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The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”

But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.

There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.

The downing of a Russian fighter jet by Turkey highlights the growing danger posed by a pattern of provocative military behavior by Moscow, U.S. and European security officials said Tuesday, calling for a revival of military-to-military talks between Russia and NATO that were shelved last year. The first-ever shoot-down of a Russian plane by a member of the Western alliance comes after months of brinkmanship by Russian forces on several continents and a series of NATO responses, including stepped-up military exercises, that have placed the former Cold War foes on a footing that at times has looked just short of war.Story Continued Below NATO leaders themselves seemed anxious to find a way to turn down the temperature after a Turkish F-16 destroyed a Russian Su-24 that Turkey claimed had crossed over from Syria. Turkish leaders called it at the least the fourth such incursion in recent weeks, while Russia maintains it did not breach Turkish airspace.

On Capitol Hill, Rep. Mike Turner, an Ohio Republican and a member of the Armed Services Committee who also serves as president of the NATO Parliamentary Assembly, said in a statement: "I echo NATO Secretary General Stoltenberg's sentiments calling for all NATO partners to deescalate tensions and focus on the fight against ISIL." Others from across the spectrum viewed the disputed incident as a potential opportunity to de-escalate what has increasingly become a dangerous game of cat and mouse. Some security experts said NATO and Russia should convene a special forum that was established expressly for the two sides to hold military discussions. The forum has atrophied since the alliance cut off most ties over Moscow's annexation of the Ukrainian peninsula of Crimea in March 2014. "The way the Russians have behaved in the last 18 months, sending submarines into harbors, simulating nuclear bombing missions against NATO countries, flying their aircraft without transponders, and having incursions into Turkish air space, something was going to happen," said Ivo Daalder, who stepped down as the U.S. ambassador to NATO in 2013. "Because we don't have mechanisms to talk about this there is a danger that this could lead to escalation."

A collection of former defense and foreign ministers of Britain, Poland, Russia, Germany, Turkey and France also reissued their call Tuesday to use the NATO-Russia Council, codified in 2002, to hammer out a broad agreement to "prevent accidental incidents or miscalculations leading to an escalation of tension and even confrontation." Two former NATO secretaries general endorsed the position. The stakes were already high before Tuesday. NATO reported more than 400 intercepts of Russian aircraft in 2014 — four times as much as the year before. Russia also reported that it has detected twice as many NATO fighter aircraft flying near its borders in 2014 than in 2013 — more than 3,000 in all.

A few weeks before the last great international climate conference—2009, in Copenhagen—the e-mail accounts of a few climate scientists were hacked and reviewed for incriminating evidence suggesting that global warming was a charade. Eight separate investigations later concluded that there was literally nothing to “Climategate,” save a few sentences taken completely out of context—but by that time, endless, breathless media accounts about the “scandal” had damaged the prospects for any progress at the conference. Ad Policy Now, on the eve of the next global gathering in Paris this December, there’s a new scandal. But this one doesn’t come from an anonymous hacker taking a few sentences out of context. This one comes from months of careful reporting by two separate teams, one at the Pulitzer Prize–winning website Inside Climate News, and the other at the Los Angeles Times (with an assist from the Columbia Journalism School). Following separate lines of evidence and document trails, they’ve reached the same bombshell conclusion: ExxonMobil, the world’s largest and most powerful oil company, knew everything there was to know about climate change by the mid-1980s, and then spent the next few decades systematically funding climate denial and lying about the state of the science.

The Japanese Labor Ministry announced that it has recognized that one Fukushima cleanup worker has contracted cancer. Some 44,000 workers have participated in the cleanup after the nuclear disaster in 2011. Most of the workers’ health history is undocumented while the government cracks down on journalists who document the government’s and Fukushima Daiichi operator TEPCO’s cover-up of the impact on workers’ health.

Some 44,000 workers have participated in the cleanup operation at the crippled Fukushima Daichi Nuclear Power plant since the plant was struck by three reactor core meltdowns, spent fuel fires, and the distribution of highly radioactive spent fuel rods and pellets during an explosion. The vast majority of the cleanup workers belong to socio-economically underprivileged strata of Japan’s society, including long-term unemployed and the homeless. Fukushima Daiichi operator TEPCO has been criticized for outsourcing the recruitment of cleanup workers to sub-contractors with ties to Japan’s organized crime network, the Yakuza. While the Labor Ministry’s admission that one cleanup worker contracted leukemia due to exposure to radioactive nucleides during his work at the disaster site may seem like “progress”, it merely covers the tip of an iceberg. Several factors contribute to what amounts to a systematic cover-up of the true impact on the health of cleanup workers. For one, there is Japanese legislation that threatens anyone, including journalists who disclose unauthorized information about the disaster and its detrimental health and environmental impact with up to ten years imprisonment.

Another factor is the systematic intimidation and threats against investigative journalists by the Japanese government, Japanese police, TEPCO, as well as by organized crime networks. One example is the case of independent journalist Mako Oshidori who interviewed and documented the cases of numerous cleanup workers. In 2014 Mako reported that she discovered a TEPCO memo, in which the Fukushima Daiichi operator TEPCO instructs officials to “cut Mako-chan’s (questions) short, appropriately”. Mako Oshidori was enrolled in the School of Life Sciences at Tottori University Faculty of Medicine for three years. Mako revealed that TEPCO and the government cover-up the death of Fukusjima workers and that government agents began following her around after she began investigating the cover-up.

The Syrian Arab Army and National Self Defense Troops, supported by the Syrian and Russian Air Forces established full control over the city of Palmyra and the ancient UNESCO World Heritage Site.

The Syrian Arab Army on Sunday, announced that it had established full control over the city of Palmyra in Homs province, central Syria. The military wrested control over the city and the UNESCO World Heritage Site from the self-proclaimed Islamic State (ISIS / ISIL / Daesh). The Army also established control over the Palmyra Airport east of the city and the Palmyra orchards southwest of the city and south of the ancient ruins and the citadel. Sporadic fighting in isolated pockets continues as the military is seeking out fighters ISIL units that either were left behind when the main body of the insurgents fled the city, or others who stayed behind to slow down the advance of the army. Engineers are in the torturous process of sweeping the entire region for mines, improvised explosive devices, and other hazards that were left behind.

Palmyra is of significant strategic importance for the Syrian  military. The region between Palmyra and the “ISIL capital” Raqqa consists largely of open desert land, dotted by individual hills. The theater gives the advantage to the Syrian Army, for several reasons. The Syrian Arab Army has superior artillery power, especially after Syria received new Russian artillery pieces.

The Yediot Achronot conference attacking BDS has become a veritable carnival of hate.  Everyone from delusional Hollywood celebrities (Roseanne Barr) to cabinet ministers, to the leader of the Opposition have pledged fealty to the cause. But the apogee same yesterday when Transportation Minister Israel Katz called for the “civil targeted killing“of BDS leaders like Omar Barghouti.  The phrase he used (sikul ezrahi memukad) derives from the euphemistic Hebrew phrase for the targeted killing of a terrorist (the literal meaning is “targeted thwarting”).  But the added word ” civil” makes it something different.  Katz is saying that we won’t physically murder BDS opponents, but we will do everything short of that. One may rightly ask what business a transportation minister has conducting targeted killings, physical or otherwise, against anyone.  Though everything in Israel is in service to the national security state, has transportation fallen under that bailiwick as well? We are entering dangerous territory when an Israeli cabinet minister engages in wordplay that verges on putting a bull’s-eye on the backs of non-violent activists.  If there are Israel apologists out there who dismiss the significance of such rhetoric they are sadly mistaken.  In this torrid political environment in which Israeli leftists have become criminals and wounded Palestinian youth may be summarily executed in the street,  it is only too easy to forsee Palestinian activists like Barghouti having a bounty on their heads. Does anyone doubt there are scores of Yigal Amirs out there who’d be pleased to strike a blow for their hateful cause by putting a bullet in the head of a Palestinian?

Not to be outdone, Interior Minister Aryeh Deri called for stripping BDS founder Omar Barghouti of his Israeli residency, which he gained in 1994 when he married an Israeli citizen.  Deri claimed that Barghouti is employing a scam against Israel because his main residence is Ramallah and not Israel (though he’s pursuing, or has completed, an MA at Tel Aviv University).  Given Katz’s ever so veiled threat against him it would be no wonder if Barghouti did choose to value his safety and live where he’s not under threat of death.

Top Secret Minutes of Politburo discussion show Soviets learned the lessons of Chernobyl Open U.S.-Soviet communication regarding the accident on the eve of the Reykjavik summit of Reagan and Gorbachev

Thirty years ago, a Soviet nuclear submarine with about 30 nuclear warheads on board sank off U.S. shores north of Bermuda as Mikhail Gorbachev and Ronald Reagan were preparing for their historic summit in Reykjavik, Iceland.  But instead of Chernobyl-style denials, the Soviet government reached out to the Americans, issued a public statement, and even received offers of help from Washington, according to the never-before-published transcript of that day’s Politburo session, posted today by the National Security Archive. The submarine, designated K-219, suffered an explosion in one of its missile tubes due to the leakage of missile fuel into the tube on October 3.  The 667-A project Yankee-class boat was armed with 16 torpedoes and 16 ballistic missiles. After the initial explosion, the crew members heroically put out fire and were forced to shut down the nuclear reactors manually because the command-and-control equipment had been damaged.  Three crew members died in the blast and fire. Senior Seaman Sergey Preminin stayed in the reactor compartment to shut down reactors, and could not be evacuated.  The rest escaped safely. Initially, it seemed the submarine could be salvaged; it was attached to the Soviet commercial ship Krasnogvardeisk for towing.  However, the tow cord broke for unknown reasons and the submarine sank.  Submarine Commander Captain Second rank Igor Britanov stayed with the sub until its final moments.  He initially came under investigation at home but all charges were removed in 1987.  According to statements by U.S. Vice Admiral Powell Carter, the submarine did not present a danger of nuclear explosion or radioactive contamination, as was reported by the New York Times.[1]

The Politburo also heard a report from Deputy Defense Minister Chief of Navy Admiral Vladimir Chernavin.  Other members present express concerns about a possible U.S. effort to salvage parts of the submarine and gain access to design information.  But Chernavin assures them that the boat design is outdated and therefore is not of any interest to the Americans.  Another major concern raised is the possibility of a nuclear explosion or radioactive contamination due to water pressure at extreme depths.  Chernavin cites Soviet Navy commission experts who ruled out the possibility of a nuclear detonation and concluded that contamination would happen over a long period and would not reach the surface.

The Obama administration threatened to pull out of talks with Russia over a collapsed cease-fire in Syria and has renewed an internal debate over giving rebels more firepower to fend off a stepped-up Russian and Syrian assault on their Aleppo stronghold, U.S. officials said. The White House put the weaponry debate on hold earlier this year to give Secretary of State John Kerry an opportunity to try to negotiate a cease-fire with his counterpart in Russia.

The renewed debate on what is referred to within the administration as Plan B, according to U.S. officials, centers on whether to authorize the Central Intelligence Agency and its partners in the region to deliver weapons systems that would enable CIA-vetted rebel units to strike Syrian and Russian artillery positions from longer distances. The Obama administration has ruled out providing so-called man-portable air-defense systems, known as Manpads, to the rebels, but officials said they are considering arming them with antiaircraft systems that are less mobile and would pose less of a proliferation risk. State Department spokesman John Kirby said Wednesday that the Obama administration was discussing options to address the conflict “that are outside diplomacy,” but declined to provide specifics.

Officials said the speed of the Russian and Syrian offensive against Aleppo has put pressure on the White House to accelerate its deliberations and forced policy makers to look at options they previously were reluctant to seriously consider. In addition to the CIA and its partners providing weapons, the U.S. is considering giving a green light to its regional allies, including Turkey and Saudi Arabia, to provide more-powerful weapons systems to the rebels. Some U.S. officials believe that it already may be too late to have any impact on the battlefield, and that the administration should consider taking direct U.S. military action against the Assad regime to halt the campaign. Officials predicted there would be strong opposition at the White House to any options involving direct U.S. military action against the Assad regime, because of the risk of triggering a wider conflict with Russia. The U.S. military has been conducting strikes in Syria against Islamic State since 2014.

Germany wants G20 leaders to agree to a concrete plan – one that includes affordable Internet access across the world by 2025, common technical standards and a focus on digital learning. Today, the G20 economies, like so many other economies around the world, are digital and interconnected. Digital services have opened up new avenues for sustainable economic growth. But, the digital economy will only continue to thrive and generate opportunities for citizens if the Internet is strong, secure, and trusted. Without this foundation, the global digital economy is at risk. Currently, there are 360 million people that take part in cross-border e-commerce. 28% of output in mature economies is digital. The Internet is set to contribute $6.6 trillion a year, or 7.1% of the total GDP in the G20 countries. And, by 2020, it’s estimated that more than 1 billion users will be added and there will be 30-50 billion additional connected devices. This level of interconnection will only boost the market. However, this cannot happen without a serious commitment by all parties to security and privacy. The truth is that economies can only function within a secure and trusted environment. Which brings us to encryption. Strong encryption is an essential piece to the future of the world’s economy and the Internet Society believes it should be the norm for all online transactions. It allows us to do our banking, conduct local and global business, run our power grids, operate, communications networks, and do almost everything else.

Encryption is a technical building block for securing infrastructure, communications and information. It should be made stronger and universal, not weaker. However, rather than being recognized as the way to secure our online transactions or our conversations, all too often the debate focuses on the use of encryption as a way to thwart law enforcement. To undermine the positive role of encryption in the name of security could have devastating consequences. Many great minds have already devoted considerable effort to resolving the conundrum posed by competing public policy objectives: providing security, safety and trust on the one hand, and law enforcement and legitimate policy goals on the other. But, it is time to stop kicking the encryption football up and down the field. Instead, we should recognize that encryption is key to the future digital economy and stop treating it as simply an obstacle to law enforcement. We need to deconstruct the issues faced by law enforcement and policy makers and agree together how we can achieve a trusted digital economy underpinned by encryption. This is the first time the G20 countries are holding a Ministerial on digital matters. It is also the first time that the G20 is inviting non-government stakeholders to contribute to these issues. This is a turning point that should not be missed. All views, including the technical perspective, must be at the table if we are to achieve progress on the G20’s ICT goals. If the G20 countries are serious about strengthening their economies and continuing to deliver economic and social prosperity to their citizens in future, there are three key principles they should endorse and implement immediately:

1. Encryption is an important technical foundation for trust in the digital economy and should be the norm. All users (whether government, business or individual) should use encryption to protect infrastructure, communications and the privacy and integrity of their data. Encryption technologies should be strengthened, not weakened. 2. The security of the digital economy is a shared responsibility that needs the expertise and experience of all stakeholders, across border and across disciplines. It is an urgent need that will require open, inclusive collaboration. 3. Users’ rights should be at the heart of any decisions related to the digital economy. They are both the customers and the contributors to the success of the digital economy. The Internet Society calls for ubiquitous encryption for the Internet. We strongly believe that this is the best foundation for trust in the digital economy, and we urge the G20 nations to stand behind encryption.

“Professor Stephen Hawking thinks the human species will have to populate a new planet within 100 years if it is to survive. With climate change, overdue asteroid strikes, epidemics, and population growth, our own planet is increasingly precarious,” a BBC press statement announcing the documentary says.

This week, a groundbreaking article in Science proves that a better way to secure a media system that works for democracy is to strengthen independent news outlets. The five-year long study published this week in Science, directed by Harvard Professor Gary King, shows that even small independent news outlets can have a dramatic effect on the content of national conversation.  King, along with his now former graduate students Ben Schneer and Ariel White, found that if just three outlets write about a particular major national policy topic – such as jobs, the environment or immigration – discussion of that topic across social media rose by as much as 62.7 percent of a day’s volume, distributed over the week.