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Paul Merrell

China summons US envoy over cyber-spying charges, vows retaliation - RT News - 0 views

  • China has dismissed all US accusations of industrial cyber-espionage against five of its military officials and published proof that Washington is actually stealing data from China. Beijing also summoned the US ambassador for an explanation. Beijing reacted to Washington’s recent round of industrial espionage accusations by publishing its latest data on US cyber-attacks against China.
  • China’s National Computer Network Emergency Response Technical Team Coordination Center of China (NCNERTTCC) reported that during just two months, from March 19 to May 18, the US directly controlled 1.18 million host computers in China using 2,077 Trojan horse networks or botnet servers. According to the NCNERTTCC, over the last two months 135 host computers stationed in the US conducted 14,000 phishing operations against Chinese websites using for the attacks 563 phishing pages. The other hacking activities through the same period of time included 57,000 backdoor attacks, performed from 2,016 IP addresses in the US through backdoors implanted on 1,754 Chinese websites. The Chinese Foreign Ministry summoned the American ambassador to China for an explanation, urging him to drop all charges against China’s military officers. The meeting between Chinese Assistant Foreign Minister Zheng Zeguang and US Ambassador Max Baucus took place on Monday night, reported Xinhua.
  • Depending on further developments, China “will take further action on the so-called charges by the United States,” Zheng told Baucus. “The Chinese government and military and its associated personnel have never conducted or participated in the theft of trade secrets over the internet,” Zheng reportedly told Baucus as quoted by Xinhua.
Paul Merrell

Israel Flagged as Top Spy Threat to U.S. in New Snowden/NSA Document - 0 views

  • Israel was singled out in 2007 as a top espionage threat against the U.S. government, including its intelligence services, in a newly published National Security Agency (NSA) document obtained by fugitive leaker Edward Snowden, according to a news report Monday. The document also identified Israel, along with North Korea, Cuba and India, as a “leading threat” to the infrastructure of U.S. financial and banking institutions. The threats were listed in the NSA’s 2007 Strategic Mission List, according to the document obtained by journalist/activist Glenn Greenwald, a founding editor of The Intercept, an online magazine that has a close relationship with Snowden, a former NSA and CIA contractor who fled the U.S. with thousands of top-secret documents last year.
  • In this new document, Israel was identified by the NSA as a security threat in several areas, including “the threat of development of weapons of mass destruction” and “delivery methods (particularly ballistic and nuclear-capable cruise missiles).” The NSA also flagged Israel’s “WMD and missile proliferation activities” and “cruise missiles” as threats. In a section of the document headed “Foreign Intelligence, Counterintelligence; Denial & Deception Activities: Countering Foreign Intelligence Threats,” Israel was listed as a leading perpetrator of “espionage/intelligence collection operations and manipulation/influence operations…against U.S. government, military, science & technology and Intelligence Community” organs. The term “manipulation/influence operations” refers to covert attempts by Israel to sway U.S. public opinion in its favor. In this, Israel has dubious company, according to the NSA: Other leading threats were listed as China, Russia, Cuba, Iran, Pakistan, North Korea, France, Venezuela and South Korea.
  • Israel has similar company in threats against U.S. infrastructure, according to the NSA document. Under a section headed “Mastering Cyberspace and Preventing an Attack on U.S. Critical Information Systems,” Israel, India, North Korea and Cuba are identified as “FIS [financial/banking system] threats.” Israel also appears on the list of countries believed by the NSA to be “enabling” electronic warfare “producers/proliferators.” The new document again underscores the schizoid relationship between the U.S. and Israel, which cooperate closely in military and intelligence operations but also aggressively spy on each other. A previously released Snowden document said that “one of NSA’s biggest threats is actually from friendly intelligence services, like Israel.” Another revealed that a U.S. National Intelligence Estimate ranked Israel as “the third most aggressive intelligence service against the U.S.,” behind only China and Russia.
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  • Related Articles Israel Eavesdropped on President Clinton’s Diplomatic Phone Calls
Paul Merrell

New Cyber-Spying Discovery Points to NSA and the "Five Eyes" - WhoWhatWhy - 0 views

  • here’s yet another tantalizing clue that the National Security Agency and its “Five Eyes” allies are behind a poweful cyber-espionage tool called Regin, used to spy on friend and enemy alike. That’s the conclusion Russian cybersecurity firm Kaspersky drew after examining the source code of Regin and an innocuously-named spying tool called QWERTY. It’s an appropriate monicker. The malware, known as a keylogger,  vacuums up anything typed on a computer keyboard and sends it back to the programmer controlling it. The crucial clue Kaspersky found is that QWERTY “can only operate as part of the Regin platform.” After tracking Regin across 14 countries for years, Kaspersky and technology firm Symantec identified it in November 2014.  At the time, Symantec said Regin’s “capabilities and the level of resources behind [it] indicate that it is one of the main cyberespionage tools used by a nation state.” 
  • Though neither company said it, suspicion immediately arose that the NSA and its allies had created Regin. It immediately drew comparisons with Stuxnet, the joint U.S.-Israeli computer worm used to damage Iranian nuclear centrifuges in Natanz in 2009. Unlike Stuxnet’s narrow mission of sabotage, Regin is designed for spying in a wide set of environments. It hides in plain sight, disguised as ordinary Microsoft software.
  • The new evidence further points to the Five Eyes. The German news magazine Der Spiegel has a trove of documents from NSA whistleblower Edward Snowden, which included the source code. Der Spiegel gave Kaspersky the code to examine: The new analysis provides clear proof that Regin is in fact the cyber-attack platform belonging to the Five Eyes alliance, which includes the U.S., Britain, Canada, Australia and New Zealand. Neither Kaspersky nor Symantec commented directly on the likely creator of Regin. But there can be little room left for doubt regarding the malware’s origin. Der Spiegel pointed to five elements they believe suggest Five Eyes authorship: the presence of QWERTY in Snowden’s files, its use in the Belgacom hack by Britain’s GCHQ, references to the sport of cricket in the code, structural similarities to tools outlined in other Snowden documents, and targets consistent with other Five Eyes tools and campaigns.
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  • Regin has been used to spy on telecom providers, financial institutions, energy companies, airlines, research institutes and the hospitality industry, and on European Union officials. The 14 countries found to have been penetrated include Russia, Malaysia, Afghanistan, and Fiji. Even though the trail is hot now, security experts say that Regin is still out there committing wholesale espionage. That’s because parts of it like QWERTY help mask other components. Like any good spy, it’s constantly changing disguises.
Paul Merrell

When Snowden Speaks, Future Lawyers (and Judges) Listen - Slashdot - 0 views

  • We are witness to a historic first: an individual charged with espionage and actively sought by the United States government has been (virtually) invited to speak at Harvard Law School, with applause. [Note: all of the following links go to different parts of a long YouTube video.] HLS Professor Lawrence Lessig conducted the hour-long interview last Monday with a list of questions by himself and his students. Some interesting segments from the interview include: Snowden's assertion that mass domestic intercept is an "unreasonable seizure" under the 4th Amendment; that it also violates "natural rights" that cannot be voted away even by the majority; a claim that broad surveillance detracts from the ability to monitor specific targets such as the Boston Marathon bombers; him calling out Congress for not holding Clapper accountable for misstatements; and his lament that contractors are exempt from whistleblower protection though they do swear an oath to defend the Constitution from enemies both foreign and domestic.
  • These points have been brought up before. But what may be most interesting to these students is Snowden's suggestion that a defendant under the Espionage Act should be permitted to present an argument before a jury that the act was committed "in the public interest." Could this help ensure a fair trial for whistleblowers whose testimony reveals Constitutional violation?
Paul Merrell

Inside the NSA's Ultra-Secret China Hacking Group - By Matthew M. Aid | Foreign Policy - 0 views

  • This weekend, U.S. President Barack Obama sat down for a series of meetings with China's newly appointed leader, Xi Jinping. We know that the two leaders spoke at length about the topic du jour -- cyber-espionage -- a subject that has long frustrated officials in Washington and is now front and center with the revelations of sweeping U.S. data mining. The media has focused at length on China's aggressive attempts to electronically steal U.S. military and commercial secrets, but Xi pushed back at the "shirt-sleeves" summit, noting that China, too, was the recipient of cyber-espionage. But what Obama probably neglected to mention is that he has his own hacker army, and it has burrowed its way deep, deep into China's networks.
  • It turns out that the Chinese government's allegations are essentially correct. According to a number of confidential sources, a highly secretive unit of the National Security Agency (NSA), the U.S. government's huge electronic eavesdropping organization, called the Office of Tailored Access Operations, or TAO, has successfully penetrated Chinese computer and telecommunications systems for almost 15 years, generating some of the best and most reliable intelligence information about what is going on inside the People's Republic of China.
Gary Edwards

New Snowden Statement: 'The Obama Administration Is Afraid of You' - 0 views

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    "This just released by WikiLeaks: July 1st Statement from Super Patriot & NSA Whistleblower extraordinaire, Edward Snowden .......... One week ago I left Hong Kong after it became clear that my freedom and safety were under threat from my government for revealing the truth. My continued liberty has been owed to the efforts of friends new and old, family, and others who I have never met and probably never will. I trusted them with my life and they returned that trust with a faith in me for which I will always be thankful. On Thursday, President Obama declared before the world that he would not permit any diplomatic "wheeling and dealing" over my case. Yet now it is being reported that after promising not to do so, the President ordered his Vice President to pressure the leaders of nations from which I have requested protection to deny my asylum petitions. This kind of deception from a world leader is not justice, and neither is the extralegal penalty of exile. These are the old, bad tools of political aggression. Their purpose is to frighten, not me, but those who would come after me. For decades the United States of America have been one of the strongest defenders of the human right to seek asylum. Sadly, this right, laid out and voted for by the U.S. in Article 14 of the Universal Declaration of Human Rights, is now being rejected by the current government of my country. The Obama administration has now adopted the strategy of using citizenship as a weapon. Although I am convicted of nothing, it has unilaterally revoked my passport, leaving me a stateless person. Without any judicial order, the administration now seeks to stop me exercising a basic right. A right that belongs to everybody. The right to seek asylum. In the end the Obama administration is not afraid of whistleblowers like me, Bradley Manning or Thomas Drake. We are stateless, imprisoned, or powerless. No, the Obama administration is afraid of you. It is afraid of an informed, angry public de
Gary Edwards

The Stunning Hypocrisy of the U.S. Government - BlackListedNews.com - 1 views

  • Please read this rather good summary in this morning’s New York Times of the worldwide debate Snowden has enabled – how these disclosures have “set off a national debate over the proper limits of government surveillance” and “opened an unprecedented window on the details of surveillance by the NSA, including its compilation of logs of virtually all telephone calls in the United States and its collection of e-mails of foreigners from the major American Internet companies, including Google, Yahoo, Microsoft, Apple and Skype” – and ask yourself: has Snowden actually does anything to bring “injury to the United States”, or has he performed an immense public service?
  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”.
  • It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
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  • The Obama administration leaks classified information continuously. They do it to glorify the President, or manipulate public opinion, or even to help produce a pre-election propaganda film about the Osama bin Laden raid.
  • The Obama administration does not hate unauthorized leaks of classified information. They are more responsible for such leaks than anyone.
  • What they hate are leaks that embarrass them or expose their wrongdoing.
  • The “enemy” they’re seeking to keep ignorant with selective and excessive leak prosecutions are not The Terrorists or The Chinese Communists.
  • It’s the American people.
  • The people who have learned things they didn’t already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true.
  • What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.
  • And that is precisely why the US government is so furious and will bring its full weight to bear against these disclosures.
  • What has been “harmed” is not the national security of the US but the ability of its political leaders to work against their own citizens and citizens around the world in the dark, with zero transparency or real accountability.
  • If anything is a crime, it’s that secret, unaccountable and deceitful behavior: not the shining of light on it.
  • At a press conference to discuss the accusations, an N.S.A. spokesman surprised observers by announcing the spying charges against Mr. Snowden with a totally straight face. “These charges send a clear message,” the spokesman said. “In the United States, you can’t spy on people.”
  • “The American people have the right to assume that their private documents will remain private and won’t be collected by someone in the government for his own purposes.”
  • “Only by bringing Mr. Snowden to justice can we safeguard the most precious of American rights: privacy,” added the spokesman, apparently serious.
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    Extremely well linked story from "Washington's Blog" excerpt: "The Government's Hypocrisy Is the Core Problem Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. are hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles.  If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies,  the failed war on drugs, and other wasted and counter-productive expenses, we wouldn't need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn't be nationalized, because that would be socialism.  Instead of temporarily nationalizing them and then spinning them off to the private sector - or breaking them up - the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy.  But every single one of these bills actually bails out the banks … and doesn't really help the homeowner. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama's hypocrisy in slamming Bush's spying programs … and then expanding them  (millions more). And in slamming China's cyber-warfare … while doing the same thing. And - while the Obama administration is spying on everyone in the country - it is at the same time the most secretive administration ever (ba
Paul Merrell

Obama's crackdown views leaks as aiding enemies of U.S. | McClatchy - 0 views

  • Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions. President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.
  • Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.
  • Employees must turn themselves and others in for failing to report breaches. “Penalize clearly identifiable failures to report security infractions and violations, including any lack of self-reporting,” the strategic plan says.The Obama administration already was pursuing an unprecedented number of leak prosecutions, and some in Congress – long one of the most prolific spillers of secrets – favor tightening restrictions on reporters’ access to federal agencies, making many U.S. officials reluctant to even disclose unclassified matters to the public. The policy, which partly relies on behavior profiles, also could discourage creative thinking and fuel conformist “group think” of the kind that was blamed for the CIA’s erroneous assessment that Iraq was hiding weapons of mass destruction, a judgment that underpinned the 2003 U.S. invasion. “The real danger is that you get a bland common denominator working in the government,” warned Ilana Greenstein, a former CIA case officer who says she quit the agency after being falsely accused of being a security risk. “You don’t get people speaking up when there’s wrongdoing. You don’t get people who look at things in a different way and who are willing to stand up for things. What you get are people who toe the party line, and that’s really dangerous for national security.”
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  • The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.
  • The program, however, gives agencies such wide latitude in crafting their responses to insider threats that someone deemed a risk in one agency could be characterized as harmless in another. Even inside an agency, one manager’s disgruntled employee might become another’s threat to national security. Obama in November approved “minimum standards” giving departments and agencies considerable leeway in developing their insider threat programs, leading to a potential hodgepodge of interpretations. He instructed them to not only root out leakers but people who might be prone to “violent acts against the government or the nation” and “potential espionage.”
  • The Department of Education, meanwhile, informs employees that co-workers going through “certain life experiences . . . might turn a trusted user into an insider threat.” Those experiences, the department says in a computer training manual, include “stress, divorce, financial problems” or “frustrations with co-workers or the organization.”An online tutorial titled “Treason 101” teaches Department of Agriculture and National Oceanic and Atmospheric Administration employees to recognize the psychological profile of spies.
Paul Merrell

Julian Assange to be questioned inside embassy as Ecuador agrees to set date | Media | ... - 0 views

  • Julian Assange will be questioned by Swedish prosecutors inside the Ecuadorian embassy in London, in a possible breakthrough to end the impasse over his case. The Ecuadorian attorney general delivered a document agreeing to a request by the Swedish prosecutor to question the founder of WikiLeaks. He is wanted for questioning over a rape allegation, which he denies. If he goes to Sweden he believes he will be taken to the US because of the activities of WikiLeaks. Assange has been living inside the embassy for more than four years and has been granted political asylum by Ecuador.
  • He has offered to be questioned inside the embassy but Swedish prosecutors have only recently agreed. A statement issued in Ecuador said: “In the coming weeks a date will be established for the proceedings to be held at the embassy of Ecuador in the United Kingdom.
  • The statement said the proceedings did not affect the recent opinion of the Working Group on Arbitrary Detentions of the United Nations, which found that Assange was being arbitrarily detained. The working group called for Assange to be released and given compensation for violation of his rights. The Ecuador statement added: “Ecuador’s foreign ministry reiterates its commitment to the asylum granted to Julian Assange in August 2012, and reaffirms that the protection afforded by the Ecuadorian state shall continue while the circumstances persist that led to the granting of asylum, namely fears of political persecution.”
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    Assange justifiably fears that if he submits to extradition to Sweden, that nation would in turn hand him over to the U.S. for prosecution under the Espionage Act. It is known that a grand jury handed down indictments in the case involving a leak of massive numbers of State Department cables by Chelsea (formerly Bradley) Manning. Wikileaks received and published those documents. Soon after, a prosecutor in Sweden began a rape investigation, despite both women involved saying that they were not raped. No rape charges have actually been filed. The British courts later granted Sweden's extradition request, despite there being no charges pending, at which point Assange was granted asylum by Ecuador and has been effectively imprisoned in that nation's London embassy ever since.
Paul Merrell

Kremlin Denies Claim It Considered Giving Snowden As 'Gift' To Trump - 0 views

  • Amid reports that Moscow is considering handing over NSA whistleblower Edward Snowden as a “gift” to U.S. President Donald Trump, a Russian government spokesperson said Monday that the Kremlin and the White House have not discussed the matter, Russia’s state TASS agency reported. “No, this issue (Snowden’s fate) was not raised,” presidential spokesperson Dmitry Peskov told reporters Monday, adding that Russian officials have not taken a position on whether Snowden should be extradited to the U.S. or granted Russian citizenship. “The issue was not raised (during the Russian-US contacts),” Peskov said. “At the moment it is not among bilateral issues.” The statement comes after Snowden — who has lived in Russia since 2013, first with one-year temporary asylum then a residence permit — revealed in recent days that he is “not afraid” of being handed over to the United States, where he faces espionage charges for his explosive 2013 leak of documents on secret U.S. mass surveillance programs.
  • However, Snowden also said in an interview with Yahoo News that talk of a possible trade between Moscow and Washington makes him feel “encouraged” because it vindicates him in the face of accusations that he has been a spy for Russia by laying bare the fact that he has always been independent and “worked on behalf of the United States.” “Finally: irrefutable evidence that I never cooperated with Russian intel,” he tweeted on Friday. “No country trades away spies, as the rest would fear they’re next.” In the U.S., Snowden faces charges of theft of government property and violation of the Espionage Act on two counts, which each carry a maximum sentence of 10 years.
  • “What I am proud of,” Snowden told Yahoo News, “is the fact that every decision that I have made I can defend.” Snowden is set to be eligible to apply for Russian citizenship next year, according to his lawyer. Last month, Moscow extended his residence permit, which is now valid until 2020.
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    One of the bravest patriots in U.S. history, forced to live abroad. Ain't that life?
Paul Merrell

Glenn Greenwald: The NSA Can "Literally Watch Every Keystroke You Make" - 0 views

  • On Sunday, the German publication Der Spiegel revealed new details about secretive hacking—a secretive hacking unit inside the NSA called the Office of Tailored Access Operations, or TAO. The unit was created in 1997 to hack into global communications traffic. Still with us, Jameel Jaffer, deputy legal director of the ACLU, director of the ACLU’s Center for Democracy, and Glenn Greenwald, the journalist who first broke the story about Edward Snowden. Glenn, can you just talk about the revelations in Der Spiegel?
  • And one of the ways that they’re doing it is that they intercept products in transit, such as if you order a laptop or other forms of Internet routers or servers and the like, they intercept it in transit, open the box, implant the malware, factory-seal it and then send it back to the user. They also exploit weaknesses in Google and YouTube and Yahoo and other services, as well, in order to implant these devices. It’s unclear to what extent, if at all, the companies even know about it, let alone cooperate in it. But what is clear is that they’ve been able to compromise the physical machines themselves, so that it makes no difference what precautions you take in terms of safeguarding the sanctity of your online activity.
  • But we’ve actually been working, ourselves, on certain stories that should be published soon regarding similar interdiction efforts. And one of the things that I think is so amazing about this, Amy, is that the U.S. government has spent the last three or four years shrilly, vehemently warning the world that Chinese technology companies are unsafe to purchase products from, because they claim the Chinese government interdicts these products and installs surveillance, backdoors and other forms of malware onto the machinery so that when you get them, immediately your privacy is compromised. And they’ve actually driven Chinese firms out of the U.S. market and elsewhere with these kinds of accusations. Congress has convened committees to issue reports making these kind of accusations about Chinese companies. And yet, at the same time, the NSA is doing exactly that which they accuse these Chinese companies of doing. And there’s a real question, which is: Are these warnings designed to steer people away from purchasing Chinese products into the arms of the American industry so that the NSA’s ability to implant these devices becomes even greater, since now everybody is buying American products out of fear that they can no longer buy Chinese products because this will happen to them?
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  • And the final thing I want to say is, you know, all this talk about amnesty for Edward Snowden, and it’s so important that the rule of law be applied to him, it’s really quite amazing. Here’s Michael Hayden. He oversaw the illegal warrantless eavesdropping program implemented under the Bush administration. He oversaw torture and rendition as the head of the CIA. James Clapper lied to the face of Congress. These are felonies at least as bad, and I would say much worse, than anything Edward Snowden is accused of doing, and yet they’re not prosecuted. They’re free to appear on television programs. The United States government in Washington constantly gives amnesty to its highest officials, even when they commit the most egregious crimes. And yet the idea of amnesty for a whistleblower is considered radical and extreme. And that’s why a hardened felon like Michael Hayden is free to walk around on the street and is treated on American media outlets as though he’s some learned, wisdom-drenched elder statesman, rather than what he is, which is a chronic criminal.
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    Greenwald asks a very good question about the U.S. government accusing the Chinese government of cyber-espionage and the government's finding that Chinese-manufactured ware pose a security risk. Was that intended to drive people to purchase hardware that comes equipped with NSA backdoors? The flip side, of course, is whether the world should be beating feet to purchase their hardware from the Chinese in order to escape the NSA backdoors. Then there is the question of how those backdoors might have made their way into the hardware devices without the acquiescence of their manufacturers, who surely would have realized that their businesses might take enormous financial hits if knowledge of the backdoors became public? Bribing key staff? The manufacturers named in the Der Spiegel article surely are going to face some hard questions and they may face some very unhappy shareholders if their stock prices take a dive. It would be fun to see a shareholder's derivative class action against one of these companies for having acquiesced to NSA implantation of backdoors, leading to the disclosure and the fall in stock price. Caption the case as Wall Street, Inc. v. National Security Agency, dba Seagate Technology, PLC, then watch the feathers and blood fly.  "Seagate is the company the world trusts to store our lives - our files and photos, our libraries and histories, our science and progress."   Yes, and your stockholders trusted you not to endanger their investment by adding NSA backdoors in your products.
Gary Edwards

Is The US Using Prism To Engage In Commercial Espionage Against Germany And Others? | T... - 1 views

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    Meanwhile, illegal NSA spying is expected to cost USA Cloud Computing companies $35 Billion in lost sales and services. "whistleblower Edward Snowden worked for the CIA, rather than the NSA. Here's the original text in the Guardian: By 2007, the CIA stationed him with diplomatic cover in Geneva, Switzerland. His responsibility for maintaining computer network security meant he had clearance to access a wide array of classified documents. That access, along with the almost three years he spent around CIA officers, led him to begin seriously questioning the rightness of what he saw. He described as formative an incident in which he claimed CIA operatives were attempting to recruit a Swiss banker to obtain secret banking information. Snowden said they achieved this by purposely getting the banker drunk and encouraging him to drive home in his car. When the banker was arrested for drunk driving, the undercover agent seeking to befriend him offered to help, and a bond was formed that led to successful recruitment. In that quotation, there's the nugget of information that the CIA was not targeting terrorists on this occasion, at least not directly, but "attempting to recruit a Swiss banker to obtain secret banking information". That raises an interesting possibility for the heightened interest in Germany, as revealed by Boundless Informant. Given that the NSA is gathering information on a large scale -- even though we don't know exactly how large -- it's inevitable that some of that data will include sensitive information about business activities in foreign countries. That could be very handy for US companies seeking to gain a competitive advantage, and it's not hard to imagine the NSA passing it on in a suitably discreet way. Germany is known as the industrial and economic powerhouse of Europe, so it would make sense to keep a particularly close eye on what people are doing there -- especially if those people happen to work in companies that compete with US firms.
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    Closely related: see http://www.theguardian.com/business/2013/aug/02/telecoms-bt-vodafone-cables-gchq (,) an article on British telecom's collaboration with wiretapping by the UK's counterpart to the NSA, GCHQ. According to an inside source: "The source said analysts used four criteria for determining what was examined: security, terror, organised crime and Britain's economic wellbeing." I also recall that years ago during the furor over the Echelon system, an EU Parliament investigation had concluded that there were concrete instances of commercial intelligence being passed on by NSA to American companies. Specifically, I recall a finding that during development of the AirBus, details of its design had been intercepted by NSA and passed on to Boeing. There was testimony received that more generically discussed the types of economic surveillance conducted. http://cryptome.org/echelon-nh.htm (page search for "economic"). The same researcher stressed that in public statements: "Those targets like terrorism and weapons transport are used as a cover for the traditional areas of spying, the predominant areas of spying, which are political, diplomatic, economic and military."
Paul Merrell

Michael Hayden talks to CNN about XKEYSCORE program. - 0 views

  • Does the NSA really operate a vast database that allows its analysts to sift through millions of records showing nearly everything a user does on the Internet, as was recently reported? Yes, and people should stop worrying and learn to love it, according former NSA chief Gen. Michael Hayden. Last week, the Guardian published a series of leaked documents revealing new details about an NSA surveillance program called XKEYSCORE. The newspaper said that the program enabled the agency to “search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals,” and secret slides dated 2008 showed how people could be deemed a target for searching the Web for “suspicious stuff” or by using encryption. Following the disclosures, Hayden appeared on CNN to discuss the agency’s surveillance programs. The general, who directed the NSA from 1999 through 2005, was remarkably candid in his responses to Erin Burnett’s questions about the Guardian’s XKEYSCORE report. Was there any truth to claims that the NSA is sifting through millions of browsing histories and able to collect virtually everything users do on the Internet? “Yeah,” Hayden said. “And it's really good news.”
  • Not only that, Hayden went further. He revealed that the XKEYSCORE was “a tool that's been developed over the years, and lord knows we were trying to develop similar tools when I was at the National Security Agency.” The XKEYSCORE system, Hayden said, allows analysts to enter a “straight-forward question” into a computer and sift through the “oceans of data” that have been collected as part of foreign intelligence gathering efforts. How this process works was illustrated in the Guardian’s report. Analysts can enter search terms to sift through data and select from a drop-down menu a target’s “foreignness factor,” which is intended to minimize the warrantless surveillance of Americans. However, operating a vast electronic dragnet such as this is far from an exact science, and the NSA’s system of sifting data from the backbone of international Internet networks likely sometimes involves gobbling up information on Americans’ communications and online activity—whether it is done wittingly or not. Indeed, the NSA reportedly only needs to have 51 percent certainty that it is targeting a foreigner. And as leaked secret rules for the surveillance have shown, even if the NSA does “inadvertently” gather Americans’ communications, it can hold on to them if they are deemed valuable for vague “foreign intelligence” purposes or if the communications show evidence of a crime that has occurred or may occur in the future.
  • In the CNN interview, Hayden described XKEYSCORE as “really quite an achievement” and said that it enabled NSA spies to find the needle in the haystack. But his ardent defense of the system is unlikely to reassure civil liberties advocates. Having Hayden’s support is a rather dubious stamp of approval, particularly because he was responsible for leading the NSA’s illegal warrantless wiretapping program, which was initiated post-9/11 and exposed by the New York Times in 2005. Hayden later went on to lead the CIA from 2006 through 2009, where he oversaw the use of the waterboarding torture technique and the operation of a controversial black-site prison program that was eventually dismantled by President Obama. The former NSA chief retired in 2009, but he has since become a regular media commentator, using a recent column at CNN to blast Snowden for leaking the secret NSA documents and implying that he’d like to see the Guardian journalist Glenn Greenwald prosecuted as a “co-conspirator” for his role reporting the surveillance scoops.
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    Let's see, the entire U.S. military has been forbidden from reading The Guardian because the documents Edward Snowden leaked are still classified. But a former NSA chief can confirm their accuracy on CNN?  Surely, even as I write a grand jury is busy indicting him on Espionage Act charges? No? Smells like hypocrisy to me. 
Paul Merrell

The FBI could have stopped the Stratfor leak at any point - Sue Crabtree - News - World... - 0 views

  • The persecution of Jeremy Hammond is largely being ignored by the US mass media but the case of the young man  accused of being involved in the passing of the Stratfor E-Mails to WikiLeaks is full of contradictions and serious reasons to question the motives of the judge and the entire prosecution, including the FBI which, it has been revealed, not only orchestrated the hack through an FBI informant known by the code name "Sabu", but could have stopped the leak of the files anytime had they wanted. The FBI were in fact storing the "Stratfor Files" on their own servers for two weeks before they were released to WikiLeaks. According to Sue Crabtree, a close friend of Jeremy and the mother of the family who took Jeremy in and whose children considered him a brother, the FBI may have been interested in the activities of Stratfor which may explain why they held the material on their servers for so long. Mrs. Crabtree also believes that the FBI was interested in selling the material to WikiLeaks so that charges of espionage could be brought.
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    Way interesting! Seems that Jeremy Hammond was the unwitting sock puppet of the FBI and that the Stratfor files he filched at the FBI's request were even stored on FBI-controlled servers before being turned over to Wikileaks, with the FBI's knowledge. I wish that I could automatically reject such allegations as preposterous, but given the way our government has been behaving lately ... 
Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
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    Woo-hoo! Go get'em, U.N.
Paul Merrell

Snowden document shows Canada set up spy posts for NSA - Politics - CBC News - 0 views

  • A top secret document retrieved by American whistleblower Edward Snowden reveals Canada has set up covert spying posts around the world and conducted espionage against trading partners at the request of the U.S. National Security Agency. The leaked NSA document being reported exclusively by CBC News reveals Canada is involved with the huge American intelligence agency in clandestine surveillance activities in “approximately 20 high-priority countries."
  • Sections of the document with the highest classification make it clear in some instances why American spymasters are particularly keen about enlisting their Canadian counterparts, the Communications Security Establishment Canada. "CSEC shares with the NSA their unique geographic access to areas unavailable to the U.S," the document says. The briefing paper describes a "close co-operative relationship" between the NSA and its Canadian counterpart, the Communications Security Establishment Canada, or CSEC — a relationship "both sides would like to see expanded and strengthened. "The intelligence exchange with CSEC covers worldwide national and transnational targets."
  • The briefing notes make it clear that Canada plays a very robust role in intelligence-gathering around the world in a way that has won respect from its American equivalents.
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  • The intimate Canada-U.S. electronic intelligence relationship dates back more than 60 years. Most recently, another Snowden document reported by CBC News showed the two agencies co-operated to allow the NSA to spy on the G20 summit of international leaders in Toronto in 2010. But what the latest secret document reveals for the first time is just how expansive Canada's international espionage activities have become.
  • The NSA document depicts CSEC as a sophisticated, capable and highly respected intelligence partner involved in all manner of joint spying missions, including setting up listening posts at the request of the Americans. "CSEC offers resources for advanced collection, processing and analysis, and has opened covert sites at the request of NSA," the document states.
  • Aside from compromising the actual intelligence operation, Wark says, an exposed spy mission can imperil Canada's other diplomatic operations — "the political contacts, the trade contacts, the generation of goodwill between the countries and any sense of co-operation." Wark says if a country feels targeted by a Canadian embassy, it can put everyone working there under a cloud of suspicion: “Are they really diplomats or are they spies?” As a result of those risks, Wark says, approval for CSEC to establish a covert spying post at the request of the NSA would have to come from the ministerial level of the Canadian government — or even from the prime minister himself.
  • Canada and the U.S. have long shared security intelligence with sister agencies in the U.K., Australia and New Zealand – the so-called "Five Eyes" partnership. But the latest secret Snowden missive shows CSEC and the NSA becoming physically intertwined. "Co-operative efforts include the exchange of liaison officers and integrees," the document reveals, a reference to CSEC operatives working inside the NSA, and vice-versa. It notes the NSA also supplies much of the computer hardware and software CSEC uses for encryption, decoding and other state-of-the-art essentials of electronic spying needed for "collection, processing and analytic efforts."
  • CSEC employs about 2,000 people, has an annual budget of roughly $450 million and will soon move into an architecturally spectacular new Ottawa headquarters costing Canadian taxpayers almost $1.2 billion. By comparison, the NSA employs an estimated 40,000 people plus thousands of private contractors, and spends over $40 billion a year NSA whistleblower Drake says the problem is that both CSEC and the NSA lack proper oversight, and without it, they have morphed into runaway surveillance. "There is a clear and compelling danger to democracy in Canada by virtue of how far these secret surveillance operations have gone."
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    "'Co-operative efforts include the exchange of liaison officers and integrees,'the document reveals, a reference to CSEC operatives working inside the NSA, and vice-versa." And that fact raises potential U.S. Privacy Act issues. Under the Privacy Act, all U.S. agencies are prohibited from sharing information containing personal identifiers of U.S. citizens with any foreign government and requires that agencies make full disclosure to all persons  whose rights are thus violated. The Act also creates a cause of action for redress by the federal courts, with a minimum $1,500 damages plus attorney's fees and litigation expenses. Note that the other NSA documents show that NSA is sharing U.S. citizens' information that includes personal identifiers with Israeli intelligence. The NSA has been by another statute excused from compliance with some portions of the Privacy Act but not those discussed above.
Paul Merrell

IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
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    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
Paul Merrell

FBI Abruptly Walks Out On Senate Briefing After Being Asked How 'Insider Threat' Progra... - 0 views

  • While we've been disappointed that Senator Chuck Grassley appears to have a bit of a double standard with his staunch support for whistleblowers when it comes to Ed Snowden, it is true that he has fought for real whistleblower protections for quite some time. Lately, he's been quite concerned that the White House's "Insider Threat Program" (ITP) is really just a cover to crack down on whistleblowers. As we've noted, despite early promises from the Obama administration to support and protect whistleblowers, the administration has led the largest crackdown against whistleblowers, and the ITP suggests that the attack on whistleblowers is a calculated response. The program documentation argues that any leak can be seen as "aiding the enemy" and encourages government employees to snitch on each other if they appear too concerned about government wrong-doing. Despite all his high minded talk of supporting whistleblowers, President Obama has used the Espionage Act against whistleblowers twice as many times as all other Presidents combined. Also, he has never -- not once -- praised someone for blowing the whistle in the federal government.
  • Given all of that, Senator Grassley expressed some concern about this Insider Threat Program and how it distinguished whistleblowers from actual threats. He asked the FBI for copies of its training manual on the program, which it refused to give him. Instead, it said it could better answer any questions at a hearing. However, as Grassley explains, when questioned about this just 10 minutes into the hearing, the FBI abruptly got up and left: Meanwhile, the FBI fiercely resists any efforts at Congressional oversight, especially on whistleblower matters. For example, four months ago I sent a letter to the FBI requesting its training materials on the Insider Threat Program. This program was announced by the Obama Administration in October 2011. It was intended to train federal employees to watch out for insider threats among their colleagues. Public news reports indicated that this program might not do enough to distinguish between true insider threats and legitimate whistleblowers. I relayed these concerns in my letter. I also asked for copies of the training materials. I said I wanted to examine whether they adequately distinguished between insider threats and whistleblowers.
  • In response, an FBI legislative affairs official told my staff that a briefing might be the best way to answer my questions. It was scheduled for last week. Staff for both Chairman Leahy and I attended, and the FBI brought the head of their Insider Threat Program. Yet the FBI didn’t bring the Insider Threat training materials as we had requested. However, the head of the Insider Threat Program told the staff that there was no need to worry about whistleblower communications. He said whistleblowers had to register in order to be protected, and the Insider Threat Program would know to just avoid those people. Now I have never heard of whistleblowers being required to “register” in order to be protected. The idea of such a requirement should be pretty alarming to all Americans. Sometimes confidentiality is the best protection a whistleblower has. Unfortunately, neither my staff nor Chairman Leahy’s staff was able to learn more, because only about ten minutes into the briefing, the FBI abruptly walked out. FBI officials simply refused to discuss any whistleblower implications in its Insider Threat Program and left the room. These are clearly not the actions of an agency that is genuinely open to whistleblowers or whistleblower protection.
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  • And yes, it's equally troubling that the FBI insists that as long as someone "registers" as a whistleblower, the FBI will suddenly, magically agree to stop investigating them as a "threat." We already know that's almost certainly bullshit. The stories of Thomas Drake and John Kiriakou are both clear examples of whistleblowers, who then had the DOJ search through basically everything they'd ever done to try to concoct some sort of Espionage Act case against them. In both cases, the eventual charges were totally ridiculous and unrelated to the whistleblowing they had done, but clearly the only reason they had been investigated was because of their status as whistleblowers. Drake was charged with having a classified document, which was just a meeting agenda and was both improperly classified and then declassified soon after. Kiriakou was charged with revealing the name of a CIA operative to a reporter, where the person in question was already widely known to journalists as working for the CIA. Meanwhile, while Grassley still hasn't come out in support of Snowden as a whistleblower, he does seem reasonably concerned that James Clapper's plans to stop the next Snowden will have severe consequences for whistleblowers:
  • Director of National Intelligence James Clapper seems to have talked about such procedures when he appeared before the Senate Armed Services Committee on February 11, 2014. In his testimony, he said: We are going to proliferate deployment of auditing and monitoring capabilities to enhance our insider threat detection. We’re going to need to change our security clearance process to a system of continuous evaluation. . . . What we need is . . . a system of continuous evaluation, where . . . we have a way of monitoring their behavior, both their electronic behavior on the job as well as off the job, to see if there is a potential clearance issue. . . . Director Clapper’s testimony gives me major pause. It sounds as though this type of monitoring would likely capture the activity of whistleblowers communicating with Congress. As Marcy Wheeler notes in her post (linked above, which called my attention to all this), by declaring war on whistleblowers, the administration is almost guaranteeing that many fewer will use "official channels" to blow the whistle. That just makes them targets with the likelihood of getting no results. Instead, all this does is incentivize people to go the Chelsea Manning/Ed Snowden route of going directly to journalists to make sure the stories get out.
Paul Merrell

Fearing 'enemies,' Turkey blocks YouTube | Europe | DW.DE | 28.03.2014 - 0 views

  • First Twitter, now YouTube. The Turkish telecoms authority TIB said the move to was an "administrative measure." But only a few hours before the measure came into force, a rather provocative recording was posted on the site. According to the official view, the audio clip is one of the most flagrant among the many that anonymous opponents of the government have been leaking online over the last few months. It exposes the Islamic-conservative government led by Prime Minister Recep Tayyip Erdogan just before the municipal elections scheduled to take place on March 30. The conversation that was leaked this time is between Foreign Minister Ahmet Davutoglu and several heads of the intelligence service and the military. Participants of the conversation were apparently looking for a reason to go to war with Syria.
  • According to reports from the Turkish newspaper Hürriyet, the Turkish foreign ministry has confirmed the authenticity of the recording and has explained that the conversation took place in the foreign ministry. The ministry also emphasized, however, that the contents of the recording were distorted. In a statement issued by the Ministry of Foreign Affairs this explanation was given: "Monitoring such a meeting of a highly confidential nature which was held at a location such as the office of the foreign minister, where the most sensitive security issues of the state are discussed; and releasing these conversations to the public are a despicable attack, an act of espionage and a very serious crime against the national security of Turkey. This incident reveals the extent the threats of cyber and electronic attacks that Turkey encounters." The statement called the perpetrators "enemies of our state" and said they would be identified and severely punished as soon as possible.
  • But according to the legal expert, another aspect of the problem is at stake here. "This is a case of espionage. The alleged conversation took place in a secure location and it is on a very sensitive topic - the question of whether there should or should not be a war with Syria," he says. Tokuzlu added that the content of the conversation was clearly supposed to be released to the public in order to influence the results of this Sunday's (30.03.2014) local elections. But blocking the whole YouTube site was never an appropriate solution, Tokuzlu maintains. "There is no reason to block entire sites. You could block individual accounts or videos; that would be legitimate in this sort of a case," he said. Tokuzlu also explained that blocking YouTube could not be compared with the move to block Twitter: "The Security Council in Turkey held an emergency meeting. Right after, YouTube was blocked. That shows how important this case is."
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  • The Turkish radio and television supervisory board RTÜK banned several Turkish media outlets from spreading the video or communicating its contents. According to the newspaper Hürriyet, the Turkish federal prosecutor's office has already initiated investigations against those responsible for the video. Measures taken too far According to legal expert Bertan Tokuzlu, the recording gives the impression that the government wanted to make trouble internationally, in order to distract the public from internal problems. "If the government wanted to create a reason for war, that is absolutely not in keeping with international legal standards," says Tokuzlu.
  • The recording also mentions Turkish arms deliveries to Syrian opposition groups. "If that is the case and we have a war crime to deal with, then the public has a right to know this information, according to the European Court of Human Rights," Tokuzlu stressed, adding that the Turkish government's reaction to the publication of the conversation was very thin-skinned. "If the recording provides evidence of a war crime, then that might mean the government will be brought before a war crimes tribunal in the near future. That is a delicate subject."
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    This article is from 28 March 2014. The Turkish government a few days ago restored access to YouTube and Twitter, after reports that more than 300,000 Turks had thwarted the ban by learning to use Tor and VPN tunneling, posing a long-term obstacle to Turkish intelligence service surveillance. The Foreign Ministry recording was of the Foreign Minister and other high Turkish officials discussing plans for a false flag attack on Turkey to justify Turkey launching its own direct military attacks on Syria. Because Turkey is a member of NATO, an attack on Turkey triggers the obligations of other NATO member nations to join Turkey's "defense." 
Paul Merrell

U.S. officials scrambled to nab Snowden, hoping he would take a wrong step. He didn't. ... - 0 views

  • While Edward Snowden was trapped in the transit zone of Moscow’s Sheremetyevo Airport last year, U.S. officials were confronting their own dearth of options in the White House Situation Room. For weeks, senior officials from the FBI, the CIA, the State Department and other agencies assembled nearly every day in a desperate search for a way to apprehend the former intelligence contractor who had exposed the inner workings of American espionage then fled to Hong Kong before ending up in Moscow.
  • “The best play for us is him landing in a third country,” Monaco said, according to an official who met with her at the White House. The official, who like other current and former officials interviewed for this article discussed internal deliberations on the condition of anonymity, added, “We were hoping he was going to be stupid enough to get on some kind of airplane, and then have an ally say: ‘You’re in our airspace. Land.’ ” U.S. officials thought they saw such an opening on July 2 when Bolivian President Evo Morales, who expressed support for Snowden, left Moscow aboard his presidential aircraft. The decision to divert that plane ended in embarrassment when it was searched in Vienna and Snowden was not aboard.
  • Several U.S. officials cited a complication to gathering intelligence on Snowden that could be seen as ironic: the fact that there has been no determination that he is an “agent of a foreign power,” a legal distinction required to make an American citizen a target of espionage overseas. If true, it means that the former CIA employee and National Security Agency contractor, who leaked thousands of classified files to expose what he considered rampant and illegal surveillance of U.S. citizens, is shielded at least to some extent from spying by his former employers.
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  • In interviews, U.S. officials acknowledged that they had no specific intelligence that Snowden would be on Morales’s plane. But the Bolivian leader’s remark was enough to set in motion a plan to enlist France, Spain, Italy and Portugal to block the Bolivian president’s flight home.
  • State Department and CIA officials pressured countries seen as potential destinations to turn Snowden away, reducing his options to a handful hostile toward the United States. Among them was Bolivia, whose president had signaled publicly that he would consider giving Snowden asylum.
  • The lack of a warrant deeming Snowden a foreign agent would also cast doubt on the claims of some of his critics. U.S. officials, including Rep. Mike Rogers (R-Mich.), the chairman of the House Intelligence Committee, have speculated that Snowden had Russian help in stealing U.S. secrets and probably works with the FSB now. Snowden has acknowledged that he was approached by Russian intelligence upon his arrival, but he has said he rejected the pitch and did not bring any classified files with him. He insisted in a recent NBC television interview that he has “no relationship” with the Russian government.
  • As it crossed Austria, the aircraft made a sudden U-turn and landed in Vienna, where authorities searched the cabin — with Morales’s permission, officials said — but saw no sign of Snowden.
  • Austrian officials said they were skeptical of the plan from the outset and noted that Morales’s plane had taken off from a different airport in Moscow than where Snowden was held. “Unless the Russians had carted him across the city,” one official said, it was unlikely he was on board. Even if Snowden had been a passenger, officials said, it is unclear how he could have been removed from a Bolivian air force jet whose cabin would ordinarily be regarded as that country’s sovereign domain — especially in Austria, a country that considers itself diplomatically neutral. “We would have looked foolish if Snowden had been on that plane sitting there grinning,” said a senior Austrian official. “There would have been nothing we could have done.”
  • Wizner declined to discuss where Snowden lives, or how he secured an apartment in a city where such transactions require government involvement — except to indicate that Snowden’s Russian attorney, Anatoly Kucherena, has helped with such arrangements. Snowden’s relationship with Kucherena, who has close ties to Putin and serves on an FSB advisory board, has fueled speculation that he is working with the Russian government.
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    Lots of detail on the Feds' efforts to capture Snowden and to persuade the Russians to extradite him.
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