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Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
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    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Paul Merrell

North Dakota Allows Cops To Arm Their Drones With Tasers And Tear Gas | ThinkProgress - 0 views

  • There’s a new sheriff on the high plains. Or rather, just above them. North Dakota’s police agencies can fly drones armed with Tasers, tear gas, bean-bag cannons, and other “less-lethal” weapons, thanks to fierce lobbying from the law enforcement industry on a bill that was initially meant to restrict police use of the flying robots rather than outfit them with weapons. While other local police departments have flirted with weaponizing their drones, North Dakota is the first state to explicitly allow the armaments. When State Rep. Rick Becker introduced H.B. 1328, the law both banned weaponized drones and established a procedure for law enforcement to seek a warrant before using drones in searches. Only the warrant requirement survived. After stiff lobbying and a multi-stage public relations effort by law enforcement and drone proponents, first reported by The Daily Beast, the version of the bill that ultimately passed authorized police to arm their unmanned aerial vehicles with sound cannons, pepper spray, and other weapons not designed to kill. The weaponization of law enforcement drones could facilitate police abuse of force. Military drone pilots can develop a “Playstation mentality” toward their deadly work, according to United Nations official. The physical remove of a drone pilot desensitizes him, the thinking goes, and makes it easier to be rash about deploying his armaments. Pilots themselves contest this desensitization claim, however, and there’s reason to think military drone operators experience post-traumatic stress disorder despite sitting far from the battlefield.
  • Police drones won’t have Hellfire missiles, of course. But the weapons North Dakota’s law enforcement drones are authorized to use under state law are still capable of causing serious injury and death. 39 people have been killed by police Tasers in 2015 thusfar, according to The Guardian. Rubber bullets can kill, and most non-lethal weapons can inflict grievous and lasting harm. Law enforcement operations are already monitoring civil rights activists affiliated with the Black Lives Matter movement, using a combination of undercover officers, social media snooping, and cell phone monitoring technology called Stingray. An FBI-provided aerial surveillance plane was also on hand during the unrest in Baltimore following the killing of Freddie Gray by police. Should drones equipped with remote-controlled Tasers and tear gas come into wider use, it seems likely they’d be incorporated into crowd control and demonstration monitoring efforts. In such uses, officers far from the scene of unrest could make bloodless decisions about how to deploy drone weaponry, potentially escalating tense situations.
Paul Merrell

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

  • 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

LAPD scopes out Israeli drones, 'Big Data' solutions | Nation | Jewish Journal - 0 views

  • For the first nine days of February, eight of the Los Angeles Police Department’s top brass were 7,500 miles away from home, being shuttled around Israel in a minibus.
  • LAPD Deputy Chief Jose Perez, a good-natured 30-year veteran of the department who oversees its central bureau, tweeted updates at nearly every stop. On Feb. 2, he shared a group photo of the Los Angeles delegation visiting the corporate headquarters of Nice Systems, an Israeli security and cyber intelligence company that can intercept and instantly analyze video, audio and text-based communications. (A seemingly tongue-in-cheek inspirational poster on the wall behind them reads: “Every voice deserves to be heard.”)
  • The group visited private security firms and drone manufacturers, as well as the terror-prone Ashdod Port, a museum in Sderot full of old rockets shot from nearby Gaza (the same one United States President Barack Obama visited on his 2008 campaign trip to Israel), and a “safe city” underground control center in the large suburb of Rishon LeZion, which receives live streams from more than 1,000 cameras with license plate recognition installed throughout the city.
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  • Frank was joined by seven of his fellow command staff at the Big Data Intelligence Conference hosted by i-HLS in the beach town of Herzliya, Israel, on Feb. 6. “On behalf of my chief of police, Chief Charlie Beck, and the 13,000-plus sworn and non-sworn members of the Los Angeles Police Department, a very heartfelt thanks to all of you for having me here,” Frank said in an opening statement for the conference, which brought together some of Israel’s — and the world’s — top cyber security and intelligence experts.
  • Frank said he was especially impressed by what he saw while visiting Israeli companies Nice Systems (as tweeted by Perez) and Verint, one of the companies whose services the National Security Administration (NSA) reportedly used in the infamous United States wiretapping scandal. Both companies already count the LAPD as a client. But, Frank said, “we’re looking at some of their additional solutions … They have a lot of new technologies that we are very much interested in.” Nice System’s  president of security, Yaron Tchwella, spoke at the conference about the company’s ability to help government agencies capture and store the billions of calls, emails, messages and social media posts that their populations generate each day, then analyze it in real time to detect potential threats.
  • Perez said he hoped the LAPD, too, would eventually be able to “use technology to incorporate all the systems that we have. That’s the wave of the future. We’re definitely looking at the ability to get that information out to the officers on the beat with a handheld. Something happens, and you’re looking at the handheld — almost like ‘The Bourne Supremacy’ — here’s a picture of the guy you’re looking for.”
  • Also in Khan’s crosshairs is Special Order 1, an LAPD policy that allows officers to document any otherwise lawful activity that they, or other members of the community, deem suspicious. (Including, for example, the photographing of certain government sites.) And new LAPD intel collection methods or surveillance drones, said Khan, would only be “adding more to their toolbox of being highly militarized in counterinsurgency forces” against protesters and movements such as Occupy. “Yet it is wrapped in this whole language of community policing.” Two separate L.A. Weekly investigations in 2012 found that the LAPD uses expensive StingRay devices, which can locate cellphones (and their users) by acting like cellphone towers, and license-plate recognition cameras that track millions of drivers. Although both devices technically require a warrant to be used in a police investigation, there is little way to know whether police are always complying with the rules.
  • Surveillance drones manufactured by Israel Aerospace Industries (IAI) and Sky Sapience were also hot items on the LAPD tour. Both Frank and Perez lit up when talking about the HoverMast, a new tethered drone from Sky Sapience that was just released to the IDF late last year. “There are several things on the wish list, but we did like Sky Sapience — that was incredible,” Perez said. “For me personally, just for my command, which is five stations, and all the special events that I have, crowd control and being able to see everything would be some technology that is needed immediately.” However, Frank added, the HoverMast “has its challenges: from a political standpoint, convincing our political leaders, and from a community standpoint, convincing the community that it’s not Big Brother watching over you.”
  • A spokeswoman for Sky Sapience said the HoverMast can intercept wireless communications, and its cameras are capable of facial recognition. A spokeswoman for IAI said that while showing LAPD officers their drones, the company “wanted to emphasize the fact that drones can be very helpful in giving intelligence in urban scenarios… you need it now, you need it quick, you need to see what’s inside a window, and what’s behind this building.”
  • Many of the companies attracting LAPD interest have one thing in common: They were formed by veterans of the IDF’s elite, top-secret 8200 Unit, better known as Israel’s version of the NSA.
  • Perez emphasized that as a local police agency, the LAPD has much tighter legal constraints than federal agencies to adhere to when adopting army-born surveillance and “big data” technologies.
Paul Merrell

California Senate approves measure banning warrantless drone surveillance | Reuters - 0 views

  • (Reuters) - The California State Senate passed legislation on Tuesday imposing strict regulations on how law enforcement and other government agencies can use drones, a move supporters said will protect privacy and prevent warrantless surveillance. The bill attracted bipartisan support in the Senate, passing 25-8 during the evening vote in Sacramento.The legislation would require law enforcement agencies to obtain a warrant before using an unmanned aircraft, or drone, except in emergencies such as a fire or a hostage-taking.
  • Other public agencies would be able to use drones, or contract for their use, to achieve their "core mission," so long as that mission is not to gather criminal intelligence."The potential for abuse of drones is high and we need to be vigilant to ensure our Constitutional rights are protected," said the bill's co-author, Democratic Senator Ted Lieu.Idaho and Virginia have also passed laws restricting uses of pilotless aircraft because of privacy concerns.
  • Los Angeles Mayor Eric Garcetti supported the new regulations but the measure faced opposition from law enforcement groups, including the California Police Chiefs Association and the California State Sheriffs' Association.The legislation "is an inappropriate attempt to impose search and seizure requirements on California law enforcement agencies beyond what is required by the 4th Amendment of the United States Constitution," the Los Angeles District Attorney's Office said in their opposition to the bill.
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    Gotta love that quote from the L.A. County District Attorney's Office. As though either the 4th Amendment or California's own constitution prohibits the legislature from granting citizens more liberties than the 4th Amendment sets as the irreducible minimum. By that logic, the federal Civil Rights Act would be unconstitutional because the 4th Amendment does not grant citizens the right to sue misbehaving cops in a civil action.  
Paul Merrell

EXCLUSIVE: Justice Department memo reveals legal case for drone strikes on Americans - ... - 0 views

  • A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the  September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.  
  • The secrecy surrounding such strikes is fast emerging as a central issue in this week’s hearing of White House counterterrorism adviser John Brennan, a key architect of the drone campaign, to be CIA director.  Brennan was the first administration official to publicly acknowledge drone strikes in a speech last year, calling them “consistent with the inherent right of self-defense.” In a separate talk at the Northwestern University Law School in March, Attorney General Eric Holder specifically endorsed the constitutionality of targeted killings of Americans, saying they could be justified if government officials determine the target poses  “an imminent threat of violent attack.” But the confidential Justice Department “white paper” introduces a more expansive definition of self-defense or imminent attack than described  by Brennan or Holder in their public speeches.  It refers, for example, to what it calls a “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland.  
  • “The condition that an operational  leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” the memo states.Read the entire 'white paper' on drone strikes on Americans
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  • Although not an official legal memo, the white paper was represented by administration  officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s  Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly -- or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News. 
  • Pressure for turning over the Justice Department memos on targeted killings of Americans appears to be building on Capitol Hill amid signs that Brennan will be grilled on the subject at his confirmation hearing before the Senate Intelligence Committee on Thursday.  Advertise | AdChoices On Monday, a bipartisan group of 11 senators -- led by Democrat Ron Wyden of Oregon — wrote  a letter to President Barack Obama asking him to release all Justice Department memos on the subject. While accepting that “there will clearly be circumstances in which the president has the authority to use lethal force” against Americans who take up arms against the country,  it said, “It is vitally important ... for Congress and the American public to have a full understanding of how  the executive branch interprets the limits and boundaries of this authority.”
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    Finally, the lid begins to come off the secret legal memoranda claiming to justify assassinations of U.S. citizens by the Obama regime.
Paul Merrell

NSA Data Will Soon Be Used By Domestic Law Enforcement - 0 views

  • If you’re reading this, then I’m willing to bet that you’ve been called many different names throughout your life. If I were to hazard a guess, I would say they were names like kook, paranoid, conspiracy theorist, alarmist, insane, or gullible. And after this week, you can go by a new name: Vindicated. I’m of course talking about recent revelations from the NSA. Long before Edward Snowden came along, it was no secret that the NSA was spying on everyone without good cause. Anyone who believed that fact was called a conspiracy theorist, but their fears were eventually validated. These same people also understood that the NSA’s surveillance powers would never be used exclusively against terrorists and hostile governments. The power they have is just too tempting for any government. If various government agencies weren’t using the NSA’s surveillance apparatus to solve domestic crimes, it was only a matter of time before it was used for just that.
  • And again, they called us conspiracy theorists for believing that. And again, we were right all long. A while back, we noted a report showing that the “sneak-and-peek” provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy. The ACLU of Massachusetts blog Privacy SOS explains why this is important: What does this rule change mean for you? In short, domestic law enforcement officials now have access to huge troves of American communications, obtained without warrants, that they can use to put people in cages. FBI agents don’t need to have any “national security” related reason to plug your name, email address, phone number, or other “selector” into the NSA’s gargantuan data trove. They can simply poke around in your private information in the course of totally routine investigations. And if they find something that suggests, say, involvement in illegal drug activity, they can send that information to local or state police. That means information the NSA collects for purposes of so-called “national security” will be used by police to lock up ordinary Americans for routine crimes.
  • Anybody who knows anything about how governments work, should not surprised. You can’t give them any kind of power, and expect them to use it responsibly. You can’t give them any stipulations. Eventually they’ll find a legal loophole to work around any limitations that have been placed on them. In other news, the Pentagon admitted this week that they’ve been deploying military drones over the United States for domestic surveillance purposes. Much like the NSA’s surveillance apparatus, we were assured that drones were for terrorists in faraway lands. Nothing so Orwellian would ever be used against ordinary American citizens at home. Yet here we are, with more to come.
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    The Privacy Act, 5 U.S.C. 552a, provides in relevant part: "(a)(4) the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph[.] ... "(b) Conditions of Disclosure.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be- ... "(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought[.]" So a separate written request for each "portion" of any individual record that describes the "law enforcement activity for which the record is sought[.]" That doesn't sound like the contemplated unfettered access to bulk raw data. And it gets even better, with a right to sue for any violation, attorney fees and expenses, and a statutory minimum of $1,000 damages per violation just for winning the case.  
Paul Merrell

Britain faces legal challenge over secret US 'kill list' in Afghanistan | World news | ... - 0 views

  • Britain's role in supplying information to an American military "kill list" in Afghanistan is being subjected to legal challenge amid growing international concern over targeted strikes against suspected insurgents and drug traffickers.An Afghan man who lost five relatives in a missile strike started proceedings against the Serious Organised Crime Agency (Soca) and the Ministry of Defence demanding to know details of the UK's participation "in the compilation, review and execution of the list and what form it takes".
  • Soca refused to discuss its intelligence work, but the agency and the MoD said they worked "strictly within the bounds of international law". Its role in the operation to compile a "kill list" was first explained in a report to the US Senate's committee on foreign relations.The report described how a new task force targeting drug traffickers, insurgents and corrupt officials was being set up at Kandahar air field in southern Afghanistan. "The unit will link the US and British military with the DEA [Drug Enforcement Agency], Britain's Serious and Organised Crime Agency, and police and intelligence agencies from other countries." The 31-page report from 2009 acknowledged the precise rules of engagement were classified.
  • The letters to Soca's director general, Trevor Pearce, and the defence secretary, Philip Hammond, point to the Geneva conventions, which say that persons taking no active part in hostilities are protected from "violence to life and person, in particular murder of all kinds".They also draw on the International Committee of the Red Cross, which has said anyone accompanying an organised group who is not directly involved in hostilities "remains civilian assuming support functions".The legal letters, the first step towards seeking judicial review, say "drug traffickers who merely support the insurgency financially could not legitimately be included in the list" under these principles. The lawyers believe that, even if Isaf had targeted the right man, it may have been unlawful for others to have been killed in the missile strike.
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    Potentially important case brewing in the UK on the legality under international law of U.S. drone strikes that kill or injure non-combatants. Should this result in a Royal Commission of Inquiry, we will likely learn far more about U.S. drone strike policies, because Royal Commission's powers to receive and disclose classified information is far broader than available in U.S. courts or in Congress. E.g., much of what we now know about the Bush Administration's true motives for launching the war in Iraq was disclosed in a Royal Commission Inquiry into the Blair administration's reasons for participation in that war. 
Paul Merrell

US criticised by UN for human rights failings on NSA, guns and drones | World news | th... - 0 views

  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
Paul Merrell

The Real Blame for Deaths in Libya    :   Information Clearing House: ICH - 0 views

  • However, in this political season, the Republicans want to gain some political advantage by stirring up doubts about President Barack Obama’s toughness on terrorism — and the Obama administration is looking for ways to blunt those rhetorical attacks by launching retaliatory strikes in Libya or elsewhere. Thus, it was small comfort to learn that Teflon-coated John Brennan, Obama’s counterterrorism adviser, had flown to Tripoli, hoping to unearth some interim Libyan government officials to consult with on the Benghazi attack. With the embassy’s help, he no doubt identified Libyan officials with some claim to purview over “terrorism.”
  • But Brennan is not about investigation. Retribution is his bag. It is likely that some Libyan interlocutor was brought forth who would give him carte blanche to retaliate against any and all those “suspected” of having had some role in the Benghazi murders. So, look for “surgical” drone strike or Abbottabad-style special forces attack — possibly before the Nov. 6 election — on whomever is labeled a “suspect.” Sound wild? It is. However, considering Brennan’s penchant for acting-first-thinking-later, plus the entrée and extraordinary influence he enjoys with President Obama, drone and/or special forces attacks are, in my opinion, more likely than not. (This is the same Brennan, after all, who compiles for Obama lists of nominees for assassination by drone.) If in Tuesday’s debate with ex-Massachusetts Gov. Mitt Romney, Obama is pressed, as expected on his supposed weakness in handling Benghazi, attacks on “terrorists,” real or “suspect,” become still more likely. Brennan and other White House functionaries might succeed in persuading the president that such attacks would be just what the doctor ordered for his wheezing poll numbers.
  • It was no surprise, then, that almost completely absent from the discussion at last Tuesday’s hearing was any attempt to figure out why a well-armed, well-organized group of terrorists wanted to inflict maximum damage on the U.S. consulate in Benghazi and kill the diplomats there. Were it not for Rep. Dennis Kucinich, D-Ohio, impressionable listeners would have been left with the idea that the attack had nothing to do with Washington’s hare-brained, bomb-heavy policies, from which al-Qaeda and similar terrorist groups are more beneficiary than victim, as in Libya. Not for the first time, Kucinich rose to the occasion at Tuesday’s hearing:
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  • “You’d think that after ten years in Iraq and after eleven years in Afghanistan that the U.S. would have learned the consequences and the limits of interventionism. … Today we’re engaging in a discussion about the security failures of Benghazi. The security situation did not happen overnight because of a decision made by someone at the State Department. … “We owe it to the diplomatic corps, who serves our nation, to start at the beginning and that’s what I shall do. Security threats in Libya, including the unchecked extremist groups who are armed to the teeth, exist because our nation spurred on a civil war destroying the security and stability of Libya. … We bombed Libya. We destroyed their army. We obliterated their police stations … Al Qaeda expanded its presence. “Weapons are everywhere. Thousands of shoulder-to-air missiles are on the loose. Our military intervention led to greater instability in Libya. … It’s not surprising that the State Department was not able to adequately protect our diplomats from this predictable threat. It’s not surprising and it’s also not acceptable. … “We want to stop attacks on our embassies? Let’s stop trying to overthrow governments. This should not be a partisan issue. Let’s avoid the hype. Let’s look at the real situation here. Interventions do not make us safer. They do not protect our nation. They are themselves a threat to America.”
  • Congressman Kucinich went on to ask the witnesses if they knew how many shoulder-to-air missiles were on the loose in Libya. Nordstrom: “Ten to twenty thousand.”
  • In my view, counterterrorism guru Brennan shares the blame for this and other failures. But he has a strong allergy to acknowledging such responsibility. And he enjoys more Teflon protection from his perch closer to the president in the White House. The back-and-forth bickering over the tragedy in Benghazi has focused on so many trees that the forest never came into view. Not only did the hearing fall far short in establishing genuine accountability, it was bereft of vision. Without vision, the old proverb says, the people perish — and that includes American diplomats. The killings in Benghazi on Sept. 11, 2012, validate that wisdom. If the U.S. does not change the way it relates to the rest of the world, and especially to the Muslim world, more and more people will perish. If we persist on the aggressive path we are on, Americans will in no way be safer. As for our diplomats, in my view it is just a matter of time before our next embassy, consulate or residence is attacked.
  • We are told we should not speak ill of the dead. Dead consciences, though, should be fair game. In my view, the U.S. Secretary of State did herself no credit the morning after the killing of four of her employees, when she said: “I asked myself — how could this happen? How could this happen in a country we helped liberate, in a city we helped save from destruction? This question reflects just how complicated and, at times, how confounding the world can be. But we have to be clear-eyed, even in our grief.” But some things are confounding only to those suppressing their own responsibility for untold death and misery abroad. Secretary Clinton continues to preen about the U.S. role in the attack on Libya. And, of Gadhafi’s gory death, she exclaimed on camera with a joyous cackle, “We came; we saw; he died.” Can it come as a surprise to Clinton that this kind of attitude and behavior can set a tone, spawning still more violence?
  • At Tuesday’s hearing, Kucinich noted that in Libya “we intervened, absent constitutional authority.” Most of his colleagues reacted with the equivalent of a deep yawn, as though Kucinich had said something “quaint” and “obsolete.” Like most of their colleagues in the House, most Oversight Committee members continue to duck this key issue, which directly involves one of the most important powers/duties given the Congress in Article I of the Constitution. Such was their behavior last Tuesday, with most members preferring to indulge in hypocritical posturing aimed at scoring cheap political points. Palpable in that hearing room was one of the dangers our country’s Founders feared the most — that, for reasons of power, position and money, legislators might eventually be seduced into the kind of cowardice and expediency that would lead them to forfeit their power and their duty to prevent a president from making war at will. Many of those now doing their best to make political hay out of the Benghazi “scandal” are the same legislators who appealed strongly for the U.S. to bomb Libya and remove Gadhafi. This, despite it having been clear from the start that eastern Libya had become a new beachhead for al-Qaeda and other terrorists. From the start, it was highly uncertain who would fill the power vacuums in the east and in Tripoli.
  • As Congress failed to exercise its constitutional duties — to debate and vote on wars — Obama, along with his Defense Secretary Leon Panetta and Hillary Clinton, took a page out of the Bush/Cheney book and jumped into a new war. Just don’t call it war, said the White House. It’s merely a “kinetic humanitarian action.” You see, our friends in Europe covet that pure Libyan oil and Gadhafi had been a problem to the West for a long time. So, it was assumed that there would be enough anti-Gadhafi Libyans that a new “democratic” government could be created and talented diplomats, like Ambassador Christopher Stevens, could explain to “the locals” how missiles and bombs were in the long-term interest of Libyans.
  • On Libya, the Obama administration dissed Congress even more blatantly than Cheney and Bush did on Iraq, where there was at least the charade of a public debate, albeit perverted by false claims about Iraq’s WMDs and Saddam Hussein’s ties to al-Qaeda. And so Defense Secretary Panetta and Secretary of State Clinton stepped off cheerily to strike Libya with the same kind of post-war plan that Cheney, Bush, and then-Defense Secretary Donald Rumsfeld had for Iraq — none. Small wonder chaos reigns in Benghazi and other parts of the country. Can it be that privileged politicians like Clinton and Panetta and the many “one-percenters” in Congress and elsewhere really do not understand that, when the U.S. does what it did to Libya, there will be folks who don’t like it; that they will be armed; that there will be blowback; that U.S. diplomats, given an impossible task, will die?
  • Constitutionally, the craven Congress is a huge part of the problem. Only a few members of the House and Senate seem to care very much when presidents act like kings and send off troops drawn largely by a poverty draft to wars not authorized (or simply rubber-stamped) by Congress. Last Tuesday, Kucinich’s voice was alone crying in the wilderness, so to speak. (And, because of redistricting and his loss in a primary that pitted two incumbent Democrats against each other, he will not be a member of the new Congress in January.) This matters — and matters very much. At a hearing of the Senate Armed Services Committee on March 7, Sen. Jeff Sessions, R-Alabama, pursued this key issue with Panetta and Joint Chiefs Chairman Gen. Martin Dempsey. Chafing ex post facto at the unauthorized nature of the war in Libya, Sessions asked repeatedly what “legal basis” would the Obama administration rely on to do in Syria what it did in Libya. Watching that part of the testimony it seemed to me that Sessions, a conservative Southern lawyer, was not at all faking when he pronounced himself “almost breathless,” as Panetta stonewalled time after time. Panetta made it explicitly clear that the administration does not believe it needs to seek congressional approval for wars like Libya. At times he seemed to be quoting verses from the Book of Cheney.
  • Sessions: “I am really baffled … The only legal authority that’s required to deploy the U.S. military [in combat] is the Congress and the president and the law and the Constitution.” Panetta: “Let me just for the record be clear again, Senator, so there is no misunderstanding. When it comes to national defense, the president has the authority under the Constitution to act to defend this country, and we will, Sir.” (If you care about the Constitution and the rule of law, I strongly recommend that you view the entire 7-minute video clip.)
Paul Merrell

Secret Law Isn't the Public's Fault | Just Security - 0 views

  • Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture program? No. OK, yes, you caught us — but the staffers were poking their nose into the CIA’s business. Are communities in some cities suffering from an uptick in crime rates? That must be because they were critical of police practices, and so the police are afraid to do their job. Are American Muslims disproportionately singled out for law enforcement scrutiny? It wouldn’t be necessary if they did a better job of identifying and rooting out the terrorists in their midst. Did a drone strike kill a 16-year-old boy who wasn’t on any target list but happened to be the son of alleged al-Qaeda operative Anwar al-Aulaqi? I guess he “should have had a more responsible father,” as then-White House press secretary Robert Gibbs helpfully explained. At the annual conference of the American Bar Association’s Standing Committee on National Security Law, officials were at it again. Both the CIA’s General Counsel, Caroline Krass, and the acting head of the Justice Department’s Office of Legal Counsel (OLC), Karl Thompson, observed that agencies are issuing fewer requests for formal OLC opinions and are seeking “informal,” unwritten advice from OLC instead. This trend undermines the public’s ability to obtain OLC opinions through FOIA requests. And, according to Krass, we have no one to blame but ourselves:
  • I do think one reason is a focus the office has gotten [in] the past 10 years or so in the public which has now led to Freedom of Information Act requests pretty much anytime the administration adopts a position in the context of domestic law or national security that could be [or] seems a little bit edgy or slightly controversial, immediately the request for the OLC opinion comes. What were we thinking? Well, we might have had in mind OLC officials’ own acknowledgment that their opinions constitute the working law of the executive branch, and are binding on agencies in the same manner that a court’s decision would be. When the public expresses interest in a controversial court opinion, that isn’t cited as a reason to move the judicial system into the shadows. To the contrary, it’s well-understood that the public has a right to know how judges are interpreting the law. That’s true regardless of whether the law deals with the rights and obligations of private parties or (as is usually the case with OLC opinions) the authorities of the government.  It’s high time we stop pretending that OLC opinions are merely attorneys’ advice, and thereby entitled to confidentiality. A private person is free to accept or reject her attorney’s advice. By contrast, as Thompson recognized, OLC opinions — even informal, unwritten ones — are “binding by custom and practice . … People are supposed to and do follow [them].” Moreover, in ordinary circumstances, it is no defense to criminal charges that the defendant’s lawyer gave bad advice. OLC opinions, on the other hand, confer effective immunity, as the Justice Department will not prosecute any official who acted in reliance on OLC’s conclusions.
  • The government nonetheless argues, and many courts have agreed, that OLC opinions are exempt from disclosure under FOIA because they are “deliberative” and “pre-decisional.” This assessment conflates two distinct decisions: the decision of an agency whether to adopt a course of conduct, and OLC’s decision regarding how to interpret the law. The latter decision may be one factor — along with other, non-legal factors, such as political viability, financial cost, and the existence of competing priorities — in the agency’s “deliberations” on the former. The agency ultimately must decide whether to move forward with a policy. But on the question of how the law should be interpreted, it is OLC, not the agency, which has the final word. If the agency were to issue a different legal interpretation, there is no question that OLC’s would take precedence, and the agency would be courting legal jeopardy by adopting a course of action in tension with OLC’s reading of the law. Perhaps the solution is simply to require the government to abide by its own characterization. If OLC opinions are to be given the status of deliberative documents and/or legal advice, so be it; but in that case, they cannot be binding on any agency or official, nor can they mitigate any official’s criminal or civil liability (unless they genuinely negate a required state of mind). If, on the other hand, the government wishes to treat OLC opinions as authoritative and a shield against prosecution or civil suit, then they must be called what they are — law — and made available to the public. Until that happens, the public will remain a victim of secret law, and there will be no one but the administration to blame.
Paul Merrell

Eyes Over Compton: How Police Spied on a Whole City - Conor Friedersdorf - The Atlantic - 0 views

  • In a secret test of mass surveillance technology, the Los Angeles County Sheriff's Department sent a civilian aircraft* over Compton, California, capturing high-resolution video of everything that happened inside that 10-square-mile municipality. Compton residents weren't told about the spying, which happened in 2012. "We literally watched all of Compton during the times that we were flying, so we could zoom in anywhere within the city of Compton and follow cars and see people," Ross McNutt of Persistence Surveillance Systems told the Center for Investigative Reporting, which unearthed and did the first reporting on this important story. The technology he's trying to sell to police departments all over America can stay aloft for up to six hours. Like Google Earth, it enables police to zoom in on certain areas. And like TiVo, it permits them to rewind, so that they can look back and see what happened anywhere they weren't watching in real time.  If it's adopted, Americans can be policed like Iraqis and Afghanis under occupation–and at bargain price
  • Sgt. Douglas Iketani acknowledges that his agency hid the experiment to avoid public opposition. "This system was kind of kept confidential from everybody in the public,"he said. "A lot of people do have a problem with the eye in the sky, the Big Brother, so to mitigate those kinds of complaints we basically kept it pretty hush hush." That attitude ought to get a public employee summarily terminated. 
  • The CIR story reports that no police department has yet purchased this technology, not because the law enforcement community is unwilling to conduct mass surveillance of their fellow citizens without first gaining the public's consent, but because the cameras aren't yet good enough to identify the faces of individuals. It's hard to imagine that next technological barrier won't be broken soon.
Gary Edwards

Stasi in the White House - Paul Craig Roberts - 0 views

  • On June 19, 2013, US President Obama, hoping to raise himself above the developing National Security Agency (NSA) spy scandals, sought to associate himself with two iconic speeches made at the Brandenburg Gate in Berlin. Fifty years ago, President John F. Kennedy pledged: "Ich bin ein Berliner." In 1987, President Ronald Reagan challenged: "Mr. Gorbachev, tear down this wall." Obama's speech was delivered to a relatively small, specially selected audience of invitees. Even so, Obama spoke from behind bullet proof glass.
  • Obama's speech will go down in history as the most hypocritical of all time. Little wonder that the audience was there by invitation only. A real audience would have hooted Obama out of Berlin.
  • Obama spoke lofty words of peace, while beating the drums of war in Syria and Iran. Witness Obama's aggressive policies of surrounding Russia with missile bases and establishing new military bases in the Pacific Ocean with which to confront China.
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  • This is the same Obama who promised to close the Guantanamo Torture Prison, but did not; the same Obama who promised to tell us the purpose for Washington's decade-long war in Afghanistan, but did not; the same Obama who promised to end the wars, but started new ones; the same Obama who said he stood for the US Constitution, but shredded it; the same Obama who refused to hold the Bush regime accountable for its crimes against law and humanity; the same Obama who unleashed drones against civilian populations in Afghanistan, Pakistan and Yemen; the same Obama who claimed and exercised power to murder US citizens without due process and who continues the Bush regime's unconstitutional practice of violating habeas corpus and detaining US citizens indefinitely; the same Obama who promised transparency but runs the most secretive government in US history.
  • The tyrant's speech of spectacular hypocrisy elicited from the invited audience applause on 36 occasions.
  • Here was Obama, who consistently lies, speaking of "eternal truth."
  • Here was Obama, who enabled Wall Street to rob the American and European peoples and who destroyed Americans' civil liberties and the lives of vast numbers of Iraqis, Afghans, Yemenis, Libyans, Pakistanis, Syrians − and others, speaking of "the yearnings of justice."
  • Obama equates demands for justice with "terrorism."
  • Here was Obama, who has constructed an international spy network and a domestic police state, speaking of "the yearnings for freedom."
  • Here was Obama, president of a country that has initiated wars or military action against six countries since 2001 and has three more Muslim countries − Syria, Lebanon, and Iran − in its crosshairs and perhaps several more in Africa, speaking of "the yearnings of peace that burns in the human heart," but clearly not in Obama's heart.
  • Obama has turned America into a surveillance state that has far more in common with Stasi East Germany than with the America of the Kennedy and Reagan eras. Strange, isn't it, that freedom was gained in East Germany and lost in America?
  • At the Brandenburg Gate, Obama invoked the pledge of nations to "a Universal Declaration of Human Rights," but Obama continues to violate human rights both at home and abroad.
  • Obama has taken hypocrisy to new heights. He has destroyed US civil liberties guaranteed by the Constitution.
  • In place of a government accountable to law, he has turned law into a weapon in the hands of the government.
  • He has intimidated a free press and prosecutes whistleblowers who reveal his government's crimes. He makes no objection when American police brutalize peacefully protesting citizens.
  • Obama kept Bradley Manning in solitary confinement for nearly a year assaulting his human dignity in an effort to break him and obtain a false confession. In defiance of the US Constitution, Obama denied Manning a trial for three year
  • Obama sends in drones or assassins to murder people in countries with which the US is not at war, and his victims on most occasions turn out to be women, children, farmers and village elders.
  • His government intercepts and stores in National Security Agency computers every communication of every American and also the private communications of Europeans and Canadians, including the communications of the members of the governments, the better to blackmail those with secrets.
  • On Obama's instructions, London denies Julian Assange free passage to his political asylum in Ecuador. Assange has become a modern-day Cardinal Mindszenty.
  •  
    Wow.  I remember Paul Craig Roberts writing on the backpage of NewsWeek Magazine, back in the late 1960's.  Wow, we've come a long way since the days of protesting the Vietnam War, the socialism behind LBJ's Great Society, and the outrageous coup d'état that took place with the in-your-face-America assassination of JFK.  The circle is almost complete. The American Constitution hangs by a thread.  The anger and heart ache of Paul Craig Roberts says it all. I wonder who will win this years "Dancing with the Stars" competition?
Paul Merrell

A Secret Catalogue of Government Gear for Spying on Your Cellphone - 0 views

  • HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.
  • The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.
  • ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.
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  • “We’ve seen a trend in the years since 9/11 to bring sophisticated surveillance technologies that were originally designed for military use — like Stingrays or drones or biometrics — back home to the United States,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation, which has waged a legal battle challenging the use of cellphone surveillance devices domestically. “But using these technologies for domestic law enforcement purposes raises a host of issues that are different from a military context.”
  • But domestically the devices have been used in a way that violates the constitutional rights of citizens, including the Fourth Amendment prohibition on illegal search and seizure, critics like Lynch say. They have regularly been used without warrants, or with warrants that critics call overly broad. Judges and civil liberties groups alike have complained that the devices are used without full disclosure of how they work, even within court proceedings.
Paul Merrell

New police radars can 'see' inside homes - 0 views

  • At least 50 U.S. law enforcement agencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance.Those agencies, including the FBI and the U.S. Marshals Service, began deploying the radar systems more than two years ago with little notice to the courts and no public disclosure of when or how they would be used. The technology raises legal and privacy issues because the U.S. Supreme Court has said officers generally cannot use high-tech sensors to tell them about the inside of a person's house without first obtaining a search warrant.
  • The radars work like finely tuned motion detectors, using radio waves to zero in on movements as slight as human breathing from a distance of more than 50 feet. They can detect whether anyone is inside of a house, where they are and whether they are moving.
  • Agents' use of the radars was largely unknown until December, when a federal appeals court in Denver said officers had used one before they entered a house to arrest a man wanted for violating his parole. The judges expressed alarm that agents had used the new technology without a search warrant, warning that "the government's warrantless use of such a powerful tool to search inside homes poses grave Fourth Amendment questions."By then, however, the technology was hardly new. Federal contract records show the Marshals Service began buying the radars in 2012, and has so far spent at least $180,000 on them.Justice Department spokesman Patrick Rodenbush said officials are reviewing the court's decision. He said the Marshals Service "routinely pursues and arrests violent offenders based on pre-established probable cause in arrest warrants" for serious crimes.
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  • Other radar devices have far more advanced capabilities, including three-dimensional displays of where people are located inside a building, according to marketing materials from their manufacturers. One is capable of being mounted on a drone. And the Justice Department has funded research to develop systems that can map the interiors of buildings and locate the people within them.The radars were first designed for use in Iraq and Afghanistan. They represent the latest example of battlefield technology finding its way home to civilian policing and bringing complex legal questions with it.
  • At least 50 U.S. law enforcement agencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance.Those agencies, including the FBI and the U.S. Marshals Service, began deploying the radar systems more than two years ago with little notice to the courts and no public disclosure of when or how they would be used. The technology raises legal and privacy issues because the U.S. Supreme Court has said officers generally cannot use high-tech sensors to tell them about the inside of a person's house without first obtaining a search warrant.The radars work like finely tuned motion detectors, using radio waves to zero in on movements as slight as human breathing from a distance of more than 50 feet. They can detect whether anyone is inside of a house, where they are and whether they are moving.
Paul Merrell

US demands Russia and Syria ground all aircraft as five medical charity staff killed in... - 0 views

  • The United States has called for an effective no-fly zone over Syria after a spate of airstrikes on humanitarian convoys by Russian and Syrian aircraft left the country’s future “hanging by a thread.” John Kerry, the US Secretary of State told a session of the United Nations Security Council on Wednesday that only a grounding of all aircraft could protect civilians from Bashar al-Assad’s regime and said Vladimir Putin must face a “moment of truth” over the bombing of a UN aid convoy on Monday. “The future of Syria is hanging by a thread,” Mr Kerry said. “We cannot go back to business as usual.” Halting flight would offer a “chance for humanitarian assistance to flow unimpeded," he added.
  • However, Mr Kerry did not use the term "no-fly zone", and his demand is unlikely to lead to formal air policing. 
  • Russian and regime forces have also resumed their bombardment of the rebel-held eastern half of Aleppo, with dozens of airstrikes pummelling the city.  “It is unbelievable the number of airstrikes that are targeting Aleppo neighbourhoods”, said Abdelkafe al-Hamdo, an opposition activist in the city.        Western diplomats said they were urgently trying to revive the ceasefire agreement with Russia, which they see as the only real path to slowing the violence in Syria and trying to restart political negotiations to be bring the five-year war to an end.  The chances for a renewed deal appeared slim after a furious exchanges between the US and Russia at the Security Council on Wednesday. Sergey Lavrov, the Russian foreign minister, ruled out a fresh ceasefire unless “all sides” agreed, saying rebel groups had used previous truces as an opportunity to rearm and that the US had failed to use its influence with militants to persuade them to respect the ceasefire.
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  • Boris Johnson, the foreign secretary, said a genuine ceasefire would depend on transition away from the Assad government. “It is a conflict that is being fed and nourished and armed and abetted and protracted and made more hideous by the actions and the inactions of governments in this room,” he said at the Security Council Session. Theresa May said “there can be no military solution to the conflict in Syria” in a speech in New York. Speaking to President Barack Obama’s US refugee summit, the prime minister said: “We must all put our weight behind efforts in New York to agree a ceasefire and reopen space UN-led negotiations, leading to real political transition away from Assad to a new, inclusive government that governs for all Syrians.
  • Mr Kerry replied that his colleague was living in “a different universe” and accused Russia of deliberately obfuscating about the aid convoy bombing. “This is not a joke,” he said after listing several conflicting accounts of the attack put forward by Russia. Russia’s defence ministry claimed on Wednesday to have spotted a US Predator drone over the UN convoy attacked on Wednesday. It did not directly accuse the US of carrying out the attack, however. In earlier statements, Russian officials variously said the convoy had caught fire spontaneously and that drone footage had spotted a group of militants driving a pick-up truck with a mortar alongside it.
  • Russia dispatched an aircraft carrier to reinforce its flotilla off the Syrian coast on Wednesday, in a deepening of its military commitment there.    The Admiral Kuznetsov, Russia’s only carrier and the flagship of the Russian navy, will join an existing flotilla of six war ships and  four support vessels, Sergei Shoigu, the Russian defence minister, said.   The Soviet- built vessel carries MiG-29 jets and Ka-52 attack helicopters that are expected to take part in combat operations over Syria. 
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • “What constitutes due process in this case is a due process in war.”
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  •  
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
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  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
  •  
    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Paul Merrell

Paris: Made in Libya, not Syria? | Asia Times - 0 views

  • Using the criterion cui bono (who benefits?) to the Paris outrage, one notes an apparent shortage of “bono” to ISIL, unless the thinking of the leadership runs to: “It would be an excellent idea to focus the fury of the West upon us here in Iraq instead of laying low and letting the West go along with the GCC/Turkish plan of quagmiring Russia in Syria.” Doesn’t make too much sense.  Which is why, in my opinion, is why you see a lot of metaphysical hand waving that the real motive for the attacks was to erase the Muslim “grey zone,” provoke a fatal over-reaction from the West, contribute to the agonies of the Syrian refugees in Europe, rend the time-space continuum and thereby bring the Crusaders to their knees, etc.
  • Media and analyst coverage appears determined to overlay a profitable traffic-building and mission-enhancing narrative of “Western civilization under attack by ISIL,” and ignore the factors that point to the attack as a murderous local initiative, not by ISIL or the mythical immigrant threat, but by alienated Muslim citizens of the EU.  The rhetoric of righteous, united fury against a monstrosity committed by the external “other,” perhaps, is easier to digest than the awkward theme of national minorities committing extreme acts of violence against societies they believe oppress and marginalize them. So we get lots about the horrors of ISIL and relatively little about the, to me, rather eye-opening statistic that while 8% of the population of France is Muslim, it is estimated that 70% of the prison population is.  I suppose it would be churlish to explore the issue of blowback from French penal and social policies at this juncture.  But there is some interesting data that places the alleged and now apparently deceased mastermind, Abdelhamid Abaaoud, in context concerning the degree of his allegiance to ISIL.
  • Katibat al-Battar al-Libi, in other words, was formed as a rather bloody piece of outreach by Libyan Islamists to share Libya experience in insurrection and revolution with Syria.  After IS arose and became a dominant military and financial force, the “KBL” threw in their lot with ISIS, and members of the brigade subsequently returned to Libya to establish an IS beachhead. A July 2015 study by Small Arms Survey confirms the autonomous character of Katibat al-Battar al-Libi. While the uncertain relationship between JAN and IS was being clarified, Libyans stayed ‘outside’ the fray, remaining in their own units and not integrating into other IS hierarchies or command structures. In Latakia for instance, Libyans kept their own separate battalion (The Daily Star, 2013). As the split between JAN and IS deepened, Libyans chose IS but remained apart, forming the Katibat al-Battar al-Libiya (KBL) (The Libyan al-Battar Brigade), under the auspices of IS. Since its formation, the KBL has been active in eastern Syria, notably in Al Hasakah and Deir az-Zor. The battalion maintained links with Ansar al-Sharia in Libya, an early and prominent supporter of IS. Ansar al-Sharia proved to be an excellent recruiting tool and played a role in the arrival of many Libyans in Syria prior to 2014. And who is Ansar al-Sharia in Libya?  Via The Telegraph:
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  • Abaaoud, a citizen of Belgium of Moroccan descent, was well known as a violent radical miscreant linked to an Islamic cell in Verviers, Belgium, that did all sorts of mean, murderous crap.  As far as Belgian and French authorities were concerned, he had been an item long before Paris.
  • Washington believes the group is responsible for the 2012 attack on the US consulate in Benghazi that killed the ambassador and three other Americans.  In November, the United Nations blacklisted Ansar al-Sharia Benghazi and its sister group, Ansar al-Sharia Derna, over links to Al-Qaeda and for running camps for the Islamist State group.  So there you have your soundbite.  The Paris outrage: Made in Libya.  Not Syria.  And brought to us by the people who killed Christopher Stevens in Benghazi. I am sure that Hillary Clinton is grateful to the French police for botching the raid to capture Abaaoud and pumping 5000 rounds into his apartment instead of capturing him; otherwise, he might have become a lively topic of interest and curiosity and the right wing could have cooked off the Benghazi! munitions through election day.  For that matter, it seems unlikely that the governments of the West, or the media cheerleaders thirsting for a rousing good vs. evil narrative, are very interested in exploring the morally fraught issue of blow back from the spectacular Libyan disaster, either. To sum up: the alleged and now reportedly deceased architect of the Paris attacks, Abdelhamid Abaaoud, did not fight “for IS.”  He fought “with” Katibat al-Battar al-Libi, a Libyan outfit whose presence in Syria predates that of ISIS.  Even after Katibat al-Battar al-Libi decided to pledge allegiance to ISIS, it retained its independent identity.  And it would appear unlikely that Abaaoud, as a European of Moroccan descent, would be a central figure in the brigade, whose personnel, funding, and mission seem to have largely emanated from Libya.
  • Despite his seemingly junior status in an autonomous militia, it is possible that Abaaoud was recruited by al-Baghdadi to commit the Paris outrage.  But foreign fighters flock to Syria not only to accumulate general jihadi merit, but also to acquire skills they could apply in their own struggles.  And Abaaoud may have gone to the Syrian war zone to hook up with an extremely capable Libyan outfit and acquire the experience and connections to fulfill his own ambitions for mayhem in Europe, and not necessarily to support the global or even local objectives of the IS caliphate.  So it is by no means axiomatic that Abaaoud returned to Europe with the mission to execute a high-level ISIS strategy. Instead, Abaaoud might have been an angry guy with the skills, resources, and inclination to commit mass murder on his own kick.  The police were already after him big time after the Verviers raid in January (we are now told that Abaaoud was “on” or a “candidate for” a spot on the drone assassination assignment list, but I wonder if this is post-hoc ass-covering).  So maybe he and his friends decided to pull the pin, and go out in a big way. I doubt we’ll ever get the full story.  But “Paris: Made in Libya” is an honest hook.
  •  
    So the "mastermind" of the Paris attacks was a product of the U.S. war on Libya, not of ISIL. Why am I not surprised? 
Paul Merrell

The same motive for anti-US 'terrorism' is cited over and over | Glenn Greenwald | Comm... - 0 views

  • News reports purporting to describe what Dzhokhar Tsarnaev told US interrogators should, for several reasons, be taken with a huge grain of salt. The sources for this information are anonymous, they work for the US government, the statements were obtained with no lawyer present and no Miranda warnings given, and Tsarnaev is "grievously wounded", presumably quite medicated, and barely able to speak.
  • In the last several years, there have been four other serious attempted or successful attacks on US soil by Muslims, and in every case, they emphatically all say the same thing: that they were motivated by the continuous, horrific violence brought by the US and its allies to the Muslim world - violence which routinely kills and oppresses innocent men, women and children:
  • It should go without saying that the issue here is causation, not justification or even fault. It is inherently unjustifiable to target innocent civilians with violence, no matter the cause (just as it is unjustifiable to recklessly kill civilians with violence). But it is nonetheless vital to understand why there are so many people who want to attack the US as opposed to, say, Peru, or South Africa, or Brazil, or Mexico, or Japan, or Portugal. It's vital for two separate reasons.First, some leading American opinion-makers love to delude themselves and mislead others into believing that the US is attacked despite the fact that it is peaceful, peace-loving, freedom-giving and innocent. As these myth-makers would have it, we don't bother anyone; we just mind our own business (except when we're helping and liberating everyone), so why would anyone possibly want to attack us?
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  • Second, it's crucial to understand this causation because it's often asked "what can we do to stop Terrorism?" The answer is right in front of our faces: we could stop embracing the polices in that part of the world which fuel anti-American hatred and trigger the desire for vengeance and return violence.
  • There seems to be this pervasive belief in the US that we can invade, bomb, drone, kill, occupy, and tyrannize whomever we want, and that they will never respond. That isn't how human affairs function and it never has been. If you believe all that militarism and aggression are justified, then fine: make that argument. But don't walk around acting surprised and bewildered and confounded (why do they hate us??) when violence is brought to US soil as well. It's the inevitable outcome of these choices, and that's not because Islam is some sort of bizarre or intrinsically violent and uncivilized religion. It's because no group in the world is willing to sit by and be targeted with violence and aggression of that sort without also engaging in it
  • Being targeted with violence is a major cost of war and aggression. It's a reason not do it. If one consciously decides to incur that cost, then that's one thing. But pretending that this is all due to some primitive and irrational religious response and not our own actions is dangerously self-flattering and self-delusional. Just listen to what the people who are doing these attacks are saying about why they are doing them. Or listen to the people who live in the places devastated by US violence about the results. None of it is unclear, and it's long past time that we stop pretending that all this evidence does not exist.
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    "Terrorism is the price of empire. If you do not wish to pay the price, you must give up the empire"  - Pat Buchanan, Where the Right Went Wrong
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