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Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

www.miamiherald.com/...article4263887.html

war & peace GITMO forced-feedings litigation appeal

shared by Paul Merrell on 06 Dec 14 - No Cached
  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
  • Paul Merrell on 06 Dec 14
     
    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

What is no longer classified? (and what does it portend for the credibility of governme... - 0 views

justsecurity.org/...-order-911-military-commission

war & peace CIA torture detainees rendition

shared by Paul Merrell on 02 Mar 15 - No Cached
  • The prosecution’s motion to amend the protective order in the 9/11 military commission is finally posted.  As I discussed here, Judge Spath has granted a similar motion in the al-Nashiri case.  Judge Pohl has yet to rule on this motion in the 9/11 case because the defense apparently intends to file at least one response to it. In an earlier post I explained why I think this development is very welcome and overdue. There’s another very noteworthy thing about the prosecution’s motion, as well:  It enumerates those categories of information about the CIA’s rendition/detention/interrogation program that are no longer classified at all, and that therefore presumably can now be discussed even by those (unlike the detainees) who were properly subject to restrictions on disclosing such matters–including information about the treatment of all 119 individuals who were in CIA custody, to wit:
  • • The fact that the former RDI Program was a covert action program authorized by the President in the September 17, 2001 Memorandum of Notification; • General allegations of torture by high-value detainees, unless such allegations reveal the identities (e.g., names, physical descriptions, or other identifying information) of CIA personnel or contractors, the locations of detention sites (including the name of any country in which the detention site was allegedly located), or any foreign intelligence service involvement in the detainees’ capture, rendition, detention, or interrogation; • The names and descriptions of the thirteen Enhanced Interrogation Techniques (EITs) that were approved for use, and the specified parameters within which the EITs could be applied;
  • • The techniques themselves as applied to the 119 individuals mentioned in Appendix 2 of the SSCI Executive Summary acknowledged to have been in CIA custody; • Information regarding the conditions of confinement as applied to those 119 individuals; • Information regarding the treatment of those 119 individuals, including the application of standard interrogation techniques; and • Information regarding the conditions of confinement or treatment during the transfer (“rendition”) of the 119 individuals.
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  • This is important for several reasons, not least of which is that it might mean that it is now permissible to release the vast majority of the complete, 6000-or-so-page SSCI Report. One other thing:  The motion relates that in April 2012, in support of the Government’s motion requesting that Judge Pohl issue the protective order, the accompanying declarations of government officials set forth the “grave harm to national security that unauthorized disclosure of such information would cause.”  I think it’s fair to say, now that such information has been disclosed, that these alarms were unwarranted and ill-advised.  No grave harm has befallen the nation.  And so it appears, at least, as though there never was a very good reason why these important categories of information about the RDI program could not and should not have been disclosed years ago.
  • Paul Merrell on 02 Mar 15
     
    But what about "extraordinary rendition?"
Gary Edwards

Ukraine's Oligarchs Turn on Each Other | Consortiumnews - 0 views

consortiumnews.com/...s-oligarchs-turn-on-each-other

Ukraine Corporate-Oligarchs Banksters

shared by Gary Edwards on 25 Mar 15 - No Cached
  • n the never-never land of how the mainstream U.S. press covers the Ukraine crisis, the appointment last year of thuggish oligarch Igor Kolomoisky to govern one of the country’s eastern provinces was pitched as a democratic “reform” because he was supposedly too rich to bribe, without noting that his wealth had come from plundering the country’s economy.In other words, the new U.S.-backed “democratic” regime, after overthrowing democratically elected President Viktor Yanukovych because he was “corrupt,” was rewarding one of Ukraine’s top thieves by letting him lord over his own province, Dnipropetrovsk Oblast, with the help of his personal army.
  • Last year, Kolomoisky’s brutal militias, which include neo-Nazi brigades, were praised for their fierce fighting against ethnic Russians from the east who were resisting the removal of their president. But now Kolomoisky, whose financial empire is crumbling as Ukraine’s economy founders, has turned his hired guns against the Ukrainian government led by another oligarch, President Petro Poroshenko.Last Thursday night, Kolomoisky and his armed men went to Kiev after the government tried to wrest control of the state-owned energy company UkrTransNafta from one of his associates. Kolomoisky and his men raided the company offices to seize and apparently destroy records. As he left the building, he cursed out journalists who had arrived to ask what was going on. He ranted about “Russian saboteurs.”It was a revealing display of how the corrupt Ukrainian political-economic system works and the nature of the “reformers” whom the U.S. State Department has pushed into positions of power. According to BusinessInsider, the Kiev government tried to smooth Kolomoisky’s ruffled feathers by announcing “that the new company chairman [at UkrTransNafta] would not be carrying out any investigations of its finances.”
  • Yet, it remained unclear whether Kolomoisky would be satisfied with what amounts to an offer to let any past thievery go unpunished. But if this promised amnesty wasn’t enough, Kolomoisky appeared ready to use his private army to discourage any accountability.On Monday, Valentyn Nalyvaychenko, chief of the State Security Service, accused Dnipropetrovsk officials of financing armed gangs and threatening investigators, Bloomberg News reported, while noting that Ukraine has sunk to 142nd place out of 175 countries in Transparency International’s Corruptions Perception Index, the worst in Europe.The see-no-evil approach to how the current Ukrainian authorities do business relates as well to Ukraine’s new Finance Minister Natalie Jaresko, who appears to have enriched herself at the expense of a $150 million U.S.-taxpayer-financed investment fund for Ukraine.
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  • Regarding Kolomoisky’s claim about “Russian saboteurs,” the government said that was not the case, explaining that the clash resulted from the parliament’s vote last week to reduce Kolomoisky’s authority to run the company from his position as a minority owner. As part of the shakeup, Kolomoisky’s protégé Oleksandr Lazorko was fired as chairman, but he refused to leave and barricaded himself in his office, setting the stage for Kolomoisky’s arrival with armed men.On Tuesday, the New York Times reported on the dispute but also flashed back to its earlier propagandistic praise of the 52-year-old oligarch, recalling that “Mr. Kolomoisky was one of several oligarchs, considered too rich to bribe, who were appointed to leadership positions in a bid to stabilize Ukraine.”Kolomoisky also is believed to have purchased influence inside the U.S. government through his behind-the-scenes manipulation of Ukraine’s largest private gas firm, Burisma Holdings. Last year, the shadowy Cyprus-based company appointed Vice President Joe Biden’s son, Hunter Biden, to its board of directors. Burisma also lined up well-connected lobbyists, some with ties to Secretary of State John Kerry, including Kerry’s former Senate chief of staff David Leiter, according to lobbying disclosures.
  • Jaresko, a former U.S. diplomat who received overnight Ukrainian citizenship in December to become Finance Minister, had been in charge of the Western NIS Enterprise Fund (WNISEF), which became the center of insider-dealing and conflicts of interest, although the U.S. Agency for International Development showed little desire to examine the ethical problems – even after Jaresko’s ex-husband tried to blow the whistle. [See Consortiumnews.com’s “Ukraine Finance Minister’s American ‘Values.’”]Passing Out the BillionsJaresko will be in charge of dispensing the $17.5 billion that the International Monetary Fund is allocating to Ukraine, along with billions of dollars more expected from U.S. and European governments.
  • As Time magazine reported, “Leiter’s involvement in the firm rounds out a power-packed team of politically-connected Americans that also includes a second new board member, Devon Archer, a Democratic bundler and former adviser to John Kerry’s 2004 presidential campaign. Both Archer and Hunter Biden have worked as business partners with Kerry’s son-in-law, Christopher Heinz, the founding partner of Rosemont Capital, a private-equity company.”According to investigative journalism in Ukraine, the ownership of Burisma has been traced to Privat Bank, which is controlled by Kolomoisky.So, it appears that Ukraine’s oligarchs who continue to wield enormous power inside the corrupt country are now circling each other over what’s left of the economic spoils and positioning themselves for a share of the international bailouts to come.
  • As for “democratic reform,” only in the upside-down world of the State Department’s Orwellian “information war” against Russia over Ukraine would imposing a corrupt and brutal oligarch like Kolomoisky as the unelected governor of a defenseless population be considered a positive.(Early Wednesday morning, President Poroshenko dismissed Kolomoisky from his post as Dnipropetrovsk regional governor.)
  • Paul Merrell on 25 Mar 15
     
    Another of the greatest U.S. exports: corruption.
  • Gary Edwards on 26 Mar 15
     
    Corporate oligarchs leading private but well armed armies in raids against the Ukrainian government holdings - controlled by other corporate oligarchs? This article dives into the mess that the USA and European NATO allies have stirred in the Ukraine, and through this lens we get to see what the world will look like when corporate oligarchs and their Bankster masters rule the world. The article is revealing, but it fails to connect the corporatist to the Banks that are sending in billions of dollars. The connection instead is made to the democratic governments intent on pushing the world into world war 3. Nor is there much mention of the oil and natural gas pipeline and supply geographics that dominate battlefields from the Ukraine, to Syria, Iraq and Lybia. The New World Order needs a third World War if it's to truly overturn the fragile post World War II economic order loosely based on free market capitalism, individual liberty and democratic governance. The end of national sovereignty, religious and cultural identities has one more hurdle. And there is no doubt in my mind that the elites are ready to jump that hurdle. World War III has spread from the middle east to middle Europe. Best we all hold on. .................. "Exclusive: Ukraine's post-coup regime is facing what looks like a falling-out among thieves as oligarch-warlord Igor Kolomoisky, who was given his own province to rule, brought his armed men to Kiev to fight for control of the state-owned energy company, further complicating the State Department's propaganda efforts, reports Robert Parry. In the never-never land of how the mainstream U.S. press covers the Ukraine crisis, the appointment last year of thuggish oligarch Igor Kolomoisky to govern one of the country's eastern provinces was pitched as a democratic "reform" because he was supposedly too rich to bribe, without noting that his wealth had come from plundering the country's economy. In other words, the new U.S.-b
Paul Merrell

Judge sticks by decision to release Guantánamo force-feeding videos | Miami H... - 0 views

www.miamiherald.com/...article41626458.html

GITMO-detainees force-feeding videos litigation disclosure-order

shared by Paul Merrell on 28 Oct 15 - No Cached
  • With some sharp words for the Obama administration, a federal judge on Tuesday declined to second-guess her earlier decision ordering the release of videos of a Guantánamo detainee being force-fed. While acknowledging that more appeals are on the way in the long-running case, U.S. District Judge Gladys Kessler said in her nine-page decision that nothing has happened to change her mind about the videos. She first ordered their release in October 2014.
  • “What the government is really saying is that its classification system trumps the decisions of the federal courts as to the public’s access to official court records,” Kessler wrote. “In other words, the Executive Branch (in this case, the military) purports to be a law unto itself.” 11 hours: the prison camp videos the judge ordered redacted then released, a year ago Kessler added that “the government’s justifications for barring the American public from seeing the videotapes are not sufficiently rational and plausible to justify barring release of the videotapes.” Sixteen media organizations, including the New York Times, Associated Press and McClatchy, have joined in seeking release of the Guantánamo tapes to the public on First Amendment grounds.
Paul Merrell

Restore Our Privacy Act - Newsroom: Bernie Sanders - U.S. Senator for Vermont - 0 views

www.sanders.senate.gov/...news

surveillance state NSA legislation

shared by Paul Merrell on 15 Jun 13 - No Cached
  • Sen. Bernie Sanders introduced legislation late Thursday to put strict limits on sweeping powers used by the National Security Agency and Federal Bureau of Investigation to secretly track telephone calls by millions of innocent Americans who are not suspected of any wrongdoing. “We must give our intelligence and law enforcement agencies all of the tools that they need to combat terrorism but we must do so in a way that protects our freedom and respects the Constitution’s ban on unreasonable searches,” Sanders said.
  • The legislation filed late yesterday would put limits on records that may be searched. Authorities would be required to establish a reasonable suspicion, based on specific information, in order to secure court approval to monitor business records related to a specific terrorism suspect. Sanders’ bill would put an end to open-ended court orders that have resulted in wholesale data mining by the NSA and FBI. Instead, the government would be required to provide reasonable suspicion to justify searches for each record or document that it wants to examine.
  • The measure would eliminate a presumption in current law that anyone “known to” a suspect is relevant to the investigation. It also would increase congressional oversight by requiring the attorney general to provide reports to all members of Congress, not only members of the judiciary and intelligence committees. The legislation to amend a provision in the so-called USA Patriot Act was prompted by disclosures in The Guardian and The Washington Post that a massive surveillance program relied on an expansive interpretation of that law to justify what had been secret court orders authorizing wholesale surveillance of telephone and Internet records. Sanders voted against the law when it was first enacted in 2001 and when it was reauthorized in 2006 and 2011. To read the bill (S. 1168), click here.
Paul Merrell

Conflict Erupts in Public Rebuke on C.I.A. Inquiry - NYTimes.com - 0 views

www.nytimes.com/...-used-by-senate-committee.html

surveillance state CIA Feinstein Senate-Intelligence-Committee

shared by Paul Merrell on 12 Mar 14 - No Cached
  • A festering conflict between the Central Intelligence Agency and its congressional overseers broke into the open Tuesday when Senator Dianne Feinstein, chairwoman of the Intelligence Committee and one of the C.I.A.’s staunchest defenders, delivered an extraordinary denunciation of the agency, accusing it of withholding information about its treatment of prisoners and trying to intimidate committee staff members investigating the detention program.Describing what she called a “defining moment” for the oversight of American spy agencies, Ms. Feinstein said the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.
  • Ms. Feinstein’s disclosures came a week after it was first reported that the C.I.A. last year had monitored computers used by her staff in an effort to learn how the committee may have gained access to the agency’s own internal review of the detention and interrogation program that became perhaps the most criticized part of the American government’s response to the Sept. 11, 2001, attacks. Ms. Feinstein said the internal review bolstered the conclusions of the committee’s still-classified report on the program, which President Obama officially ended in January 2009 after sharply criticizing it during the 2008 presidential campaign. For an intelligence community already buffeted by controversies over electronic surveillance and armed drone strikes, the rupture with Ms. Feinstein, one of its closest congressional allies, could have broad ramifications.
  • “Feinstein has always pushed the agency in private and defended it in public,” said Amy B. Zegart, who studies intelligence issues at Stanford University. “Now she is skewering the C.I.A. in public. This is a whole new world for the C.I.A.”Ms. Feinstein, who had refused to comment on the dispute between the C.I.A. and her committee, took the Senate floor on Tuesday morning to say the agency’s actions had breached constitutional provisions for the separation of powers and “were a potential effort to intimidate.” “How this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee,” she said.
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  • The dispute came to a head in mid-January when Mr. Brennan told members of the committee that the agency had carried out a search of computers used by committee investigators at a C.I.A. facility in Northern Virginia, where the committee was examining documents the agency had made available for its report. Ms. Feinstein said on Tuesday that during the meeting, Mr. Brennan told her that the C.I.A. had searched a “walled-off committee network drive containing the committee’s own internal work product and communications” and that he was going to “order further forensic evidence of the committee network to learn more about activities of the committee’s oversight staff.”
  • The C.I.A. had carried out the search to determine whether committee investigators may have gained unauthorized access to the internal review of the detention program that the agency had carried out without informing the committee. Ms. Feinstein on Tuesday vigorously disputed this allegation, saying the document had been included — intentionally or not — as part of a dump of millions of pages the C.I.A. had provided for the Intelligence Committee.
  • Mr. Brennan, in a January letter to Ms. Feinstein that a government official who did not want to be identified released on Tuesday, said the committee had not been entitled to the internal review because it contained “sensitive, deliberative, pre-decisional C.I.A. material”— and therefore was protected under executive privilege considerations. The letter, attached to a statement that Mr. Brennan issued to the agency’s employees on Tuesday, raised questions about Ms. Feinstein’s statements earlier in the day concerning at what point the committee came into possession of the internal review. The C.I.A.’s acting general counsel has referred the matter to the Justice Department as a possible criminal offense, a move Ms. Feinstein called a strong-arm tactic by someone with a conflict of interest in the case. She said that that official had previously been a lawyer in the C.I.A.’s Counterterrorism Center — the section of the spy agency that was running the detention and interrogation program — and that his name is mentioned more than 1,600 times in the committee’s report. Ms. Feinstein did not name the lawyer, but she appeared to be referring to Robert Eatinger, the C.I.A.’s senior deputy general counsel. In 2007, The New York Times reported that when a top C.I.A. official in 2005 destroyed videotapes of brutal interrogations of Al Qaeda detainees, Mr. Eatinger had been one of two lawyers to approve their destruction.
  • Ms. Feinstein said that on two occasions in 2010, the C.I.A. had removed documents totaling hundreds of pages from the computer server used by her staff at the Northern Virginia facility. She did not provide any details about the documents, but said that when committee investigators confronted the C.I.A. they received a number of answers — first a denial that the documents had been removed, then an explanation that they had been removed by contractors working at the facility, then an explanation that the removal of documents was ordered by the White House. When the committee approached the White House, she said, it denied giving such an order.Ms. Feinstein’s broadside rallied Senate Democrats, but divided Republicans.
  • Paul Merrell on 12 Mar 14
     
    The separation of powers Constitutional issue here is plain. The Senate has oversight of the CIA; the CIA has no lawful oversight of the Senate and furthermore is forbidden by law from conducting surveillance within the U.S. But the CIA spied on the Senate, then used evidence it found to file a criminal complaint with the DoJ against Senate staffers. Tit for tat, a criminal complaint has been filed against the CIA staffers.   
Paul Merrell

PayPal to Pay $25 Million to Settle CFPB Case - 0 views

www.corporatecrimereporter.com/...25-million-to-settle-cfpb-case

banksters PayPal litigation false-advertising fraud

shared by Paul Merrell on 07 Jul 15 - No Cached
  • By Editor Filed in News May 19th, 2015 @ 11:50 am The Consumer Financial Protection Bureau (CFPB) filed a complaint and proposed consent order in federal court against PayPal, Inc. for illegally signing up consumers for its online credit product, PayPal Credit, formerly known as Bill Me Later. The CFPB alleges that PayPal deceptively advertised promotional benefits that it failed to honor, signed consumers up for credit without their permission, made them use PayPal Credit instead of their preferred payment method, and then mishandled billing disputes.
  • Under the proposed order, PayPal would pay $15 million in consumer redress and a $10 million penalty, and it would be required to improve its disclosures and procedures. “PayPal illegally signed up consumers for its online credit product without their permission and failed to address disputes when they complained,” said CFPB Director Richard Cordray. “Online shopping has become a way of life for many Americans and it’s important that they are treated fairly. The CFPB’s action should send a signal that consumers are protected whether they are opening their wallets or clicking online to make a purchase.”
  • As with credit cards and other forms of credit, consumers using PayPal Credit may incur interest, late fees, and other charges. Consumers often enroll in PayPal Credit while purchasing a good or service online or while creating a PayPal account. Since 2008, PayPal has offered PayPal Credit to consumers across the country making purchases from thousands of online merchants, including eBay. The CFPB alleges that many consumers who were attempting to enroll in a regular PayPal account, or make an online purchase, were signed up for the credit product without realizing it. The company also failed to post payments properly, lost payment checks, and mishandled billing disputes that consumers had with merchants or the company. Tens of thousands of consumers experienced these issues.
Paul Merrell

Pakistan Charges CIA Officials Over Drone Deaths | Al Jazeera America - 0 views

america.aljazeera.com/...-lawyer-over-drone-deaths.html

war & peace drone attacks Pakistan murder-charges CIA U.S.-foreign-policy

shared by Paul Merrell on 08 Apr 15 - No Cached
  • A Pakistani judge on Tuesday ordered criminal charges to be filed against a former CIA lawyer who oversaw the agency’s drone program and a former station chief in Islamabad over a 2009 strike that killed two people. Former acting general counsel John A. Rizzo and former station chief Jonathan Bank must face charges of murder, conspiracy, waging war against Pakistan and terrorism, ruled Justice Shaukat Aziz Siddiqui of the Islamabad High Court. A court clerk and a lawyer involved in the case, Mirza Shahzad Akbar, confirmed details of the ruling. Rizzo and Bank could not be immediately reached for comment. The CIA declined to comment when contacted by Al Jazeera America. Bank’s cover was blown in late 2010 when a Pakistani man, Kareem Khan, threatened to sue the CIA and others for $500 million over the deaths of his sons Zaenullah Khan and Asif Iqbal in a Dec. 31, 2009, strike in the North Waziristan tribal region.
  • As the outrage over the deaths grew, protesters in Islamabad began carrying placards bearing Bank's name, as listed in the lawsuit, and urging him to leave the country. The CIA pulled Bank from the country on Dec. 16, 2010, when he began receiving death threats. His outing spurred questions at the time of whether Pakistan's spy service might have leaked the information, something Islamabad denied. The disclosure didn't prevent Bank from landing another sensitive job. He became chief of the Iran operations division at CIA headquarters in Virginia. He was removed from that post after CIA officials concluded that he created a hostile work environment in the division. He has since been detailed to the Pentagon's intelligence arm.   Rizzo was the CIA's acting general counsel overseeing its drone program. He later left the agency and wrote a book about his experiences at the CIA.  
  • It is estimated that since 2004, the U.S. has carried out over 400 drone strikes in the country, killing anywhere from 421 to 960 civilians, according to the Bureau of Investigative Journalism, which tracks the U.S. campaign. The foundation says the last U.S. drone strike in Pakistan was on Jan. 29 and killed at least six suspected fighters. It is not clear how the judge's ruling will affect relations between Pakistan and the U.S., especially over the drone program. While Pakistan's government often decries the strikes, many believe it allows them to target the insurgents who threaten it. Massive protests against the drone program previously blocked a land route used by NATO forces to resupply troops in neighboring Afghanistan.   Any legal action stands no chance of success unless U.S. officials cooperate with the court, something highly unlikely, given the secretive nature of the drone program, which the CIA rarely publicly discusses.
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  • Under the judge's order, Pakistan's federal police force must file the charges against Rizzo and Bank, though the police have so far refused, reportedly out of a reluctance to upset the country's diplomatic relations with the U.S.
Paul Merrell

Feds operated yet another secret metadata database until 2013 | Ars Technica - 0 views

arstechnica.com/...t-metadata-database-until-2013

surveillance state DEA phone-metadata litigation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • In a new court filing, the Department of Justice revealed that it kept a secret database of telephone metadata—with one party in the United States and another abroad—that ended in 2013. The three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013.
  • The criminal case involves an Iranian-American man named Shantia Hassanshahi, who is accused of violating the American trade embargo against Iran. His lawyer, Mir Saied Kashani, told Ars that the government has clearly abused its authority. "They’ve converted this from a war on drugs to a war on privacy," he said. "[Hassanshahi] is not accused of any drug crime but they used this drug enforcement information to gather information against him, that's contrary to the law, and we will revisit that. We will bring motions in the court and we will appeal if necessary." Neither the DEA nor the Department of Justice immediately responded to Ars' query as to whether this program is continuing under a different authority.
  • The story begins in 2011, when a Department of Homeland Security (DHS) agent received a tip about someone who might be in violation of American sanctions against Iran. The source provided an e-mail from an Iranian businessman, Manoucher Sheiki, who was involved in acquiring power grid equipment. A second Homeland Security agent, Joshua Akronowitz, wrote in a 2013 affidavit that he searched Sheiki’s Iranian phone number in this database, but declined to explain exactly what kind of database it was. Akronowitz found that the Iranian number came up exactly one time in the database, and was linked to an 818 number, based in Los Angeles County. That number turned out to be the Google Voice number of Hassanshahi. DHS then subpoenaed Google, and got Hassanshahi’s call log and later, metadata on his Gmail account. By early 2012, the agency found out that he was set to return to Los Angeles from Iran. At LAX Airport, customs agents seized his phone, laptop, thumb drives, camcorder, and SIM cards and sent them to Homeland Security. Last year, Kashani, Hassanshahi’s lawyer, argued that this evidence should be suppressed on account that it was the "fruit of the poisonous tree"—obtained via illicit means. In support of his arguments, Kashani cited an important ongoing NSA-related lawsuit, Klayman v. Obama, which remains the only instance where a judge has order the NSA metadata program to be shut down—that order was stayed pending an appeal. (Earlier this month, Ars explored Klayman and other pending notable surveillance cases.)
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  • In a December 2014 opinion in the Hassanshahi case, US District Judge Rudolph Contreras allowed the evidence, but also required that the government provide a "declaration summarizing the contours of the law enforcement database used by Homeland Security Investigations to discover Hassanshahi’s phone number, including any limitations on how and when the database may be used." To comply with the judge’s order, Robert Patterson, the assistant special agent in charge of the DEA, wrote in the Thursday filing: As noted, this database was a federal law enforcement database. It could be used to query a telephone number where federal law enforcement officials had a reasonable articulable suspicion that the telephone number at issue was related to an ongoing federal criminal investigation. The Iranian number was determined to meet this standard based on specific information indicating that the Iranian number was being used for the purpose of importing technological goods to Iran in violation of United States law. Previously, the government had not revealed exactly how it began its investigation of Hassanshahi, and only referred cryptically to "[DHS]-accessible law enforcement databases," in Akronowitz’ 2013 and  2014 affidavits.
  • Similarly, other privacy-minded legal experts questioned the government’s tactics in this new revelation. "We just don’t know about the scope of these things, and that’s what’s disturbing," Andrew Crocker, a legal fellow at the Electronic Frontier Foundation, told Ars. His colleague, Hanni Fakhoury, an EFF attorney who used to be a federal public defender, added that he was "not surprised." "Bulk surveillance technologies and the dangerous legal theories that are used to support them trickle down, and here's a prime example of that," he wrote by e-mail. "The DEA's mandate is of course important but not at the level of national security where as you know there are serious legal questions about the propriety of this collection of phone metadata. And if the DEA has a program like this, it wouldn't surprise me if other agencies do too for other sorts of records the government has claimed it can collect with a subpoena (like bank records)."
  • Patrick Toomey, an attorney with the American Civil Liberties Union, chimed in to say that this indeed was a clear example of government overreach. "This disclosure underscores how the government has expanded its use of bulk collection far beyond the NSA and the national-security context, to rely on mass surveillance in ordinary criminal investigations," he said by e-mail. "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," Toomey continued. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
  • Paul Merrell on 18 Jan 15
     
    The authorizing statute clearly limits the scope of the administrative subpoena authority to drug related criminal investigations. "In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation."
Paul Merrell

A Zombie Bill Comes Back to Life: A Look at The Senate's Cybersecurity Information Shar... - 0 views

www.eff.org/...y-information-sharing-act-2014

surveillance state NSA legislation Cybersecurity Bill Feinstein

shared by Paul Merrell on 12 Jul 14 - No Cached
  • The Senate Intelligence Committee recently introduced the Cybersecurity Information Sharing Act of 2014. It’s the fourth time in four years that Congress has tried to pass "cybersecurity" legislation. Unfortunately, the newest Senate bill is one of the worst yet. Cybersecurity bills aim to facilitate information sharing between companies and the government, but they always seem to come with broad immunity clauses for companies, vague definitions, and aggressive spying powers. Given such calculated violence to users' privacy rights, it’s no surprise that these bills fail every year. What is a surprise is that the bills keep coming back from the dead. Last year, President Obama signed Executive Order 13636 (EO 13636) directing the Department of Homeland Security (DHS) to expand current information sharing programs that are far more privacy protective than anything seen in recent cybersecurity bills. Despite this, members of Congress like Rep. Mike Rogers and Senator Dianne Feinstein keep on introducing bills that would destroy these privacy protections and grant new spying powers to companies.
  • Aside from its redundancy, the Senate's bill grants two new authorities to companies. First, the bill authorizes companies to launch countermeasures for a "cybersecurity purpose" against a "cybersecurity threat." "Cybersecurity purpose" is so broadly defined that it means almost anything related to protecting (including physically protecting) an information system, which can be a computer or software. The same goes for a "cybersecurity threat," which includes anything that "may result" in an unauthorized effort to impact the availability of the information system. Combined, the two definitions could be read by companies to permit attacks on machines that unwittingly contribute to network congestion. The countermeasures clause will increasingly militarize the Internet—a prospect that may appeal to some "active defense" (aka offensive) cybersecurity companies, but does not favor the everyday user. Second, the bill adds a new authority for companies to monitor information systems to protect an entity's rights or property. Here again, the broad definitions could be used in conjunction with the monitoring clause to spy on users engaged in potentially innocuous activity. Once collected, companies can then share the information, which is also called “cyber threat indicators,” freely with government agencies like the NSA.
  • Such sharing will occur because under this bill, DHS would no longer be the lead agency making decisions about the cybersecurity information received, retained, or shared to companies or within the government. Its new role in the bill mandates DHS send information to agencies like the NSA—"in real-time and simultaneous[ly]." DHS is even barred from "delay[ing]" or "interfer[ing]" with the information, which ensures that DHS's current privacy protections won’t be applied to the information. The provision is ripe for improper and over-expansive information sharing. This leads to a question: What stops your sensitive personal information from being shared by companies to the government? Almost nothing. Companies must only remove personally identifiable information if the information is known to be US person information and not directly related to the threat. Such a willful blindness approach is inappropriate. Further, the bill does not even impose this weak minimization requirement on information shared by, and within, the government (including federal, state, local, and tribal governments) thereby allowing the government to share information containing personally identifiable information. The bill should require deletion of all information not directly related to a threat.
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  • Once the information is sent to a government agency, it can use the information for reasons other than for cybersecurity purposes. One clause even allows the information to be used to prosecute violations of the Espionage Act—a World War I era law that was meant to prosecute spies but has been used in recent years primarily to go after journalists’ sources. The provisions grant the government far too much leeway in how to use the information for non-cybersecurity purposes. The public won’t even know what information is being collected, shared, or used because the bill will exempt all of it from disclosure under the Freedom of Information Act.
  • The bill also retains near-blanket immunity for companies to monitor information systems, to share information, and to use countermeasures. The high bar immunizes an incredible amount of activity, including negligent damage to property and may deprive private entities of legal recourse if a computer security contractor is at fault for destruction of property. Existing private rights of action for violations of the Wiretap Act, Stored Communications Act, and the Computer Fraud and Abuse Act would be precluded or at least sharply restricted by the clause. It remains to be seen why such immunity is needed when just a few months ago, the FTC and DOJ noted they would not prosecute companies for sharing such information. It's also unclear because we continue to see companies freely share information among each other and with the government both publicly via published reports and privately.
Paul Merrell

Lawmaker Says There More To NSA Spying - Business Insider - 0 views

www.businessinsider.com/here-more-to-nsa-spying-2013-6

surveillance state NSA future-disclosures

shared by Paul Merrell on 04 Jul 13 - No Cached
  • A House Democrat said information revealed about the National Security Agency's secret surveillance programs are "the tip of the iceberg," Daniel Strauss of The Hill reports. "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too," Rep. Loretta Sanchez (D-Calif.) told C-SPAN's "Washington Journal" after a classified briefing with national security officials. Rep. Joe Barton (R-Texas), who also attended the meeting, said that the NSA "violated the spirit of the law when it started collecting data from everyone in the country just because technology now makes that possible.” Barton added that "in America ... You don’t target everyone and violate their 4th Amendment rights just because of a handful of threats. But that is exactly what is happening at the NSA ... it is wrong and it needs to stop now.” More from Sanchez: "I don't know if there are other leaks, if there's more information somewhere, if somebody else is going to step up, but I will tell you that I believe it's the tip of the iceberg."
  • A House Democrat said information revealed about the National Security Agency's secret surveillance programs are "the tip of the iceberg," Daniel Strauss of The Hill reports. "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too," Rep. Loretta Sanchez (D-Calif.) told C-SPAN's "Washington Journal" after a classified briefing with national security officials. Rep. Joe Barton (R-Texas), who also attended the meeting, said that the NSA "violated the spirit of the law when it started collecting data from everyone in the country just because technology now makes that possible.” Barton added that "in America ... You don’t target everyone and violate their 4th Amendment rights just because of a handful of threats. But that is exactly what is happening at the NSA ... it is wrong and it needs to stop now.”
  • Glenn Greenwald of the Guardian, who has served as a conduit for Snowden's leaks, recently said that there will me many more "significant revelations that have not yet been heard." Greenwald told The New York Times that he received “thousands” of classified documents — “dozens” of which are newsworthy — from the the 29-year-old ex-Booz Allen employee who was contracted by the NSA. Sanchez said that what lawmakers learned "is significantly more than what is out in the media today," which is interesting when considering previous reports by journalists and whistleblowers.
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  • Here's a rundown of the reports and the allegations: In 2006 NSA insiders told Leslie Cauley of USA Today that the NSA has been collecting almost all U.S. phone records since shortly after 9/11. In 2010 Dana Priest and William Arkin of The Washington Post reported that "collection systems at the [NSA] intercept and store 1.7 billion emails, phone calls, and other types of communications" every day. According to a 2007 lawsuit, Verizon built a fiber optic cable to give the "access to all communications flowing through the carrier’s operations center." In April 2012 Wired's James Bamford reported how the U.S. government hired two secretive Israeli companies to wiretap AT&T. AT&T engineer Mark Klein discovered the "secret room" at AT&T central office in San Francisco, through which the NSA actively "vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T" through the wiretapping rooms, emphasizing that "much of the data sent through AT&T to the NSA was purely domestic." Former NSA executive and whistleblower Thomas Drake testified that the NSA is using Israeli-made hardware to "seize and save all personal electronic communications."
  • A classified program called Prism, leaked by Snowden, appears to acquire information from the servers of nine of the biggest internet companies. The Washington Post reported that the government's orders "serve as one-time blanket approvals for data acquisition and surveillance on selected foreign targets for periods of as long as a year." NSA Whistleblower William Binney that the NSA began using the program he built (i.e. ThinThread) to use communications data for creating, in real time, profiles of nearly all Americans so that the government is "able to monitor what people are doing" and who they are doing it with. In July the Foreign Intelligence Surveillance Court (FISC), established to "hear applications for and grant orders approving electronic surveillance," found that the NSA violated the Fourth Amendment's restriction against unreasonable searches and seizures "on at least one occasion." BONUS: In March CIA Chief Technology Officer Ira "Gus" Hunt said: "It is really very nearly within our grasp to be able to compute on all human generated information." If there is "significantly more" to the NSA's domestic snooping, then we're all ears and eyes.
Paul Merrell

Remember when Obama said the NSA wasn't "actually abusing" its powers? He was wrong. - 1 views

www.washingtonpost.com/...busing-its-powers-he-was-wrong

surveillance state NSA Obama lies

shared by Paul Merrell on 06 Sep 13 - No Cached
  • At a news conference Friday, President Obama insisted that the threat of NSA abuses was mostly theoretical: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused. Now part of the reason they’re not abused is because they’re — these checks are in place, and those abuses would be against the law and would be against the orders of the FISC [Foreign Intelligence Surveillance Court]. Today our colleague Barton Gellman released new documents that contradicted Obama’s claims. Gellman obtained an audit of the NSA’s compliance record from NSA leaker Snowden earlier this summer. The audit, dated May 2012, counted 2,776 incidents in the preceding 12 months where the agency engaged in “unauthorized collection, storage, access to or distribution of legally protected communications.” The audit only covered issues at NSA facilities in the D.C. and Fort Meade areas.
  • Obama said that wasn’t supposed to happen because it would be “against the orders of the FISC.” So why didn’t the judges on the court catch these abuses? In another story broken by The Post today, the chief of the Foreign Intelligence Surveillance Act (FISA) Court admits he doesn’t actually have the capability to investigate the compliance record of NSA surveillance programs:
  • Under the FISA regime, the government doesn’t have to seek permission for individual surveillance targets. Instead, it seeks FISC approval for broad schemes of surveillance like PRISM and the phone records program. But that makes it extremely difficult for the FISC to check the court’s work, since the NSA can — and, apparently, did — hide misconduct from the court that’s supposedly supervising its activities.
Paul Merrell

NSA 'secret backdoor' paved way to U.S. phone, e-mail snooping | Politics and Law - CNE... - 0 views

news.cnet.com/...y-to-u.s-phone-e-mail-snooping

surveillance state NSA Obama lies must-read

shared by Paul Merrell on 17 Aug 13 - No Cached
  • The National Security Agency created a "secret backdoor" so its massive databases could be searched for the contents of U.S. citizens' confidential phone calls and e-mail messages without a warrant, according to the latest classified documents leaked by Edward Snowden. A report in the Guardian on Friday quoted Sen. Ron Wyden, an Oregon Democrat who serves on the Senate Intelligence Committee, as saying the secret rule offers a loophole allowing "warrantless searches for the phone calls or emails of law-abiding Americans." That appears to confirm what Rep. Jerrold Nadler, a New York Democrat, said in June after receiving a classified briefing from administration officials a few days earlier on the extent of the NSA's domestic surveillance operations. If the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required, Nadler said he had been told during the briefing. "I was rather startled," said Nadler, an attorney who serves on the House Judiciary Committee.
  • FBI Director Robert Mueller responded by assuring Nadler, according to a transcript of the hearing, that to "listen to the phone," the government would need "a particularized order" from the Foreign Intelligence Surveillance Court -- a claim that is contradicted by today's Guardian report and other documents. Mueller has been succeeded by James Comey, who was confirmed last month by the Senate. In response to a CNET article at the time, Director of National Intelligence James Clapper released a statement saying: "The statement that a single analyst can eavesdrop on domestic communications without proper legal authorization is incorrect and was not briefed to Congress." Clapper never elaborated, however, on what "proper" authorization would be. Today's top-secret document leaked by Snowden reveals that "procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data."
  • FAA 702 is a reference to section 702 of a 2008 law that amended the Foreign Intelligence Surveillance Act. Those amendments created a warrantless surveillance process that could be employed by NSA analysts, but Congress never intended it to be used domestically against American citizens: A congressional report accompanying the law claimed it allows electronic surveillance only of "persons located outside the United States in order to acquire foreign intelligence information." In reality, though, the Obama Justice Department has devised secret interpretations of FAA 702 carving out loopholes in what were intended to be strict privacy safeguards. One loophole revealed in June shows that NSA, CIA, and FBI analysts are granted broad access to data vacuumed up by the world's most powerful intelligence agency -- but are supposed to follow certain "targeting" and "minimization" procedures to limit the number of Americans who become individual targets of warrantless surveillance.
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  • Today's disclosures appear to be at odds with what President Obama has said over the last two months in defense of NSA surveillance. "What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails," Obama has said. Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls -- in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established "listening posts" that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, "whether they originate within the country or overseas." That includes not just metadata, but also the contents of the communications.
  • AT&T and other telecommunications companies that allow the NSA to tap into their fiber links receive absolute immunity from civil liability or criminal prosecution, thanks to Section 702 of the FISA Amendments Act, which Congress renewed in 2012. It says that any civil lawsuit "against any person for providing assistance to an element of the intelligence community...shall be promptly dismissed." Section 702 of the law says surveillance may be authorized by the attorney general and director of national intelligence without prior approval by the secret Foreign Intelligence Surveillance Court -- in practice, this means analysts at the NSA and other agencies with intelligence functions -- as long as minimization requirements and general procedures blessed by the court are followed. It's unclear whether the court has approved the "secret backdoor" allowing Americans' e-mail and phone messages to be targeted for domestic surveillance.
Paul Merrell

IC ON THE RECORD - 0 views

icontherecord.tumblr.com

surveillance state NSA FBI ICR disclosures

shared by Paul Merrell on 22 Aug 13 - No Cached
  • Paul Merrell on 22 Aug 13
     
    New Office of the Director of National Intelligence Tumblr web site that Obama ordered to be created, collecting information about the U.S. Intelligence Community, IC on the Record. Presumably "IC" stands for "Intelligence Community."  Content includes declassified documents, official statements, testimony, and other materials. I'll aim to mark any pages bookmarked from this site with an "ICR" tag. 
Paul Merrell

Secret Spy Court Demands Surveillance Transparency From Feds | Threat Level | Wired.com - 0 views

www.wired.com/...secret-spy-court

security state FISA Court disclosures

shared by Paul Merrell on 18 Sep 13 - No Cached
  • The secret spy court at the center of NSA whistleblower Edward Snowden’s leaks today ordered the government to begin declassifying its opinions involving the Patriot Act. The court, set up in 1978, said the move “would contribute to an informed public debate” (.pdf) by shedding light on interpretations of a surveillance law that requires the nation’s phone carriers to hand over to the NSA metadata associated with every call in the United States.
Paul Merrell

N.S.A. Report Outlined Goals for More Power - NYTimes.com - 0 views

www.nytimes.com/...ined-goals-for-more-power.html

surveillance state NSA NSA-ambitions

shared by Paul Merrell on 25 Nov 13 - No Cached
  • Officials at the National Security Agency, intent on maintaining its dominance in intelligence collection, pledged last year to push to expand its surveillance powers, according to a top-secret strategy document.
  • In a February 2012 paper laying out the four-year strategy for the N.S.A.’s signals intelligence operations, which include the agency’s eavesdropping and communications data collection around the world, agency officials set an objective to “aggressively pursue legal authorities and a policy framework mapped more fully to the information age.” Written as an agency mission statement with broad goals, the five-page document said that existing American laws were not adequate to meet the needs of the N.S.A. to conduct broad surveillance in what it cited as “the golden age of Sigint,” or signals intelligence. “The interpretation and guidelines for applying our authorities, and in some cases the authorities themselves, have not kept pace with the complexity of the technology and target environments, or the operational expectations levied on N.S.A.’s mission,” the document concluded. Using sweeping language, the paper also outlined some of the agency’s other ambitions. They included defeating the cybersecurity practices of adversaries in order to acquire the data the agency needs from “anyone, anytime, anywhere.” The agency also said it would try to decrypt or bypass codes that keep communications secret by influencing “the global commercial encryption market through commercial relationships,” human spies and intelligence partners in other countries. It also talked of the need to “revolutionize” analysis of its vast collections of data to “radically increase operational impact.”
  • The N.S.A. document, titled “Sigint Strategy 2012-2016,” does not make clear what legal or policy changes the agency might seek. The N.S.A.’s powers are determined variously by Congress, executive orders and the nation’s secret intelligence court, and its operations are governed by layers of regulations. While asserting that the agency’s “culture of compliance” would not be compromised, N.S.A. officials argued that they needed more flexibility, according to the paper. Senior intelligence officials, responding to questions about the document, said that the N.S.A. believed that legal impediments limited its ability to conduct surveillance of terrorism suspects inside the United States. Despite an overhaul of national security law in 2008, the officials said, if a terrorism suspect who is under surveillance overseas enters the United States, the agency has to stop monitoring him until it obtains a warrant from the Foreign Intelligence Surveillance Court. “N.S.A.’s Sigint strategy is designed to guide investments in future capabilities and close gaps in current capabilities,” the agency said in a statement. “In an ever-changing technology and telecommunications environment, N.S.A. tries to get in front of issues to better fulfill the foreign-intelligence requirements of the U.S. government.”
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  • Critics, including some congressional leaders, say that the role of N.S.A. surveillance in thwarting terrorist attacks — often cited by the agency to justify expanded powers — has been exaggerated. In response to the controversy about its activities after Mr. Snowden’s disclosures, agency officials claimed that the N.S.A.’s sweeping domestic surveillance programs had helped in 54 “terrorist-related activities.” But under growing scrutiny, congressional staff members and other critics say that the use of such figures by defenders of the agency has drastically overstated the value of the domestic surveillance programs in counterterrorism. Agency leaders believe that the N.S.A. has never enjoyed such a target-rich environment as it does now because of the global explosion of digital information — and they want to make certain that they can dominate “the Sigint battle space” in the future, the document said. To be “optimally effective,” the paper said, “legal, policy and process authorities must be as adaptive and dynamic as the technological and operational advances we seek to exploit.” Intent on unlocking the secrets of adversaries, the paper underscores the agency’s long-term goal of being able to collect virtually everything available in the digital world. To achieve that objective, the paper suggests that the N.S.A. plans to gain greater access, in a variety of ways, to the infrastructure of the world’s telecommunications networks.
  • Yet the paper also shows how the agency believes it can influence and shape trends in high-tech industries in other ways to suit its needs. One of the agency’s goals is to “continue to invest in the industrial base and drive the state of the art for high performance computing to maintain pre-eminent cryptanalytic capability for the nation.” The paper added that the N.S.A. must seek to “identify new access, collection and exploitation methods by leveraging global business trends in data and communications services.” And it wants to find ways to combine all of its technical tools to enhance its surveillance powers. The N.S.A. will seek to integrate its “capabilities to reach previously inaccessible targets in support of exploitation, cyberdefense and cyberoperations,” the paper stated. The agency also intends to improve its access to encrypted communications used by individuals, businesses and foreign governments, the strategy document said. The N.S.A. has already had some success in defeating encryption, The New York Times has reported, but the document makes it clear that countering “ubiquitous, strong, commercial network encryption” is a top priority. The agency plans to fight back against the rise of encryption through relationships with companies that develop encryption tools and through espionage operations. In other countries, the document said, the N.S.A. must also “counter indigenous cryptographic programs by targeting their industrial bases with all available Sigint and Humint” — human intelligence, meaning spies.
  • Above all, the strategy paper suggests the N.S.A.’s vast view of its mission: nothing less than to “dramatically increase mastery of the global network.” Other N.S.A. documents offer hints of how the agency is trying to do just that. One program, code-named Treasure Map, provides what a secret N.S.A. PowerPoint presentation describes as “a near real-time, interactive map of the global Internet.” According to the undated PowerPoint presentation, disclosed by Mr. Snowden, Treasure Map gives the N.S.A. “a 300,000 foot view of the Internet.”  Relying on Internet routing data, commercial and Sigint information, Treasure Map is a sophisticated tool, one that the PowerPoint presentation describes as a “massive Internet mapping, analysis and exploration engine.” It collects Wi-Fi network and geolocation data, and between 30 million and 50 million unique Internet provider addresses — code that can reveal the location and owner of a computer, mobile device or router — are represented each day on Treasure Map, according to the document. It boasts that the program can map “any device, anywhere, all the time.”  The documents include addresses labeled as based in the “U.S.,” and because so much Internet traffic flows through the United States, it would be difficult to map much of the world without capturing such addresses.
  • The program takes advantage of the capabilities of other secret N.S.A. programs. To support Treasure Map, for example, the document states that another program, called Packaged Goods, tracks the “traceroutes” through which data flows around the Internet. Through Packaged Goods, the N.S.A. has gained access to “13 covered servers in unwitting data centers around the globe,” according to the PowerPoint. The document identifies a list of countries where the data centers are located, including Germany, Poland, Denmark, South Africa and Taiwan as well as Russia, China and Singapore.
Paul Merrell

M of A - Obama and Putin Agreed To Screw Erdogan? - 0 views

www.moonofalabama.org/...n-agreed-to-screw-erdogan.html

war & peace Syria Turkey Kurds safe-zones U.S.-foreign-policy

shared by Paul Merrell on 13 Oct 15 - No Cached
  • It's official! The New York Times finally admits that the "CIA rebels" in Syria who received tons of TOW anti-tank missiles are working under the field command of al-Qaeda/Jabhat al Nusra: Rebel commanders scoffed when asked about reports of the delivery of 500 TOWs from Saudi Arabia, saying it was an insignificant number compared with what is available. Saudi Arabia in 2013 ordered more than 13,000 of them. Given that American weapons contracts require disclosure of the “end user,” insurgents said they were being delivered with Washington’s approval. But, be assured, because these "CIA rebels" feel bad about it, they are still "moderate" or somewhat "relative moderate". Advancing alongside the Islamist groups, and sometimes aiding them, have been several of the relatively secular groups, like the Free Syrian Army, which have gained new prominence and status because of their access to the TOWs. ... It is a tactical alliance that Free Syrian Army commanders describe as an uncomfortable marriage of necessity, because they cannot operate without the consent of the larger and stronger Nusra Front. But Mr. Assad and his allies cite the arrangement as proof that there is little difference between insurgent groups, calling them all terrorists that are legitimate targets.
  • That these "relative secular" al-Qaeda auxiliaries are threatening suicide attacks against Russians only confirms their secularism. Judging from the reader comments to that NYT piece the U.S. people are pretty aghast about this now openly admitted cooperation. They, and a realist op-ed in the NYT, call for cooperation with Russia and the Syrian government. There may already be more cooperation between Russia and the U.S. than we can see. At least that is what the Turkish President Erdogan perceives. Yesterday the U.S. dropped 50 tons of small weapons and munition to Kurdish fighters in north east Syria. According the U.S. justification for this those Kurds along with some Arab Syrian tribals are supposed to attack the Islamic State in Raqqa. (Those Arab tribals are by the way just a bunch of worthless thieves. This according to the Voice of America(!).) But the Kurds do not seem to know about those Raqqa plans anyway. They have different aims:
  • U.S. officials hope the YPG will now turn its attention to Raqqa, the Syrian city that is the defacto capital of the Islamic State, which lies just 60 miles south of Tal Abyad, a border town the YPG seized from the Islamic State in June, with U.S. help. But PYD spokesman Can said the Kurdish group’s first priority is to link the Kurdish enclave of Afrin, northwest of the Syrian city of Aleppo, with Kobani, the Kurdish enclave northeast of Aleppo. That would mean clearing the Islamic State from villages along 60 miles of the Turkey-Syria border, in particular the border town of Jarablus. “Our prime and most important goal is to liberate Jarablus and to connect Kobani with Afrin,” Can told McClatchy. Capturing Raqqa, a mostly Arab city, is “not really” a PYD objective, he said. “Not for now,” he said. That is just as I suspected the Kurds to react. But why did the U.S. officials claim that these Kurds and the collection of thieves would attack Raqqa? Did they not coordinate with them or was that Raqqa story a ruse? The Turks seem to assume such and they accuse the U.S. as well as Russia of coordinating with the Kurds to seal the border with Turkey: Turkey warns U.S., Russia against backing Kurdish militia in Syria
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  • Turkey has warned the United States and Russia it will not tolerate Kurdish territorial gains by Kurdish militia close to its frontiers in north-western Syria, two senior officials said. "This is clear cut for us and there is no joking about it," one official said of the possibility of Syrian Kurdish militia crossing the Euphrates to extend control along Turkish borders from Iraq's Kurdistan region towards the Mediterranean coast. ... "The PYD has been getting closer with both the United States and Russia of late. We view the PYD as a terrorist group and we want all countries to consider the consequences of their cooperation," one of the Turkish officials said. Turkey suspects Russia, which launched air strikes in Syria two weeks ago, has also been lending support to the YPG and PYD. "With support from Russia, the PYD is trying to capture land between Jarablus and Azaz, going west of the Euphrates. We will never accept this," the official said.
  • Is there now really coordination between Russia and the U.S. to seal the Syrian-Turkish border witch would cut off the Islamic State but also the al-Qaeda "CIA rebels" from their supplies? This would destroy all Turkish plans for Syria: a "safe zone" in Syria under Turkman control, a Sunni ruled pipeline corridor from Qatar to Europe, the Turkish-Ottoman annexation of Aleppo. Turkey would be pushed back into a secondary role. Do Russia and the U.S. now really make common cause and decided to screw Erdogan? This would make sense if the destruction of the Islamic State and all other terrorists in Syria is the common aim. That would be a change in the Obama administration's policy. Up to now it only helped the "salafist principality" to grow and never seriously attacked it. And if there is such cooperation why does the U.S still deliver thousands of TOWs to al-Qaeda which only kill more Syrians and prolong the fighting?
  • Paul Merrell on 13 Oct 15
     
    Cutting off the ISIL and al-Nusrah supply lines from Turkey would indeed create problems for Turkish (and U.S. neocon) plans. 
Paul Merrell

If the Supreme Court tackles the NSA in 2015, it'll be one of these five cases | Ars Te... - 0 views

arstechnica.com/...tll-be-one-of-these-five-cases

surveillance state NSA pending-litigation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • Roughly a year and a half since the first Snowden disclosures, there's already been a judicial order to shut down the National Security Agency's bulk metadata collection program. The lawsuit filed by Larry Klayman, a veteran conservative activist, would essentially put a stop to unchecked NSA surveillance. And at the start of 2015, he remains the only plaintiff whose case has won when fighting for privacy against the newly understood government monitoring. However, it's currently a victory in name only—the judicial order in Klayman was stayed pending the government’s appeal.
  • Klayman v. Obama is only one of a number of notable national security and surveillance-related civil and criminal cases stemming fully or partially from the Snowden documents. In 2014, a handful of these advanced far enough through the legal system that 2015 is likely to be a big year for privacy policy. One or more could even end up before the Supreme Court. "I think it's impossible to tell which case will be the one that does it, but I believe that, ultimately, the Supreme Court will have to step in and decide the constitutionality of some of the NSA's practices," Mark Rumold, an attorney with the Electronic Frontier Foundation, told Ars. Rumold is one of the attorneys in First Unitarian Church, a case that is challenging government surveillance much like Klayman. Along with that pair, headline watchers should set alerts for cases such as American Civil Liberties Union (ACLU) v. Clapper, United States v. Moalin, and United States v. Muhtorov. Not only are there several other related cases that will likely be influenced by these decisions, but those five cases represent the strongest and most direct legal challenges to the current NSA surveillance state.
  • Before outlining the relevant cases, it's important to note the government's general justification for the legality of bulk metadata collection: the third-party doctrine. This theory was codified most recently from a 1979 Supreme Court decision in Smith v. Maryland. In the case, the court found that individuals do not have an inherent privacy right to data that has already been disclosed to a third party. So with telecom data for instance, the government has posited that because a call from one person to another forcibly transits Verizon’s network, those two parties have already shared that data with Verizon. Therefore, the government argues, such data can't be private, and it’s OK to collect it. But legal experts say that recent surveillance and privacy Supreme Court decisions could lead the courts to reconsider. The first Snowden revelation (published in June 2013) was that Verizon (and presumably other telecom firms) are routinely handing over all call records to the NSA. The metadata records include the date, times, and lengths of the calls.
  • Paul Merrell on 18 Jan 15
     
    Joe Mullins does an excellent job of outlining the major pending cases that challenge NSA surveillance of U.S. citizens and the state of relevant case law.  At least one of those cases is likely to arrive in the Supreme Court during 2015. 
Paul Merrell

Obama to propose legislation to protect firms that share cyberthreat data - The Washing... - 0 views

www.washingtonpost.com/...4-bcfb-059ec7a93ddc_story.html

surveillance state U.S. digital-privacy legislation

shared by Paul Merrell on 19 Jan 15 - No Cached
  • President Obama plans to announce legislation Tuesday that would shield companies from lawsuits for sharing computer threat data with the government in an effort to prevent cyber­attacks. On the heels of a destructive attack at Sony Pictures Entertainment and major breaches at JPMorgan Chase and retail chains, Obama is intent on capitalizing on the heightened sense of urgency to improve the security of the nation’s networks, officials said. “He’s been doing everything he can within his executive authority to move the ball on this,” said a senior administration official who spoke on the condition of anonymity to discuss legislation that has not yet been released. “We’ve got to get something in place that allows both industry and government to work more closely together.”
  • The legislation is part of a broader package, to be sent to Capitol Hill on Tuesday, that includes measures to help protect consumers and students against ­cyberattacks and to give law enforcement greater authority to combat cybercrime. The provision’s goal is to “enshrine in law liability protection for the private sector for them to share specific information — cyberthreat indicators — with the government,” the official said. Some analysts questioned the need for such legislation, saying there are adequate measures in place to enable sharing between companies and the government and among companies.
  • “We think the current information-sharing regime is adequate,” said Mark Jaycox, legislative analyst at the Electronic Frontier Foundation, a privacy group. “More companies need to use it, but the idea of broad legal immunity isn’t needed right now.” The administration official disagreed. The lack of such immunity is what prevents many companies from greater sharing of data with the government, the official said. “We have heard that time and time again,” the official said. The proposal, which builds on a 2011 administration bill, grants liability protection to companies that provide indicators of cyberattacks and threats to the Department of Homeland Security.
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  • But in a provision likely to raise concerns from privacy advocates, the administration wants to require DHS to share that information “in as near real time as possible” with other government agencies that have a cybersecurity mission, the official said. Those include the National Security Agency, the Pentagon’s ­Cyber Command, the FBI and the Secret Service. “DHS needs to take an active lead role in ensuring that unnecessary personal information is not shared with intelligence authorities,” Jaycox said. The debates over government surveillance prompted by disclosures from former NSA contractor Edward Snowden have shown that “the agencies already have a tremendous amount of unnecessary information,” he said.
  • The administration official stressed that the legislation will require companies to remove unnecessary personal information before furnishing it to the government in order to qualify for liability protection. It also will impose limits on the use of the data for cybersecurity crimes and instances in which there is a threat of death or bodily harm, such as kidnapping, the official said. And it will require DHS and the attorney general to develop guidelines for the federal government’s use and retention of the data. It will not authorize a company to take offensive cyber-measures to defend itself, such as “hacking back” into a server or computer outside its own network to track a breach. The bill also will provide liability protection to companies that share data with private-sector-developed organizations set up specifically for that purpose. Called information sharing and analysis organizations, these groups often are set up by particular industries, such as banking, to facilitate the exchange of data and best practices.
  • Efforts to pass information-sharing legislation have stalled in the past five years, blocked primarily by privacy concerns. The package also contains provisions that would allow prosecution for the sale of botnets or access to armies of compromised computers that can be used to spread malware, would criminalize the overseas sale of stolen U.S. credit card and bank account numbers, would expand federal law enforcement authority to deter the sale of spyware used to stalk people or commit identity theft, and would give courts the authority to shut down botnets being used for criminal activity, such as denial-of-service attacks.
  • It would reaffirm that federal racketeering law applies to cybercrimes and amends the Computer Fraud and Abuse Act by ensuring that “insignificant conduct” does not fall within the scope of the statute. A third element of the package is legislation Obama proposed Monday to help protect consumers and students against cyberattacks. The theft of personal financial information “is a direct threat to the economic security of American families, and we’ve got to stop it,” Obama said. The plan, unveiled in a speech at the Federal Trade Commission, would require companies to notify customers within 30 days after the theft of personal information is discovered. Right now, data breaches are handled under a patchwork of state laws that the president said are confusing and costly to enforce. Obama’s plan would streamline those into one clear federal standard and bolster requirements for companies to notify customers. Obama is proposing closing loopholes to make it easier to track down cybercriminals overseas who steal and sell identities. “The more we do to protect consumer information and privacy, the harder it is for hackers to damage our businesses and hurt our economy,” he said.
  • In October, Obama signed an order to protect consumers from identity theft by strengthening security features in credit cards and the terminals that process them. Marc Rotenberg, executive director of the Electronic Privacy Information Center, said there is concern that a federal standard would “preempt stronger state laws” about how and when companies have to notify consumers. The Student Digital Privacy Act would ensure that data entered would be used only for educational purposes. It would prohibit companies from selling student data to third-party companies for purposes other than education. Obama also plans to introduce a Consumer Privacy Bill of Rights. And the White House will host a summit on cybersecurity and consumer protection on Feb. 13 at Stanford University.
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo d... - 0 views

www.miamiherald.com/...article9765239.html

war & peace 9-11 terrorists™ litigation CIA torture black-sites translator

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
  • Paul Merrell on 13 Feb 15
     
    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
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