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Paul Merrell

After Brit spies 'snoop' on families' lawyers, UK govt admits: We flouted human rights ... - 0 views

  • The British government has admitted that its practice of spying on confidential communications between lawyers and their clients was a breach of the European Convention on Human Rights (ECHR). Details of the controversial snooping emerged in November: lawyers suing Blighty over its rendition of two Libyan families to be tortured by the late and unlamented Gaddafi regime claimed Her Majesty's own lawyers seemed to have access to the defense team's emails. The families' briefs asked for a probe by the secretive Investigatory Powers Tribunal (IPT), a move that led to Wednesday's admission. "The concession the government has made today relates to the agencies' policies and procedures governing the handling of legally privileged communications and whether they are compatible with the ECHR," a government spokesman said in a statement to the media, via the Press Association. "In view of recent IPT judgments, we acknowledge that the policies applied since 2010 have not fully met the requirements of the ECHR, specifically Article 8. This includes a requirement that safeguards are made sufficiently public."
  • The guidelines revealed by the investigation showed that MI5 – which handles the UK's domestic security – had free reign to spy on highly private and sensitive lawyer-client conversations between April 2011 and January 2014. MI6, which handles foreign intelligence, had no rules on the matter either until 2011, and even those were considered void if "extremists" were involved. Britain's answer to the NSA, GCHQ, had rules against such spying, but they too were relaxed in 2011. "By allowing the intelligence agencies free rein to spy on communications between lawyers and their clients, the Government has endangered the fundamental British right to a fair trial," said Cori Crider, a director at the non-profit Reprieve and one of the lawyers for the Libyan families. "For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years."
  • Crider said it now seemed probable that UK snoopers had been listening in on the communications over the Libyan case. The British government hasn't admitted guilt, but it has at least acknowledged that it was doing something wrong – sort of. "It does not mean that there was any deliberate wrongdoing on the part of the security and intelligence agencies, which have always taken their obligation to protect legally privileged material extremely seriously," the government spokesman said. "Nor does it mean that any of the agencies' activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings. The agencies will now work with the independent Interception of Communications Commissioner to ensure their policies satisfy all of the UK's human rights obligations." So that's all right, then.
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    If you follow the "November" link you'[l learn that yes, indeed, the UK government lawyers were happily getting the content of their adversaries privileged attorney-client communications. Conspicuously, the promises of reform make no mention of what is surely a disbarment offense in the U.S. I doubt that it's different in the UK. Discovery rules of procedure strictly limit how parties may obtain information from the other side. Wiretapping the other side's lawyers is not a permitted from of discovery. Hopefully, at least the government lawyers in the case in which the misbehavior was discovered have been referred for disciplinary action.  
Paul Merrell

Barack Obama's Secret Terrorist-Tracking System, by the Numbers - The InterceptThe Inte... - 0 views

  • Nearly half of the people on the U.S. government’s widely shared database of terrorist suspects are not connected to any known terrorist group, according to classified government documents obtained by The Intercept. Of the 680,000 people caught up in the government’s Terrorist Screening Database—a watchlist of “known or suspected terrorists” that is shared with local law enforcement agencies, private contractors, and foreign governments—more than 40 percent are described by the government as having “no recognized terrorist group affiliation.” That category—280,000 people—dwarfs the number of watchlisted people suspected of ties to al Qaeda, Hamas, and Hezbollah combined. The documents, obtained from a source in the intelligence community, also reveal that the Obama Administration has presided over an unprecedented expansion of the terrorist screening system. Since taking office, Obama has boosted the number of people on the no fly list more than ten-fold, to an all-time high of 47,000—surpassing the number of people barred from flying under George W. Bush. “If everything is terrorism, then nothing is terrorism,” says David Gomez, a former senior FBI special agent. The watchlisting system, he adds, is “revving out of control.”
  • Most people placed on the government’s watchlist begin in a larger, classified system known as the Terrorist Identities Datamart Environment (TIDE). The TIDE database actually allows for targeting people based on far less evidence than the already lax standards used for placing people on the watchlist. A more expansive—and invasive—database, TIDE’s information is shared across the U.S. intelligence community, as well as with commando units from the Special Operations Command and with domestic agencies such as the New York City Police Department. In the summer of 2013, officials celebrated what one classified document prepared by the National Counterterrorism Center refers to as “a milestone”—boosting the number of people in the TIDE database to a total of one million, up from half a million four years earlier.
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    How do we dismantle the Politics of Fear? 
Paul Merrell

NSA Reform Bill Dies As Republicans Hype Threats From Islamic State - The Intercept - 0 views

  • Senate Republicans, ratcheting up their rhetoric about the threat posed by the Islamic State, on Tuesday night sank the only significant legislative attempt to rein in the National Security Agency in the nearly year and a half since  American citizens first learned they were being spied on by their own government. The procedural vote to move forward on the USA Freedom Act required 60 votes. It received 58. All but one Democrat and four libertarian-leaning Republicans voted in favor of the bill. The rest of the Republicans — including libertarian firebrand Rand Paul (R-Ky.) —  voted against, along with Florida Democrat Bill Nelson. (Here’s the rollcall of the vote.)
  • During a brief debate before the vote, Georgia Republican Saxby Chambliss warned that members of the Islamic State “want people to walk the streets of New York… and start killing people.”  And, displaying either a real or feigned ignorance of the extraordinary latitude the NSA will continue to enjoy when it comes to spying on international communications, he suggested that the bulk collection of domestic phone records was necessary to ferret out such plans. (Watch video of the debate.)
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    Two federal courts of appeals should be issuing opinions soon on the constitutionality of the NSA program at issue. I put the odds at about 99-1 that the government loses both cases. 
Paul Merrell

The CIA and Signals Intelligence - 0 views

  • The CIA and Signals Intelligence Formerly Top-Secret Multi-Volume History Details Spy Agency’s Conflicts with NSA and Military over SIGINT Role Additional Declassified Documents Describe CIA Domestic and Foreign SIGINT Activity CIA Role Often Put It in Direct Competition with NSA, but Recent Cooperation Made Possible Controversial Exploits Uncovered by Edward Snowden National Security Archive Electronic Briefing Book No. 506
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