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Paul Merrell

National Defense Authorization Act of 2014 Authorizes Cyber Warfare Against American Ci... - 0 views

  • In the midst of the holiday season Congress decided to pass the National Defense Authorization Act of 2014 or NDAA.  The bill was later signed into law by President Obama with little if any fanfare.
  •  The NDAA contains a number of highly questionable sections that run contrary to the principles articulated in the United States Constitution.  Specifically, language contained in the bill appears to authorize cyber warfare operations against the American people.
  • All of this is even more concerning when one considers that the NDAA also has a lot of new cyber warfare initiatives.  Section 931 through Section 942 contains a bunch of crazy stuff dealing with the world of cyber warfare..Section 932 authorizes the creation of a position known as The Principal Cyber Advisor which will be responsible for supervising offensive and defensive cyber warfare activities.  Obviously this position would not be created unless the federal government is intending upon involving itself in both offensive and defensive cyber warfare well into the future.  Section 933 instructs the Secretary of Defense to conduct a broad mission analysis of the government’s cyber warfare capabilities.  The required analysis will focus primarily on how they will manage, increase and enhance their personnel assigned to cyber warfare operations.  It even disallows the reduction of cyber warfare personnel assigned to the Air National Guard.
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  • Section 936 requests the Secretary of Defense to strengthen outreach and threat awareness programs for small businesses.  This is allegedly to assist businesses that are awarded contracts by the Department of Defense to understand cyber threats, develop plans to protect intellectual property and networks of such businesses.  Realistically, this section appears to give the Department of Defense the authority to mandate all sorts of cyber security requirements on small businesses that they do transactions with.  The language of the section makes it sound as if they will be doing these small businesses a favor when the opposite appears to be the case.Section 940 authorizes the President to establish a process and policy to control the proliferation of cyber weapons through law enforcement activities, financial means, diplomatic engagement and pretty much any other means that the President considers appropriate.  This would also include potential private industry participation in the initiative.  The objective of the process is to suppress the trade of so-called cyber tools that could be used for criminal, terrorist or military activities.  The term cyber weapon is not explicitly defined in the section so this could be considered almost anything be it software or hardware that they declare could potentially be used for a nefarious purpose.  Even something like bit torrent and torrent related applications could be considered cyber weapons since copyrighted material is consistently transferred back and forth using these tools.  As a result, the use of these tools could potentially fall under the classification of criminal activity.  Once again we have the President being given expansive powers from Congress with its extremely broad use of language in the bill. 
  • Section 941 directs the president to establish an interagency policy to deter adversaries in cyberspace.  The word adversaries is yet again not specifically defined in the section so this could also mean almost anything.  With many American citizens not trusting the United States government this could mean a policy to deter or stifle anyone from political opponents to protesters who voice their disgust on the Internet.Overall, between the records collection initiative and the immense cyber warfare planning that is outlined in the NDAA it is becoming painfully clear that the United States government is turning the Internet into a battlefield.
Paul Merrell

The FBI's Own Hostage Crisis - Newsweek - 0 views

  • By  Jeff Stein 0 Share Last Thursday, an urgent call went out from CIA headquarters to the spy agency's director, John Brennan, who was giving a speech to a graduating class at The Farm, the CIA's training facility near Williamsburg, Va. Brennan was warned that the Associated Press and The Washington Post were about to publish the results of a long investigation revealing that Robert Levinson, a retired FBI agent who had gone missing while "on private business" in Iran six years ago, had actually been working for the CIA. A handful of national security reporters in D.C. had known of Levinson's CIA connection for years but agreed to sit on it, accepting the CIA's rationale that publishing the information could endanger the life of Levinson, who was ostensibly pursuing an investigation of cigarette smuggling for a private client when he went missing on Iran's Kish Island in March 2007. Levinson was thought to be in Iranian hands. On Thursday morning, the entreaties of lower ranking CIA officials to the AP and Washington Post not to publish the story were rebuffed. Other high-ranking Obama administration officials, including White House chief of staff Denis McDonough and deputy national security advisor Ben Rhodes, as well as FBI Deputy Director Mark Giuliano, made the same argument to the reporters and their editors. By the time Brennan got his warning from headquarters, however, it was too late to for him to make an appeal. The story, by the AP's Matt Apuzzo and Adam Goldman, who had recently left AP to join The Washington Post, was online.
Paul Merrell

Al-Qaeda might attack Guantanamo, claims US - Human Rights - Al Jazeera English - 0 views

  • In a 13-page brief filed on Friday in federal court in Washington, DC, government lawyers assert that a June 3 declaration signed by Guantanamo prison warden Colonel John Bogdan, which sought to justify the rationale behind the genital search policy , contains details about "operational-security and force-protection procedures" that, if made public, "would better enable our enemies to attack the detention facilities at Guantanamo or undermine security at the facility".
  • The government made these claims in response to a motion to intervene  filed by this reporter in federal court last month which sought to unseal Bogdan's six-page declaration. Journalists can intervene in court cases and argue for the release of certain materials on the grounds that the public has a right of access to judicial records. The warden's declaration was submitted by the government - under seal - in response to a lawsuit filed by Guantanamo attorneys, who argued the genital search policy Bogdan enacted at the height of a mass hunger strike in April interfered with prisoners' access to their lawyers. The new procedures required prisoners to agree to have their genitals searched whenever they left their cells to meet with attorneys, and upon return, to ensure they were not transporting "contraband". Rather than submit to the searches, numerous prisoners declined to meet with their lawyers.
  • Last month, US District Court Judge Royce Lamberth banned the searches, calling them "religiously and culturally abhorrent". Lamberth said the protocol Bogdan implemented under the guise of security was actually intended to deter prisoners from meeting with their lawyers. The judge noted the "government is a recidivist when it comes to denying counsel access" to the prisoners. Three days after Lamberth issued his opinion, this reporter's Washington, DC-based attorney, Jeffrey Light, filed a motion to intervene to unseal Bogdan's declaration. The following week a federal appeals court reversed Lamberth's decision while the government prepared a formal appeal.
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  • Secret, or not secret? In response to the court filing, the government on Friday released a partially redacted version of Bogdan's declaration, and argued that the blacked-out passages in the document should remain secret - because they contained sensitive "operational-security information" about Guantanamo. But it appears government lawyers were unaware that another version of Bogdan's declaration - one that contained a different set of redactions - was publicly released last month, in documents filed with the federal appeals court when the government asked Lamberth's decision to be put on hold. Redacted passages that the government says needs to remain secret are unredacted in the earlier version filed on the public record as part of the government's appeal. At the same time, some unredacted passages in the declaration submitted on Friday are redacted in the public version of Bogdan's declaration filed with the appeals court last month.
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    Today's free giggle, courtesy of the U.S. Dept. of Justice and Dept. of Defense. So sensitive that it would make Gitmo more susceptible to terrorist attack, Judge. Just ignore that Google Maps view of Gitmo and think about how important it is that we be allowed to fondl ... er, probe those genitals and anuses for contraband and weapons, Judge.  What's that, you say, the intervenor already published the document? We released it last week? Judge ... :-) 
Paul Merrell

Spies worry over doomsday cache stashed by ex-NSA contractor Snowden | Reuters - 0 views

  • (Reuters) - British and U.S. intelligence officials say they are worried about a "doomsday" cache of highly classified, heavily encrypted material they believe former National Security Agency contractor Edward Snowden has stored on a data cloud. The cache contains documents generated by the NSA and other agencies and includes names of U.S. and allied intelligence personnel, seven current and former U.S. officials and other sources briefed on the matter said.The data is protected with sophisticated encryption, and multiple passwords are needed to open it, said two of the sources, who like the others spoke on condition of anonymity to discuss intelligence matters.The passwords are in the possession of at least three different people and are valid for only a brief time window each day, they said. The identities of persons who might have the passwords are unknown.
  • One source described the cache of still unpublished material as Snowden's "insurance policy" against arrest or physical harm.U.S. officials and other sources said only a small proportion of the classified material Snowden downloaded during stints as a contract systems administrator for NSA has been made public. Some Obama Administration officials have said privately that Snowden downloaded enough material to fuel two more years of news stories."The worst is yet to come," said one former U.S. official who follows the investigation closely.Snowden, who is believed to have downloaded between 50,000 and 200,000 classified NSA and British government documents, is living in Russia under temporary asylum, where he fled after traveling to Hong Kong. He has been charged in the United States under the Espionage Act.Cryptome, a website which started publishing leaked secret documents years before the group WikiLeaks or Snowden surfaced, estimated that the total number of Snowden documents made public so far is over 500.
  • Snowden's revelations of government secrets have brought to light extensive and previously unknown surveillance of phone, email and social media communications by the NSA and allied agencies. That has sparked several diplomatic rows between Washington and its allies, along with civil liberties debates in Europe, the United States and elsewhere.Among the material which Snowden acquired from classified government computer servers, but which has not been published by media outlets known to have had access to it, are documents containing names and resumes of employees working for NSA's British counterpart, the Government Communications Headquarters (GCHQ), sources familiar with the matter said.The sources said Snowden started downloading some of it from a classified GCHQ website, known as GC-Wiki, when he was employed by Dell and assigned to NSA in 2012.
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  • Glenn Greenwald, who met with Snowden in Hong Kong and was among the first to report on the leaked documents for the Guardian newspaper, said the former NSA contractor had "taken extreme precautions to make sure many different people around the world have these archives to insure the stories will inevitably be published.""If anything happens at all to Edward Snowden, he has arranged for them to get access to the full archives," Greenwald said in a June interview with the Daily Beast website. He added: "I don't know for sure whether has more documents than the ones he has given me... I believe he does."In an email exchange with Reuters, Greenwald, who has said he remains in contact with Snowden, affirmed his statements about Snowden's "precautions" but said he had nothing to add.Officials believe that the "doomsday" cache is stored and encrypted separately from any material that Snowden has provided to media outlets.
  • Sources familiar with unpublished material Snowden downloaded said it also contains information about the CIA - possibly including personnel names - as well as other U.S. spy agencies such as the National Reconnaissance Office and National Geospatial-Intelligence Agency, which operate U.S. image-producing satellites and analyze their data.U.S. security officials have indicated in briefings they do not know what, if any, of the material is still in Snowden's personal possession. Snowden himself has been quoted as saying he took no such materials with him to Russia.
Gary Edwards

The Patriot's Declaration - Voice of Essential Liberty - 0 views

  • that fiscal responsibility be enumerated in our Constitution by way of a Balanced Budget Amendment, including zero base-line accounting principles, to be put before the states and the people;
    • Gary Edwards
       
      If, under the "Enumerated Powers Act/Amendment", ALL legislation requires the siting of specific Constitutional authority, wouldn't that negate the need for a Balanced Budget Amendment?  Tons of outrageous stuff in the Federal Budget would need to be examined and properly "enumerated".  And that would put an end to it?  Just asking :)
  • that said Amendment contain a provision requiring a three-fifths majority of votes by members of Congress to raise direct or indirect taxes, and acknowledgment that the legislature has no authority to raise taxes for purposes that are not expressly authorized by the Constitution;
  • that said Amendment contain a provision that direct taxes be levied at an equal ratio to all Americans, ensuring that the cost-burden of government is shared equally by all, and consistent with Article I, Section 9, which provides "No Bill of Attainder or ex post facto Law shall be passed" which would unduly single out individuals or minority groups for undue punishment;
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  • that said Amendment contain a provision that the withholding of taxes by an employer is the option of the taxpayer;
  • EIGHTH
  • that said Amendment acknowledge the interdependence of economic freedom and political freedom by provision that any bill before Congress must enumerate its implications against the exercise of free enterprise;
  • NINTH
  • Legislature Accountability Amendment
  • that a
  • to establish term limits for all members of Congress, similar to that of the 22nd Amendment, Section 1, limiting terms for the Executive, be put before the states and the people; and,
  • TENTH
  • Rule of Law
  • because
  • established through the Laws of Nature and of Nature's God, entitles the People to unalienable Rights including Life, Liberty and the pursuit of Happiness, and severely limits the government from any infringement upon those rights, then any member of the executive, legislative or judicial branch in violation of the Rule of Law established through our Constitution, is subject to impeachment and criminal prosecution.
    • Gary Edwards
       
      YES!!! Now we're talking tough.
  • THUS, be it known that for the support of this Declaration in defense of the Rule of Law established by our Constitution, it is, with firm reliance on the protection of divine Providence, that we mutually pledge to each other our Lives, our Fortunes and our sacred Honor
  • Note to signers: The Patriot Declaration is not a petition. It is a "Declaration of Cause and Necessity" and stands on its own as an resolution of intent for all who sign it, as due notice for those who would abandon their oath to "Support and Defend the Constitution" and abuse their office to the detriment of individual liberty and states rights.
  • Preamble to the Patriot Declaration
  • Patriot Declaration
  • THEREFORE BE IT RESOLVED,
  • We the People of these United States, in order to restore a more perfect Union, re-establish Justice, re-insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, pledge to support and defend the Constitution of the United States of America, as established at great cost in lives and treasure by our Founders and defended by generations since, and we demand that those in the Executive, Legislative and Judicial branches of our national government, likewise honor their oaths, and commit to undertake the following actions to restore constitutional integrity and Rule of Law:
Paul Merrell

Court Requires Review of State Secrets Documents - 0 views

  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.” “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.”
  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.”
  • “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.” The Court “understands its limited institutional competence to assess claims of national security and its obligation not to extend its review of claims of state secrets beyond what is necessary for the Court to perform its institutional role,” Judge Trenga wrote. Nevertheless, under current circumstances “the Court concludes that it is necessary for the Court to review at this stage certain of the underlying documents as to which the state secrets privilege is asserted.” “This case involves the extraordinary exercise of executive branch authority to operate a program [the "no fly" procedure] that results in the deprivation of basic liberties according to secret executive branch decision making, without pre-deprivation judicial review…. [Therefore,] the Court has a particularly strong and heightened institutional responsibility in these circumstances to review and assess the propriety of such executive branch activity since to dismiss this case as the defendants request would, in essence, judicially sanction conduct that has far-reaching implications.”
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  • Merely relying on government assertions of privilege without independent review of their basis and validity is inadequate since “In many instances, the privilege claims are conclusory, and it is difficult, if not impossible, to assess the merits of those claims….” “The Court therefore cannot accept, without further inquiry and review, that all of the documents as to which the state secrets privilege has been invoked in fact contain state secrets, or that any state secrets that might be contained in the listed documents would preclude the litigation of the plaintiff’s claims…,” Judge Trenga wrote. He ordered the government to produce the relevant documents for in camera review on or before October 15, 2014. In a footnote, Judge Trenga’s Order contains a rare judicial acknowledgment that “The government’s assertion of the state secrets privilege in certain cases has been less than reassuring. See Reynolds v. United States, 345 U.S. 1 (1953), in which it became apparent years later, after the claimed state secrets document was declassified, that it did not implicate state secrets….”
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    The DoJ is likely to take an immediate appeal from this order. But federal judges are showing increasing hostility to the secrecy around the government's designation of people on the no-fly list. Whether the Supreme Court would support the government in a Due Process challenge to the secrecy of the no-fly list and its procedures is an open question.  
Paul Merrell

What Should We Do if the Islamic State Wins? | Foreign Policy - 0 views

  • It’s time to ponder a troubling possibility: What should we do if the Islamic State wins? By “wins,” I don’t mean it spreads like wildfire throughout the Muslim world, eventually establishing a caliphate from Baghdad to Rabat and beyond. That’s what its leaders say they are going to do, but revolutionary ambitions are not reality and that possibility is particularly far-fetched. Rather, an Islamic State victory would mean that the group retained power in the areas it now controls and successfully defied outside efforts to “degrade and destroy” it. So the question is: What do we do if the Islamic State becomes a real state and demonstrates real staying power? That possibility is looking more likely these days, given Baghdad’s inability to mount a successful counteroffensive. If MIT’s Barry Posen is correct (and he usually is), the Iraqi Army no longer exists as a meaningful fighting force. Not only does this reveal the bankruptcy of the U.S. effort to train Iraqi forces (and the collective failure of all the commanders who led this effort and kept offering upbeat assessments of progress), but it also means that only a large-scale foreign intervention is likely to roll back and ultimately eliminate the Islamic State. This will not happen unless a coalition of Arab states agrees to commit thousands of their own troops to the battle, because the United States will not and should not do the fighting for states whose stake in the outcome exceeds its own.
  • Don’t get me wrong — I’d be as pleased as anyone if the Islamic State were decisively defeated and its violent message utterly discredited. But one needs to plan not just for what one would like to see happen, but also for the very real possibility that we can’t actually achieve what we want — or at least not at a cost that we consider acceptable. So what do we do if the Islamic State succeeds in holding on to its territory and becoming a real state? Posen says that the United States (as well as others) should deal with the Islamic State the same way it has dealt with other revolutionary state-building movements: with a policy of containment. I agree.
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    The legitimazation process begins for ISIL wiyh a Foreign Policy article penned by influential Harvard Prof. Stephen M. Walt.
Paul Merrell

Revealed: NSA pushed 9/11 as key 'sound bite' to justify surveillance | Al Jazeera America - 0 views

  • The National Security Agency advised its officials to cite the 9/11 attacks as justification for its mass surveillance activities, according to a master list of NSA talking points. The document, obtained by Al Jazeera through a Freedom of Information Act request, contains talking points and suggested statements for NSA officials (PDF) responding to the fallout from media revelations that originated with former NSA contractor Edward Snowden. Invoking the events of 9/11 to justify the controversial NSA programs, which have caused major diplomatic fallout around the world, was the top item on the talking points that agency officials were encouraged to use. Under the subheading “Sound Bites That Resonate,” the document suggests the statement “I much prefer to be here today explaining these programs, than explaining another 9/11 event that we were not able to prevent.”
  • NSA head Gen. Keith Alexander used a slightly different version of that statement when he testified before Congress on June 18 in defense of the agency’s surveillance programs. Asked to comment on the document, NSA media representative Vanee M. Vines pointed Al Jazeera to Alexander’s congressional testimony on Tuesday, and said the agency had no further comment. In keeping with the themes listed in the talking points, the NSA head told legislators that “it is much more important for this country that we defend this nation and take the beatings than it is to give up a program that would result in this nation being attacked.” Critics have long noted the tendency of senior U.S. politicians and security officials to use the fear of attacks like the one that killed almost 3,000 Americans to justify policies ranging from increased defense spending to the invasion of Iraq.
  • Al Jazeera obtained the 27 pages of talking points from the NSA this week in response to a FOIA request filed June 13. The statements had been prepared for agency officials facing questions from Congress or the media over the revelations contained in classified documents that Snowden leaked to journalists Glenn Greenwald, Barton Gellman and others. A letter accompanying the documents notes that the talking points “are prepared and approved for a speaker to use and do not necessarily represent what the speaker actually said at the event.” The NSA has not yet turned over to Al Jazeera the documents the agency used to prepare the talking points, saying those materials require additional review before they can be released.  The attacks on the World Trade Center and the Pentagon also appear at the top of another talking-points document titled “Media Leaks One Card,” which contains 13 bullet points to explain the rationale behind the surveillance programs. Those points include “First responsibility is to defend the nation” and “NSA and its partners must make sure we connect the dots so that the nation is never attacked again like it was on 9/11.”
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  • The master talking points list goes on to explain, under a subheading titled “We Needed to Connect the Dots,” that “post-9/11 we made several changes and added a number of capabilities to enable us to connect the dots.” Continuing revelations from the Snowden documents reveal surveillance on a scale that appears to go far beyond the scope of monitoring potential attackers, however. The agency’s “head of state collection” program, for example, reportedly included the monitoring of German Chancellor Angela Merkel’s mobile phone. The talking points document advises officials to emphasize the word “lawful” when discussing NSA surveillance programs, and to state that “our allies have benefited … just as we have.” “We believe that over 100 nations are capable of collecting signals intelligence or operating a lawful intercept capability that enable them to monitor communications,” the document continued.
  • Critics have called into question the veracity of the claim that NSA surveillance has thwarted more than 50 “potential” attacks. They claim evidence to support such assertions is lacking. NSA officials are advised to respond to questions about any potential civil liberties violations by citing talking points that say there have not been any “willful violations” and that the NSA is committed to “upholding the privacy and civil liberties of the American people.”
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    27 pages of talking points appended to the article, plus a two-page cover letter. It's the scripts for just about everything official that's been coming out of NSA and the Administration. Interesting reading; they cover some things that haven't yet come up.   
Paul Merrell

Exclusive: Dozens of Clinton emails were classified from the start, U.S. rules suggest ... - 0 views

  • For months, the U.S. State Department has stood behind its former boss Hillary Clinton as she has repeatedly said she did not send or receive classified information on her unsecured, private email account, a practice the government forbids.While the department is now stamping a few dozen of the publicly released emails as "Classified," it stresses this is not evidence of rule-breaking. Those stamps are new, it says, and do not mean the information was classified when Clinton, the Democratic frontrunner in the 2016 presidential election, first sent or received it.But the details included in those "Classified" stamps — which include a string of dates, letters and numbers describing the nature of the classification — appear to undermine this account, a Reuters examination of the emails and the relevant regulations has found.The new stamps indicate that some of Clinton's emails from her time as the nation's most senior diplomat are filled with a type of information the U.S. government and the department's own regulations automatically deems classified from the get-go — regardless of whether it is already marked that way or not.In the small fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing scores of individual emails, that include what the State Department's own "Classified" stamps now identify as so-called 'foreign government information.' The U.S. government defines this as any information, written or spoken, provided in confidence to U.S. officials by their foreign counterparts.
  • This sort of information, which the department says Clinton both sent and received in her emails, is the only kind that must be "presumed" classified, in part to protect national security and the integrity of diplomatic interactions, according to U.S. regulations examined by Reuters."It's born classified," said J. William Leonard, a former director of the U.S. government's Information Security Oversight Office (ISOO). Leonard was director of ISOO, part of the White House's National Archives and Records Administration, from 2002 until 2008, and worked for both the Bill Clinton and George W. Bush administrations."If a foreign minister just told the secretary of state something in confidence, by U.S. rules that is classified at the moment it's in U.S. channels and U.S. possession," he said in a telephone interview, adding that for the State Department to say otherwise was "blowing smoke."
  • Although it appears to be true for Clinton to say none of her emails included classification markings, a point she and her staff have emphasized, the government's standard nondisclosure agreement warns people authorized to handle classified information that it may not be marked that way and that it may come in oral form.The State Department disputed Reuters' analysis but declined requests to explain how it was incorrect.
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  • Clinton and her senior staff routinely sent foreign government information among themselves on unsecured networks several times a month, if the State Department's markings are correct. Within the 30 email threads reviewed by Reuters, Clinton herself sent at least 17 emails that contained this sort of information. In at least one case it was to a friend, Sidney Blumenthal, not in government. The information appears to include privately shared comments by a prime minister, several foreign ministers and a foreign spy chief, unredacted bits of the emails show. Typically, Clinton and her staff first learned the information in private meetings, telephone calls or, less often, in email exchanges with the foreign officials.
  • The findings of the Reuters review are separate from the recent analysis by the inspector general for U.S. intelligence agencies, who said last month that his office found four emails that contained classified government secrets at the time they were sent in a sample of 40 emails not yet made public.The State Department has said it does not know whether the inspector general is correct.
  • The Reuters review also found that the declassification dates the department has been marking on these emails suggest the department might believe the information was classified all along. Gerlach said this was incorrect.
  • A series of presidential executive orders has governed how officials should handle the ceaseless incoming stream of raw, usually unmarked information they acquire in their work. Since at least 2003, they have emphasized that information shared by a foreign government with an expectation or agreement of confidentiality is the only kind that is "presumed" classified.The State Department's own regulations, as laid out in the Foreign Affairs Manual, have been unequivocal since at least 1999: all department employees "must ... safeguard foreign government and NATO RESTRICTED information as U.S. Government Confidential" or higher, according to the version in force in 2009, when these particular emails were sent.
  • A spokeswoman for one of the foreign governments whose information appears in Clinton's emails said, on condition of anonymity to protect diplomatic relations, that the information was shared confidentially in 2009 with Clinton and her senior staff.If so, it appears this information should have been classified at the time and not handled on a private unsecured email network, according to government regulations.The foreign government expects all private exchanges with U.S. officials to be treated that way, the spokeswoman for the foreign government said.Leonard, the former ISOO director, said this sort of information was improperly shared by officials through insecure channels more frequently than the public may realize, although more typically within the unsecured .gov email network than on private email accounts.With few exceptions, officials are forbidden from sending classified information even via the .gov email network and must use a dedicated secure network instead. The difference in Clinton's case, Leonard said, is that so-called "spillages" of classified information within the .gov network are easier to track and contain.
Paul Merrell

From Radio to Porn, British Spies Track Web Users' Online Identities - 0 views

  • HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
  • Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.
  • The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant
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  • A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events” — a term the agency uses to refer to metadata records — with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it said would be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.”
  • A document from the GCHQ target analysis center (GTAC) shows the Black Hole repository’s structure.
  • The data is searched by GCHQ analysts in a hunt for behavior online that could be connected to terrorism or other criminal activity. But it has also served a broader and more controversial purpose — helping the agency hack into European companies’ computer networks. In the lead up to its secret mission targeting Netherlands-based Gemalto, the largest SIM card manufacturer in the world, GCHQ used MUTANT BROTH in an effort to identify the company’s employees so it could hack into their computers. The system helped the agency analyze intercepted Facebook cookies it believed were associated with Gemalto staff located at offices in France and Poland. GCHQ later successfully infiltrated Gemalto’s internal networks, stealing encryption keys produced by the company that protect the privacy of cell phone communications.
  • Similarly, MUTANT BROTH proved integral to GCHQ’s hack of Belgian telecommunications provider Belgacom. The agency entered IP addresses associated with Belgacom into MUTANT BROTH to uncover information about the company’s employees. Cookies associated with the IPs revealed the Google, Yahoo, and LinkedIn accounts of three Belgacom engineers, whose computers were then targeted by the agency and infected with malware. The hacking operation resulted in GCHQ gaining deep access into the most sensitive parts of Belgacom’s internal systems, granting British spies the ability to intercept communications passing through the company’s networks.
  • In March, a U.K. parliamentary committee published the findings of an 18-month review of GCHQ’s operations and called for an overhaul of the laws that regulate the spying. The committee raised concerns about the agency gathering what it described as “bulk personal datasets” being held about “a wide range of people.” However, it censored the section of the report describing what these “datasets” contained, despite acknowledging that they “may be highly intrusive.” The Snowden documents shine light on some of the core GCHQ bulk data-gathering programs that the committee was likely referring to — pulling back the veil of secrecy that has shielded some of the agency’s most controversial surveillance operations from public scrutiny. KARMA POLICE and MUTANT BROTH are among the key bulk collection systems. But they do not operate in isolation — and the scope of GCHQ’s spying extends far beyond them.
  • The agency operates a bewildering array of other eavesdropping systems, each serving its own specific purpose and designated a unique code name, such as: SOCIAL ANTHROPOID, which is used to analyze metadata on emails, instant messenger chats, social media connections and conversations, plus “telephony” metadata about phone calls, cell phone locations, text and multimedia messages; MEMORY HOLE, which logs queries entered into search engines and associates each search with an IP address; MARBLED GECKO, which sifts through details about searches people have entered into Google Maps and Google Earth; and INFINITE MONKEYS, which analyzes data about the usage of online bulletin boards and forums. GCHQ has other programs that it uses to analyze the content of intercepted communications, such as the full written body of emails and the audio of phone calls. One of the most important content collection capabilities is TEMPORA, which mines vast amounts of emails, instant messages, voice calls and other communications and makes them accessible through a Google-style search tool named XKEYSCORE.
  • As of September 2012, TEMPORA was collecting “more than 40 billion pieces of content a day” and it was being used to spy on people across Europe, the Middle East, and North Africa, according to a top-secret memo outlining the scope of the program. The existence of TEMPORA was first revealed by The Guardian in June 2013. To analyze all of the communications it intercepts and to build a profile of the individuals it is monitoring, GCHQ uses a variety of different tools that can pull together all of the relevant information and make it accessible through a single interface. SAMUEL PEPYS is one such tool, built by the British spies to analyze both the content and metadata of emails, browsing sessions, and instant messages as they are being intercepted in real time. One screenshot of SAMUEL PEPYS in action shows the agency using it to monitor an individual in Sweden who visited a page about GCHQ on the U.S.-based anti-secrecy website Cryptome.
  • Partly due to the U.K.’s geographic location — situated between the United States and the western edge of continental Europe — a large amount of the world’s Internet traffic passes through its territory across international data cables. In 2010, GCHQ noted that what amounted to “25 percent of all Internet traffic” was transiting the U.K. through some 1,600 different cables. The agency said that it could “survey the majority of the 1,600” and “select the most valuable to switch into our processing systems.”
  • According to Joss Wright, a research fellow at the University of Oxford’s Internet Institute, tapping into the cables allows GCHQ to monitor a large portion of foreign communications. But the cables also transport masses of wholly domestic British emails and online chats, because when anyone in the U.K. sends an email or visits a website, their computer will routinely send and receive data from servers that are located overseas. “I could send a message from my computer here [in England] to my wife’s computer in the next room and on its way it could go through the U.S., France, and other countries,” Wright says. “That’s just the way the Internet is designed.” In other words, Wright adds, that means “a lot” of British data and communications transit across international cables daily, and are liable to be swept into GCHQ’s databases.
  • A map from a classified GCHQ presentation about intercepting communications from undersea cables. GCHQ is authorized to conduct dragnet surveillance of the international data cables through so-called external warrants that are signed off by a government minister. The external warrants permit the agency to monitor communications in foreign countries as well as British citizens’ international calls and emails — for example, a call from Islamabad to London. They prohibit GCHQ from reading or listening to the content of “internal” U.K. to U.K. emails and phone calls, which are supposed to be filtered out from GCHQ’s systems if they are inadvertently intercepted unless additional authorization is granted to scrutinize them. However, the same rules do not apply to metadata. A little-known loophole in the law allows GCHQ to use external warrants to collect and analyze bulk metadata about the emails, phone calls, and Internet browsing activities of British people, citizens of closely allied countries, and others, regardless of whether the data is derived from domestic U.K. to U.K. communications and browsing sessions or otherwise. In March, the existence of this loophole was quietly acknowledged by the U.K. parliamentary committee’s surveillance review, which stated in a section of its report that “special protection and additional safeguards” did not apply to metadata swept up using external warrants and that domestic British metadata could therefore be lawfully “returned as a result of searches” conducted by GCHQ.
  • Perhaps unsurprisingly, GCHQ appears to have readily exploited this obscure legal technicality. Secret policy guidance papers issued to the agency’s analysts instruct them that they can sift through huge troves of indiscriminately collected metadata records to spy on anyone regardless of their nationality. The guidance makes clear that there is no exemption or extra privacy protection for British people or citizens from countries that are members of the Five Eyes, a surveillance alliance that the U.K. is part of alongside the U.S., Canada, Australia, and New Zealand. “If you are searching a purely Events only database such as MUTANT BROTH, the issue of location does not occur,” states one internal GCHQ policy document, which is marked with a “last modified” date of July 2012. The document adds that analysts are free to search the databases for British metadata “without further authorization” by inputing a U.K. “selector,” meaning a unique identifier such as a person’s email or IP address, username, or phone number. Authorization is “not needed for individuals in the U.K.,” another GCHQ document explains, because metadata has been judged “less intrusive than communications content.” All the spies are required to do to mine the metadata troves is write a short “justification” or “reason” for each search they conduct and then click a button on their computer screen.
  • Intelligence GCHQ collects on British persons of interest is shared with domestic security agency MI5, which usually takes the lead on spying operations within the U.K. MI5 conducts its own extensive domestic surveillance as part of a program called DIGINT (digital intelligence).
  • GCHQ’s documents suggest that it typically retains metadata for periods of between 30 days to six months. It stores the content of communications for a shorter period of time, varying between three to 30 days. The retention periods can be extended if deemed necessary for “cyber defense.” One secret policy paper dated from January 2010 lists the wide range of information the agency classes as metadata — including location data that could be used to track your movements, your email, instant messenger, and social networking “buddy lists,” logs showing who you have communicated with by phone or email, the passwords you use to access “communications services” (such as an email account), and information about websites you have viewed.
  • Records showing the full website addresses you have visited — for instance, www.gchq.gov.uk/what_we_do — are treated as content. But the first part of an address you have visited — for instance, www.gchq.gov.uk — is treated as metadata. In isolation, a single metadata record of a phone call, email, or website visit may not reveal much about a person’s private life, according to Ethan Zuckerman, director of Massachusetts Institute of Technology’s Center for Civic Media. But if accumulated and analyzed over a period of weeks or months, these details would be “extremely personal,” he told The Intercept, because they could reveal a person’s movements, habits, religious beliefs, political views, relationships, and even sexual preferences. For Zuckerman, who has studied the social and political ramifications of surveillance, the most concerning aspect of large-scale government data collection is that it can be “corrosive towards democracy” — leading to a chilling effect on freedom of expression and communication. “Once we know there’s a reasonable chance that we are being watched in one fashion or another it’s hard for that not to have a ‘panopticon effect,’” he said, “where we think and behave differently based on the assumption that people may be watching and paying attention to what we are doing.”
  • When compared to surveillance rules in place in the U.S., GCHQ notes in one document that the U.K. has “a light oversight regime.” The more lax British spying regulations are reflected in secret internal rules that highlight greater restrictions on how NSA databases can be accessed. The NSA’s troves can be searched for data on British citizens, one document states, but they cannot be mined for information about Americans or other citizens from countries in the Five Eyes alliance. No such constraints are placed on GCHQ’s own databases, which can be sifted for records on the phone calls, emails, and Internet usage of Brits, Americans, and citizens from any other country. The scope of GCHQ’s surveillance powers explain in part why Snowden told The Guardian in June 2013 that U.K. surveillance is “worse than the U.S.” In an interview with Der Spiegel in July 2013, Snowden added that British Internet cables were “radioactive” and joked: “Even the Queen’s selfies to the pool boy get logged.”
  • In recent years, the biggest barrier to GCHQ’s mass collection of data does not appear to have come in the form of legal or policy restrictions. Rather, it is the increased use of encryption technology that protects the privacy of communications that has posed the biggest potential hindrance to the agency’s activities. “The spread of encryption … threatens our ability to do effective target discovery/development,” says a top-secret report co-authored by an official from the British agency and an NSA employee in 2011. “Pertinent metadata events will be locked within the encrypted channels and difficult, if not impossible, to prise out,” the report says, adding that the agencies were working on a plan that would “(hopefully) allow our Internet Exploitation strategy to prevail.”
Paul Merrell

CIA SUCCESSFULLY CONCEALS BAY OF PIGS HISTORY - 0 views

  • May 21, 2014 – The U.S. Court of Appeals for the D.C. Circuit yesterday joined the CIA's cover-up of its Bay of Pigs disaster in 1961 by ruling that a 30-year-old volume of the CIA's draft "official history" could be withheld from the public under the "deliberative process" privilege, even though four of the five volumes have previously been released with no harm either to national security or any government deliberation. "The D.C. Circuit's decision throws a burqa over the bureaucracy," said Tom Blanton, director of the National Security Archive (www.nsarchive.org), the plaintiff in the case. "Presidents only get 12 years after they leave office to withhold their deliberations," commented Blanton, "and the Federal Reserve Board releases its verbatim transcripts after five years. But here the D.C. Circuit has given the CIA's historical office immortality for its drafts, because, as the CIA argues, those drafts might 'confuse the public.'" "Applied to the contents of the National Archives of the United States, this decision would withdraw from the shelves more than half of what's there," Blanton concluded.
  • The 2-1 decision, authored by Judge Brett Kavanaugh (a George W. Bush appointee and co-author of the Kenneth Starr report that published extensive details of the Monica Lewinsky affair), agreed with Justice Department and CIA lawyers that because the history volume was a "pre-decisional and deliberative" draft, its release would "expose an agency's decision making process in such a way as to discourage candid discussion within the agency and thereby undermine the agency's ability to perform its functions." This language refers to the fifth exemption (known as b-5) in the Freedom of Information Act. The Kavanaugh opinion received its second and majority vote from Reagan appointee Stephen F. Williams, who has senior status on the court.
  • On the 50th anniversary of the Bay of Pigs invasion in 2011, the National Security Archive's Cuba project director, Peter Kornbluh, requested, through the FOIA, the complete release of "The Official History of the Bay of Pigs Operation" — a massive, five-volume study compiled by a CIA staff historian, Jack Pfeiffer, in the 1970s and early 1980s. Volume III had already been released under the Kennedy Assassination Records Act; and a censored version of Volume IV had been declassified years earlier pursuant to a request by Pfeiffer himself. The Archive's FOIA request pried loose Volumes I and II of the draft history, along with a less-redacted version of Volume IV, but the CIA refused to release Volume V, so the Archive filed suit under FOIA in 2012, represented by the expert FOIA litigator, David Sobel. In May 2012, U.S. District Judge Gladys Kessler held that Volume V was covered by the deliberative process privilege, and refused to order any segregation of "non-deliberative" material, as required by FOIA.
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  • The Archive appealed the lower court's decision, and with representation from the distinguished firm of Skadden Arps Meagher Slate & Flom, brought the case to the D.C. Circuit, with oral argument in December 2013. The National Coalition for History, including the American Historical Association and other historical and archival professional organizations, joined the case with an amicus curiae brief authored by the Jones Day law firm arguing for release of the volume. Titled "CIA's Internal Investigation of the Bay of Pigs Operation," Volume V apparently contains Pfeiffer's aggressive defense of the CIA against a hard-hitting 1961 internal review, written by the agency's own Inspector General, which held the CIA singularly responsible for the poor assumptions, faulty planning and incompetence that led to the quick defeat of the paramilitary exile brigade by Fidel Castro's military at the Bahia de Cochinos between April 17 and April 20, 1961. The Archive obtained under FOIA and published the IG Report in 1998. The CIA has admitted in court papers that the Pfeiffer study contains "a polemic of recriminations against CIA officers who later criticized the operation," as well as against other Kennedy administration officials who Pfeiffer contended were responsible for this foreign policy disaster. In the dissenting opinion from the D.C. Circuit's 2-1 decision yesterday, Judge Judith Rogers (appointed by Bill Clinton) identified multiple contradictions in the CIA's legal arguments. Judge Rogers pointed out that the CIA had failed to justify why release of Volume V would "lead to public confusion" when CIA had already released Volumes I-IV. She noted that neither the CIA nor the majority court opinion had explained "why release of the draft of Volume V 'would expose an agency's decision making process,'" and discourage future internal deliberations within the CIA's historical office any more than release of the previous four volumes had done.
  • Prior to yesterday's decision, the Obama administration had bragged that reducing the government's invocation of the b-5 exemption was proof of the impact of the President's Day One commitment to a "presumption of disclosure." Instead, the bureaucracy has actually increased in the last two years its use of the b-5 exemption, which current White House counselor John Podesta once characterized as the "withhold if you want to" exemption. The majority opinion also left two openings for transparency advocates. It invites Congress to set a time limit for applying the b-5 exemption, as Congress has done in the Presidential Records Act. Second, it concludes that any "factual material" contained in the draft should be reachable through Freedom of Information requests.
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    "Causing public confusion" is a weak grounds for withholding government records because the agency has the option of issuing clarifying statements. Indeed, much of what government does causes public confusion. Hopefully, the Archive will pursue en banc reconsideration and/or seek Supreme Court review. 
Paul Merrell

Go West, Young Han | Pepe Escobar - 0 views

  • It’s a day that should live forever in history. On that day, in the city of Yiwu in China’s Zhejiang province, 300 kilometers south of Shanghai, the first train carrying 82 containers of export goods weighing more than 1,000 tons left a massive warehouse complex heading for Madrid. It arrived on December 9th.Welcome to the new trans-Eurasia choo-choo train.  At over 13,000 kilometers, it will regularly traverse the longest freight train route in the world, 40% farther than the legendary Trans-Siberian Railway. Its cargo will cross China from East to West, then Kazakhstan, Russia, Belarus, Poland, Germany, France, and finally Spain.You may not have the faintest idea where Yiwu is, but businessmen plying their trades across Eurasia, especially from the Arab world, are already hooked on the city “where amazing happens!” We're talking about the largest wholesale center for small-sized consumer goods -- from clothes to toys -- possibly anywhere on Earth.
  • The Yiwu-Madrid route across Eurasia represents the beginning of a set of game-changing developments. It will be an efficient logistics channel of incredible length. It will represent geopolitics with a human touch, knitting together small traders and huge markets across a vast landmass. It’s already a graphic example of Eurasian integration on the go. And most of all, it’s the first building block on China’s “New Silk Road,” conceivably the project of the new century and undoubtedly the greatest trade story in the world for the next decade.Go west, young Han. One day, if everything happens according to plan (and according to the dreams of China’s leaders), all this will be yours -- via high-speed rail, no less.  The trip from China to Europe will be a two-day affair, not the 21 days of the present moment. In fact, as that freight train left Yiwu, the D8602 bullet train was leaving Urumqi in Xinjiang Province, heading for Hami in China’s far west. That’s the first high-speed railway built in Xinjiang, and more like it will be coming soon across China at what is likely to prove dizzying speed.
  • Today, 90% of the global container trade still travels by ocean, and that’s what Beijing plans to change.  Its embryonic, still relatively slow New Silk Road represents its first breakthrough in what is bound to be an overland trans-continental container trade revolution.And with it will go a basket of future “win-win” deals, including lower transportation costs, the expansion of Chinese construction companies ever further into the Central Asian “stans,” as well as into Europe, an easier and faster way to move uranium and rare metals from Central Asia elsewhere, and the opening of myriad new markets harboring hundreds of millions of people.So if Washington is intent on “pivoting to Asia,” China has its own plan in mind.  Think of it as a pirouette to Europe across Eurasia.
Paul Merrell

U.S. Military Bans The Intercept - The Intercept - 0 views

  • A portion of an email (redacted and slightly altered to protect the source) sent to staff last week at a U.S. Marine Corps installation directing employees not to read this web site. The U.S. military is banning and blocking employees from visiting The Intercept in an apparent effort to censor news reports that contain leaked government secrets. According to multiple military sources, a notice has been circulated to units within the Army, Navy, Air Force, and Marine Corps warning staff that they are prohibited from reading stories published by The Intercept on the grounds that they may contain classified information. The ban appears to apply to all employees—including those with top-secret security clearance—and is aimed at preventing classified information from being viewed on unclassified computer networks, even if it is freely available on the internet. Similar military-wide bans have been directed against news outlets in the past after leaks of classified information.
  • A directive issued to military staff at one location last week, obtained by The Intercept, threatens that any employees caught viewing classified material in the public domain will face “long term security issues.” It suggests that the call to prohibit employees from viewing the website was made by senior officials over concerns about a “potential new leaker” of secret documents. The directive states: We have received information from our higher headquarters regarding a potential new leaker of classified information.  Although no formal validation has occurred, we thought it prudent to warn all employees and subordinate commands.  Please do not go to any website entitled “The Intercept” for it may very well contain classified material. As a reminder to all personnel who have ever signed a non-disclosure agreement, we have an ongoing responsibility to protect classified material in all of its various forms.  Viewing potentially classified material (even material already wrongfully released in the public domain) from unclassified equipment will cause you long term security issues.  This is considered a security violation.
  • A military insider subject to the ban said that several employees expressed concerns after being told by commanders that it was “illegal and a violation of national security” to read publicly available news reports on The Intercept. “Even though I have a top secret security clearance, I am still forbidden to read anything on the website,” said the source, who spoke on condition of anonymity due to the sensitivity of the subject.  “I find this very disturbing that they are threatening us and telling us what websites and news publishers we are allowed to read or not.”
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  • In an emailed statement, Defense Department spokeswoman Lt. Col. Valerie Henderson said that she had not been able to establish whether the DoD had been the source of “any guidance related to your website.” Henderson added, however, that “DoD personnel have an obligation to safeguard classified information. Classified information, whether made public by unauthorized disclosure, remains classified until declassified by an appropriate government authority. DoD is committed to preventing classified information from being introduced onto DoD’s unclassified networks.” Earlier this month, after the publication of two Intercept stories revealing classified details about the vast scope of the government’s watchlisting program, Reuters reported that “intelligence officials were preparing a criminal referral” over the leaks.
  • The ban on The Intercept appears to have come in the aftermath of those stories, representing the latest in a string of U.S. military crackdowns on news websites that have published classified material. Last year, the Army admitted that it was blocking parts of The Guardian’s website after it published secret documents from former National Security Agency contractor Edward Snowden. In 2010, WikiLeaks and several major news organizations were subject to similar measures after the publication of leaked State Department diplomatic files. Flanagan, the Marine Corps spokesman, told The Intercept that The Washington Post was also blocked by some military agencies last year after it published documents from Snowden revealing covert NSA surveillance operations. “Just because classified information is published on a public website, that doesn’t mean military people with security clearance have the ability to download it,” Flanagan said.
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    Enforced ignorance of the U.S. military. The official reason is a bucket that doesn't hold water. Despite official "classified" status, public is public. Any enemy can read it, so why should our military be barred from doing so. The real reason, I suspect, is protecting morale. 
Paul Merrell

Barrett Brown, Barack Obama, and Hugo Chavez: When Telling the Truth Becomes a Crime | ... - 0 views

  • WikiLeaks is a treasure trove of information for academic research.  Yet, in a library search that I did three days ago, in preparation for a question from my Dissertation Committee on the status of my use of WikiLeaks sources, I found that only thirty-five articles had been published in peer-reviewed academic journals.  In those articles, not a single author had referenced a single WikiLeaks document, nor did any of those articles provide a URL for any WikiLeaks document.  At the time, I concluded that the academic community was an extension of The State rather than an extension of The People with a responsibility to oversee and question the activities, policies, and behavior of The State. 
  • Then, yesterday, I received a message containing the British Broadcasting Corporation (BBC) news of the sentencing of Barrett Brown because he posted links online to the Stratfor e-mails that were posted on WikiLeaks.[1]  Brown did not hack Stratfor, but as an investigative journalist, reported on the content of the hack and provided links to his readers. There have been many news articles about the fact and the content of the Stratfor e-mails.[2]  As well, information pointing to a Federal Bureau of Investigation (FBI) informant being involved in the hacking of Stratfor, which raises a whole host of other questions about the continued unlawful conduct of the U.S. government.[3]  Despite several news articles containing sensational information on the Stratfor hack, again, a search of peer-reviewed journals that I conducted just now revealed only one article in a computer-related journal.  Therefore, whether the topic was WikiLeaks or Stratfor, the academic community is basically missing in action in examining and investigating this extremely important information.
  • A walk back in time shows the same reticence on the part of the academic community to use controversial, but declassified, government documents in its research.  In searches of the academic literature while I was studying the Counter Intelligence Program (COINTELPRO) of the FBI as a part of my Ph.D. research, I found, with a few extremely important exceptions, that the most important COINTELPRO documents remain virtually by-passed by the academic community—even to this date.  With this in mind, I really shouldn’t be surprised to see a lack of the use of WikiLeaks documents, even though the information contained could lead to critical insights on U.S. public policy.  Most importantly for those of us who expect to create change in U.S. domestic police state and foreign military policy, it is the most controversial of such documents that deserve scrutiny from not only journalists, but also from the academic community.  The operation of the Deep State is real and must be exposed if the possibility of return to Constitutional rule and the Bill of Rights is possible.  Thus, not only are the young people who broke into an FBI office and found and publicized the COINTELPRO papers heroes, so too are our modern day sunshine activists at Cryptome, Narconews, Wayne Madsen Reports, and WikiLeaks.  Whistleblowers like John Kiriakou, Chelsea Manning, Edward Snowden, and Jeffrey Sterling who are either already in jail or in exile until a new United States is created by the rest of us are modern-day profiles in courage.
Paul Merrell

As Yemen Crumbled, a Disappeared US Detainee Called Home in Fear for His Life | VICE News - 0 views

  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
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  • Mobley was shot in the leg during his abduction, and interrogated by FBI agents and representatives of the US Department of Defense while in hospital on January 30, 2010 — but never charged with terrorism. Instead, Yemeni authorities later charged him with the murder of a guard during a failed escape attempt, for which he now faces the death penalty. His lawyer was never formally notified of the charges against him.While his trial is ongoing, Mobley hasn't been seen in court since February 2014. In sporadic, frantic calls made from the cell phone of the occasional sympathetic guard, he has reportedly told his wife that he is being tortured and threatened. On his last call, two days before Yemen's president resigned, plunging the country into political chaos, Mobley once again told his wife that he fears for his life.
  • Mobley's lawyer, Cori Crider — the legal director of Reprieve, a UK-based legal aid group — told us that Islam is "really, really scared right now." "There is no trial process anymore, it hasn't happened for ages," said Crider, who hasn't been told where her client is and hasn't been able to speak with him in nearly a year. "[The US] really needs to renegotiate with what remains of the Yemeni state to get this guy deported and back to where he's gonna be safe, because he's really at risk right now."Crider and Islam said that US officials know where Mobley is — but that they won't tell them.
  • Mobley's whereabouts over the last year have not been confirmed — including by US officials who claimed to have visited him and found him "in good health and with  no major complaints," as reported by the Guardian. Mobley was believed to be in the hands of Yemen's Specialized Criminal Court — a secretive national security court known for its record of human rights abuse and targeting of political opponents and journalists.At some point last year, Mobley was believed to be detained at a Sana'a military base. A number of Sana'a's official facilities have recently passed under the control of Houthi rebels — including one seized Thursday, where US officials had previously trained Yemeni security forces on counter-terrorism tactics.
  • "They won't tell me and they won't tell his family," she added. "Even though they know, they refuse to tell us where their citizen is held at a time when the country is going into total chaos."Under America's Privacy Act, the state department cannot reveal any information related to a US citizen's "location, welfare, intentions, or problems" to anyone without that person's permission — this includes relatives and members of Congress.But Crider believes the US government may not only know where Sharif is, but she says they may also have had something to do with his disappearance.
  • US agents backed Mobley's initial arrest, Crider said, but they may have also been behind his subsequent disappearance. An unnamed Yemeni security source told NBC News that Mobley had been transferred in coordination with the US and that American officials have participated in his interrogation."We are very disturbed by recent reports that suggest that they are in some way implicated in the second disappearance," Crider said, adding that she has been fighting the government to disclose more information, including through government records requests. "If that's right, that's a problem of a totally different magnitude."
  • A State Department official told VICE News that there are no current plans for the US to directly evacuate Americans and that the US does not evacuate prisoners in a crisis situation, but declined to discuss Mobley's case, citing privacy laws. That's the same reasoning US officials have given to Crider — who has been fighting for months to find her client."I was like, guys, I'm this person's attorney," she said. "He has a right to see his legal representative — that is basic under Yemeni law just like it would be under US law. So you know where he is, you know he has a right to an attorney, what are you doing? Where is he?"
  • In previous calls to his wife, Mobley said that his captors had forced him to drink from bottles that had previously contained urine, and sprayed him with mace when he asked to speak with embassy officials. Lawyers with Reprieve said that during his detention he was beaten, chained to a bed, and dragged down the stairs.
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    The State Department's Privacy Act excuse for withholding the location of Sharif Mobley is a load of bull puckey intended for media consumption, not as a serious legal argument. The Privacy Act has an exception for just such situations: "(b) Conditions of Disclosure.- No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, *unless disclosure of the record would be-* ... (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;" 5 U.S.C. 552a(b), http://www.law.cornell.edu/uscode/text/5/552a. This is an outrageous cover-up!
Paul Merrell

U.K. file on Entebbe contains claim that Israel behind hijacking Israel News | Haaretz - 0 views

  • Newly released British documents contain a claim by an unnamed contact that the Shin Bet security service collaborated with the Popular Front for the Liberation of Palestine to hijack the June 1976 flight from Israel that was diverted to Entebbe, Uganda, the BBC reported Friday. Israel's rescue of the dozens of hostages taken in the hijacking of the Air France plane, popularly known as the Entebbe raid, is considered one of the most daring and successful operations in Israeli history. Elite Israel Defense Forces troops stormed the airport where the hostages, many of them Israeli, were held and overpowered the hijackers and Ugandan soldiers.
  • "The operation was designed to torpedo the PLO's standing in France and to prevent what they see as a growing rapprochement between the PLO and the Americans," the BBC report said British diplomat D.H. Colvin wrote in the document, citing his source. "My contact said the PFLP had attracted all sorts of wild elements, some of whom had been planted by the Israelis," Colvin reportedly wrote. "According to his information, the hijack was the work of the PFLP, with help from the Israeli Secret Service, the Shin Beit."
Gary Edwards

Great Privacy Essay: Fourth Amendment Doctrine in the Era of Total Surveillance | CIO - 0 views

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    "'Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance' is a thought-provoking essay written by a Fordham University law professor about how the reasonable expectation test for privacy is failing to protect us. Add into our networked world the third-party doctrine and we have little protection against unreasonable searches and seizures."
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    It doesn't detract substantially from the essay's central thesis, but an important part of the learned professor's heartfelt desires were delivered in a Supreme Court decision just decided, after the essay was published, Reilly v. California, http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf The Court held in relevant part: "We also reject the United States' final suggestion that officers should always be able to search a phone's call log, as they did in Wurie's case. The Government relies on Smithv. Maryland, 442 U. S. 735 (1979), which held that no warrant was required to use a pen register at telephone company premises to identify numbers dialed by a particular caller. The Court in that case, however, concluded that the use of a pen register was not a "search" at all under the Fourth Amendment. See id., at 745-746. There is no dispute here that the officers engaged in a search of Wurie's cell phone. Moreover, call logs typically contain more than just phone numbers; they include any identifying information that an individual might add, such as the label "my house" in Wurie's case." The effect there was to confine Smith v. Maryland, the foundation of the third-party doctrine, to its particular facts. In other words, the third-party doctrine is now confined to connected telephone numbers, the connect time, and the duration of the call. If any other metadata is gathered, such as location data, the third-party doctrine no longer applies. When you read the rest of the Reilly decision, you see a unanimous Supreme Court shooting down one government defense after another that have been used in the NSA's defense to mass telecommunications surveillance. But most interestingly, the Court unmistakably has laid the groundwork for a later decision drastically cutting back on digital surveillance without a search warrant based on particularized probable cause to believe that evidence of a specific crime has occurred and that the requested sear
Paul Merrell

Leaked email: Save the Children trying to "contain" damage from Tony Blair award | The ... - 0 views

  • Save the Children is trying to tamp down coverage and “contain” the damage from the award given to former UK prime minister Tony Blair by its US arm. A leaked internal email to staff from the international charity’s chief executive Jasmine Whitbread does not indicate, however, that the charity intends to withdraw the “Global Legacy Award” Blair received at a glittering New York gala on 19 November. On Tuesday, The Guardian reported that Save the Children staff were in revolt over the award. “We consider this award inappropriate and a betrayal to Save the Children’s founding principles and values,” more than 200 of the charity’s staff wrote in an internal protest letter sent to management.
  • Blair is widely reviled for his role in the 2003 US-led invasion of Iraq, which cost hundreds of thousands of lives and left the country devastated. Since stepping down as UK prime minister in 2007, Blair has become notorious for reaping millions in shady deals with shady regimes including the Egyptian dictatorship. He has also been accused of using his role as envoy for the so-called Middle East Quartet as a means to gain access to powerful people to advance his private business interests. More than 110,000 people have signed an online petition calling on Save the Children to revoke the award to Blair.
Paul Merrell

Western Spy Agencies Secretly Rely on Hackers for Intel and Expertise - The Intercept - 0 views

  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
  • By looking out for hacking conducted “both by state-sponsored and freelance hackers” and riding on the coattails of hackers, Western intelligence agencies have gathered what they regard as valuable content: Recently, Communications Security Establishment Canada (CSEC) and Menwith Hill Station (MHS) discovered and began exploiting a target-rich data set being stolen by hackers. The hackers’ sophisticated email-stealing intrusion set is known as INTOLERANT. Of the traffic observed, nearly half contains category hits because the attackers are targeting email accounts of interest to the Intelligence Community. Although a relatively new data source, [Target Offices of Primary Interest] have already written multiple reports based on INTOLERANT collect. The hackers targeted a wide range of diplomatic corps, human rights and democracy activists and even journalists: INTOLERANT traffic is very organized. Each event is labeled to identify and categorize victims. Cyber attacks commonly apply descriptors to each victim – it helps herd victims and track which attacks succeed and which fail. Victim categories make INTOLERANT interesting: A = Indian Diplomatic & Indian Navy B = Central Asian diplomatic C = Chinese Human Rights Defenders D = Tibetan Pro-Democracy Personalities E = Uighur Activists F = European Special Rep to Afghanistan and Indian photo-journalism G = Tibetan Government in Exile
  • In those cases, the NSA and its partner agencies in the United Kingdom and Canada were unable to determine the identity of the hackers who collected the data, but suspect a state sponsor “based on the level of sophistication and the victim set.” In instances where hacking may compromise data from the U.S. and U.K. governments, or their allies, notification was given to the “relevant parties.” In a separate document, GCHQ officials discuss plans to use open source discussions among hackers to improve their own knowledge. “Analysts are potentially missing out on valuable open source information relating to cyber defence because of an inability to easily keep up to date with specific blogs and Twitter sources,” according to one document. GCHQ created a program called LOVELY HORSE to monitor and index public discussion by hackers on Twitter and other social media. The Twitter accounts designated for collection in the 2012 document:
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  • Documents published with this article: LOVELY HORSE – GCHQ Wiki Overview INTOLERANT – Who Else Is Targeting Your Target? Collecting Data Stolen by Hackers – SIDtoday  HAPPY TRIGGER/LOVELY HORSE/Zool/TWO FACE – Open Source for Cyber Defence/Progress NATO Civilian Intelligence Council – Cyber Panel – US Talking Points
  • These accounts represent a cross section of the hacker community and security scene. In addition to monitoring multiple accounts affiliated with Anonymous, GCHQ monitored the tweets of Kevin Mitnick, who was sent to prison in 1999 for various computer and fraud related offenses. The U.S. Government once characterized Mitnick as one of the world’s most villainous hackers, but he has since turned security consultant and exploit broker. Among others, GCHQ monitored the tweets of reverse-engineer and Google employee, Thomas Dullien. Fellow Googler Tavis Ormandy, from Google’s vulnerability research team Project Zero, is featured on the list, along with other well known offensive security researchers, including Metasploit’s HD Moore and James Lee (aka Egypt) together with Dino Dai Zovi and Alexander Sotirov, who at the time both worked for New York-based offensive security company, Trail of Bits (Dai Zovi has since taken up a position at payment company, Square). The list also includes notable anti-forensics and operational security expert “The Grugq.” GCHQ monitored the tweets of former NSA agents Dave Aitel and Charlie Miller, and former Air Force intelligence officer Richard Bejtlich as well as French exploit vendor, VUPEN (who sold a one year subscription for its binary analysis and exploits service to the NSA in 2012).
  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
Paul Merrell

Reading the Runes in the Latest Report on Iran's Nuclear Program « LobeLog - 0 views

  • The latest report from the International Atomic Energy Agency on Iran’s nuclear program contains much that is worth emphasizing. Iran is continuing to account for all its declared nuclear material (and the agency appears to have no reason to suspect the existence of undeclared nuclear material). Iran is also continuing to comply fully with the commitments it made to the United States and others on November 24, 2013 and which it has renewed since. Much of the commentary on the report on Iran will inevitably highlight Iran’s continuing failure to resolve two concerns the IAEA raised in May 2014. I, however, am surprised, that the IAEA director general omits all mention of two Iranian attempts, since the last IAEA report in mid-November, to address those and some other allegations that the IAEA is investigating. On December 2, Reuters reported that in a statement to the IAEA Iran had rejected accusations that it was stonewalling IAEA investigations. Instead, Iran had affirmed that it had given the IAEA “pieces of evidence” indicating that documents adduced by the IAEA as reasons for concern were “full of mistakes and contain fake names with specific pronunciations which only point towards a certain IAEA member as their forger.” (The member Iran probably had in mind was Israel). Yet there is no mention whatsoever of this Iranian rebuttal in the latest report, still less any detailed IAEA rebuttal of the rebuttal. Instead, the director general resorts to an exceptionally bland (and in the circumstances misleading) phrase: “Iran has not provided any explanations that enable the Agency to clarify the two outstanding practical measures [concerns].”
  • In effect Iran is being asked to prove its innocence. But when it tries to do so, the evidence it submits is rejected out of hand because it calls into question the evidence that is being used to justify the suspicion of guilt. Is that consistent with due process? Also surprising is the omission of any mention of Iran’s offer of access to a suspected nuclear site at Marivan, reported by Reuters on December 11. A controversial annex to the IAEA’s November 2011 report referred to one member state having informed the agency that major high-explosives tests were conducted at Marivan in the first part of the last decade. Since the IAEA has not taken Iran up on the offer, it presumably believes that a visit to Marivan would serve no useful purpose. If that is the case, do they not owe it to Iran to withdraw the November 2011 charge relating to Marivan? If the agency isn’t arranging a site visit, it should explain to IAEA member states that it considers the information provided by “a member state” to have been unreliable or irrelevant.
  • raise these questions not to criticise the IAEA secretariat, which continues to do a first-class job in Iran, as professional and objective as ever. Rather, I want to offset the hue and cry that opponents of a nuclear deal will raise over the reference in the latest report to Iran’s failure to provide explanations. I’m suggesting that there is more to this than meets the eye.
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  • Turning back to the positive, Iran is continuing to allow exceptional access to centrifuge assembly workshops, centrifuge rotor production workshops, and storage facilities. This access has enabled the IAEA to conclude that centrifuge rotor manufacturing and assembly are consistent with Iran’s replacement program for failed centrifuges. In other words, Iran is not manufacturing and diverting rotors to some clandestine enrichment facility. This is highly significant. Amid the endless furor over the number of centrifuges that Iran should retain under a comprehensive agreement, the public could be forgiven for failing to appreciate that, theoretically, Iran is far more likely to “sneak out”—using a clandestine enrichment facility—than to “break out” under the eyes of IAEA inspectors, using the centrifuges it wants to retain. I inserted “theoretically” to emphasize that at this point there is no evidence that Iran intends either to break out or to sneak out. And as long as the IAEA retains access to Iran’s rotor manufacturing, assembly, and storage facilities—which it will lose if the opponents of a deal have their way—we can all feel confident of a continuing absence of intention. In essence, the latest IAEA report contains nothing that would justify the United States and its allies declining to close a deal with Iran in the course of the coming four weeks. I, for one, am rooting for their success.
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