a driving infraction, for instance, information about his or her KST status will pop up as soon a driver’s license is checked.  According to FBI documents, police officers who get a KST hit are warned to “approach with caution” and “ask probing questions.” When officers believe they’re about to go face to face with a terrorist, bad things can happen. It’s hardly a stretch of the imagination, particularly after a summer of police shootings of unarmed men, to suspect that an officer approaching a driver whom he believes to be a terrorist will be quicker to go for his gun. Meanwhile, the watchlisted person may never even know why his encounters with police have taken such a peculiar and menacing turn. According to the FBI's instructions, under no circumstances is a cop to tell a suspect that he or she is on a watchlist.
  • Inside the United States, no watchlist may be as consequential as the one that goes by the moniker of the Known or Appropriately Suspected Terrorist File. The names on this blacklist are shared with more than 17,000 state, local, and tribal police departments nationwide through the FBI’s National Crime Information Center (NCIC). Unlike any other information disseminated through the NCIC, the KST File reflects mere suspicion of involvement with criminal activity, so law enforcement personnel across the country are given access to a database of people who have secretly been labeled terrorism suspects with little or no actual evidence, based on virtually meaningless criteria.
  • And once someone is on this watchlist, good luck getting off it. According to the government’s watchlist rulebook, even a jury can’t help you. “An individual who is acquitted or against whom charges are dismissed for a crime related to terrorism,” it reads, “may nevertheless meet the reasonable standard and appropriately remain on, or be nominated to, the Terrorist Watchlist.” No matter the verdict, suspicion lasts forever.
  • The SARs program and the consolidated terrorism watchlist are just two domestic government databases of suspicion. Many more exist. Taken together, they should be seen as a new form of national ID for a growing group of people accused of no crime, who may have done nothing wrong, but are nevertheless secretly labeled by the government as suspicious or worse. Innocent until proven guilty has been replaced with suspicious until determined otherwise. Think of it as a new shadow system of national identification for a shadow government that is increasingly averse to operating in the light. It’s an ID its “owners” don’t carry around with them, yet it’s imposed on them whenever they interact with government agents or agencies. It can alter their lives in disastrous ways, often without their knowledge. And they could be you. If this sounds dystopian, that’s because it is.
Paul Merrell

Obama concedes NSA bulk collection of phone data may be unnecessary | World news | theg... - 0 views

www.theguardian.com/...lection-phone-data-unnecessary

surveillance state 215-metadata metadata NSA Obama NSA-reform Snowden indictment amnesty

shared by Paul Merrell on 22 Dec 13 - No Cached
  • President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”
  • Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”
  • The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 
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  • The president also went further than his review panel in suggesting the US needed to rein in its overseas surveillance activities. “We have got to provide more confidence to the international community. In a virtual world, some of these boundaries don’t matter any more,” he said. “The values that we have got as Americans are ones that we have to be willing to apply beyond our borders, perhaps more systematically than we have done in the past.”
  • Conspicuously, Obama declined to rebut one assessment from his surveillance review group – that the bulk collection of US call data was not essential to stopping a terrorist attack. Instead, he contended that there had been “no abuse” of the bulk phone data collection. But in 2009, a judge on the secret surveillance court prevented the NSA from searching through its databases of US phone information after discovering “daily violations” resulting from NSA searches of Americans’ phone records without reasonable suspicion of connections to terrorism. That data was inaccessible to the NSA for almost all of 2009, before the Fisa court was convinced the NSA had sufficient safeguards in place for preventing similar violations
  • In another indication of the shifting landscape on surveillance, the telecoms giant AT&T announced on Friday that it will begin publishing a semi-annual report about its complicity with government surveillance requests. AT&T followed its competitor Verizon, which announced a similar move on Thursday.
  • The first such report is expected for early 2014, Watts said. While technology firms like Yahoo and Google have pushed for greater transparency about providing their customer data to the government, the telecommunications firms – which have cooperated with the NSA since the agency’s 1952 inception – did not join them before the events of the past week.
  • Paul Merrell on 22 Dec 13
     
    Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.   
Paul Merrell

Exclusive: U.S. directs agents to cover up program used to investigate Americans - chic... - 0 views

www.chicagotribune.com/...-20130805,0,2087915,full.story

security state NSA DEA lies

shared by Paul Merrell on 06 Aug 13 - No Cached
  • WASHINGTON (Reuters) - A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans. Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges. The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.
  • The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred. Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential. "Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."
  • A spokesman with the Department of Justice, which oversees the DEA, declined to comment. But two senior DEA officials defended the program, and said trying to "recreate" an investigative trail is not only legal but a technique that is used almost daily.
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  • A former federal agent in the northeastern United States who received such tips from SOD described the process. "You'd be told only, ‘Be at a certain truck stop at a certain time and look for a certain vehicle.' And so we'd alert the state police to find an excuse to stop that vehicle, and then have a drug dog search it," the agent said. "PARALLEL CONSTRUCTION" After an arrest was made, agents then pretended that their investigation began with the traffic stop, not with the SOD tip, the former agent said. The training document reviewed by Reuters refers to this process as "parallel construction." The two senior DEA officials, who spoke on behalf of the agency but only on condition of anonymity, said the process is kept secret to protect sources and investigative methods. "Parallel construction is a law enforcement technique we use every day," one official said. "It's decades old, a bedrock concept." A dozen current or former federal agents interviewed by Reuters confirmed they had used parallel construction during their careers. Most defended the practice; some said they understood why those outside law enforcement might be concerned.
  • Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such as the Bout case; distributing tips from overseas NSA intercepts, informants, foreign law enforcement partners and domestic wiretaps; and circulating tips from a massive database known as DICE. The DICE database contains about 1 billion records, the senior DEA officials said. The majority of the records consist of phone log and Internet data gathered legally by the DEA through subpoenas, arrests and search warrants nationwide. Records are kept for about a year and then purged, the DEA officials said. About 10,000 federal, state and local law enforcement agents have access to the DICE database, records show. They can query it to try to link otherwise disparate clues. Recently, one of the DEA officials said, DICE linked a man who tried to smuggle $100,000 over the U.S. southwest border to a major drug case on the East Coast.
Paul Merrell

Edward Snowden: US government spied on human rights workers | World news | The Guardian - 0 views

www.theguardian.com/...ent-spied-human-rights-workers

surveillance state Snowden Council-of-Europe testimony NSA-targets Amnesty Human-Rights-Watch NSA-docs warrantless-search

shared by Paul Merrell on 10 Apr 14 - No Cached
  • The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe's top human rights body.Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.He told council members: "The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States." Snowden did not reveal which groups the NSA had bugged.The assembly asked Snowden if the US spied on the "highly sensitive and confidential communications" of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: "The answer is, without question, yes. Absolutely."
  • Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency's servers in an interview with Vanity Fair. He described the number released by investigators as "simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career."He added: "Look at the language officials use in sworn testimony about these records: 'could have,' 'may have,' 'potentially.' They're prevaricating. Every single one of those officials knows I don't have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, 'We have no idea what he has, because the NSA's auditing of systems holding hundreds of millions of Americans' data is so negligent that any high-school dropout can walk out the door with it'?"In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA's powerful surveillance programs violate the EU's privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen "trillions" of private communications."This technology represents the most significant new threat to civil liberties in modern times," he declared.
  • XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual's metadata and content "without judicial approval or prior review".In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a "de facto policy of guilt by association", he added.Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals "across specific routes".
Paul Merrell

Ukraine-Russia Near "Serious Conflict" Following Explosion In Largest European Gas Tran... - 0 views

www.zerohedge.com/...gas-transit-pipeline-explosion

war & peace Ukraine EU Russia pipelinestan

shared by Paul Merrell on 17 Jun 14 - No Cached
  • With 2 Russian TV journalists killed in recent days and on the heels of Russia's cutting off Ukraine's gas supply for non-payment, Interfax is reporting that: *EXPLOSION ON UKRAINE GAS TRANSIT PIPELINE REPORTED: IFX *INTERFAX CITES UKRAINE INTERIOR MINISTRY ON GAS PIPELINE BLAST Witnesses say flames are reaching 200 metres high. Gazprom shares are tumbling on the news (as should European stocks) and Russia's Foreign Affairs Committee Chief Aleksei Pushkov warned relations between Ukraine and Russia have entered a new stage and are "moving closer towards a serious conflict."
  • As RT reports, An explosion has struck a pipeline in the eastern Ukrainian Poltava region. Witnesses say flames from the blast are up to 200 meter high, RIA Novosti reports. The “Brotherhood” natural gas pipeline (Urengoy-Pomary-Uzhgorod) is about one kilometer away from the nearest settlement. No injuries have been reported from the blast. Fire fighting crews have been deployed to the scene. Operating since 1967, the “Brotherhood” is the largest consumer gas pipeline in Europe, clocking in at 4,451 km. It cuts through Ukraine and runs into Slovakia, where it diverges in two directions; with one part supplying gas to the Czech Republic, Germany, France and Switzerland, and the other to Austria, Italy, Hungary and several countries in the Balkans. Pipeline faucets are being tuned off as fire fighters still can’t put out the flame.
  • As Bloomberg reports, Relations between Russia and Ukraine have entered a new stage and are "moving closer towards a serious conflict", said State Duma Foreign Affairs Committee chief Aleksei Pushkov.   Russia did not recognise unilateral border demarcation by Ukraine which was "contrary to all norms of international law", Russia's ITAR-TASS news agency quoted Pushkov as saying Tuesday.   "An attack on the Russian embassy, an attempted attack on the consulate-general in Odessa, insults to the Russian president, regular arrests of Russian journalists -- I think this is a deliberate decision co-ordinated with the U.S -- all these are links of one chain," he said. We are sure the explosion/fire on the pipeline will further this sentiment.
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  • Update: *UKRAINE MINISTRY: FIRE BROKE OUT ON GAS PIPLINE, NO EXPLOSION *UKRAINE MINISTRY SAYS INVESTIGATING CAUSE OF GAS PIPELINE FIRE Coincidental "fire"? In the #Poltava region #Ukraine explosion on a gas pipeline Urengoy-Uzhgorod-Pomary pic.twitter.com/aURhFAU4dj — ??????? ?????? (@buritomexican0) June 17, 2014
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