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Paul Merrell

CURIA - Documents - 0 views

curia.europa.eu/...document.jsf

surveillance state EU Court-of-Justice data-retention data privacy

shared by Paul Merrell on 19 Jul 14 - No Cached
  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
  • Paul Merrell on 19 Jul 14
     
    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
Paul Merrell

Court Rebukes White House Over "Secret Law" - Secrecy News - 1 views

blogs.fas.org/...ppd-secret-law

Obama Obama-administration transparency government secrecy FOIA litigation

shared by Paul Merrell on 18 Dec 13 - No Cached
  • DC District Judge Ellen Segal Huvelle yesterday ordered the Obama Administration to release a copy of an unclassified presidential directive, and she said the attempt to withhold it represented an improper exercise of “secret law.” The Obama White House has a “limitless” view of its authority to withhold presidential communications from the public, she wrote, but that view is wrong. “The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight– to engage in what is in effect governance by ‘secret law’,” Judge Huvelle wrote in her December 17 opinion. “The Court finds equally troubling the government’s complementary suggestion that ‘effective’ governance requires that a President’s substantive and non-classified directives to Executive Branch agencies remain concealed from public scrutiny,” she wrote.
  • The directive in question, Presidential Policy Directive (PPD) 6, “is a widely-publicized, non-classified Presidential Policy Directive on issues of foreign aid and development that has been distributed broadly within the Executive Branch and used by recipient agencies to guide decision-making,” the Judge noted. “Even though issued as a directive, the PPD-6 carries the force of law as policy guidance to be implemented by recipient agencies, and it is the functional equivalent of an Executive Order.” “Never before has a court had to consider whether the [presidential communications] privilege protects from disclosure under FOIA a final, non-classified, presidential directive.”
  • Several significant points emerge from this episode. First, President Obama’s declared commitment to “creating an unprecedented level of openness in Government” has not been internalized even by the President’s own staff. This latest case of “unbounded” secrecy cannot be blamed on the CIA or an overzealous Justice Department attorney. It is entirely an Obama White House production, based on a White House policy choice. Second, and relatedly, it has proved to be an error to expect the executive branch to unilaterally impose transparency on itself. To do so is to ignore, or to wish away, the Administration’s own conflicting interests in secrecy and disclosure.  Instead, it is the role of the other branches of government to check the executive and to compel appropriate disclosure.
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  • Significantly, Judge Huvelle insisted on examining the document herself in camera instead of simply relying on the Administration’s characterization of the document.  Having done so, she found that it “is not ‘revelatory of the President’s deliberations’ such that its public disclosure would undermine future decision-making.” She criticized the government for “the unbounded nature” of its claim. “In the government’s view, it can shield from disclosure under FOIA any presidential communication, even those — like the PPD-6 — that carry the force of law, simply because the communication originated with the President…. The Court rejects the government’s limitless approach….”
  • An official Fact Sheet on PPD-6 (which has not yet been released) is available here. The Electronic Privacy Information Center is currently pursuing release of another presidential directive, the Bush Administration’s NSPD-54 on cyber security. In October, Judge Beryl Howell unexpectedly ruled that that directive was exempt from disclosure because, she said, it was not an “agency record” that would be subject to the FOIA.  Her opinion came as a surprise and was not persuasive to everyone. In a footnote in yesterday’s ruling, Judge Huvelle said that the arguments over the two directives were sufficiently distinguishable that “this Court need not decide if it will follow Judge Howell’s rationale”– suggesting that if pressed, she might not have done so.  Yesterday, EPIC filed a notice of its intent to appeal the decision.
  • DC District Judge Ellen Segal Huvelle yesterday ordered the Obama Administration to release a copy of an unclassified presidential directive, and she said the attempt to withhold it represented an improper exercise of “secret law.” The Obama White House has a “limitless” view of its authority to withhold presidential communications from the public, she wrote, but that view is wrong. “The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight– to engage in what is in effect governance by ‘secret law’,” Judge Huvelle wrote in her December 17 opinion. “The Court finds equally troubling the government’s complementary suggestion that ‘effective’ governance requires that a President’s substantive and non-classified directives to Executive Branch agencies remain concealed from public scrutiny,” she wrote.
  • Paul Merrell on 18 Dec 13
     
    Outrageous. I read the court's opinion. This happened only because: [i] federal judges are reluctant to impose sanctions on government attorneys; and [ii] government attorneys know that. In all my years of legal practice, I read only one court opinion where an assistant U.S. attorney was sanctioned and instead of the normal sanction of paying the other side's attorney fees and expenses of litigation, the judge just awarded a $500 sanction. That is also why litigating against the Feds is such a chore; you spend half your time shooting down blatantly implausible arguments. That's far less of a problem when facing attorneys who are in private practice. But so much for Obama's "transparency" platform; this was the result of the Obama Administration itself asserting a preposterous privilege claim supported only by ridiculous arguments, no more than a delaying action.  
Paul Merrell

"De-Dollarization" Continues - China Starts Direct Trade With UK | Zero Hedge - 0 views

www.zerohedge.com/...s-china-starts-direct-trade-uk

de-dollarization China renminbi British-pound banksters Fed economic-warfare

shared by Paul Merrell on 22 Jun 14 - No Cached
  • Following the initial de-dollarization meeting, there has been a slew of anti-dollar moves around the world (including Gazprom's shift of 90% of its clients to non-dollar payments). However, on the heels of the "anti-dollar alliance" discussions yesterday, DW reports that China would start direct trade between the renminbi and the British pound on Thursday. China's Foreign Exchange Trade System (CFETS) confirmed Sterling and yuan would be directly swapped without using the US dollar as an intermediary.   Via DW, China's Foreign Exchange Trade System (CFETS) said Wednesday the Asian nation would start direct trade between the renminbi and the British pound on Thursday.   Sterling and yuan would be directly swapped without using the US dollar as an intermediary, the trade platform noted.   "The move will promote the bilateral trade and investment between China and the United Kingdom and facilitate the use of renminbi and pound in the cross-border trade settlement," CFETS commented.
  • Paul Merrell on 22 Jun 14
     
    "Following the initial de-dollarization meeting, there has been a slew of anti-dollar moves around the world (including Gazprom's shift of 90% of its clients to non-dollar payments). However, on the heels of the "anti-dollar alliance" discussions yesterday, DW reports that China would start direct trade between the renminbi and the British pound on Thursday. China's Foreign Exchange Trade System (CFETS) confirmed Sterling and yuan would be directly swapped without using the US dollar as an intermediary.   Via DW, China's Foreign Exchange Trade System (CFETS) said Wednesday the Asian nation would start direct trade between the renminbi and the British pound on Thursday.   Sterling and yuan would be directly swapped without using the US dollar as an intermediary, the trade platform noted.   "The move will promote the bilateral trade and investment between China and the United Kingdom and facilitate the use of renminbi and pound in the cross-border trade settlement," CFETS commented.   China has long had direct currency trade with the US and has recently added Japan's yen, the Australian, New Zealand and Canadian dollars, Russia's ruble and the Malaysian ringgit to its options.   Wednesday's announcement came during a visit to the UK by China's Prime Minister Li Keqiang and after the signing of various bilateral business contracts.   Britain for its part has been looking to make London a European hub for overseas yuan trading in competition with Frankfurt and Paris. China's central bank announced Wednesday that a subsidiary of China Construction Bank had been chosen to undertake yuan clearing business in London. Still - there's always Iraq to trade USDs with..."
Paul Merrell

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

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

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

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

Obama orders US to draw up overseas target list for cyber-attacks | World news | thegua... - 0 views

www.theguardian.com/...a-china-targets-cyber-overseas

war & peace cyberwar U.S. Obama directive

shared by Paul Merrell on 15 Feb 14 - No Cached
  • Top-secret directive steps up offensive cyber capabilities to 'advance US objectives around the world'• Read the secret presidential directive here
  • Top-secret directive steps up offensive cyber capabilities to 'advance US objectives around the world'• Read the secret presidential directive here
  • Barack Obama has ordered his senior national security and intelligence officials to draw up a list of potential overseas targets for US cyber-attacks, a top secret presidential directive obtained by the Guardian reveals.The 18-page Presidential Policy Directive 20, issued in October last year but never published, states that what it calls Offensive Cyber Effects Operations (OCEO) "can offer unique and unconventional capabilities to advance US national objectives around the world with little or no warning to the adversary or target and with potential effects ranging from subtle to severely damaging".It says the government will "identify potential targets of national importance where OCEO can offer a favorable balance of effectiveness and risk as compared with other instruments of national power".The directive also contemplates the possible use of cyber actions inside the US, though it specifies that no such domestic operations can be conducted without the prior order of the president, except in cases of emergency.
Gary Edwards

The Daily Bell - Occupy Wall Street Demands Global UN Tax and Worldwide G20 Protest - 0 views

www.thedailybell.com/...-Tax-and-Worldwide-G20-Protest

Banksters OWS

shared by Gary Edwards on 25 Oct 11 - No Cached
  • Gary Edwards on 25 Oct 11
     
    Occupy's busting out on a new path ... So Adbusters is asking people all around the world to march on Oct. 29. "We want to send a clear message that we the people want to slow down this global casino." And Adbusters does have one specific demand, a 1 percent tax on financial-sector transactions (perhaps stocks, bonds, foreign-currency trades and derivatives). Some form of that idea, known as the "Robin Hood" tax, has been around for a while and might actually fly. - Jerry Large/Seattle Times Dominant Social Theme: We want justice for the world and the UN will give it to us. Free-Market Analysis: Kalle Lasn, founder of Adbusters magazine, based in Vancouver, B.C. - the magazine that issued the call for the initial Occupy Wall Street protests - has called on people to protest the upcoming G20 while demanding a one-percent tax on financial transactions. The revenue raised would be enormous and the lingering question is where this incredible revenue stream would be directed. The answer is obvious to those who follow what we call "directed history." The intention is likely to fund the UN as part of a final push to rationalize and perfect the initial stages of true world government. As we have written before, the movement toward world government is happening very quickly now. The ramifications are enormous and people who write off these protests as spontaneous and short-lived are not grasping what is taking place, in our humble opinion. The financial sales tax has been around for a very long time but has found its most recent voice in a column by Jerry Large of the Seattle Times. He recently gained an exclusive interview with Kalle Lasn, who sounds as if he hopes that a large protest on Oct 29th will mark the beginning of a push for such a tax. What's going on is pure one-worldism, an OWS ideology that is gradually revealing itself in dribs and drabs. It is one reason that that the OWS leaders have made no specific demands. They have hoped to create a momentu
Paul Merrell

Inside the Ring: Directive outlines Obama's plan to use the military against citizens -... - 0 views

www.washingtontimes.com/...ctive-outlines-obamas-policy-t

Obama martial-law

shared by Paul Merrell on 02 Jun 14 - No Cached
  • A 2010 Pentagon directive on military support to civilian authorities details what critics say is a troubling policy that envisions the Obama administration’s potential use of military force against Americans.
  • The troubling aspect of the directive outlines presidential authority for the use of military arms and forces, including unarmed drones, in operations against domestic unrest.“This appears to be the latest step in the administration’s decision to use force within the United States against its citizens,” said a defense official opposed to the directive.Directive No. 3025.18, “Defense Support of Civil Authorities,” was issued Dec. 29, 2010, and states that U.S. commanders “are provided emergency authority under this directive.”
  • The directive was signed by then-Deputy Defense Secretary William J. Lynn. A copy can be found on the Pentagon website: http://www.dtic.mil/whs/directives/corres/pdf/302518p.pdf.
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  • Defense analysts say there has been a buildup of military units within non-security-related federal agencies, notably the creation of Special Weapons and Tactics (SWAT) teams. The buildup has raised questions about whether the Obama administration is undermining civil liberties under the guise of counterterrorism and counternarcotics efforts.Other agencies with SWAT teams reportedly include the Department of Agriculture, the Railroad Retirement Board, the Tennessee Valley Authority, the Office of Personnel Management, the Consumer Product Safety Commission, the U.S. Fish and Wildlife Service and the Education Department.The militarization of federal agencies, under little-known statues that permit deputization of security officials, comes as the White House has launched verbal attacks on private citizens’ ownership of firearms despite the fact that most gun owners are law-abiding citizens.A White House National Security Council spokeswoman declined to comment.
Paul Merrell

European ISPs Can Stop Logging User Data, Court Rules | TorrentFreak - 0 views

torrentfreak.com/ata-retention-directive-140408

surveillance state EU litigation data-retention

shared by Paul Merrell on 06 May 14 - No Cached
  • The European Court of Justice has overturned Europe's data retention directive, arguing that it's disproportionate and a violation of people's privacy. The decision has far-reaching consequences for the collection of data from European internet users, including their IP-addresses.
  • In a landmark ruling, the European Court of Justice has declared Europe’s Data Retention directive to be a violation of Internet users’ privacy. Under the Directive Internet providers and other telecom companies were required to log and store vast amounts of information, including who their subscribers communicate with, and what IP-addresses they use. The local authorities could then use this information to fight serious crimes, but it was also been frequently used by third parties, in online piracy cases for example. Today the Court ruled that the data collection requirements are disproportionate. In a case started by Digital Rights Ireland the Court effectively annulled the directive, and it’s now up to the individual member states to change local laws accordingly.
  • “The Court is of the opinion that, by adopting the Data Retention Directive, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality,” the Court states. “By requiring the retention of those data and by allowing the competent national authorities to access those data, the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data,” it adds. The judgement has far-reaching implications for large telecom companies, but also for smaller businesses including many VPN providers. With the new ruling these companies are no longer required to log extensive amount of user data as was required under the EU Directive.
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  • The European Court of Justice judgement is a clear victory for privacy activists, but mostly for the public who will regain some of their online privacy. While the ruling specified that some data retention may be needed, broad and mandatory retention laws and NSA-style data dragnets are no longer the standard.
Paul Merrell

Dangerous Crossroads: US-NATO To Deploy Ground Troops, Conduct Large Scale Naval Exerci... - 0 views

www.globalresearch.ca/...5397415

war & peace Russia NATO WWIII Pivot-to-the-East

shared by Paul Merrell on 26 Aug 14 - No Cached
  • The World is at a dangerous Crossroads. The Western military alliance is in an advanced state of readiness. And so is Russia. Russia is heralded as the “Aggressor”. US-NATO military confrontation with Russia is contemplated. Enabling legislation in the US Senate under “The Russian Aggression Prevention Act” (RAPA) has “set the US on a path towards direct military conflict with Russia in Ukraine.”  Any US-Russian war is likely to quickly escalate into a nuclear war, since neither the US nor Russia would be willing to admit defeat, both have many thousands of nuclear weapons ready for instant use, and both rely upon Counterforce military doctrine that tasks their military, in the event of war, to preemptively destroy the nuclear forces of the enemy. (See Steven Starr, Global Research, August 22, 2014) The Russian Aggression Prevention Act (RAPA) is the culmination of more than twenty years of US-NATO war preparations, which consist in the military encirclement of both Russia and China:
  • On July 24, in consultation with the Pentagon, NATO’s Europe commander General Philip Breedlove called for “stockpiling a base in Poland with enough weapons, ammunition and other supplies to support a rapid deployment of thousands of troops against Russia”.(RT, July 24, 2014). According to General Breedlove, NATO needs “pre-positioned supplies, pre-positioned capabilities and a basing area ready to rapidly accept follow-on forces”: “He plans to recommend placing supplies — weapons, ammunition and ration packs — at the headquarters to enable a sudden influx of thousands of Nato troops” (Times, August 22, 2014, emphasis added) Breedlove’s “Blitzkrieg scenario” is to be presented at NATO’s summit in Wales in early September, according to The London Times.  It is a “copy and paste” text broadly consistent with the  Russian Aggression Prevention Act (RAPA) which directs President Obama to:
  • “(1) implement a plan for increasing U.S. and NATO support for the armed forces of Poland, Estonia, Lithuania, and Latvia, and other NATO member-states; and (2) direct the U.S. Permanent Representative to NATO to seek consideration for permanently basing NATO forces in such countries.” (S.2277 — 113th Congress (2013-2014)) More generally, a scenario of military escalation prevails with both sides involved in extensive war games. In turn, the structure of US sponsored military alliances plays a crucial role in war planning. We are dealing with a formidable military force involving a global alliance of 28 NATO member states. In turn, the US as well as NATO have established beyond the “Atlantic Region” a network of bilateral military alliances with “partner” countries directed against Russia, China, Iran and North Korea.
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  • t is worth noting that FLEETEX is one among several US-NATO naval war games directed against an unnamed enemy. In July, NATO conducted naval exercises in the Black sea, in an area contiguous to Russia’s maritime borders.
  • NATO’s “Breeze” formally hosted by Bulgaria took place from July 4 to July 13, with the participation of naval vessels from Greece, Italy, Romania, Turkey, the U.K. and the U.S. The underlying scenario was the “”destruction of enemy ships in the sea and organization of air defense of naval groups and coastal infrastructure.” The exercises were “aimed at improving the tactical compatibility and collaboration among naval forces of the alliance’s member states…” (See Atlantic Council , see also Russia, U.S. ships sail in competing Black Sea exercises, July 7, Navy Times 2014) Ironically, NATO’s July Black Sea games started on exactly the same day as those of the “unnamed enemy”[Russia], involving its Crimea Black sea fleet of some 20 war ships and aircraft:
  • Russia has made it clear they don’t welcome NATO’s presence in the Black Sea. Russia’s navy let it be known that it is following the exercises with reconnaissance aircraft and surveillance ships. “The aviation of the Black Sea Fleet is paying special attention to the missile cruiser USS Vella Gulf which, though not formally the flagship of the ‘Breeze’ exercises, effectively is leading them,” a Russian naval source told NTV. (Ibid)
  • Since 2006, the US has been building up its weapons arsenal in Poland on Russia’s Western border (Kalingrad). The deployment of US forces in Poland was initiated  in July 2010 (within 40 miles from the border), with a view to training Polish forces in the use of US made Patriot missiles. (Stars and Stripes, 23 July 2010). In recent developments, the Pentagon announced in early August the deployment of US troops and National Guard forces to Ukraine as part of a military training operation. US-NATO is also planning further deployments of ground forces (as described by NATO General Breedlove) in Poland, Latvia, Estonia and Lithuania as well as in Georgia and Azerbaijan on Russia’s southern border. These deployments which are envisaged in the draft text of the “Russian Aggression Prevention Act” (RAPA) (S.2277 — 113th Congress (2013-2014)) are also part of a NATO “defensive” strategy in the case of a “Russian invasion”: Russia’s annexation of Crimea and the conflict in eastern Ukraine have alarmed Latvia, Estonia and Lithuania – like Ukraine, former Soviet republics with Russian-speaking minorities. NATO’s 28 leaders are expected to discuss plans to reassure Poland and the Baltics at a summit in Wales on Sept. 4-5.
  • Deployment on Russia’s Southern border is to be coordinated under a three country agreement signed on August 22, 2014 by Turkey, Georgia and Azerbaijan: Following the trilateral meeting of Azerbaijani, Turkish and Georgian defense ministers, Tbilisi announced that the three countries are interested in working out a plan to strengthen the defense capability. “The representatives of the governments of these three countries start to think about working out a plan to strengthen the defense capability,” Alasania said, adding that this is in the interests of Europe and NATO.“Because, this transit route [Baku-Tbilisi-Kars] is used to transport the alliance’s cargo to Afghanistan,” he said. Alasania also noted that these actions are not directed against anyone. (See Azeri News, August 22, 2014, emphasis added)
  • In the Far-east, Russia’s borders are also threatened by Obama’s “Pivot to Asia”. The “Pivot to Asia” from a military standpoint consists in extending US military deployments in the Asia-Pacific as well as harnessing the participation of Washington’s allies in the region, including Japan, South Korea and Australia. These countries have signed bilateral military cooperation agreements with Washington. As US allies, they are slated to be involved in Pentagon war plans directed against Russia, China and North Korea: Japan and South Korea are also both part of a grand U.S. military project involving the global stationing of missile systems and rapid military forces, as envisioned during the Reagan Administration. (Mahdi Darius Nazemroaya, Global Military Alliance: Encircling Russia and China, Global Research, October 5, 2007) This Pentagon strategy of military encirclement requires both centralized military decision making (Pentagon, USSTRATCOM) as well coordination with NATO and the various US regional commands.
  • On August 12, the US and Australia signed a military agreement allowing for the deployment of US troops in Australia. This agreement is part of Obama’s Pivot to Asia: The U.S. and Australia signed an agreement Tuesday [August 12] that will allow the two countries’ militaries to train and work better together as U.S. Marines and airmen deploy in and out of the country. “This long-term agreement will broaden and deepen our alliance’s contributions to regional security,” U.S. Defense Secretary Chuck Hagel said Tuesday. He described the U.S.-Australia alliance as the “bedrock” for stability in the Asia-Pacific region.
  • Ironically, coinciding with the announcement of the US-Australia agreement (August 12), Moscow announced that it would be conducting naval exercises in the Kuril Islands of the Pacific Ocean (which are claimed by Japan): “Exercises began involving military units in the region, which have been deployed to the Kuril Islands,” Colonel Alexander Gordeyev, a spokesman for Russia’s Eastern Military District, told news agency Interfax. (Moscow Times, August 12, 2014)
  • While this renewed East-West confrontation has mistakenly been labelled a “New Cold War”, none of the safeguards of The Cold War era prevail. International diplomacy has collapsed. Russia has been excluded from the Group of Eight (G-8), which has reverted to the G-7 (Group of Seven Nations). There is no “Cold War East-West dialogue” between competing superpowers geared towards avoiding military confrontation. In turn, the United Nations Security Council has become a de facto mouthpiece of the U.S. State Department. US-NATO will not, however, be able to win a conventional war against Russia, with the danger that military confrontation will lead to a nuclear war. In the post-Cold war era, however, nuclear weapons are no longer considered as a  “weapon of last resort” under the Cold War doctrine of “Mutual Assured Destruction” (MAD).  Quite the opposite. nuclear weapons are heralded by the Pentagon as “harmless to the surrounding civilian population because the explosion is underground”. In 2002, the U.S. Senate gave the green light for the use of nuclear weapons in the conventional war theater.  Nukes are part of the “military toolbox” to be used alongside conventional weapons.
  • When war becomes peace, the world is turned upside down.  In a bitter irony, nukes are now upheld by Washington as “instruments of peace”. In addition to nuclear weapons, the use of chemical weapons is also envisaged. Methods of non-conventional warfare are also contemplated by US-NATO including financial warfare, trade sanctions, covert ops, cyberwarfare, geoengineering and environmental modification technologies (ENMOD). But Russia also has  extensive capabilities in these areas.
  • The timeline towards war with Russia has been set. The Wales NATO venue on September 4-5, 2014 is of crucial importance. What we are dealing with is a World War III Scenario, which is the object of the Wales NATO Summit, hosted by Britain’s Prime Minister David Cameron. The agenda of this meeting has already been set by Washington, NATO and the British government. It requires, according to PM David Cameron in a letter addressed to heads of State and heads of government of NATO member states ahead of the Summit that: “Leaders [of NATO countries] must review NATO’s long term relationship with Russia at the summit in response to Russia’s illegal actions in Ukraine. And the PM wants to use the summit to agree how NATO will sustain a robust presence in Eastern Europe in the coming months to provide reassurance to allies there, building on work already underway in NATO.” (See PM writes to NATO leaders ahead of NATO Summit Wales 2014)
Paul Merrell

Israel Retaliates over EU's Directive on Labeling Goods from Occupied Arab Territories ... - 0 views

nsnbc.me/...from-occupied-arab-territories

war & peace Israel colonies EU labeling

shared by Paul Merrell on 04 Dec 15 - No Cached
  • The administration of Israeli Prime Minister Benjamin Netanyahu responded to the recently adopted EU directive on labeling goods from occupied Arab territories by suspending the Israeli – European Union dialog over the Israeli – Palestinian peace process. 
  • In November the EU adopted a directive that prescribes the labeling of Israeli products and goods from Israeli occupied Arab territories, which are, occupied territories in the Palestinian West Bank, East Jerusalem, the Israeli occupied Syrian Golan Heights, and the Israeli occupied Lebanese Sheba Farm area. The EU stressed that the adoption of the directive was not a hostile act against Israel. Instead, noted the EU, the directive aimed at providing consumers correct information about the origin of goods.
  • Prime Minister Netanyahu’s Cabinet plans reportedly to implement additional measures against six specific countries, which are Belgium, France, Ireland, Luxemburg, Malta and Sweden. The measures are likely to include the suspension of cooperation with regard to rehabilitation projects in the Palestinian Gaza Strip and projects aimed at strengthening the Palestinian Authority (PA).
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  • On Wednesday, December 2, the Speaker of the Israeli Parliament (Knesset), Yuli Edelstein commented on the EU directive during a special session of the German Bundestags (Parliamentary) Committee on Foreign Affairs and the Defense Committee. Edelstein denounced the EU directive as “unfortunate” and complained that the EU provides fertile ground for the international Boycott Divestment Sanctions (BDS) campaign. Edelstein especially denounced measures such as economic and academic boycotts as “improper”. Israel has occupied large swaps of the Palestinian West Bank, East Jerusalem, the Syrian Golan Heights and the Lebanese Sheba Farm Area since the 1967 “six days war”. Israel continues the occupation in defiance of multiple UN resolutions as well as international and humanitarian law. Israel has officially stated that it plans to permanently annex the Syrian Golan Heights. Foreign Minister Avigdor Lieberman, for example, stated that Israel and the Golan are part and parcel, and that the international community should accept the annexation as a fact. It is noteworthy that there has been a discovery of major Syrian oil resources in the Golan Heights. Entrepreneurs with vested interests include the US-based Genie Energy. Members of the “think tank” are, among others, Dick Cheney, James Woolsey, Bill Richardson, Jacob Lord Rothschild, Rupert Murdoch, Larry Summers and Michael Steinhardt who all are members of the Strategic Advisory Board of a Newark, New Jersey-based oil and gas group with the name, Genie Energy.
  • Late November, Israeli Prime Minister Benjamin Netanyahu stated that Israel would not concede one meter of the occupied Palestinian West Bank’s Area C. Israel is providing support for the Syrian Al-Qaeda franchise Jabhat al-Nusrah and other jihadist mercenary forces via the occupied Syrian Golan Heights. Al-Nusrah insurgents are also known for using the Israeli occupied Lebanese Sheba Farms area to infiltrate into Lebanon, and especially Lebanon’s Bekaa Valley.
Paul Merrell

EU high court strikes down metadata collection law | Ars Technica - 0 views

arstechnica.com/...s-down-metadata-collection-law

surveillance state E.U. law data-retention digital-privacy litigation

shared by Paul Merrell on 09 Apr 14 - No Cached
  • While the United States continues to debate metadata collection conducted in secret by the National Security Agency, the European Union has been openly collecting the same sort of data for eight years. In the wake of terrorist attacks in Madrid (2004) and London (2005), the European Union passed a directive in 2006 requiring that all telecommunications providers retain all kinds of telephone and Internet metadata for at least six months and provide it to law enforcement upon request. According to a ruling handed down Tuesday by the European Court of Justice, that directive is now invalid. The case was brought by activists at Digital Rights Ireland and the Austrian Working Group on Data Retention. The two organizations had challenged the law as it had been imposed in their respective countries.
  • While the United States continues to debate metadata collection conducted in secret by the National Security Agency, the European Union has been openly collecting the same sort of data for eight years. In the wake of terrorist attacks in Madrid (2004) and London (2005), the European Union passed a directive in 2006 requiring that all telecommunications providers retain all kinds of telephone and Internet metadata for at least six months and provide it to law enforcement upon request. According to a ruling handed down Tuesday by the European Court of Justice, that directive is now invalid. The case was brought by activists at Digital Rights Ireland and the Austrian Working Group on Data Retention. The two organizations had challenged the law as it had been imposed in their respective countries.
  • The European judges concluded: The Court takes the view that, by requiring the retention of those data and by allowing the competent national authorities to access those data, the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data. Furthermore, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the persons concerned a feeling that their private lives are the subject of constant surveillance. . . . Although the retention of data required by the directive may be considered to be appropriate for attaining the objective pursued by it, the wide-ranging and particularly serious interference of the directive with the fundamental rights at issue is not sufficiently circumscribed to ensure that that interference is actually limited to what is strictly necessary.
Gary Edwards

Google: Applied Research Associates - Directed Energy and 911 - 0 views

www.google.com/cse

911 Directed-Energy Tesla The-Sullivan-Effect Dr-Judy-Wood Applied-Research-Associates

shared by Gary Edwards on 13 Sep 14 - No Cached
  • Gary Edwards on 13 Sep 14
     
    Forensic engineer and scientis Dr Judy Wood argues that the evidence of the 911 building collapse points to a directed energy source capable of turning the buildings to dust. Not thermal or heat. Not a thermal explosive style controlled demolition. Nor was it a structural collapse from the impact of the planes. Dr Wood rules out the official story and let's the facts speak for themselves and the facts point directly at Applied Research Associates, and Directed Energy Weapons having been used on 911 to bring down several buildings. What an incredible story. There is an interview of Dr Judy Wood on CoasttoCoastAM.com. If you want to listen, leave me a note and I will send the link. If you have note heard this woman speak, or read her book, "What happened to the Buildings on 911?", you are in for one special, eye opening treat.
Paul Merrell

US-Saudi Blitz into Yemen: Naked Aggression, Absolute Desperation | Global Research - C... - 0 views

www.globalresearch.ca/...5439141

war & peace Yemen Houthi Saudis invasion U.S.-foreign-policy terrorists™

shared by Paul Merrell on 29 Mar 15 - No Cached
  • The “proxy war” model the US has been employing throughout the Middle East, Eastern Europe, and even in parts of Asia appears to have failed yet again, this time in the Persian Gulf state of Yemen. Overcoming the US-Saudi backed regime in Yemen, and a coalition of sectarian extremists including Al Qaeda and its rebrand, the “Islamic State,” pro-Iranian Yemeni Houthi militias have turned the tide against American “soft power” and has necessitated a more direct military intervention. While US military forces themselves are not involved allegedly, Saudi warplanes and a possible ground force are. Though Saudi Arabia claims “10 countries” have joined its coalition to intervene in Yemen, like the US invasion and occupation of Iraq hid behind a “coalition,” it is overwhelmingly a Saudi operation with “coalition partners” added in a vain attempt to generate diplomatic legitimacy. The New York Times, even in the title of its report, “Saudi Arabia Begins Air Assault in Yemen,” seems not to notice these “10” other countries. It reports:
  • Saudi Arabia announced on Wednesday night that it had launched a military campaign in Yemen, the beginning of what a Saudi official said was an offensive to restore a Yemeni government that had collapsed after rebel forces took control of large swaths of the country.  The air campaign began as the internal conflict in Yemen showed signs of degenerating into a proxy war between regional powers. The Saudi announcement came during a rare news conference in Washington by Adel al-Jubeir, the kingdom’s ambassador to the United States.
  • Indeed, the conflict in Yemen is a proxy war. Not between Iran and Saudi Arabia per say, but between Iran and the United States, with the United States electing Saudi Arabia as its unfortunate stand-in. Iran’s interest in Yemen serves as a direct result of the US-engineered “Arab Spring” and attempts to overturn the political order of North Africa and the Middle East to create a unified sectarian front against Iran for the purpose of a direct conflict with Tehran. The war raging in Syria is one part of this greater geopolitical conspiracy, aimed at overturning one of Iran’s most important regional allies, cutting the bridge between it and another important ally, Hezbollah in Lebanon. And while Iran’s interest in Yemen is currently portrayed as yet another example of Iranian aggression, indicative of its inability to live in peace with its neighbors, US policymakers themselves have long ago already noted that Iran’s influence throughout the region, including backing armed groups, serves a solely defensive purpose, acknowledging the West and its regional allies’ attempts to encircle, subvert, and overturn Iran’s current political order.
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  • The unelected hereditary regime ruling over Saudi Arabia, a nation notorious for egregious human rights abuses, and a land utterly devoid of even a semblance of what is referred to as “human rights,” is now posing as arbiter of which government in neighboring Yemen is “legitimate” and which is not, to the extent of which it is prepared to use military force to restore the former over the latter. The United States providing support for the Saudi regime is designed to lend legitimacy to what would otherwise be a difficult narrative to sell. However, the United States itself has suffered from an increasing deficit in its own legitimacy and moral authority. Most ironic of all, US and Saudi-backed sectarian extremists, including Al Qaeda in Yemen, had served as proxy forces meant to keep Houthi militias in check by proxy so the need for a direct military intervention such as the one now unfolding would not be necessary. This means that Saudi Arabia and the US are intervening in Yemen only after the terrorists they were supporting were overwhelmed and the regime they were propping up collapsed. In reality, Saudi Arabia’s and the United States’ rhetoric aside, a brutal regional regime meddled in Yemen and lost, and now the aspiring global hemegon sponsoring it from abroad has ordered it to intervene directly and clean up its mess.
  • The aerial assault on Yemen is meant to impress upon onlookers Saudi military might. A ground contingent might also attempt to quickly sweep in and panic Houthi fighters into folding. Barring a quick victory built on psychologically overwhelming Houthi fighters, Saudi Arabia risks enveloping itself in a conflict that could easily escape out from under the military machine the US has built for it. It is too early to tell how the military operation will play out and how far the Saudis and their US sponsors will go to reassert themselves over Yemen. However, that the Houthis have outmatched combined US-Saudi proxy forces right on Riyadh’s doorstep indicates an operational capacity that may not only survive the current Saudi assault, but be strengthened by it. Reports that Houthi fighters have employed captured Yemeni warplanes further bolsters this notion – revealing tactical, operational, and strategic sophistication that may well know how to weather whatever the Saudis have to throw at it, and come back stronger.
  • What may result is a conflict that spills over Yemen’s borders and into Saudi Arabia proper. Whatever dark secrets the Western media’s decades of self-censorship regarding the true sociopolitical nature of Saudi Arabia will become apparent when the people of the Arabian peninsula must choose to risk their lives fighting for a Western client regime, or take a piece of the peninsula for themselves. Additionally, a transfer of resources and fighters arrayed under the flag of the so-called “Islamic State” and Al Qaeda from Syria to the Arabian Peninsula will further indicate that the US and its regional allies have been behind the chaos and atrocities carried out in the Levant for the past 4 years. Such revelations will only further undermine the moral imperative of the West and its regional allies, which in turn will further sabotage their efforts to rally support for an increasingly desperate battle they themselves conspired to start.
  • the Yemeni people are not being allowed to determine their own affairs. Everything up to and including military invasion has been reserved specifically to ensure that the people of Yemen do not determine things for themselves, clearly, because it does not suit US interests. Such naked hypocrisy will be duly noted by the global public and across diplomatic circles. The West’s inability to maintain a cohesive narrative is a growing sign of weakness. Shareholders in the global enterprise the West is engaged in may see such weakness as a cause to divest – or at the very least – a cause to diversify toward other enterprises. Such enterprises may include Russia and China’s mulipolar world. The vanishing of Western global hegemony will be done in destructive conflict waged in desperation and spite. Today, that desperation and spite befalls Yemen.
  • Paul Merrell on 29 Mar 15
     
    Usually I agree with Tony Cartalucci, but I think it's too early to pick winners and losers in Yemen. At least a couple of other nations allied with the Saudis are flying aerial missions and there's a commitment of troops and air support by Egypt, although it isn't clear that these would enter Yemen, but may just deploy to "protect" the waters approaching the Suez Canal from the Yemenis. The Saudis have a surfeit of U.S. weaponry but their military is inexperienced. The House of Saud has preferred proxy wars conducted by Salafist mercenaries over direct military intervention. How effective its military will be is a very big unknown at this point. But I like Cartalucci's point that if the House of Saud has to send in its ISIL mercenaries, it will go a long way toward unmasking the U.S. excuse for invading Syria and resuming boots on the ground in Iraq.
Paul Merrell

M of A - Nusra On The Run - Trump Induces First Major Policy Change On Syria - 0 views

www.moonofalabama.org/...or-policy-change-on-syria.html

war & peace U.S.-foreign-policy Syria Al-Nusrah Russia target-shift Trump Obama Israel

shared by Paul Merrell on 12 Nov 16 - No Cached
  • The first significant step of the new administration comes while Trump is not even in offices. Obama, selfishly concerned with his historic legacy, suddenly makes a 180 degree turn and starts to implement Trump polices. Lets consider the initial position: Asked about Aleppo in an October debate with Clinton, Trump said it was a humanitarian disaster but the city had "basically" fallen. Clinton, he said, was talking in favor of rebels without knowing who they were. The rebels fighting Assad in western Syria include nationalists fighting under the Free Syrian Army banner, some of them trained in a CIA-backed program, and jihadists such as the group formerly known as the al Qaeda-linked Nusra Front. The Obama administration, through the CIA led by Saudi asset John Brennan, fed weapons, training and billions of dollars to "moderate rebels". These then turned around (vid) and either gave the CIA gifts to al-Qaeda in Syria (aka Jabhat al Nusra) or joined it themselves. The scheme was no secret at all and Russia as well as Syria pointed this out several times. The Russian foreign Minister Lavrov negotiated with the U.S. Secretary of State Kerry who promised to separate the "moderate rebels" from al-Qaeda. But Kerry never delivered. Instead he falsely accuse Russia of committing atrocities that never happened. The CIA kept the upper hand within the Obama administration and continued its nefarious plans. That changed the day the president-elect Trump set foot into the White House. While Obama met Trump in the oval office, new policies, prepared beforehand, were launched. The policies were held back until after the election and would likely not have been revealed or implemented if Clinton had won.
  • The U.S. declared that from now on it will fight against al-Qaeda in Syria: President Obama has ordered the Pentagon to find and kill the leaders of an al-Qaeda-linked group in Syria that the administration had largely ignored until now and that has been at the vanguard of the fight against the Syrian government, U.S. officials said. That shift is likely to accelerate once President-elect Donald Trump takes office. ... possibly in direct cooperation with Moscow. ...U.S. officials who opposed the decision to go after al-Nusra’s wider leadership warned that the United States would effectively be doing the Assad government's bidding by weakening a group on the front line of the counter-Assad fight. ... Defense Secretary Ashton B. Carter and other Pentagon leaders initially resisted the idea of devoting more Pentagon surveillance aircraft and armed drones against al-Nusra.
  • Ash Carter is, together with John Brennan, the major anti-Russian force in the Obama administration. He is a U.S. weapon industry promoter and the anti-Russia campaign, which helps to sell U.S. weapons to NATO allies in Europe, is largely of his doing. He saw al-Qaeda in Syria as a welcome proxy force against Russia. But Obama has now shut down that policy. We are not yet sure that this is for good but the above Washington Post account is not the only signal: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) took action today to disrupt al-Nusrah Front’s military, recruitment, and financing operations. Specifically, OFAC designated four key al-Nusrah Front leaders – Abdallah Muhammad Bin-Sulayman al-Muhaysini, Jamal Husayn Zayniyah, Abdul Jashari, and Ashraf Ahmad Fari al-Allak – pursuant to Executive Order (E.O.) 13224, which targets terrorists and those providing support to terrorists or acts of terrorism. ... These designations were taken in coordination with the U.S. Department of State, which today named Jabhat Fath al Sham as an alias of al-Nusrah Front – al-Qa’ida’s affiliate in Syria. ... Abdallah Muhammad Bin-Sulayman al-Muhaysini was designated for acting for or on behalf of, and providing support and services to or in support of, al-Nusrah Front. This is a major change in U.S. policy. Nusra will from now on be on the run not only from Russian and Syrian attacks but also from the intelligence and military capabilities of the United States. The newly designated Al-Muhaysini, a Saudi cleric, is Nusra's chief ideologue in Syria. Some considered him the new Osama Bin-Laden.
  • ...2 more annotations...
  • Hadi Abdullah, friend of the designated al-Qaeda terrorist Muhaysini, just received the 2016 Press Freedom Price from the CIA/Soros financed "regime change" influence operation Reporters Without Borders. Might this mean that Hadi Abdullah is himself a CIA assets? He would not be the first such "journalist" in Syria. Obama, obviously as a direct consequence of the Trump election, now ordered the Pentagon to wage war on al-Qaeda in Syria just as the Russians do. This after five years of nearly unlimited U.S. support for al-Qaeda and its "moderate" Syrian affiliates. It is not yet know what new orders, if any, Obama gave to the CIA. Will the CIA follow these policies or will it (again) try to counter the Pentagon policies in Syria? It is unusual that the WaPo report above about this new direction includes no commenting voice from the CIA. Why is such missing? Russia and Syria will welcome the new Obama policies should they come to fruit on the ground. Hillary Clinton had planned and announced to widen the conflict in Syria and with Russia and Iran. Obama would surely not have acted against such policies if she had been elected. But with Trump winning and thereby a new policy on the horizon he now changed course to a direction that will provide "continuity" when Trump takes over. Not only is Trump kicking a black family out of its longtime limewashed home, he also ends U.S. government support for the disenfranchised Jihadis in Syria and elsewhere. This even months before taking office. He really is the menace we have all been warned about.
  • UPDATE: This interview in today's WSJ confirms that Trump is still in the pro-Syrian/anti-Jihadist camp that is opposed to Obama's original policy: Donald Trump, in Exclusive Interview, Tells WSJ He Is Willing to Keep Parts of Obama Health Law He said he got a “beautiful” letter from Russian President Vladimir Putin, adding that a phone call between them is scheduled shortly. ... Although he wasn’t specific, Mr. Trump suggested a shift away from what he said was the current Obama administration policy of attempting to find moderate Syrian opposition groups to support in the civil war there. “I’ve had an opposite view of many people regarding Syria,” he said. He suggested a sharper focus on fighting Islamic State, or ISIS, in Syria, rather than on ousting Syrian President Bashar al-Assad. “My attitude was you’re fighting Syria, Syria is fighting ISIS, and you have to get rid of ISIS. Russia is now totally aligned with Syria, and now you have Iran, which is becoming powerful, because of us, is aligned with Syria. … Now we’re backing rebels against Syria, and we have no idea who these people are.” If the U.S. attacks Mr. Assad, Mr. Trump said, “we end up fighting Russia, fighting Syria.”
  • Paul Merrell on 12 Nov 16
     
    I think b has it right here; this is Trump impact on U.S. foreign policy. And the fact the Trump is going full bore on al Nurah and ISIL suggests that Trump is not so strongly pro-Israel as he's been made out to be. (Israel's right-wing leadership has been very strongly anti-Assad.)
Paul Merrell

Turkish PM replaces 10 ministers amid graft inquiry | Reuters - 0 views

www.reuters.com/...rruption-idUSL6N0K40YF20131225

war & peace Turkey purge

shared by Paul Merrell on 29 Dec 13 - No Cached
  • (Reuters) - Turkey's Prime Minister Tayyip Erdogan said he replaced ten cabinet ministers, half of his total roster, after three ministers resigned over a high-level graft inquiry on Wednesday. The replaced ministers included EU Minister Egemen Bagis, who was allegedly named in the corruption probe but had not resigned yet, and key positions such as the Economy and justice ministers.
  • Paul Merrell on 29 Dec 13
     
    It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from entering police department buildings." It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from entering police department buildings." It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from
  • Paul Merrell on 29 Dec 13
     
    "The United States has demanded the Turkish government condemn false news reports about US Ambassador Francis J. Ricciardone and urged Ankara to protect the strong partnership between the two countries, a Turkish daily reported on Tuesday. Jen Psaki, US State Department Spokesperson, said in a press conference that the ongoing false allegations against US ambassador is disturbing. "On Saturday, several pro-government newspapers accused the US ambassador of being behind a recent wave of arrests as part of the corruption investigation. Pro-government Yeni Şafak wrote on its front page: "Get out of this country," a headline that was apparently directed at the US ambassador. "The US Embassy denied the accusations as "lies and slander." It said through Twitter in Turkish: "No one should jeopardize Turkish-US relations through baseless claims." http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=1F7B777659D734167420623A648E1335?newsId=334788&columnistId=0
  • Paul Merrell on 29 Dec 13
     
    Another reaction came from the Contemporary Journalists Association (ÇGD) on Tuesday. The president of the ÇGD's western Central Anatolia branch, Can Hacıoğlu, said the decisions to ban journalists from entering police departments and the closure of press rooms at those departments are unacceptable. He added that the fact that police departments prefer censorship in a period when Turkey has been discussing opening press agencies at police departments and prosecutor's offices as part of the EU harmonization process is very challenging. "We journalists find this situation very odd," Hacıoğlu said. Hacıoğlu also harshly criticized Turkish Airlines (THY) for stopping the distribution of the Zaman, Today's Zaman, Bugün and Ortadoğu dailies to business class passengers on its planes on Monday without providing any explanation, though other dailies are still being handed out onboard. "Hacıoğlu accused THY of discriminating against the dailies for their coverage of the major corruption scandal involving numerous bureaucrats and the sons of three ministers." "Access to Taraf journalist Mehmet Baransu's website was blocked to users in Turkey by the Telecommunications Directorate (TİB) as of Wednesday evening for publishing photos and tapes about the recent graft investigation. The website, yenidönem.com, is still blocked." http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=1F7B777659D734167420623A648E1335?newsId=334831&columnistId=0
Paul Merrell

LINX Public Affairs » Advocate General says Data Retention Directive unlawful - 0 views

publicaffairs.linx.net/news

surveillance state EU GCHQ data-retention ISPs

shared by Paul Merrell on 12 Dec 13 - No Cached
  • The EU Data Retention Directive is incompatible with the Charter of Fundamental Rights of the European Union, according to the Advocate General of the European Court. While the purpose of the Directive, to ensure that communications data can be made available to law enforcement, is accepted as legitimate, the Advocate General says the legislator failed to provide adequate protections against misuse, as required by the Charter.
  • States supporting data retention are not out of the woods yet. The Advocate General’s opinion that the full extent of measures concerning retention of communications data, and access to the material so retained must be legislated at the European level is reached through his understanding of Article 52(1) of the Charter, that any limitation on the rights guaranteed by the Charter, such as right to privacy, must be “provided for by law”. This is the same Advocate General that proposed the same reasoning in another important case on Internet law, and in that case the European Court did not follow his advice. In the seminal case of Internet filtering, SABAM v Scarlet Extended, the Advocate General argued that it should be decided on the basis that court-ordered filtering by ISPs of copyright-infringing peer-to-peer traffic was “not provided for by law” until there is specific legislation to support it. The European Court chose not to follow the Advocate General’s narrow reasoning, and decided the case instead on the substantively more fundamental question of whether making ISPs filter traffic infringes human rights, ruling in favour of ISPs and users and against the copyright holders and States. It remains possible that in this case on data retention the Court will also choose to focus more specifically on the underlying questions raised by the Austrian Supreme Court.
  • Paul Merrell on 12 Dec 13
     
    Optimistic news on the ISP data-retention law front. If the data retention directive is found unlawful in the E.U., the ability of law enforcement and the spy agencies to access retained data is limited to what is retained voluntarily by ISPs. 
Paul Merrell

2014sigint_mem_ppd_rel.pdf - The White House Search Results - 0 views

search.whitehouse.gov/search

surveillance state NSA-reform Obama

shared by Paul Merrell on 23 May 14 - No Cached
  • [PDF] THE WHITE HOUSE Office of the Press Secretary www.whitehouse.gov/sites/default/.../2014sigint_mem_ppd_rel.pdf THE WHITE HOUSE Office of the Press Secretary For Immediate Release January 17, 2014 January 17, 2014 PRESIDENTIAL POLICY DIRECTIVE/PPD-28
  • Paul Merrell on 23 May 14
     
    January 17, 2014 PRESIDENTIAL POLICY DIRECTIVE/PPD-28 SUBJECT: Signals Intelligence Activities Obama's policy directive regarding NSA "reform." Downloadable PDF. Also at http://goo.gl/1wxNtE
Gary Edwards

The Manifesto : Porter Stansberry and the Project to Restore America - 1 views

www.theprojecttorestoreamerica.com/TheManifesto

Porter-Stansberry Project-to-Restore-America Liberty-Tryanny Federal-Reserve-Bankster-Cartel Banksters

shared by Gary Edwards on 01 Oct 12 - No Cached
  • First, we should have a balanced budget amendment.
  • Next, we need a constitutional amendment that ensures sound money.
  • Finally... we need a logical way to put a stop to the narrowing of the tax base.
  • ...5 more annotations...
  • a constitutional amendment that limits state and federal taxation to 20% of income (from whatever the source) and abolishes all other forms of taxation at the state and local level. Give each household a $24,000 annual exemption.
  • We could eliminate the IRS.
  • How much did you make? Send the government 20% of it.
  • we should word the constitutional amendment to make clear our intentions:
  • Every U.S. citizen has the right to keep 80% of his income.
  • Gary Edwards on 01 Oct 12
     
    I've been following and reading Porter's publications since September of 2008, when the mighty Marbux pointed me to Porter and the libertarian economists as a first step to understanding the financial collapse of 2008, and the incredible role the Federal government / Federal Reserve Bankster Cartel played. Porter started the Project to Restore Americqa, and wrote this very concise and well thought out manifesto explaining a new direction for America to consider.  If you love your country, please take a few minutes to read this.  Rarely has the truth been so clearly stated, and a solution so precisely, yet simply, presented.  Good stuff.  +1 "We have to stop giving our citizens improper incentives. We have to increase the "skin" voters have in the game by spreading the burden of government more equally. And we have to ensure the government doesn't have the power to destroy our currency. Americans now owe $56 trillion in total debt, much of it held by foreign investors. We must spend $3.5 trillion each year on interest. That is already more than the federal government spends, in total. We will never be able to repay these debts - already equal to roughly four times our country's GDP. The largest components of the debts we owe are government debts... and they are growing rapidly and show no signs of stopping. Do you think it's more likely we'll find a way to actually pay down these debts... or simply choose to print more money to pay these debts? That's what we're doing right now. So far, the Federal Reserve has printed more than $2 trillion of new money and used it to finance our government's borrowing binge. So the question is, what can we do to change the direction in which we are headed? We have to fundamentally restructure our system. There must be more balance between rights and responsibilities. There must be some fundamental limit on spending and on taxes. And we need sound money to prohibit the government from taxing us silently via inflation an
Gary Edwards

PETITION URGING CONGRESS TO IMPEACH PRESIDENT BARACK OBAMA - 0 views

www.wnd.com/...impeach-president-barack-obama

Impeach-Obama articles-of-impeachment

shared by Gary Edwards on 15 Jun 13 - No Cached
  • Gary Edwards on 15 Jun 13
     
    "PETITION URGENTLY REQUESTING THAT CONGRESS LAUNCH AN INDEPENDENT AND COMPREHENSIVE INVESTIGATION INTO UNCONSTITUTIONAL AND IMPEACHABLE OFFENSES ON THE PART OF PRESIDENT BARACK OBAMA To: All members of the U.S. Congress: Whereas, President Barack Obama not only failed to aid U.S. personnel under lethal and prolonged terrorist attack in Benghazi, Libya, on Sept. 11, 2012, resulting in the deaths of a U.S. ambassador and three other Americans, but also led an outrageously deceitful cover-up for weeks afterward, rivaling the Watergate-era cover-up that ended the presidency of Richard Nixon; Whereas, the IRS under Obama - in accord with direct instructions from congressional Democrats - has engaged in the most egregious and widespread attack on conservative groups in modern history, with the knowledge of top agency officials; Whereas, the Obama Justice Department, on top of its many first-term scandals, has spied on and harassed journalists at Fox News and the Associated Press, prompting widespread, bipartisan condemnation of the DOJ for "criminalizing journalism"; Whereas, top constitutional attorneys from across the political spectrum now agree that Obama has committed certain specific offenses that unquestionably rise to the level of impeachable "high crimes and misdemeanors"; Whereas, one of these offenses - that of illegally conducting war against Libya - has been deemed by a bipartisan panel of constitutional experts to be "clearly an impeachable offense" and "gross usurpation of the war power"; Whereas, Obama's policy of targeted assassinations of U.S. citizens without any constitutionally required due process - including the drone assassination of an American-born 16-year-old as he was eating dinner - is unanimously deemed by experts, both liberal and conservative, as "an impeachable offense"; Whereas, Obama's Justice Department has presided over the disastrous "Fast and Furious" operation in which approximately 2
Paul Merrell

Half of Federal Agencies Still Use Outdated Freedom of Information Regulations - 0 views

www2.gwu.edu/...NSAEBB460

transparency Obama FOIA-regulations

shared by Paul Merrell on 15 Mar 14 - No Cached
  • Nearly half (50 out of 101) of all federal agencies have still not updated their Freedom of Information Act regulations to comply with Congress's 2007 FOIA amendments, and even more agencies (55 of 101) have FOIA regulations that predate and ignore President Obama's and Attorney General Holder's 2009 guidance for a "presumption of disclosure," according to the new National Security Archive FOIA Audit released today to mark Sunshine Week. Congress amended the Freedom of Information Act in 2007 to prohibit agencies from charging processing fees if they missed their response deadlines, to include new online journalists in the fee waiver category for the media, to order agencies to cooperate with the new FOIA ombudsman (the Office of Government Information Services, OGIS), and to require reports of specific data on their FOIA output, among other provisions co-authored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX). But half the government has yet to incorporate these changes in their regulations, according to the latest National Security Archive FOIA Audit. After President Obama's "Day One" commitments to open government, Attorney General Eric Holder issued new FOIA guidance on March 19, 2009, declaring that agencies should adopt a "presumption of disclosure," encourage discretionary releases if there was no foreseeable harm (even if technically covered by an exemption), proactively post the records of greatest public interest online, and remove "unnecessary bureaucratic hurdles" from the FOIA process. But five years later, the Archive found a majority of agencies have old regulations that simply ignore this guidance.
  • The Archive's FOIA Audit also highlights some good news this Sunshine Week: New plans from both the House of Representatives and White House have the potential to compel delinquent agencies to update their regulations. "Both Congress and the White House now recognize the problem of outdated FOIA regulations, and that is something to celebrate," said Archive director Tom Blanton. "But new regs should not follow the Justice Department's terrible lead, they must follow the best practices already identified by the FOIA ombuds office and FOIA experts." "If and when this important FOIA reform occurs, open government watchdogs must be vigilant to ensure that the agencies' updated regulations are progressive, rather than regressive, and embrace best practices to ensure that more documents are released to requesters, more quickly" said Nate Jones, the Archive's FOIA coordinator.
  • In 2011, the back-to-back Rosemary Award-winning Department of Justice proposed FOIA regulations that would have — among many other FOIA setbacks — allowed the Department to lie to FOIA requesters, eliminated online-only publications from receiving media fee status, and made it easier to destroy records. After intense pushback by openness advocates, the DOJ temporarily pulled these regulations, and Pustay claimed, "some people misinterpreted what we were trying to do, misconstrued some of the provisions, and didn't necessarily understand some of the fee guidelines." Pustay also claimed — to an incredulous Senate Judiciary Committee — that updating FOIA regulations to conform with the 2007 OPEN Government Act was merely optional and "not required." National Security Archive director Tom Blanton warned in his own 2013 Senate testimony that these terrible "vampire" regulations were not gone for good. This year, Pustay testified that the Department of Justice has indeed resubmitted its FOIA regulations for OMB approval; their content is unknown to the public.
  • ...4 more annotations...
  • The House of Representatives recently unanimously passed the bipartisan Freedom of Information Act Implementation Act (H.R. 1211), which includes a provision compelling agencies to update their FOIA regulations. The House bill — which now awaits Senate approval — would require each agency to update its FOIA regulations "not later than 180 days after the enactment of this Act." The White House is also addressing the problem of outdated FOIA regulations, albeit in a different manner. In its latest Open Government Partnership National Action Plan, the White House has committed (on paper, at least) to creating one "core FOIA regulation and common set of practices [that] would make it easier for requesters to understand and navigate the FOIA process and easier for the Government to keep regulations up to date." Transparency watchdogs went on alert this week after the Department of Justice's Director of Information Policy Melanie Pustay announced during her Senate testimony on March 11, 2014 that, "My office is leading that project" to create the White House-backed common regulation which, she estimated will be, "a one or two year project." Despite Pustay's pledge that she would accept input from OGIS and the requester community, her Department's history of crafting FOIA regulations has been anything but stellar.
  • As the Department of Justice and other agencies have demonstrated, new regulations do not necessarily make good regulations. As such, the National Security Archive has recommended that any updated FOIA regulations must: mandate that FOIA officers embrace direct communications with requesters; require agencies to receive requests by e-mail and post all responses and documents online; direct agencies to update their FOIA processing software so documents can be posted to any online repository, including the government-sponsored FOIAonline; encourage agencies to join FOIAonline to make their FOIA processing more cost-effective and efficient; stream-line inter and intra-agency "referral" black holes — and keep requesters abreast of where their requests are if the agency does have to refer them; include language encouraging use of the OGIS, which can help requesters and agencies mediate disputes to avoid animosity and costly litigation; end the practice of using fees to discourage FOIA requesters. The Office of Government Information Services — which reviews and comments on agency regulations as they are proposed — has also compiled a list of best practices for agencies to consider while crafting regulations. These include: "let the Freedom of Information Act itself" — and its presumption for disclosure — "be your guide;" bring attorneys, FOIA processors, records managers and IT pros to the table; include your plan for records management and preservation; and alert requesters of their option to contact OGIS for mediation and dispute resolution services.
  • A useful compilation of current agency FOIA regulation language — already on the books — put together by the Center of Effective Government also includes helpful guidelines on preventing the destruction of requested records; narrowly interpreting claims of confidential business information; and clarifying fee waivers and procedures. FOIA experts are currently working to craft model, pro-transparency, CFR-ready language that agencies — or the drafters of government-wide common regulations — can use to bring agencies' Freedom of Information Act regulations up to standard. Watch this space, and then watch the Code of Federal Regulations (CFR). "As the staffer who waded through every single federal agencies' FOIA website and CFR chapter to locate their — sometimes hidden — regulations, I learned FOIA officials often say they view their FOIA requesters as customers," said Archive researcher Lauren Harper, "I think easy to find, updated model FOIA regulations are the best way for agencies to demonstrate they truly value their customer service, and the spirit of the FOIA."
  • The National Security Archive has conducted thirteen FOIA audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • Paul Merrell on 15 Mar 14
     
    Article includes tables indicating which agencies are out of compliance with which FOIA directives. 
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