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Paul Merrell

French and Spanish intelligence aided NSA spying - report - RT News - 0 views

  • Electronic surveillance which the European media and politicians blamed on the NSA was also carried out by their own intelligence services, as part of a wide-ranging allied security effort, according to US officials. European spy agencies collected phone records in war zones and areas outside their borders and shared information with the NSA, US officials said on Tuesday, as part of wider efforts to protect allied soldiers and civilians, according to a report in the Wall Street Journal. This is a markedly different version of events to what has been reported in Europe and throws up questions about the level of European involvement in global surveillance.
  • However, these efforts are separate to the US program which targeted foreign leaders, including Angela Merkel. There has so far been no comment from either the French or Spanish authorities or from the NSA.
  • But James Clapper, the director of National Intelligence said that the notion that the NSA had eavesdropped on the phone calls of 70 million French citizens was false and that the allegations were based on “inaccurate and misleading information regarding US foreign intelligence activities.” But he didn’t provide any other explanation. US intelligence officials have, according to the Wall Street Journal, privately said that the disclosures by the European press put them in a difficult position. They are keen to put the record straight but to do so would expose the activities of their allies’ intelligence activities. US officials also say that the leaked documents that the Le Monde story was based on were not supplied by the NSA, but rather were NSA data received from French intelligence. The US reached the conclusion that the phone records the French had collected were from outside France and were then shared with the NSA. There was a similar story for the documents citied in El Mundo, the officials said. There are considerable diplomatic sensitivities of outing partner services, which the NSA relies on for a considerable amount of intelligence. A public exposure of European complicity may spark domestic outrage in Europe and threaten co-operation with the US in future.
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    Finger-pointing by the U.S. Intelligence Community is good news, a strong sign that the Western nation's surveillance conspiracy is fragmenting. When one defendant blames another, their front is no longer united. 
Paul Merrell

Tap on Merkel Provides Peek at Vast Spy Net - NYTimes.com - 0 views

  • In testimony to Congress on Tuesday, the director of national intelligence, James R. Clapper Jr., gave only the roughest sketch of the size of the N.S.A.’s surveillance program, but suggested that the leader of the United States’ most powerful European ally was a single fish in a very big sea. “We’re talking about a huge enterprise here with thousands and thousands of individual requirements,” he said, using a phrase that appeared to mean individual surveillance targets. Mr. Clapper said that the United States spies on foreign leaders and other officials to see “if what they’re saying gels with what’s actually going on,” and how the policies of other countries “impact us across a whole range of issues.”
  • The N.S.A. tries to gather cellular and landline phone numbers — often obtained from American diplomats — for as many foreign officials as possible. The contents of the phone calls are stored in computer databases that can regularly be searched using keywords. “They suck up every phone number they can in Germany,” said one former intelligence official. The databases are different from those housing telephone “metadata” — information about phone numbers on each end of a call and the call’s length — to find links between terrorism suspects. “Metadata is only valuable if you are trying to track the activities of a terrorist or a spy,” said the former American intelligence official. By comparison, allied leaders are low-level priorities. In the “National Intelligence Priorities Framework,” a matrix approved by the president and updated regularly, information on members of Al Qaeda and other terrorist groups, the whereabouts of nuclear weapons in Pakistan or North Korea, or the conversations of nuclear scientists in Iran are all front-burner intelligence issues. Ranked just below them are questions about the leadership of adversaries, like Russia, China or Iran, or the state of their economies.
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    "Mr. Clapper said that the United States spies on foreign leaders and other officials to see 'if what they're saying gels with what's actually going on,' and how the policies of other countries 'impact us across a whole range of issues.'" Note that none of the above has anything to do with Terrorism and very little if anything to do with national security.  Also noteworthy later in the article, "'Metadata is [sic] only valuable if you are trying to track the activities of a terrorist or a spy,' said the former American intelligence official."
Paul Merrell

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

  • Just days after expressing outrage over reports of widespread surveillance of foreign leaders by the National Security Agency, Sen. Dianne Feinstein (D-Calif.) pushed through the Senate Intelligence Committee on an 11-4 vote a bill that enshrines the bulk collection of Americans' phone call records into law, and expands the agency's authority to track foreign nationals who enter the United States. The bill, passed on Thursday, is meant to respond to the revelations of leaker Edward Snowden. But critics immediately charged that it does little more than offer a fig leaf for the NSA's controversial surveillance operations.
  • In his statement, Udall disagreed. "The NSA's ongoing, invasive surveillance of Americans' private information does not respect our constitutional values and needs fundamental reform -- not incidental changes," Udall said. "Unfortunately, the bill passed by the Senate Intelligence Committee does not go far enough to address the NSA's overreaching domestic surveillance programs." Udall is a co-sponsor of a bill introduced earlier this week by Rep. James Sensenbrenner (R-Wisc.) and Sen. Patrick Leahy (D-Vt.) that would end the NSA's bulk collection of phone call records. The passage of Feinstein's bill sets up a confrontation with Leahy's Judiciary Committee over what version of NSA reform Congress will produce. "The Feinstein bill is terrible and would make things worse. I think the Leahy-Sensenbrenner bill begins to address some of the problems" with the NSA, said Jennifer Granick, director of civil liberties at the Stanford Center for Internet and Society. Neither bill, Granick said, addresses the NSA's infiltration of Yahoo and Google data centers worldwide, which could provide the agency a pathway to collecting Americans' communications.
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    Wow! That was quick. The text of the bill wasn't even publicly available yesterday. Diane Feinstein is trying to railroad the NSA's wet dream through the Senate. Earlier in the week, she was calling for a lengthy investigation but suddenly flips sides again. NSA blackmail?
Paul Merrell

IETF Begins To Work On Designing A Surveillance-Resistant Net | Techdirt - 0 views

  • Edward Snowden's leaks show that the NSA and GCHQ have been systematically subverting key technologies that underlie the Internet. That betrayal of trust has prompted some soul-searching by the Net engineering community, which realizes that it needs to come up with more surveillance-resistant approaches. This story from Radio Netherlands Worldwide (RNW) provides information about the kind of thing they are working on in one key group, the Internet Engineering Task Force (IETF). It reports on a speech given by the IETF's chair, Jari Arkko, at the recent Internet Governance Forum in Bali, Indonesia.
  • Firstly, the IETF wants to eventually apply encryption to all web traffic. "Today, security only gets switched on for certain services like banking," Arkko explained, referring to IETF-developed standards like SSL -- the little lock that appears in the upper left corner of your browser to secure online purchases. "If we work hard, we can make [the entire internet] secure by default." To this end, the IETF might make encryption mandatory for HTTP 2.0, a new version of the basic web protocol. Secondly, the IETF plans to remove weak algorithms and strengthen existing algorithms behind encryption. This means that the US National Security Agency and other surveillors will find it harder to crack current forms of encryption.
  • Putting that in context, Axl Pavlik, the managing director of Europe's Internet Registry (RIPE NCC), notes that you can never stop surveillance completely, but you can make it more expensive: "You and I have limited resources, and the surveillor has limited resources -- maybe more than we have -- but if millions of users of the internet raise the bar a little bit, the requirements to surveil every little bit of internet traffic would be much higher," he explained to RNW. Mandatory use of encryption helps do that. And here's another good reason for adopting it: The IETF's plans also benefit people who are already encrypting their online activities themselves, argued Marco Hogewoning, technical adviser to RIPE NCC. According to him, these people currently stick out like a sore thumb to the very surveillors they hope to evade.
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  • He has a great analogy: "If you see an armoured car now on the street, you know there must be something valuable inside," Hogewoning explained. "If everybody drives around in an armoured car, I can go around and put a lot of effort into breaking into each and every car, and hope I get lucky and find something valuable inside, but it might be empty. If everybody encrypts everything, all you can see is armoured cars." However, valuable as these moves will be in raising the cost of surveillance, there is always the problem of the endpoints: While the IETF might be able to secure the pipes through which users' data travel, users must also be able to trust the parties where their data is stored: software, hardware and services such as Cisco, Gmail and Facebook. These parties can hand over user data directly to government agencies. To address that, technical improvements aren't enough -- we need political solutions, too. Unfortunately, those are rather more difficult to engineer.
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    Oh, goody some more!
Paul Merrell

NSA Issues Non-Denial Denial Of Infiltrating Google & Yahoo's Networks | Techdirt - 0 views

  • While NSA boss Keith Alexander issued a misleading denial of this morning's report of how the NSA has infiltrated Yahoo and Google's networks by hacking into their private network connections between datacenters, the NSA has now come out with its official statement which is yet another typical non-denial denial. They deny things that weren't quite said while refusing to address the actual point:
  • Note what is missing from all of this. They do not deny hacking into the data center connection lines outside of the US. They do not deny getting access to all that data, especially on non-US persons. As for the claim that they're protecting the privacy of US persons, previous statements from Robert Litt, the general counsel for the Office of the Director of National Intelligence, have already made it clear that if they collect info on Americans, they're going to use this loophole to search them: "If we're validly targeting foreigners and we happen to collect communications of Americans, we don't have to close our eyes to that," Litt said. "I'm not aware of other situations where once we have lawfully collected information, we have to go back and get a warrant to look at the information we've already collected."
  • So, for all the claims that this kind of information will be "minimized," it certainly looks like they've already admitted they don't do that. Meanwhile, that Guardian article that has the NSA's response also has responses from the 3 other players in this drama. There's the UK's GCHQ, who apparently has partnered with the NSA in breaking into Google and Yahoo. It didn't want to say a damn thing: "We are aware of the story but we don't have any comment."
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  • Google, however, was reasonably furious about this story. In a statement, Google's chief legal officer, David Drummond, said the company was "outraged" by the latest revelations. "We have long been concerned about the possibility of this kind of snooping, which is why we have continued to extend encryption across more and more Google services and links, especially the links in the slide," he said. "We do not provide any government, including the US government, with access to our systems. We are outraged at the lengths to which the government seems to have gone to intercept data from our private fiber networks, and it underscores the need for urgent reform."
  • Yahoo's response, unfortunately, was a lot more restrained and not particularly on point. "We have strict controls in place to protect the security of our data centers, and we have not given access to our data centers to the NSA or to any other government agency." Yeah, but the story is how the NSA got around your security. Yahoo should be a lot angrier about this. One hopes that once the technical people talk to management, the company will realize just how bad this situation is. Hopefully, this means that Google and Yahoo will stop just focusing on getting more "transparency" out of the government concerning NSA surveillance, and will start taking a much more active role. This includes: (1) pushing back hard against government surveillance, including going to court to stop it and (2) building much more secure systems that cannot be easily compromised by the NSA.
Paul Merrell

Loopholes Exclude Intelligence Contractors Like Snowden From Whistleblower Protections - 0 views

  • Due to carve-outs in federal law, U.S. whistle-blowers who work as contract employees for the intelligence community -- like confessed leaker Edward Snowden -- have virtually no protections.
  • There is a complex anatomy of whistle-blower protections depending on whether an employee works for an intelligence agency and whether he or she is a contractor or an employee of the government. But nowhere is the difference more stark than in the intelligence community, where contractors lack protections afforded to their government employee counterparts. Whistle-blower advocates actually fear that this lack of protections could lead to more leaks. “I would say that there is a gaping loophole for intelligence community contractors,” said Angela Canterbury, director of public policy at the Project on Government Oversight. “The riskiest whistle-blowing that you can possibly do on the government is as an intelligence contractor.”
  • Though whistle-blower advocates have actually won increased protections in recent months, intelligence contractors have repeatedly been left out. Intelligence workers are not covered by the Whistle-blower Protection Act. When Congress passed the Whistle-blower Protection Enhancement Act last fall, at the request of the U.S. House Intelligence Committee, the law’s protections didn’t apply to the intelligence community workers -- both contract and government employees. When Congress added whistle-blower protections specifically for contract employees to the National Defense Reauthorization Act of 2013, intelligence contractors were again excluded. To fill the void, President Obama issued Public Policy Directive (PPD) 19 in October 2012 to extend protections to national security workers. However, his directive made no mention of contractors. Because PPD-19 was initially classified and is actually being implemented in secret, advocates are unsure how strong the protections for government intelligence workers actually are. The directive made no mention of contract workers specifically and Canterbury said she would be “actually shocked and astounded” if the directive were interpreted to apply to contractors.
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  • In terms of Snowden's rights, he could have legally raised his concerns with either the office of the intelligence community inspector general or a congressional intelligence committee, but he would have had no protections against any form of retaliation, including losing his job and security clearance. “The ramification [of excluding intelligence contractors] is that a whistle-blower in their right mind would make a public disclosure if they wanted [to bring attention] to wrongdoing because blowing the whistle internally would be very dangerous for their careers,” Canterbury said. “In the case of Snowden, he calculated that his career was over in any case,” Canterbury added. “I’m sure that internal whistle-blowing was not high on the list of ways to get accountability to the issue.
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    So much for the much publicized government propaganda that Snowden should have gone through channels rather than leaking.  
Gary Edwards

ObamaCare suckers needed, inquire within | RedState - 0 views

  • The exchanges need roughly 2.7 million healthy 18-t0-35-year-olds to sign up to be solvent.
  • The majority of that group is nonwhite and male, according to Simas’ data, and a third are located in just three states: California, Texas and Florida.
  • If too few choose to enroll because they don’t know about the law, don’t like it, or feel they don’t need insurance, the exchanges will fail. And so will the law.
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  • In other words, ObamaCare needs an army of young dupes to pay through the nose, in order to make this ridiculous program appear solvent while it showers other people with benefits.  
  • It’s a wonder young folks are lining up around the block to pay those 50 to 150 percent increases in their health insurance premiums.
  • he latest Government Accountability Office report says ObamaCare implementation remains months behind schedule, even though the insurance exchanges are supposed to go live in just four months.
  • Under Obamacare, insurance companies can no longer turn away people with preexisting conditions.
  • And so a crucial aspect of implementation is getting enough young, healthy people to enroll to offset the cost of insuring older, less-healthy enrollees.
  • The Congressional Budget Office expects some 7 million people to sign up when the exchanges open on Oct. 1, eventually reaching 22 million.
  •  The embarrassing degeneration of ObamaCare into a wealth transfer program that feeds off healthy people is a perfect inversion of the insurance concept.
  • Normally, the young and hearty folks would pay a low fee for health insurance, because providers would make the reasonable actuarial gamble that most of those customers would not be filing expensive claims.
  • The notion of selling “insurance” to someone with an pre-existing condition, guaranteed to make big claims, would be absurd.  
  •  Older people with higher risks pay more.
  • Instead, we’ve got another corrupt, inefficient redistribution system powered by the liquefied assets of chumps.
  • It’s starting to visibly panic over not being able to pump enough chumps to fill its gas tank.
  • And I do mean corrupt, because it’s not as if most of this money is going to doctors or medical supplies.
  •  Betsy McCaughey, former lieutenant governor of New York, describes the billion dollars flowing into the California health insurance exchange as tax money laundered into Democratic party-building funds:
  • The Obama administration granted a whopping $910 million to California to set up its insurance exchange. That money is not for bandages, surgery, nurses and doctors to care for the sick. Nor is it for insurance plans, though $910 million could buy generous coverage for at least 113,000 people!
  • Shockingly, the $910 million is slated for bureaucracy, including rich compensation packages for exchange employees ($360,000 a year for the executive director) and contracts for computer equipment, public relations and “outreach. “
  • Outreach is the largest expenditure and where the real monkey business occurs.
  • Amazingly, California legislators passed a law that the exchange could keep secret for a year who received the contracts and indefinitely how much they were paid. California’s open-records laws would otherwise prohibit such secrecy.
  • McCaughey describes six- and seven-figure grants to the California NAACP, the Service Employees International Union, the AFL-CIO, and Community Health Councils, “a California organization with a long history of political activism against fracking, for-profit hospitals, state budget cuts and oil exploration.”
  • I can’t imagine why young people are reluctant to plow their money into a racket like this!
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    Excellent summary of where ObamaCare sits today.  Obama has to convince millions of young, healthy "chumps" to pay massive amounts of their income into ObamaCare Exchanges if the greatest socialist redistribution plan ever conceived is to continue. "At the White House, health care implementation has become an obsession. Chief of Staff Denis McDonough spends two hours a day on Obamacare implementation, staffers said, and senior aides like Simas and Tara McGuinness, who joined the White House in April as a senior communications adviser, work on the issue nearly full-time. Hardly a week goes by without Obama finding some way to plug the effort as well. The reason: the law is increasingly unpopular. According to an NBC News-Wall Street Journal poll released earlier this month, 49% of Americans now believe the law is a bad idea, the highest percentage recorded, with only 37% saying it is a good thing. Many states have already opted out of key provisions to expand Medicaid. In Washington, Republicans continue to lay siege to the law; they have voted to repeal it 37 times in the U.S. House."
Paul Merrell

Justice Department Misrepresents JP Morgan Settlement - 0 views

  • The settlement between JPMorgan Chase and the Justice Department has been reported at $13 billion, for charges that Chase sold toxic mortgage-backed securities that fueled the financial crisis of 2008. The reported $13 billion amount is a misrepresentation of the actual figure by the Justice Department and has “nothing to do with mortgage-backed securities,” said former financial regulator Bill Black. “That's only one of what are reportedly nine different areas of fraud by JPMorgan that are the subject of this settlement. And that means that the Justice Department is giving up the ability to prosecute, apparently, in eight of these nine areas,” said Black. Black also says the bank will be able to reduce the fine by approximately $7 billion through payment reductions and tax deduction. “Roughly it's a $6 billion deal,” said Black. “That still, of course, is a large number, but compared to how much wealth was extracted by the senior officers and directors, it's actually not that big a deal, and compared to the losses they caused to the world through these frauds that drove the financial crisis, it's actually a pittance.”
Paul Merrell

As Ambassador Power praises ADL, Abe Foxman savages John Kerry | The Electronic Intifada - 0 views

  • Abraham Foxman, national director of the Anti-Defamation League (ADL), has launched a stinging attack on US Secretary of State John Kerry. Foxman’s open attack on a US secretary of state, especially one who has been so friendly to Israel, is unusual. What makes it more extraordinary is that it comes after another Obama administration official has heaped lavish praise on Foxman and the ADL. “I think Kerry’s outrageous behavior will unite the American Jewish community,” Foxman told Israeli army radio, Haaretz reports.
  • “It is chutzpah to lecture Israel about the risks of peace and war,” Foxman added from Jerusalem, where he is currently visiting. The ADL is one of the most prominent pro-Israel, anti-Palestinian organizations in the United States. It recently published a McCarthyite list of the “Top 10 anti-Israel organizations” which included a number of peace and justice groups. The sources of Foxman’s rage include US diplomacy with Iran, which Kerry has championed, and Kerry’s recent criticism of (though total inaction on) Israel’s ongoing colonization of Palestinian land. Foxman claimed there was a “crisis of trust” between the US and Israel because Kerry had not kept Israel sufficiently informed of the Geneva talks over Iran’s nuclear energy program. Those talks ended last night without a much-anticipated breakthrough, after a last minute French intervention scuppered a deal.
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    Make no mistake: Israel's right-wing government and its Zionist/Neoliberal stooges in the U.S. are squarely aimed at blocking any deal that would get in the way of the U.S. launching a war against Iran. 
Paul Merrell

Clinton probe tests FBI chief | TheHill - 0 views

  • FBI Director James Comey is being thrust into the spotlight as the controversy surrounding Hillary Clinton’s personal email server intensifies.The FBI is investigating the security of the former secretary of State's email setup, including if classified information was mishandled. The probe is putting the nation’s top law enforcement agency at the center of a political battle leading into the 2016 election.ADVERTISEMENTComey has long shown an independent streak that's gained him wide bipartisan praise and helped him sail to a 93-1 confirmation vote in the Senate. That independence will be tested with Republican lawmakers demanding answers and Clinton's presidential campaign team being dismissive of a controversy it sees as politically drummed up.
  • The campaign has denied any wrongdoing and dismissed claims that Clinton received classified material on a private server as “misinformation” and “nonsense.”
Paul Merrell

Did Iranian Weapons Kill Americans? Another phony argument against a deal with Iran | C... - 0 views

  • There is a new entrant in the already crowded field of Israeli Lobby funded groups opposed to an agreement with Iran over its nuclear program. It is the “wounded warriors” and their families denouncing the perfidious Persians. The first salvo was fired on August 4th in a letter to Rupert Murdoch’s New York Post from the daughter of an Army Lieutenant Colonel killed in Iraq by “Iranian weapons,” who concluded that “we are already at war with Iran.” After the letter ads began to appear in television markets where congressmen considered to be vulnerable to pressure from Israel’s friends were located. The ads were produced by a group called “Veterans Against an Iran Deal,” whose executive director is Michael Pregent, a former adviser to General David Petraeus who is also an “Expert” affiliated with the Washington Institute for Near East Policy (WINEP), an American Israel Public Affairs Committee (AIPAC) spin off. The group has a website which claims that “the Iranian regime murdered and maimed thousands of Americans” but there is no indication who exactly supports it and is providing funding or what kind of following it has. The group’s first ad featured as a spokesman a retired army Staff Sergeant named Robert Bartlett. In the video, Bartlett, whose face bears the scars resulting from being on the receiving end of an improvised explosive device in Iraq, claims he was “blown up by an Iranian bomb.” In addition to blaming Iran for providing Iraqi insurgents with the weapons that were used to maim him and kill his colleagues he also tells how Iranians would “kidnap kids” and kill them in front of their parents. Per Bartlett, those who deal with Iran will have “blood on their hands” and will be responsible for funding Iranian terror.
  • Bartlett’s anger is nevertheless understandable, but his claim that he was maimed by Iranian provided weapons should not go unchallenged. In actual fact, it is a lie. In 2005 the Bush Administration began to claim that Iran had been “interfering” in Iraq. The claim, rarely backed up by an substance, was based on suppositions about Tehran’s likely interests regarding its predominantly Shi’ite neighbor and it was little more than an excuse to explain the persistence and intensity of Iraqi resistance to the American invasion. Sophisticated roadside bombs using shaped charges, initially referred to as Improvised Explosive Devices (IEDs) and subsequently as Explosively Formed Penetrators (EFPs), first appeared in Iraq in the summer of 2004. Initial reports on the weapon in June 2005, stated that it was being used by Sunni insurgents and was likely produced by ordnance experts from the disbanded Iraqi Army. Saddam Hussein’s Iraq had a large army with a sophisticated if limited ability to produce some weapons in its own armories. When the army was foolishly disbanded by the Coalition Provisional Authority, skilled workers who had been employed in the weapons shops were made redundant and took with them the knowledge to make any number of improvised weapons using the materiel that remained in Iraq’s arms storage depots.
  • The indictment of Iran as the source of weapons being used by insurgents continued and intensified as the security situation in Iraq deteriorated. Some media coverage attributed the killing of hundreds of American soldiers to Iranian supplied weapons because any death by EFP was immediately attributed to Iran. In spite of the lack of any solid evidence, the largely neoconservative supporters of pre-emptive action against Iran stated specifically that Iran was “killing American soldiers” through its provision of sophisticated weaponry. A nearly hysterical progress report given to Congress by General David Petraeus and Ambassador Ryan Crocker on April 8, 2008 went even farther, claiming that Iran was responsible for most of the violence occurring in Iraq. But the argument about Iranian involvement in Iraq was itself logically inconsistent, something that Crocker and Petraeus should have understood. The Iraqi insurgency in the period 2004-2006 was largely Sunni and hostile to Iran. That the Iranians would be supplying the Sunnis or that the Sunnis would have sought such aid was implausible.
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    Shia Iran providing IED weapons to Sunni militants in Iraq? Preposterous. The latest Israel lobby false propaganda blast aimed at shooting down the agreement with Iran in Congress.  
Paul Merrell

High Court Rules UK's Surveillance Powers Violate Human Rights - 0 views

  • UK's High Court found the rushed Data Retention and Investigatory Powers Act (DRIPA) to be illegal under the European Convention on Human Rights and EU Charter of Fundamental Rights, both of which require respect for private and family life, as well as protection of personal data in the case of the latter. DRIPA was challenged by two members of Parliament (MPs), Labor's Tom Watson and the Conservative David Davis, who argued that the surveillance of communications wasn't limited to serious crimes, that individual notices for data collection were kept secret, and that no provision existed to protect those who need professional confidentiality, such as lawyers and journalists. DRIPA was pushed through in three days last year after the European Court of Justice ruled that the EU data retention powers were disproportionate, which invalidated the previous data retention law in the UK. The UK High Court also ruled that sections 1 and 2 of DRIPA were unlawful based on the fact that they fail to provide precise policies to ensure that data is only accessed for the purpose of investigating serious crimes. Another major point against DRIPA was that it didn't require judicial approval, which could limit access to only the data that is strictly necessary for investigations.
  • DRIPA passed in only three days, but the Court allowed it to continue for another nine months, to give the UK government enough time to draft new legislation. Although this almost doubles the time in which this law will exist, it might be better in the long term, as it gives the members of Parliament enough time to debate its successor, without having to rush yet another law fearing that the government's surveillance powers will expire. This court ruling arrived at the right time, as the UK government is currently preparing the draft for the Investigative Powers Bill (also called Snooper's Charter by many), which further expands the government's surveillance powers and may even request encryption backdoors. It also joins other recent reviews of the government's surveillance laws that called for much stricter oversight done by judges rather than the government's own members. "Campaigners, MPs across the political spectrum, the Government's own reviewer of terrorism legislation are all calling for judicial oversight and clearer safeguards," said James Welch, Legal Director for Liberty, a human rights organization.
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    The Dark State takes another hit.
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human Rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human Rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

Emails to Hillary contradict French tale on Libya war - Al-Monitor: the Pulse of the Mi... - 0 views

  • French spies secretly organized and funded the Libyan rebels who defeated Moammar Gadhafi, according to confidential emails to Hillary Clinton that were made public on June 22.
  • “In return for their assistance,” the memo states, “the DGSE officers indicated that they expected the new government of Libya to favor French firms and national interests, particularly regarding the oil industry in Libya.” The email goes on to state that Jalil and Younis “accepted this offer” and “have maintained contact with the DGSE officers in Cairo.” The memo is titled, “How the French created the National Libyan Council, ou l’argent parle.” Another memo dated May 5 asserts that individuals close to the council stated “in strictest confidence” that as early as mid-April 2011 French humanitarian flights also included “executives from the French company TOTAL, the large construction from VINCI and the European Aeronautic Defence and Space Company N.V. (EADS).” Subsequent flights have allegedly carried representatives “from the conglomerate THALYS and other large French firms, all with close ties to [Sarkozy].” “After meeting with the [council] these French business executives leave discreetly by road, via Tobruk to Egypt,” the memo states. “These convoys are organized and protected by para-military officers [from the DGSE].” The memo adds that Levy himself came up with the idea and obtained the council’s signature on an agreement to give French firms “favorable consideration” in business matters. He is said to have used “his status as a journalist to provide cover for his activities.”
  • The memos from Clinton adviser Sidney Blumenthal contradict the popular French narrative about its intervention in Libya, raising fresh questions about a war that toppled a dictator but left chaos and radicalism in his stead. They were allegedly written by retired CIA operative Tyler Drumheller and released by a special congressional panel investigating the 2012 attack on the US mission in Benghazi. The oft-repeated media tale in France holds that then-President Nicolas Sarkozy was outraged by Gadhafi’s crackdown on protesters in February 2011 but had no clear idea who to support. Enter a swash-buckling “intellectual,” Bernard-Henri Levy, who met with Transitional National Council leader Mustafa Abdul Jalil on March 4, immediately called Sarkozy, and had the French president invite Jalil to the Elysee Palace — and recognize the council as the country’s official government by March 10. The emails to Clinton tell a distinctly less heroic story. According to one entry from March 22, 2011, “officers” with the General Directorate for External Security — the French intelligence service — “began a series of secret meetings” with Jalil and Gen. Abdul Fatah Younis in Benghazi in late February and gave them “money and guidance” to set up the council, whose formation was announced Feb. 27. The officers, “speaking under orders from [Sarkozy] promised that as soon as the [council] was organized France would recognize [it] as the new government of Libya.”
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  • A later memo, from September 2011, asserts that Sarkozy urged the Libyans to reserve 35% of their oil industry for French firms — Total in particular — when he traveled to Tripoli that month. In the end, however, Italy’s Eni came out ahead with Russian and Chinese firms biding their time, even as the Libyan oil production plummeted because of the civil war. The veracity of the memos’ content is difficult if not impossible to ascertain. While Levy has long been a controversial figure in France, the council was riven by internal rivalries. Younis himself was assassinated in July 2011 — at Jalil’s urging according to an Aug. 8 memo to Clinton. And Drumheller himself has courted controversy for his role in the run-up to the 2003 Iraq war, with liberals celebrating him as a truth-teller and conservatives saying he helped concoct some of the false information he later debunked.
  • French spymasters’ role in Libya has been alluded to before, most notably in the 2012 book “The Truth About our War in Libya” by French historian Jean-Christophe Notin. That book said Henry-Levy’s role in the French decision to go to war had been overblown. “All has not been said about this war, because it has only had one narrator: Bernard-Henri Levy,” Notin told L’Express magazine. “Yes, he was one of the Libyans’ interlocutors. But his telling glosses over not only the coalition’s military exploits, but also the underground work of diplomatic and military officials on the ground, sometimes for quite some time, in Libya.” Other memos released June 22 give credence to the notion that Sarkozy was determined from the start of the uprising to get rid of Gadhafi, despite earlier efforts to court him after he abandoned his weapons program and sought closer ties with the West. A March 20 memo, for instance, states that Sarkozy “plans to have France lead the attacks on [Gadhafi] over an extended period of time” and “sees this situation as an opportunity for France to reassert itself as a military power.”
Paul Merrell

France Targeted by NSA Spies and Parliament Passes Surveillance Law - 0 views

  • On Wednesday, France woke up to find that the National Security Agency had been snooping on the phones of its last three presidents. Top-secret documents provided by WikiLeaks to two media outlets, Mediapart and Libération, showed that the NSA had access to confidential conversations of France’s highest ranking officials, including the country’s current president, François Hollande; the prime minister in 2012, Jean-Marc Ayrault; and former presidents Nicolas Sarkozy and Jacques Chirac. Yet also today, the lower house of France’s legislature, the National Assembly, passed a sweeping surveillance law. The law provides a new framework for the country’s intelligence agencies to expand their surveillance activities. Opponents of the law were quick to mock the government for vigorously protesting being surveilled by one of the country’s closest allies while passing a law that gives its own intelligence services vast powers with what its opponents regard as little oversight. But for those who support the new law, the new revelations of NSA spying showed the urgent need to update the tools available to France’s spies.
  • The response from the French government today was firm but predictable. Senior intelligence officials will travel to the U.S. to meet their counterparts in Washington, while the U.S. ambassador in Paris was summoned to the Elysee Palace. A similar scenario played out in 2013, when Le Monde published Snowden documents that revealed some of the extent of American surveillance in France. Prime Minister Manuel Valls said today that he wants a “code of conduct” to guide the relationship between France and the U.S. on intelligence activities — but the government demanded the exact same thing almost two years ago. When The Intercept published NSA documents in March indicating the Five Eyes — the NSA’s core allies — were intercepting large swaths of internet traffic in France’s Pacific islands, an official protest from France was nowhere to be heard. Even when it appeared that France’s closest ally, Germany, was using its surveillance capabilities to spy, on behalf of the NSA, on France’s foreign affairs ministry and some of the country’s most strategic companies, French authorities remained silent.
  • Until the law was passed, France’s intelligence services operated almost without any laws to regulate them. Although the new law delivers a much-needed framework, its safeguards are regarded by many critics as insufficient. The powers of the oversight body in charge of the intelligence agencies have been slightly strengthened and it will be possible, if a citizen suspects she is being surveilled, to take her case before the Conseil d’Etat, France’s highest court. But other parts of the law have drawn controversy, including the way it defines the purposes the government can invoke to surveil French residents. The categories extend well beyond terrorism. Many opponents of the law think these guidelines are so broad that they could enable political surveillance. But the key point of disagreement is what the government calls “black boxes.” The law allows the use of government equipment inside Internet Service Providers and large web companies to analyze streams of metadata and find “terrorist” patterns and behaviors.
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  • The country’s intelligence community got everything it wanted — almost. An amendment that would remove any oversight of surveillance of foreigners, targeting chief executives and foreign spies, had been demanded by France’s top spy, Bernard Bajolet, the director general of external security, during a hearing at the National Assembly a few weeks ago, but the government opposed it and managed to get rid of it before the final vote. Yet, the government added a last minute amendment that tears to pieces the meager whistleblower protection the bill was supposed to set up. The end result is that most of what France’s intelligence services have been doing in the dark is now authorized by law.
Paul Merrell

Clinton Ex-Aide Likely to Invoke 5th Amendment Over Questions on Email Server - First D... - 0 views

  • A former aide to Hillary Rodham Clinton who helped set up the server that housed Mrs. Clinton’s private email account plans to invoke his Fifth Amendment right in response to congressional questions about the email practices, according to two people who have been briefed on the matter. The former aide, Bryan Pagliano, was subpoenaed to testify before a House committee, but a lawyer for Mr. Pagliano has told the panel that his client will assert his right to remain silent and decline to answer their questions. The subpoena was issued by the House committee investigating the 2012 attacks in Benghazi, Libya. As part of its inquiry, the panel is examining Mrs. Clinton’s use of a private email account while she was secretary of state, which shielded her correspondences from congressional inquiries. Mr. Pagliano was the information technology director for Mrs. Clinton’s 2008 presidential campaign and then worked at the State Department as an adviser and special projects manager for its chief technology officer, according to his LinkedIn page. He left the State Department in February 2013, the same month Mrs. Clinton stepped down as secretary of state.
  • Clinton campaign aide said that Mr. Pagliano’s decision was “both understandable and disappointing to us, because we believe he has every reason to be transparent about his I.T. assistance.” “We had hoped Bryan would also agree to answer any questions from the committee and had recently encouraged him to grant the committee’s request for an interview,” the aide said.
  • Even if Mr. Pagliano does not back down, the panel will probably still call him to testify and force him to invoke the Fifth Amendment in person.
Paul Merrell

Rise of Islamic State was 'a willful decision': Former DIA Chief Michael Flynn | Foreig... - 0 views

  • In Al Jazeera’s latest Head to Head episode, former director of the Defense Intelligence Agency Michael Flynn confirms to Mehdi Hasan that not only had he studied the DIA memo predicting the West’s backing of an Islamic State in Syria when it came across his desk in 2012, but even asserts that the White House’s sponsoring of radical jihadists (that would emerge as ISIL and Nusra) against the Syrian regime was “a willful decision.” [Lengthy discussion of the DIA memo begins at the 8:50 mark.]Amazingly, Flynn actually took issue with the way interviewer Mehdi Hasan posed the question—Flynn seemed to want to make it clear that the policies that led to the rise of ISIL were not merely the result of ignorance or looking the other way, but the result of conscious decision making:
Paul Merrell

Confirmed: Washington Intends to "Use" Al Qaeda to "Take Out" Syria and Overthrow the A... - 0 views

  • The Daily Beast’s article, “Petraeus: Use Al Qaeda Fighters to Beat ISIS,” reveals the final piece to the “safe haven” or “buffer zone” puzzle, providing the world a complete picture of how the United States and its regional allies, including Turkey, Saudi Arabia, Israel, Jordan, and others, plan to finally overthrow the government in Damascus, and eliminate Syria as a functioning nation state through the use of listed terrorist organizations responsible for over a decade of devastating global war.
  • The Daily Beast reports: Members of al Qaeda’s branch in Syria have a surprising advocate in the corridors of American power: retired Army general and former CIA Director David Petraeus.  The former commander of U.S. forces in Iraq and Afghanistan has been quietly urging U.S. officials to consider using so-called moderate members of al Qaeda’s Nusra Front to fight ISIS in Syria, four sources familiar with the conversations, including one person who spoke to Petraeus directly, told The Daily Beast. 
  • In addition to Petraeus’ alleged plans, the Daily Beast reports former US Ambassador to Syria  Robert Ford also advocated supporting terrorists linked directly to Al Qaeda, including the Ahrar al Sham faction. However this “proposed” advocacy is an afterthought – a matter of public perception management – as terrorist organizations like Ahrar al Sham and the Al Nusra Front already are receiving significant US backing either directly or laundered through one of America’s many regional collaborators. Ahrar al Sham’s extensive video documentation online shows the group even employing US anti-tank TOW missiles. Furthermore, US corporate-financier funded policy think tanks like the Brookings Institution have already enumerated precisely this plan. In a recent publication on Brookings’ “Order From Chaos” blog titled, “Should the United States negotiate with terrorists?,” it is stated: Ultimately, negotiation and amnesty programs with extremist groups must enter the U.S. counterterrorism repertoire if reluctance to military deployment continues. Brookings describes almost verbatim the proposal put forth by Petraeus and Ford, indicating this plan is more deeply rooted as a matter of policy than indicated by the Daily Beast.
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    Ignoring the fact that the U.S. voted for two adopted U.N. Security Council resolutions specifically forbidding nations from aiding in any way Al-0Qaida and Al-Nusrah, thus establishing it as a violation of international law to do as these jerks advise. Notwithstanding that, the U.S. has for several years been supplying Al-Nusrah with weapons, supplies, intelligence, and leadership through two operations centers, one in Jordan and the other in Turkey.   
Paul Merrell

U.S. is even more implicated in Israeli settlement project than we thought - 0 views

  • The Israeli colonies are an American problem in a whole new way. Nearly one out of six settlers in the West Bank is an American. Haaretz broke the story. Oxford scholar Sara Yael Hirschhorn says Americans are starkly overrepresented among West Bank settlers: Roughly 60,000 American Jews live in West Bank settlements, where they account for 15 percent of the settler population, according to figures revealed Thursday by an Oxford University scholar and expert on this population. Newsweek’s Jack Moore reports the American policy angle: Israeli settlement watchdog Peace Now said that the new figures revealed that the settlement enterprise in the West Bank was not only an internal issue but “an international problem.” “Unfortunately, while the Obama administration has been persistently vocal against settlement developments, some 60,000 American citizens are taking an active part in an attempt to make the two state solution impossible,” says Anat Ben Nun, Peace Now’s director of development and external relations. The study leaves out all the settlers in East Jerusalem: 200,000 of them three years ago, per the United Nations. And remember that the settlement movement is funded not just by the Israeli government but tax-deductible donations from American Zionists. An issue the US media has refused to deal with.
Paul Merrell

AIPAC's Plan B? « LobeLog - 0 views

  • A summary of a draft bill, which I obtained from a source who asked to remain anonymous, is circulating that is designed (almost certainly by AIPAC) to appeal to those Democrats eager to “kiss and make up” after their defiance of Washington’s most powerful foreign-policy lobby group (whose reputation for omnipotence just took a very heavy hit) and its funders. While much of the summary appears innocuous and consistent with the administration’s own policy and intentions, it also contains a number of “poison pills,” which, if approved, appear calculated to raise new obstacles to implementation and Tehran’s confidence that the U.S. will fully comply with both the spirit and the letter of the JCPOA. With proposed banking sanctions, for example, it appears to do what Fred Kagan and the policy director of the neo-conservative Foreign Policy Initiative (FPI), Juan Zarate, have urged with respect to codifying existing non-nuclear sanctions and reducing or eliminating the president’s waiver authority. (See the Mikulski post for more details.) It also would set up a process for “expedited procedures” that can be used by Congress to approve new terrorism-related sanctions against Iran under certain circumstances and create a Coordinator for Compliance whose responsibilities include not only overseeing Iran’s implementation of the JCPOA but also reporting on non-nuclear issues (like terrorism) that are outside the scope of the agreement.
  • Yet another provision would authorize the delivery to Israel of Washington’s most powerful Massive Ordinance Penetration munitions (MOPs) and the means to deliver them against Iran’s nuclear facilities, a move that administration officials have long said they strongly oppose. This would be one part of a much-enhanced package of military assistance for Israel. Other provisions appear designed to effectively “renegotiate” certain provisions of the JCPOA; for example, by eliminating the exemption of any contracts agreed between Iran and foreign companies during the agreement’s implementation phase in the event that sanctions are “snapped back.” It also requires Iran to abide by the Non-Proliferation Treaty’s (NPT) Additional Protocol as of “adoption day,” even if the Iranian parliament has not yet ratified the Protocol. We hear that the sponsors intend to push this through Congress as a companion to the disapproval resolution. The idea is to enable nervous Democrats to demonstrate their strong support for Israel and their undiluted distrust and hostility toward Iran. They reportedly fear that if this measure isn’t enacted now, then it could prove much more difficult to pass once Iran begins implementing the JCPOA, and particularly if and when the IAEA declares that Iran has cleared up long-pending questions regarding “possible military dimensions” (PMD) of its nuclear program. The IAEA expects to conclude its PMD-related inspections by mid-October and issue a final report by December 15. Here is the summary of the draft bill which, as I understand it, is still very much a work in progress. The Iran Policy Oversight Act of 2015
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    Why am I not surprised. The Israel Lobby comes up with plan B.
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