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By ZBIGNIEW BRZEZINSKI, FRANK CARLUCCI, LEE HAMILTON, CARLA A. HILLS, THOMAS PICKERING and HENRY SIEGMAN

e commend Secretary of State John Kerry’s extraordinary efforts to renew Israeli-Palestinian talks and negotiations for a framework for a peace accord, and the strong support his initiative has received from President Barack Obama. We believe these efforts, and the priority Kerry has assigned to them, have been fully justified. However, we also believe that the necessary confidentiality that Secretary Kerry imposed on the resumed negotiations should not preclude a far more forceful and public expression of certain fundamental U.S. positions: Settlements: U.S. disapproval of continued settlement enlargement in the Occupied Territories by Israel’s government as “illegitimate” and “unhelpful” does not begin to define the destructiveness of this activity. Nor does it dispel the impression that we have come to accept it despite our rhetorical objections. Halting the diplomatic process on a date certain until Israel complies with international law and previous agreements would help to stop this activity and clearly place the onus for the interruption where it belongs.

Palestinian incitement: Prime Minister Benjamin Netanyahu’s charge that various Palestinian claims to all of historic Palestine constitute incitement that stands in the way of Israel’s acceptance of Palestinian statehood reflects a double standard. The Likud and many of Israel’s other political parties and their leaders make similar declarations about the legitimacy of Israel’s claims to all of Palestine, designating the West Bank “disputed” rather than occupied territory. Moreover, Israeli governments have acted on those claims by establishing Jewish settlements in East Jerusalem and throughout the West Bank. Surely the “incitement” of Palestinian rhetoric hardly compares to the incitement of Israel’s actual confiscations of Palestinian territory. If the United States is not prepared to say so openly, there is little hope for the success of these talks, which depends far more on the strength of America’s political leverage and its determination to use it than on the good will of the parties.

Abstract:      Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the border’s edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The ease and speed with which data travels across borders, the seemingly arbitrary paths it takes, and the physical disconnect between where data is stored and where it is accessed, critically test these foundational premises. Why should either privacy rights or government access to sought-after evidence depend on where a document is stored at any given moment? Conversely, why should State A be permitted to unilaterally access data located in State B, simply because technology allows it to do so, without regard to State B’s rules governing law enforcement access to data held within its borders?This article tackles these challenges. It explores the unique features of data, and highlights the ways in which data undermines long-standing assumptions about the link between data location and the rights and obligations that ought to apply. Specifically, it argues that a territorial-based Fourth Amendment fails to adequately protect “the people” it is intended to cover. On the flip side, the article warns against the kind of unilateral, extraterritorial law enforcement that electronic data encourages — in which nations compel the production of data located anywhere around the globe, without regard to the sovereign interests of other nation-states.

Number of Pages in PDF File: 59 Keywords: data, Fourth Amendment, territoriality, sovereignty, surveillance

What is happening in European parliaments? In the last month and a half, the UK House of Commons, the Spanish, French, Portuguese and Irish parliaments have all recognized Israel’s eternal “right” to be a racist state via a much-touted recognition of an alleged Palestinian state within the West Bank and Gaza Strip, the areas of Palestine Israel occupied in 1967. These moves followed the lead of Sweden’s new center-left government which decided shortly after taking office to “recognize the State of Palestine” as part of the “two-state solution.” As there is no Palestinian state to recognize within the 1967, or any other, borders, these political moves are engineered to undo the death of the two-state solution, the illusion of which had guaranteed Israel’s survival as a Jewish racist state for decades. These parliamentary resolutions in fact aim to impose a de facto arrangement that prevents Israel’s collapse and replacement with a state that grants equal rights to all its citizens and is not based on colonial and racial privileges.

Unlike Israeli Prime Minister Benjamin Netanyahu, who believes he can force the world to recognize a greater racist Israel that annexes the territories Israel occupied in 1967 de jure, the European parliaments are insisting that they will only guarantee Israel’s survival as a racist state within Israel’s 1948 borders and on whatever extra lands within the 1967 territories the Palestinian Authority (PA) — collaborating with Israel — agrees to concede in the form of “land swaps.” Denmark’s parliament and the European Parliament itself are the latest bodies set to consider votes guaranteeing Israel’s survival in its present form within the 1948 boundaries only. Even neutral Switzerland agreed, upon a request from the PA, to host a meeting of signatories of the Fourth Geneva Convention to discuss the 1967 Israeli occupation only. Expectedly, in addition to the Jewish settler-colony, the world’s major settler colonies — the United States, Canada, and Australia — are opposed to the meeting and will not attend.

The context of these steps has to do with the recent conduct of the Netanyahu government whose impatience is exposing Israel’s liberal racist politicians — those who prefer a more patient approach to achieving the very same racist political goals — to embarrassment. The situation has become so untenable that ardent American liberal Zionists led by none other than Michael Walzer, emeritus professor at the Institute for Advanced Study in Princeton, have felt compelled to act. Walzer, notorious for justifying all of Israel’s conquests as “just wars,” and a group of like-minded figures calling themselves “Scholars for Israel and Palestine,” recently called on the US government to impose a travel ban on right-wing Israeli politicians who support annexation of what remains of the West Bank. Whereas successive Israeli governments have shown an unyielding determination to strengthen Israel’s right to be a racist state over all of historic Palestine, they have done so through the ruse of the “peace process,” which they were committed to maintaining for decades to come without any resolution.

Putin announced that Russia has cancelled the South Stream project on December 1, 2014. Instead the South Stream pipeline project has been replaced by a natural gas pipeline that goes across the Black Sea to Turkey from the Russian Federation’s South Federal District. This alternative pipeline has been popularly billed the «Turk Stream» and partners Russian energy giant Gazprom with Turkey’s Botas. Moreover, Gazprom will start giving Turkey discounts in the purchase of Russian natural gas that will increase with the intensification of Russo-Turkish cooperation. The natural gas deal between Ankara and Moscow creates a win-win situation for both the Turkish and Russian sides. Not only will Ankara get a discount on energy supplies, but Turk Stream gives the Turkish government what it has wanted and desired for years. The Turk Stream pipeline will make Turkey an important energy corridor and transit point, complete with transit revenues. In this case Turkey becomes the corridor between energy supplier Russia and European Union and non-EU energy customers in southeastern Europe. Ankara will gain some leverage over the European Union and have an extra negotiating card with the EU too, because the EU will have to deal with it as an energy broker.

For its part, Russia has reduced the risks that it faced in building the South Stream by cancelling the project. Moscow could have wasted resources and time building the South Stream to see the project sanctioned or obstructed in the Balkans by Washington and Brussels. If the European Union really wants Russian natural gas then the Turk Stream pipeline can be expanded from Turkey to Greece, the former Yugoslav Republic (FYR) of Macedonia, Serbia, Hungary, Slovenia, Italy, Austria, and other European countries that want to be integrated into the energy project. The cancellation of South Stream also means that there will be one less alternative energy corridor from Russia to the European Union for some time. This has positive implications for a settlement in Ukraine, which is an important transit route for Russian natural gas to the European Union. As a means of securing the flow of natural gas across Ukrainian territory from Russia, the European Union will be more prone to push the authorities in Kiev to end the conflict in East Ukraine.

From the perspective of Russian Presidential Advisor Sergey Glazyev, the US is waging its multi-spectrum war against Russia to ultimately challenge Moscow’s Chinese partners. In an insightful interview, Glazyev explained the following points to the Ukrainian journalist Alyona Berezovskaya — working for a Rossiya Segodnya subsidiary focusing on information involving Ukraine — about the basis for US hostility towards Russia: the bankruptcy of the US, its decline in competitiveness on global markets, and Washington’s inability to ultimately save its financial system by servicing its foreign debt or getting enough investments to establish some sort of innovative economic breakthrough are the reasons why Washington has been going after the Russian Federation. [13] In Glazyev’s own words, the US wants «a new world war». [14] The US needs conflict and confrontation, in other words. This is what the crisis in Ukraine is nurturing in Europe. Sergey Glazyev reiterates the same points months down the road on September 23, 2014 in an article he authors for the magazine Russia in Global Affairs, which is sponsored by the Russian International Affairs Council — a think-tank founded by the Russian Foreign Ministry and Russian Ministry of Education 2010 — and the US journal Foreign Affairs — which is the magazine published by the Council on Foreign Relation in the US. In his article, Glazyev adds that the war Washington is inciting against Russia in Europe may ultimately benefit the Chinese, because the struggle being waged will weaken the US, Russia, and the European Union to the advantage of China. [15] The point of explaining all this is to explain that Russia wants a balanced strategic partnership with China. Glazyev himself even told Berezovskaya in their interview that Russia wants a mutually beneficial relationship with China that does reduce it to becoming a subordinate to Beijing. [16]

Russian intelligence has now reportedly obtained solid proof that Saudi Arabia was directly involved in the twin terror attacks on the city of Volgograd. The attacks killed more than 32 people and injured over 100 others. Most of the victims were civilians. According to an informed Russian official source, reported by the Fars News Agency, Russia’s Federal Security Service (FSB) has informed President Vladimir Putin of the Saudi link to the Volgograd massacre. This will come as no surprise to Putin. The Russian leader was warned by the Saudi intelligence chief Prince Bandar Bin Sultan during a heated four-hour private meeting back in July that Wahhabi-sponsored terrorists based in the North Caucasus region of Russia would be targeting the Sochi Winter Olympics.

The Sochi Games are due to open on February 7. Volgograd is a key transport hub linking Moscow with the southern Russian territory and the Black Sea resort city of Sochi in particular, where the Winter Olympics are to be held. The double bombings on Volgograd’s transport system on 29-30 December were therefore unmistakably an assault on Russia’s hosting of the Olympics. The atrocity caused the deaths of several women and children, and in the aftermath President Putin was livid in his disgust at the attacks. He said there was no justification, whatsoever, for the killing of innocent civilians and he vowed to “destroy the terrorists” behind the bombings. This raises the onerous question: What will Putin do next if he has, in fact, been told that the authors of the Volgograd crime against humanity are connected to the Saudi rulers? This could be construed as an act of war. There are unconfirmed reports that Putin and his senior intelligence officers have already drawn up plans to “destroy Saudi Arabia” over its systematic sponsoring of terrorism on Russian territory.

The Volgograd atrocity is just the latest in a long series of terrorist acts connected to Saudi-sponsored radicals in the North Caucasus. Back in October, another suicide bomb on a packed bus in Volgograd left six dead. The group believed to be behind these attacks is known as the Caucasus Caliphate, led by Doko Umarov. Saudi Arabia is a major source of funds for the Caucasus Caliphate, which espouses the same fundamentalist ideology as the Saudi-sponsored Takfiris operating in Syria, Lebanon, Pakistan, Yemen and Iraq. Based in Chechnya and Dagestan, Umarov has publicly stated that “all means necessary would be used to derail” the Sochi Olympics. Previously, the same network carried out suicide bomb attacks on Moscow’s metro system in 2010 and 2011, which caused dozens of deaths. The Caucasus extremists are known to have close logistical connection with both American and Saudi military intelligence.

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.

Europe's politicians have voted by a landslide to propose a ban on US drone strikes that have killed thousands in Yemen and Pakistan, calling the killings "unlawful". The European Parliament voted by a majority of 534 to 49 MEPs to support a resolution demanding that EU Member States “do not perpetrate unlawful targeted killings or facilitate such killings by other states”, and calling on them to “oppose and ban practices of extra judicial targeted killings.”

The resolution, sponsored by the Green group of MEPs with cross-party support, adds that "drone strikes by a State on the territory of another State without the consent of the latter constitute a violation of international law and of the territorial integrity and sovereignty of that country... thousands of civilians have reportedly been killed or seriously injured by drone strikes [but] these figures are difficult to estimate, owing to lack of transparency and obstacles to effective investigation.”

(Reuters) - China should not doubt the U.S. commitment to defend its Asian allies and the prospect of economic retaliation should also discourage Beijing from using force to pursue territorial claims in Asia in the way Russia has in Crimea, a senior U.S. official said on Thursday. Daniel Russel, President Barack Obama's diplomatic point man for East Asia, said it was difficult to determine what China's intentions might be, but Russia's annexation of Crimea had heightened concerns among U.S. allies in the region about the possibility of China using force to pursue its claims."The net effect is to put more pressure on China to demonstrate that it remains committed to the peaceful resolution of the problems," Russel, the U.S. assistant secretary of state for East Asia, told the Senate Foreign Relations Committee.

Russel termed the deployment of large numbers of Chinese vessels in its dispute with the Philippines in the South China Sea "problematic" and said that Beijing had taken "what to us appears to be intimidating steps.""It is incumbent of all of the claimants to foreswear intimidation, coercion and other non-diplomatic or extra-legal means," he said.In Asia, China also has competing territorial claims with Japan and South Korea, as well as with Vietnam, Malaysia, Brunei and Taiwan in potentially energy-rich waters.Obama is due to visit Japan, South Korea, Malaysia and the Philippines from April 22, when he is expected to stress his commitment to a rebalancing of U.S. strategic and economic focus towards the Asia-Pacific region in the face of an increasingly assertive China.

The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.

But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.

This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”

HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.

Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.

The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant