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Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
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    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

How Ron Wyden nearly became an NSA leaker - 0 views

  • One of the intelligence community’s most outspoken critics says he considered talking about the National Security Agency’s bulk surveillance program on the Senate floor. In an interview with Rolling Stone, Sen. Ron Wyden (D-Ore.) said he felt pressure from others to disclose the classified information in a way that would have protected him from prosecution. Under the Speech or Debate Clause of the U.S. Constitution, lawmakers receive immunity from lawsuits or trials for acts committed during the process of legislating. If Wyden had spoken out about the NSA, his comments would have become part of the Congressional Record:
  • There are very significant limits [on what you can and cannot say], and they are very cumbersome and unwieldy. If you want to play a watchdog role, you try to work within the rules. This is a sensitive subject. A lot of people have just said to me, “Well, you feel so strongly about [these issues] – when you knew this, why didn’t you just go to the floor of the United States Senate and just, you know, read it all [into the record]?” And, of course, anybody who does this kind of work thinks a lot about that. You think about it all the time. I can see why plenty of people would criticize me – progressives and others. I can understand why plenty of people who have views similar to mine would say they would have done it differently. Wyden has spent years dropping hints that Americans were being spied upon. But despite his outrage, he appears to have chosen to color within the lines.
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
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  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
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    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
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    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

How the NSA Converts Spoken Words Into Searchable Text - The Intercept - 0 views

  • Most people realize that emails and other digital communications they once considered private can now become part of their permanent record. But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either. Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored. The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
  • Most people realize that emails and other digital communications they once considered private can now become part of their permanent record. But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either. Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored. The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
  • Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documents describe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest. The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.
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  • The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s. What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds. In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited. Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”
  • A 2008 document from the Snowden archive shows that  transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing: (U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing. A version of the system the NSA uses is now even available commercially.
  • But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.” The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states. A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)
  • According to a 2011 memo, “How is Human Language Technology (HLT) Progressing?“, NSA that year deployed “HLT Labs” to Afghanistan, NSA facilities in Texas and Georgia, and listening posts in Latin America run by the Special Collection Service, a joint NSA/CIA unit that operates out of embassies and other locations. “Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”
  • The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America. For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.” The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.
  • VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”
  • What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.” The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”
  • Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.
  • The presidentially appointed but independent Privacy and Civil Liberties Oversight Board (PCLOB) didn’t mention speech-to-text technology in its public reports. “I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept. His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.
Paul Merrell

Wyden Ponders Release of CIA Torture Report Without White House Consent | The World's G... - 0 views

  • A senior Senate Democrat is firing a warning shot at the White House against stalling the release of a report about the past use of torture by the U.S. intelligence community. Sen. Ron Wyden is talking with his colleagues about the possibility of using a seldom-invoked procedure to declassify an Intelligence Committee report on the use of torture in the event the White House does not move ahead quickly. Speaking with reporters on a variety of subjects Thursday, the Oregon Democrat referred to the Senate’s “Resolution 400″ — the Abraham A. Ribicoff-sponsored resolution that established the Intelligence Committee back in 1976. Wyden said he was discussing invoking the resolution “in order to move this along if we have to, through the committee process, to get it declassified.” Matt Bai of Yahoo! News reported earlier Thursday that Wyden mentioned the same procedure to him. And it was not the first time he’s discussed the possibility. Wyden previously explained the provision in October 2013, KATU reported. The Senate Intelligence Committee voted on April 3 to provide for declassification of the report into the use of harsh interrogation practices by the CIA during the administration of President George W. Bush. That action set the gears in motion for declassification review. The report is now in the hands of the White House.
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    Senate Resolution 400 provides in relevant part that the Intelligence Committee can vote to declassify documents, giving the White House 5 days to object. If such an objection is made, then the full Senate votes on whether to declassify. It should be recognized, however, that senators' immunity from prosecution for statements made in Congress or in committee hearings in effect grants any member of Congress the ability to declassify documents simply by reading them into the Congressional Record.   
Paul Merrell

ISIL, Turkey: The Dream of Restoring the Glories of Sublime Ottoman State , by Israa Al... - 0 views

  • The ISIL’s funding father is Erdogan’s personal friend The name of the Saudi businessman Yassin al-Qadi has been linked to organizations classified as terrorist internationally. In particular, the foreign press and the Turkish opposition media describe him as “al-Qaeda’s funding father”. After the events of September 11/2001, al-Qadi- along with other figures- has been included in the world’s list of terrorists, and his name was stereotyped as a terrorist man. This made several countries ban him from entering into their territories, Turkey was one of them. Earlier, the Turkish media documented a photo scandal: Erdogan’s meetings with Yassin al-Qadi as well as long meetings with his son Bilal Recep Tayyip Erdogan. The scandal that was leaked by Turkish security elements came in the context of the case of corruption of which the son of the former Turkish Prime Minister has been accused. Based upon this, a large number of elements of the security corps were arrested being accused of plotting a coup against the government.
  • Nevertheless, the French journalist Thierry Meyssan describes Yassin al-Qadi as a personal friend of both Dick Cheney (former U.S. Vice President) and Recep Tayyip Erdogan. According to him, al-Qadi visited Turkey four times during 2012, and “his plane used to land at the second airport of Istanbul, and was being welcomed by the Prime Minister personally, without going through the smart gate, and after cutting the security cameras’ power supply”. The Turkish Gmehoriet Newspaper intended to publish details about the investigations conducted by the Turkish judiciary on the same case, and mentioned that Recep Tayyip Erdogan introduced Yassine al-Qadi as a Saudi businessman visiting Turkey to invest and denied that he is a terrorist. It quoted him as saying: “I trust Mr. Al-Qadi just as I trust myself. He is an almsgiver”.
  • The Turkish newspaper, after publishing Erdogan’s utterances before the Turkish judiciary, revealed that the Turkish police monitored 12 visits made by the Saudi man to Turkey. Seven out of these visits have been made with the help of Erdogan, the period when he was banned from entering Turkey, because his name was added as one of the world wanted terrorists in the list of the American FBI. The newspaper commented saying: “When the Turkish police was looking for al-Qadi, he was holding meetings with the Prime Minister”. Also, it published a photograph that showed separately the aforesaid man, Erdogan, and the Turkish intelligence chief Hakan Fidan, when they were going to a meeting that gathered them. The newspaper noted that Fidan himself met with al-Qadi 5 times when Al-Qadi has been banned from entering the Turkish territory.
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  • Yet, the interesting thing is the leaked recordings published by the newspaper that disclose that Yassin al-Qadi used to give orders to the Erdogan’s office. He used to call to inform them that he had decided today to meet with Erdogan, and that the latter should not engage in any other obligations. The newspaper reported details about the dates of the meetings between the two men, what implies that the meetings were being attended by Fidan and by the Egyptian businessman Osama Qutob; the son of Muhammad Qutob the brother of the Brotherhood leader Sayyid Qutob who holds the Turkish citizenship and is living with his father in Turkey at present. This also mean that the meetings were taking place sometimes at the home of the Turkish businessman Mustafa Latif Topas in Istanbul, attended by Erdogan’s son and Moaz the son of al-Qadi. The recordings verify that Qutob was in charge of delivering the messages from the insurgents in the battlefield in Syria to Erdogan, what signifies that the meetings of these figures exceeded the issues of investment, and perhaps they exploited the title of a charity practice!
  • Those returning from Turkey refer to the public sympathy in the pro-government Turkish street with the ISIL. Social networking websites publish photos of Islamic libraries in Istanbul selling “T-shirts” and goods with the ISIL logo on them. Perhaps this news is no longer shocking after what the German (ARD) Television has revealed regarding the opening of an office for the ISIL in al-Fateh Street in Istanbul, being ran by Turks. Through it, the process of supporting and supplying the Takfiri organization in Iraq and Syria with funds and fighters takes place.
  • The German channel itself revealed in a video report aired by it that the ISIL has training camps on the Turkish territory: 1- The GAZIANTEP Camp: a training camp for the ISIL fighters According to the report published by the website of “Today’s Zaman”, an English-language newspaper in Turkey, the Governor of the Gaziantep (Erdal Ata) rushed to hold a press conference to deny what has been revealed by the German television. However, he spoke about the arrest of 19 elements that belong to the ISIL in the city, among those who came from European countries before committing them to trial.
  • Additionally, the Lebanese journalist Hassan Hamade, in an earlier interview with Al-Manar, drew attention to the existence of three training camps in Turkey for the fighters of extremist organizations [3]. 2- The ORFA Camp, southeastern Turkey: a camp out of which the gunmen came when they attacked the Kasab city that its residents are predominantly Armenian.
  • 3- The OSMANIYA camp in Adana, southern Turkey: It is directly near the major bases of the U.S. Air Force in the Turkish territory. Yet, what is interesting is that the Osmaniya camp is a stone’s throw away from the gas pipelines points of intersection coming from Iraq and Central Asia that empty the freight in the Turkish port of Ceyhan on the Mediterranean Sea. 4- The KARMAN camp, it is also in Adana but is much closer to Istanbul. Moreover, a document published by the French journalist Thierry Meyssan, earlier, revealed that Turkey facilitated the infiltration of 5,000 fighters, who belong to al-Qaeda, to the Syrian territory after receiving training in Libya.
  • Perhaps the report of the American TV Network clarifies the argument of the Turkish journalist Orhan Kama Genghis: “The strongholds of the ISIL are located close to the Turkish border, and this did not happen coincidentally”. The Turkish journalist Kadri Gursel talks about the fact that the Turkish border territories have turned into an easy pathway facilitating the arrival and departure of the militants, where there are no formal procedures (visas, etc…) that could bother them, referring to the cooperation of the Turkish intelligence agency with the militants. Above and beyond, the Turkish opposition Republican People’s Party MP Muharram Ingee said that the ISIL leader “Mazen Abu Mohammed” received treatment in one of the Turkish government hospitals in the city of Hatay on April 2014, publishing a photo of the terrorist man in the hospital.
  • Reviewing these data provide an early answer to the question of the Saudi writer, Nawaf Qadimi, who is known for his support for the Muslim Brotherhood, where the phenomenon of the ISIL leads us to evoke history. The Seljuks drew the policies to expand their influence and their tools were the advocates of takfir and the recruiting of fighters in the name of religion. Here is Erdogan in actual fact walking in the footsteps of the ancestors and painting policies, and the tools are the texts of takfir for which he is recruiting fighters in the name of religion itself! That is how history is enabling us to understand our present...
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
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  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
Paul Merrell

Are US Academics Who Cite WikiLeaks Blackballed? - 0 views

  • Speaking to Germany’s Der Spiegel magazine in July 2015, Assange suggested that institutions within the international relations discipline have failed to understand the intersection between current geopolitical and technological developments. Specifically, Assange charged that the US journal International Studies Quarterly (ISQ), published by the prestigious International Studies Association (ISA), would not accept manuscripts based on WikiLeaks’ material. Professor of international politics Daniel W. Drezner hit back on July 30 in The Washington Post, arguing that there were other explanations for why the journal was not publishing WikiLeaks’ material. However, he did concede that it is possible that the “structural forces” opposing WikiLeaks were so powerful that a scholar would eschew WikiLeaks’ publications for “fear of being blackballed”. For the thousands of undergraduate to PhD students, fellows and academic researchers facing a precarious employment market, self-censorship for fear of freezing one’s career is not unlikely. One publicised incident from November 2010 concerning the office of career services at Columbia University’s School of International and Public Affairs (SIPA), which according to The New York Times “grooms future diplomats”, provides the perfect illustration. That year the office sent an email to students warning them against commenting on or posting WikiLeaks’ documents on social media because “engaging in these activities would call into question your ability to deal with confidential information, which is part of most positions with the federal government”. The warning came to the office through a SIPA alumnus working at the State Department.
  • Years later, the tone of the warning continued to reverberate through the halls of one of the most reputable universities in the world. In documenting human rights abuses in June 2013 a Columbia University graduate class produced the anonymous academic paper “WikiLeaks and Iraq Body Count: the sum of parts may not add up to the whole — a comparison of two tallies of Iraqi civilian deaths”. The acknowledgements section of their report refers to the 2010 warning email and states that in light of that email it would be “unwise and perhaps unethical to acknowledge all the participating students by name”. Others participating in a peer-review process have cited additional factors curtailing their use of comprehensive and illuminating WikiLeaks publications. Former US presidential candidate for the Green Party Cynthia McKinney, for example, says that she was forced to scrub her PhD dissertation from any reference of WikiLeaks material. However Drezner, who is an ISA member and on the ISQ’s web advisory board, claims that WikiLeaks’ published diplomatic cables “are not nearly as significant as Assange believes” and that the “academic universe is indifferent to WikiLeaks”. A surprising claim, given that international human rights courts have not been indifferent to evidence derived from WikiLeaks’ published cables, including cables that show the insidious ways in which European officials attempt to conceal CIA torture in secret prisons.
  • To help address the gap in scholarly analysis of the more than 2 million US diplomatic cables and State Department records published by WikiLeaks since 2010, WikiLeaks has produced a new book, The WikiLeaks Files: The World According to US Empire, published September 7, 2015. The book brings together journalists, researchers and experts on international law and foreign policy to examine the current cables and records. The documents are extensive. They expose US efforts —  across Bush and Obama administrations — to use bribes and threats to keep the US protected from facing war crimes allegations, conveying the fading effervescence of concepts such as “international justice” or “rule of law” in the face of a superpower that clearly believes that “might makes right”. Analysts review the efforts US diplomats take to maintain ties with dictators. They examine the meaning of human rights in the context of a global “War on Terror”. Like the cables they seek to illuminate, the 18 chapters of the book touch upon most major regions of the world. Experts on US foreign policy such as Robert Naiman, Stephen Zunes and Gareth Porter examine cables that reveal US meddling in Syria, US acceptance of Israeli violations of international law, and how the US dealt with the International Atomic Energy Agency in relation to Iranian nuclear development. The book offers a user guide written by WikiLeaks’ investigations editor Sarah Harrison on how to research WikiLeaks’ cables including meta data and content.
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  • Writing in the book’s introduction, Assange proposes that the diplomatic cables provide “the vivisection of a living empire, showing what substance flowed from which state organ and when”. Assange notes in his introduction that academic disciplines outside international relations, and where career aspirations do not go hand in hand with patronage by government institutions, have voluminous coverage of the cables. But the ISA does not accept submissions citing WikiLeaks’ material. Although ISA executive director Mark Boyer denies that the association has a formal policy against publishing WikiLeaks’ material, he says that journal editors have discussed the implications of publishing material that is legally prohibited by the US government. According to Gabriel J. Michael, author of the Yale Law School paper Who’s Afraid of WikiLeaks? Missed Opportunities in Political Science Research, the ISQ has adopted a “provisional policy” against handling manuscripts that make use of leaked documents if such use could be interpreted as mishandling “classified” material. According to an ISQ editor quoted in Michael’s paper, this policy prohibits direct quotations as well as data mining, and was developed in consultation with legal counsel. Stating that editors are currently “in an untenable position”. According to the editor, ISQ’s policy will remain in place pending broader action from the ISA, which publishes several other disciplinary journals. The ISA and ISQ concerns about handling material that the US government forbids —  which include WikiLeaks’ cables —  amount to throwing the baby out with the bathwater. The cables go into the heart of an empire, and reflect on matters that affect everyone.
  • Without WikiLeaks, the public would still be in the dark about the Trans-Pacific Partnership “agreement” currently being negotiated. The treaty aims to rewrite the global rules on intellectual property rights and would create spheres of trade which would be protected from judicial oversight. Such agreements have the potential to change the fabric of how states operate, and the leaked cables shed light on how states negotiate significant treaties, aiming to keep citizenship participation in politics out. Where academia bans the use of important leaked documents the public loses out.
Paul Merrell

NEW TIME POLL: Support for the Leaker-and His Prosecution | TIME.com - 0 views

  • More than half of Americans approve of a former intelligence contractor’s decision to leak classified details of sprawling government surveillance programs, according to the results of a new TIME poll. Fifty-four percent of respondents said the leaker, Edward Snowden, 29, did a “good thing” in releasing information about the government programs, which collect phone, email, and Internet search records in an effort, officials say, to prevent terrorist attacks. Just 30 percent disagreed. But an almost identical number of Americans —  53 percent —  still said he should be prosecuted for the leak, compared to 28% who said he should not. Americans aged 18 to 34 break from older generations in showing far more support for Snowden’s actions. Just 41 percent of that cohort say he should face charges, while 43 percent say he should not. Just 19 percent of that age group say the leak was a “bad thing.”
  • Overall, Americans are sharply divided over the government’s use of surveillance programs to prevent terrorist attacks, according to the results of the poll. Forty-eight percent of Americans approve of the surveillance programs, while 44 percent disapprove, a statistical tie given the poll’s four-point margin of error.
  • A majority of the poll’s respondents say that the surveillance programs have helped protect national security, with 63 percent saying they’ve had “some” or a “great deal” of impact in protecting the country. Just 31 percent says they’ve done “not much” or “nothing at all.” A narrow plurality of those polled, 48 percent to 43 percent, believe that the federal government is striking the right balance between protecting Americans’ privacy and protecting their physical well-being or that the government should be doing more to prevent terrorism.
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  • Nearly 60 percent believe the revelations will not force the government to curtail the surveillance program. But 76 percent of Americans believe there will soon be additional disclosures that the spying programs are bigger and more widespread than currently known. Americans are largely split on partisan grounds as to whether Obama is more careful about respecting privacy than President George W. Bush. Twenty-eight percent said Bush was more careful, one-quarter sided with Obama, and 42 percent say there has been little difference between the two.
Paul Merrell

ACLU Demands Secret Court Hand Over Crucial Rulings On Surveillance Law - 0 views

  • The American Civil Liberties Union (ACLU) has filed a motion to reveal the secret court opinions with “novel or significant interpretations” of surveillance law, in a renewed push for government transparency. The motion, filed Wednesday by the ACLU and Yale Law School’s Media Freedom and Information Access Clinic, asks the Foreign Intelligence Surveillance Act (FISA) Court, which rules on intelligence gathering activities in secret, to release 23 classified decisions it made between 9/11 and the passage of the USA Freedom Act in June 2015. As ACLU National Security Project staff attorney Patrick Toomey explains, the opinions are part of a “much larger collection of hidden rulings on all sorts of government surveillance activities that affect the privacy rights of Americans.” Among them is the court order that the government used to direct Yahoo to secretly scanits users’ emails for “a specific set of characters.” Toomey writes: These court rulings are essential for the public to understand how federal laws are being construed and implemented. They also show how constitutional protections for personal privacy and expressive activities are being enforced by the courts. In other words, access to these opinions is necessary for the public to properly oversee their government.
  • Although the USA Freedom Act requires the release of novel FISA court opinions on surveillance law, the government maintains that the rule does not apply retroactively—thereby protecting the panel from publishing many of its post-9/11 opinions, which helped create an “unprecedented buildup” of secret surveillance laws. Even after National Security Agency (NSA) whistleblower Edward Snowden revealed the scope of mass surveillance in 2013, sparking widespread outcry, dozens of rulings on spying operations remain hidden from the public eye, which stymies efforts to keep the government accountable, civil liberties advocates say. “These rulings are necessary to inform the public about the scope of the government’s surveillance powers today,” the ACLU’s motion states.
  • Toomey writes that the rulings helped influence a number of novel spying activities, including: The government’s use of malware, which it calls “Network Investigative Techniques” The government’s efforts to compel technology companies to weaken or circumvent their own encryption protocols The government’s efforts to compel technology companies to disclose their source code so that it can identify vulnerabilities The government’s use of “cybersignatures” to search through internet communications for evidence of computer intrusions The government’s use of stingray cell-phone tracking devices under the Foreign Intelligence Surveillance Act (FISA) The government’s warrantless surveillance of Americans under FISA Section 702—a controversial authority scheduled to expire in December 2017 The bulk collection of financial records by the CIA and FBI under Section 215 of the Patriot Act Without these rulings being made public, “it simply isn’t possible to understand the government’s claimed authority to conduct surveillance,” Toomey writes. As he told The Intercept on Wednesday, “The people of this country can’t hold the government accountable for its surveillance activities unless they know what our laws allow. These secret court opinions define the limits of the government’s spying powers. Their disclosure is essential for meaningful public oversight in our democracy.”
Paul Merrell

FBI Said To Move To "Likely Indictment" Of Clinton Foundation, Fox News Reports | Zero ... - 0 views

  • Roughly at the same time that the WSJ reported of what is now a clear "civil war" between (and within) the FBI and the DOJ, Fox News anchor Bret Baier reported that the FBI's investigation into the Clinton Foundation that has been going on for more than a year has now taken a "very high priority." He added that FBI agents have interviewed and re-interviewed multiple people on the foundation case, which is looking into possible pay for play interaction between then-Secretary of State Hillary Clinton and the Clinton Foundation.   The FBI's White Collar Crime Division is handling the investigation, which will continue, as "there is a lot of evidence. And barring some obstruction in some way, they believe they will continue to likely an indictment."
  • The news was cited by various traders as the catalyst that pressured the USD when it come out late on Wednesday. "There is an avalanche of new information coming in every day," one source told Fox News, who added some of the new information is coming from the WikiLeaks documents and new emails. He added that FBI agents are "actively and aggressively pursuing this case," and will be going back and interviewing the same people again, some for the third time, sources said. Agents are also going through what Clinton and top aides have said in previous interviews and the FBI 302, documents agents use to report interviews they conduct, to make sure notes line up, according to sources.
  • Here are the key highlights from his report, as summarized by Real Clear Politics: The Clinton Foundation investigation is far more expansive than anybody has reported so far and has been going on for more than a year. The laptops of Clinton aides Cherryl Mills and Heather Samuelson have not been destroyed, and agents are currently combing through them. The investigation has interviewed several people twice, and plans to interview some for a third time. Agents have found emails believed to have originated on Hillary Clinton's secret server on Anthony Weiner's laptop. They say the emails are not duplicates and could potentially be classified in nature. Sources within the FBI have told him that an indictment is "likely" in the case of pay-for-play at the Clinton Foundation, "barring some obstruction in some way" from the Justice Department. FBI sources say with 99% accuracy that Hillary Clinton's server has been hacked by at least five foreign intelligence agencies, and that information had been taken from it.
Paul Merrell

Bob Graham gets call from White House and word that declassification of secret 9/11 doc... - 1 views

  • After years of pushing to gain public release of 28 secret pages of a report on the Sept. 11, 2001, terrorist attacks, former U.S. Sen. Bob Graham said he got a call from the White House on Tuesday.
  • Graham told the Tampa Bay Times that Brett Holmgren, a senior policy adviser to the assistant to the president for Homeland Security, told him the declassification review of the documents withheld from a report issued by a Joint Congressional Commission in 2003 will soon be completed. Graham, who asked the president to declassify the records more than two years ago, said he asked how soon he could expect a decision and was told “one or two months.” Graham was co-chairman of a joint congressional committee that investigated the attacks. The 28 pages were classified at the request of the FBI. Graham has been pushing for release of the documents since 2011 when he learned that the FBI had failed to disclose part of its investigation that included reports that high-ranking Saudi Arabian officials provided financial aid and other help to the 19 hijackers who flew airplanes into the World Trade Center and the Pentagon. He says the FBI initially denied there were such reports but has since turned over 80,000 pages in a federal lawsuit seeking the release of all reports on the investigation. Graham said he believes recent news reports on the secrecy surrounding the 28 pages, including a report Sunday on 60 Minutes, prompted the White House to react. “The decisionmakers at the White House have realized the public cares about it and there is an urgency to come to a decision,’’ Graham said.
Paul Merrell

Clinton IT aide answered zero questions in deposition | TheHill - 0 views

  • A former IT expert who was previously responsible for Hillary ClintonHillary Rodham ClintonTrump warns against Syrian refugees: 'A lot of those people are ISIS' Overnight Finance: Senate sends Puerto Rico bill to Obama | Treasury, lawmakers to meet on tax rules | Obama hits Trump on NAFTA | Fed approves most banks' capital plans Bush World goes for Clinton, but will a former president? MORE’s private email server answered virtually no questions during a roughly 90-minute deposition as part of an open records lawsuit this week.Aside from stating his name and saying three times that he understood procedural rules of the sworn-oath interview, Bryan Pagliano declined to say a single word other than to plead his Fifth Amendment right against self-incrimination.
  • The extensive reliance on the Fifth Amendment, which was first reported by Fox News on Wednesday, was expected; Pagliano’s lawyers had previously notified the court about the IT consultant’s plans.But it nonetheless could reflect poorly on Clinton, the former secretary of State and presumed Democratic presidential nominee, whom the judge in the case has said could be forced to answer questions herself.Pagliano’s refusal to talk ensures that key details about her email system remain unsettled and may raise the chances that she is asked to be interviewed herself as part of the case.
  • Pagliano has been granted limited immunity as part of the FBI’s ongoing investigation of Clinton’s email setup and the possibility that classified information was mishandled. In court documents filed ahead of his Wednesday morning deposition, lawyers for him and the federal government refused to outline the terms of the agreement or say how he might be assisting the investigation.However, lawyers did warn that the limited nature of his deal could leave him open to prosecution for incriminating information he divulged outside of protected sessions.The federal court ruled last week that Pagliano's immunity deal could remain secret.
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  • Judicial Watch has interviewed multiple former aides of Clinton as part of its lawsuit, which is one of several pending before a federal court in Washington.Next week, it is expected to conduct the final depositions as part of the case, with longtime deputy Huma Abedin and Undersecretary for Management Patrick Kennedy. 
Paul Merrell

Netanyahu scandals reflect corruption at the heart of Israeli society - Mondoweiss - 0 views

  •       Israeli prime minister Benjamin Netanyahu is in danger of being brought down, possibly soon, over what initially appears to be little more than an imprudent taste for Cuban cigars and pink champagne. In truth, however, the allegations ensnaring Netanyahu reveal far more than his personal flaws or an infatuation with the high life. They shine a rare light on the corrupt nexus between Israel’s business, political and media worlds, compounded by the perverse influence of overseas Jewish money. Of the two police investigations Netanyahu faces (there are more in the wings), the one known as Case 1000, concerning gifts from businessmen worth hundreds of thousands of dollars, is most likely to lead to his downfall. But it is the second investigation, Case 2000, and the still-murky relationship between the two cases, that more fully exposes the rot at the heart of Israel’s political system. This latter case hinges on a tape recording in which Netanyahu plots with an Israeli newspaper tycoon to rig media coverage in his favor. Leads from both cases suggest that Netanyahu may have been further meddling, together with his billionaire friends, in the shadowy world of international espionage.
  • Netanyahu’s appetite for a free lunch has been common knowledge in Israel since his first term as prime minister in the late 1990s. Then, he was twice investigated for fraud, though controversially charges were not brought in either case. Police discovered along the way that he and his wife, Sara, had horded many of the gifts he received during state visits. More than 100 were never recovered. The clarifications that were issued more than 15 years ago, as a result of those investigations, make it hard for Netanyahu to claim now that he did not understand the rules. According to justice ministry advice in 2001, government and state officials cannot keep gifts worth more than $100 without risking violating Israeli law. The gifts Netanyahu received from one of the Israeli businessmen involved in Case 1000, Hollywood film producer Arnon Milchan, amounted to as much as $180,000. Netanyahu has argued that these presents, ranging from cigars to jewelry, were expressions of a close friendship rather than bribes to him in his capacity as prime minister. The problem, however, is that Netanyahu appears to have reciprocated by using his position as head of the Israeli government to lobby John Kerry, the then U.S. secretary of state, to gain Milchan a 10-year U.S. residency visa. He may have done more.
  • Also being investigated are his family’s ties to a friend of Milchan’s, Australian billionaire James Packer, who made his fortune in the media and gambling industries. Packer has similarly lavished gifts on the Netanyahu family, especially Yair, Netanyahu’s eldest son. At the same time, Packer, now a neighbor of the Netanyahus in the coastal town of Caesarea, has been seeking permanent residency and the enormous benefits that would accrue with tax status in Israel. As a non-Jew, Packer should have no hope of being awarded residency. There are suspicions that Netanyahu may have been trying to pull strings on the Australian’s behalf. Many of these gifts were apparently not given freely. The Netanyahus asked for them. Indicating that Netanyahu knew there might be legal concerns, he used code words – “leaves” for cigars and “pinks” for champagne – to disguise his orders to Milchan. Police are reported to be confident, after questioning Netanyahu three times, that they have enough evidence to indict him. If they do, Netanyahu will be under heavy pressure to resign.
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  • Yossi Cohen was appointed head of the Mossad a year ago, after a government vetting committee accepted that he had no personal ties to Netanyahu. But Cohen forgot to mention that he is extremely close to Netanyahu’s high-flying friends – connections that are now under investigation. Milchan set up a global security firm in 2008 called Blue Sky International, stuffed with Israeli security veterans. Packer soon became a partner. They developed close ties to Cohen, first while he was a senior official at the Mossad and later when he headed Israel’s national security council. Before Cohen was appointed head of Mossad in December 2015, the pair had hoped to recruit him to their cyber-security operations. Cohen received several gifts from Packer, in violation of Israeli government rules, including a stay at one of his luxury hotels. A source speaking to Haaretz said Blue Sky had “more than [a] direct line” to Netanyahu. They “would pull him out from anywhere, at any time, on any occasion.” According to Haaretz’s military analyst, Amir Oren, the new disclosures raise serious questions about whether Milchan and Packer twisted Netanyahu’s arm to parachute Cohen into the post over the favored candidate. In return, Packer may have been hoping that Cohen would authorise exceptional Israeli residency for him, classifying him as a security asset.
  • From Hollywood to Mossad Cases 1000 and 2000 share at least one figure in common. Milchan gave Netanyahu extravagant gifts over many years, but he is also reported to have acted as go-between, bringing arch-enemies Netanyahu and Mozes together. Milchan has his own financial stake in the media, in his case a holding in the Channel 10 TV station. In addition, Milchan introduced Netanyahu to sympathetic businessmen, including his friend Packer, to discuss taking the ailing Yedioth media group off Mozes’ hands. Only last October he arranged for media mogul Rupert Murdoch’s son, Lachlan, to fly to Israel for one night for a secret meeting with Netanyahu. Milchan is undoubtedly at the centre of the shadowy world of power and finance that corrupts public life in Israel. Not only is Milchan a highly influential Hollywood figure, having produced more than 100 films, but he has admitted that he is a former Mossad agent. He used his Hollywood connections to help make arms deals and secure parts for Israel’s nuclear weapons program. One can only wonder whether Milchan was not effectively set up in his Hollywood career as a cover for his Mossad activities. But Milchan, it seems, is still wielding influence in Israel’s twilight world of security.
  • eyond this, one one can only speculate about how Cohen’s indebtedness to Milchan, Packer and Netanyahu might have influenced his decisions as head of the Mossad. It was only a few years ago that the former Mossad chief, Meir Dagan, was reported to have wrestled furiously with Netanyahu to stop him launching a military strike on Iran. Prosecution drags feet It is unclear for the time being whether the revelations are drawing to a close or will lead deeper into Israel’s twin netherworlds of financial corruption and security. But what has emerged so far should be enough to finish off Netanyahu as prime minister. Whether it does so may depend on the extent of Israel’s compromised legal system. Attorney general Avichai Mendelblit was appointed by Netanyahu and is a political ally. He appears to have been dragging his feet as much as possible to slow down the police investigation, if not sabotage it. But the weight of evidence is looking like it may prove too overwhelming. As political analyst Yossi Verter observed: “There’s no way that a police commissioner … appointed [by Netanyahu] and a cautious attorney general, who in the past was part of his close circle and one of his loyalists, would be putting him through the seven circles of hell if they weren’t convinced that there’s a solid basis for indictment and conviction.” The next question for Netanyahu is whether he will step down if indicted. He should, if Olmert’s example is followed. But his officials are citing a 1993 high court ruling that allows a cabinet minister under indictment to remain in office. Certainly if Netanyahu chooses to stay on, his decision would be appealed to the court again. However, the judges may be reluctant to oust a sitting prime minister. The court of public opinion is likely to be decisive in that regard. A recent poll shows few Israelis believe Netanyahu is innocent of the allegations. Some 54 per cent think he broke the law, while only 28 believe him. Opinion, however, is split evenly on whether he should resign.
  • If past experience is any measure, Netanyahu will try to turn public opinion his way by increasing friction with the Palestinians and exploiting the international arena, especially his relations with the Trump administration. He may be expected to encourage Trump at the very least to posture more stridently against Iran. Nonetheless, most observers assume Netanyahu is doomed – it is simply a matter of when. The odds are on an indictment in late spring, followed by elections in the fall, say Israeli analysts. At this stage, none of his political rivals wants to be seen stabbing Netanyahu in the back. Most are keeping quiet. But behind the scenes, political leaders are hurrying to forge new alliances and extract political concessions while Netanyahu is wounded.
  • Who might succeed Netanyahu? Yair Lapid, of the centre-right Yesh Atid, is heading the polls, but that may in part reflect the disarray in Netanyahu’s Likud party. In a sign of where the deeper currents in Israeli society are leading, a Maariv poll last week showed that settler leader Naftali Bennett would win an election if he were to head the Likud. Netanyahu now needs the help of all the powerful friends he can muster. His biggest ally, U.S. casino magnate Sheldon Adelson, may not be among them. After the revelations that Netanyahu was conspiring against him with Mozes, Adelson has cut back on Israel Hayom’s circulation and is reported to be offering less favorable coverage of the Netanyahus. That could prove the final straw, sealing Netanyahu’s fate.
Paul Merrell

IC ON THE RECORD * ODNI STATEMENT on the Unauthorized Disclosure of... - 1 views

  • September 6, 2013 It should hardly be surprising that our intelligence agencies seek ways to counteract our adversaries’ use of encryption.  Throughout history, nations have used encryption to protect their secrets, and today, terrorists, cybercriminals, human traffickers and others also use code to hide their activities.  Our intelligence community would not be doing its job if we did not try to counter that.  While the specifics of how our intelligence agencies carry out this cryptanalytic mission have been kept secret, the fact that NSA’s mission includes deciphering enciphered communications is not a secret, and is not news. Indeed, NSA’s public website states that its mission includes leading “the U.S. Government in cryptology … in order to gain a decision advantage for the Nation and our allies.” The stories published yesterday, however, reveal specific and classified details about how we conduct this critical intelligence activity. Anything that yesterday’s disclosures add to the ongoing public debate is outweighed by the road map they give to our adversaries about the specific techniques we are using to try to intercept their communications in our attempts to keep America and our allies safe and to provide our leaders with the information they need to make difficult and critical national security decisions.
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    Director of National Intelligence James Clapper is displeased by the disclosures of its decryption capabilities revealed by the New York Times, based on Edward Snowden-leaked documents.  http://www.nytimes.com/2013/09/06/us/nsa-foils-much-internet-encryption.html?pagewanted=all&_r=0 Noticeably absent from DNI Clapper's reaction is the slightest hint of respect for privacy rights of American citizens. Isn't it past time that this gentleman lose his job, to be replaced by a strong civil libertarian? 
Paul Merrell

Angry Birds and 'leaky' phone apps targeted by NSA and GCHQ for user data | World news ... - 0 views

  • The National Security Agency and its UK counterpart GCHQ have been developing capabilities to take advantage of "leaky" smartphone apps, such as the wildly popular Angry Birds game, that transmit users' private information across the internet, according to top secret documents.The data pouring onto communication networks from the new generation of iPhone and Android apps ranges from phone model and screen size to personal details such as age, gender and location. Some apps, the documents state, can share users' most sensitive information such as sexual orientation – and one app recorded in the material even sends specific sexual preferences such as whether or not the user may be a swinger.Many smartphone owners will be unaware of the full extent this information is being shared across the internet, and even the most sophisticated would be unlikely to realise that all of it is available for the spy agencies to collect
  • Dozens of classified documents, provided to the Guardian by whistleblower Edward Snowden and reported in partnership with the New York Times and ProPublica, detail the NSA and GCHQ efforts to piggyback on this commercial data collection for their own purposes.Scooping up information the apps are sending about their users allows the agencies to collect large quantities of mobile phone data from their existing mass surveillance tools – such as cable taps, or from international mobile networks – rather than solely from hacking into individual mobile handsets. Exploiting phone information and location is a high-priority effort for the intelligence agencies, as terrorists and other intelligence targets make substantial use of phones in planning and carrying out their activities, for example by using phones as triggering devices in conflict zones. The NSA has cumulatively spent more than $1bn in its phone targeting efforts.The disclosures also reveal how much the shift towards smartphone browsing could benefit spy agencies' collection efforts.
  • Depending on what profile information a user had supplied, the documents suggested, the agency would be able to collect almost every key detail of a user's life: including home country, current location (through geolocation), age, gender, zip code, marital status – options included "single", "married", "divorced", "swinger" and more – income, ethnicity, sexual orientation, education level, and number of children.The agencies also made use of their mobile interception capabilities to collect location information in bulk, from Google and other mapping apps. One basic effort by GCHQ and the NSA was to build a database geolocating every mobile phone mast in the world – meaning that just by taking tower ID from a handset, location information could be gleaned.A more sophisticated effort, though, relied on intercepting Google Maps queries made on smartphones, and using them to collect large volumes of location information.So successful was this effort that one 2008 document noted that "[i]t effectively means that anyone using Google Maps on a smartphone is working in support of a GCHQ system."
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  • One slide from a May 2010 NSA presentation on getting data from smartphones – breathlessly titled "Golden Nugget!" – sets out the agency's "perfect scenario": "Target uploading photo to a social media site taken with a mobile device. What can we get?"The question is answered in the notes to the slide: from that event alone, the agency said it could obtain a "possible image", email selector, phone, buddy lists, and "a host of other social working data as well as location".
  • The latest disclosures could also add to mounting public concern about how the technology sector collects and uses information, especially for those outside the US, who enjoy fewer privacy protections than Americans. A January poll for the Washington Post showed 69% of US adults were already concerned about how tech companies such as Google used and stored their information.The documents do not make it clear how much of the information that can be taken from apps is routinely collected, stored or searched, nor how many users may be affected. The NSA says it does not target Americans and its capabilities are deployed only against "valid foreign intelligence targets".The documents do set out in great detail exactly how much information can be collected from widely popular apps. One document held on GCHQ's internal Wikipedia-style guide for staff details what can be collected from different apps. Though it uses Android apps for most of its examples, it suggests much of the same data could be taken from equivalent apps on iPhone or other platforms.The GCHQ documents set out examples of what information can be extracted from different ad platforms, using perhaps the most popular mobile phone game of all time, Angry Birds – which has reportedly been downloaded more than 1.7bn times – as a case study.
  • Other apps choose to transmit much more data, meaning the agency could potentially net far more. One mobile ad platform, Millennial Media, appeared to offer particularly rich information. Millennial Media's website states it has partnered with Rovio on a special edition of Angry Birds; with Farmville maker Zynga; with Call of Duty developer Activision, and many other major franchises.
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    Don't miss the linked companion articles at New York Times and ProPublica. 
Paul Merrell

Senators: CIA 'Misleading' Public Over Secret Torture Report - 0 views

  • U.S. senators openly castigated the Central Intelligence Agency on Tuesday for delaying the release of a long-awaited report on torture and secret prisons during the Bush era. Despite earlier comments that the committee, which commissioned the report, and the CIA were reaching an agreement on portions the controversial 6,000-page study, progress on its declassification is once again stymied. Meanwhile, long-simmering disagreements about the accuracy of the interrogation report have exploded into public view.  "I'm convinced more than ever that we need to declassify the report so that those with a political agenda can no longer manipulate public opinion," said Sen. Martin Heinrich (D-NM), referring to the CIA. "He's mad. I'm mad. We're all mad," added Sen. John D. Rockefeller (D-WV).
  • The interrogation report is the product of three year's work and $40 million in preparation costs. Ever since its completion one year ago last week, there's been strong disagreement among intelligence officials and lawmakers over how much information the public should be allowed to read,
  • Last week, the CIA insisted it was "prepared to work with the Committee." It highlighted the written response it gave to the committee in late June. "Our response agreed with a number of the study's findings, but also detailed significant errors in the study," said CIA spokesman Dean Boyd. That public remark concerning factual errors infuriated Senate Democrats despite the fact that it's been the CIA's position for months. "I am outraged that the CIA continues to make misleading statements about the committee's study of the CIA's interrogation program," said Heinrich. "There is only one instance in which the CIA pointed out a factual error in the study -- a minor error that has been corrected. For the rest, where the committee and the CIA differ, we differ on interpretation and conclusions from an agreed upon factual record."
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  • "You can't publicly call our differences of opinion significant errors in press releases," he said. "It's misleading. These are not factual errors." What exactly the two sides disagree on is a mystery because the report remains classified.
  • Officials who are familiar with the report's conclusions say that it offers detailed examples of how subjecting prisoners to harsh interrogations, including what human rights groups and others call torture, may have been counterproductive, and that the techniques didn't produce any leads that helped the CIA find Osama bin Laden, as some current and former CIA officials claim. Feinstein said in a statement last year that the CIA had made "terrible mistakes" by interrogating suspects in secret prisons, and that the report "will settle the debate once and for all over whether our nation should every employ coercive interrogation techniques."
  • In an interesting disclosure, Sen. Mark Udall (D-CO) noted that an internal CIA report exists that he says "is consistent with the Intelligence Committee's report" and differs from the CIA's official response to the committee. Udall said he and the committee would like to examine that report. When contacted, the CIA told The Cable, "We're aware of the Committee's request and will respond appropriately." One thing that is clear: Despite the fact that Feinstein said the committee would vote "shorty" to declassify the report, it's a near-certainty that the vote won't happen before the Senate breaks for recess given ongoing disputes between the committee and agency. Feinstein appeared visibly frustrated. "Let's get on with it," she said. "Let's vote to declassify."
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    Interesting. We may get to read more of the report than I had expected. Cross-reference: UN Convention against Torture, http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

Secret pre-Iraq War talks between Blair and Bush to be published - RT News - 0 views

  • Tony Blair and George Bush exchanged voluminous correspondence prior to the start of military operations in Iraq. Now, the UK is moving to declassify details of the talks for an inquiry into Britain’s involvement in the conflict, British media reported. The release, set for the upcoming year, is expected to include more than 100 documents, described as a collection of notes, records of 200 minutes of ministerial level talks, telephone conversations and private meetings between the British prime minister and American president, The Independent reported. This will give the green light for the Chilcot Iraq Inquiry to publish an account of the conflict, where much attention will be given to decisions made by then Prime Minister Tony Blair. Indeed, the files could play a major part in determining Blair’s historical legacy, which critics say has been stained by the Iraq War. Blair has been criticized for failing to challenge then-US President George W. Bush on Iraq’s alleged weapons of mass destruction, specifically chemical and biological weapons, which a Joint Intelligence Committee report said in September 2002 “could be ready for firing in 45 minutes.”
  • A senior government official predicted the results of the inquiry will not do Blair any favors: "In the new year it seems the Chilcot inquiry is going to be published. Everyone will be assuming: bad hair day for Tony Blair and Jack Straw." Straw served as Blair’s secretary of state.
  • There has been some speculation, however, as to how effective the Iraq Inquiry can hope to be in determining the British government’s - not to mention Tony Blair’s - position on jumping on board George W. Bush’s Iraq war bandwagon. UK officials said their “intention is to be as open as possible,” yet the final decision on what will be released will be made by cabinet secretary, Sir Jeremy Heywood, the same individual who fought against publication of the Blair-Bush correspondence in the first place.
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  • In September 2004, Kofi Annan, then UN Secretary General, expressed his views on the invasion, saying, "I have indicated it was not in conformity with the UN Charter. From our point of view, from the Charter point of view, it was illegal." The Chilcot Inquiry, named after its chairman, Sir John Chilcot, who pushed for the release of the classified documents, is expected to be released by the end of 2014.
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    Declassification of these documents has been a years-long battle. It would not surprise me to see them released so heavily redacted that little sense can be made of them. 
Paul Merrell

WASHINGTON: CIA's use of harsh interrogation went beyond legal authority, Senate report... - 0 views

  • A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.
  • The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.
  • Some of the report’s other conclusions, which were obtained by McClatchy, include:_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters._ The agency impeded effective White House oversight and decision-making regarding the program._ The CIA actively evaded or impeded congressional oversight of the program._ The agency hindered oversight of the program by its own Inspector General’s Office.
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  • The investigation determined that the program produced very little intelligence of value and that the CIA misled the Bush White House, the Congress and the public about the effectiveness of the interrogation techniques, committee members have said.The techniques included waterboarding, which produces a sensation of drowning, stress positions, sleep deprivation for up to 11 days at a time, confinement in a cramped box, slaps and slamming detainees into walls. The CIA held detainees in secret “black site” prisons overseas and abducted others who it turned over to foreign governments for interrogation.The CIA, which contends that it gained intelligence from the program that helped identify al Qaida terrorists and averted plots against the United States, agreed with some of the report’s findings but disputed other conclusions in an official response sent to the committee in June 2013.
  • Some current and former U.S. officials and military commanders, numerous experts and foreign governments have condemned the harsh interrogation methods as violations of international and U.S. laws against torture, a charge denied by the CIA and the Bush administration.They’ve based their defense on a series of top-secret legal opinions issued by the Justice Department beginning in August 2002. At that time, the agency sought advice on whether using the harsh techniques on Zayn al Abidin Muhammad Husayn, a close aide to Osama bin Laden who went by the nom de guerre Abu Zubaydah, would violate U.S. law against torture.The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.
  • “The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.Several human rights experts said the conclusion called into question the program’s legal foundations.“If the CIA fundamentally misrepresented what it was doing and that was what led (Justice Department) lawyers to conclude that the conduct was legal, then the legal conclusions themselves were inaccurate,” said Andrea Prasow, senior national security counsel for Human Rights Watch. “The lawyers making those assessments were relying on the facts that were laid before them.”“This just reinforces the view that everyone who has said the torture program was legal has been selling a bill of goods and it’s time to revisit the entire conventional wisdom being pushed by those who support enhanced interrogation that this program was safe, humane and lawful,” said Raha Wala, a lawyer with Human Rights First’s Law and Public Safety Program.
  • Among other findings, the report said that CIA personnel used interrogation methods that weren’t approved by the Justice Department or their headquarters.The conclusion that the CIA provided inaccurate information to the Justice Department reflects the findings of a top-secret investigation of the program by the CIA Inspector General’s Office that was triggered by allegations of abuse.The CIA inspector general’s May 7, 2004, report, which was declassified, found that in waterboarding Zubaydah and Khalid Sheikh Mohammad, deemed the chief architect of the 9/11 attacks, the CIA went beyond the parameters it outlined to the Justice Department’s Office of Legal Counsel, which wrote the legal opinions.Zubaydah was waterboarded 83 times, while Mohammad underwent the procedure 183 times.Those cases clashed with the CIA’s assertion _ outlined in the now-declassified top-secret August 2002 Office of Legal Counsel opinion _ that repetition of the methods “will not be substantial because the techniques generally lose their effectiveness after several repetitions.”
  • The Office of Legal Counsel opinion stated that its finding that the harsh interrogation techniques didn’t constitute torture was based on facts provided by the CIA, and that “if these facts were to change, this advice would not necessarily apply.”The CIA inspector general’s report found that the “continued applicability of the DOJ opinion” was in question because the CIA told the Justice Department that it would use waterboarding in the same way that it was used in training U.S. military personnel to evade capture and resist the enemy. In fact, the inspector general’s report continued, the CIA used waterboarding in a “manner different” from U.S. military training.The CIA also failed to keep track of the number of individuals it captured under the program, the Senate report concluded. Moreover, it said, the agency held people who didn’t meet the legal standard for detention. The report puts that number at 26, McClatchy has learned.
  • “The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained and held individuals who did not meet the legal standard for detention,” it found. “The CIA’s claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.”“The CIA’s records were hazy, inconsistent and at times inaccurate,” said the former U.S. official.
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