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Paul Merrell

The Island - 0 views

  • Barack Obama’s determined, if unbelievably secretive, bid to fast-track agreement on the Trans-Pacific Partnership (TPP) ‘not tomorrow, as they say, but yesterday’ is clearly driven by the bitter knowledge that America got well and truly pipped-at-the-post when China launched the Asian Infrastructure Investment Bank (AIIB). "Evidence of the relative power of the Chinese and American economies," wrote Pepe Escobar in Asia Times, "was the world’s reaction to China’s launch of the badly needed AIIB to provide development funds for Asia and beyond.   The level of funding necessary for such development has long been denied by the US-dominated World Bank and IMF."   More galling to the self-annointed ‘Indispensable Nation’ was that even its staunch allies, UK and Israel, unhesitatingly got on board AIIB – despite, as Escobar reveals, "the bullying of the US to stop them leaving the US and its cat’s paw in East Asia, Japan, out in the cold." More amazingly, added Escobar, the US actually thought it could write the rules of trade for China and East Asia!
  • Consider for instance, Obama’s speech on May 8, 2015 at a Nike factory in Oregon: "We have to make sure America writes the rules of the global economy and we should do it today while our economy is in a position of global strength. If we don’t write the rules for trade around the world, guess what, China will. And they’ll write those rules in a way that gives Chinese workers and Chinese businesses the upper hand." What is one to conclude from such an unabashed ‘confession’ except that the imperial mind-set is still very much alive and kicking in the 21st Century? The TPP or Trans-Pacific Partnership is being put together in absolute secrecy, so what little has become public knowledge is thanks to Wikileaks. What needs to be remembered is that the US already trades heavily with the other 11 nations included in the TPP talks. Economist and leading commentator Paul Krugman’s blunt assessment: "This not a trade agreement. It’s about intellectual property and dispute resolution; the big beneficiaries are likely to be pharma companies and firms that want to sue governments."
  • And that, precisely, happens to be the bone of contention between Obama and Democratic Senator Elizabeth Warren, who has been particularly critical of the so-called ‘Investor State Dispute Settlement’ provisions in the TPP which, she charged publicly, would empower corporations to use international courts to sue the US government and other state institutions of signatory governments that enact regulations and ‘protections’ which impact on the profits of corporations. The Obama administration, for its part, argues that the deal is instead about trade and increasing American exports abroad. It has set up a web page on the US Trade Representative’s (USTR) site listing the benefits of exports from each of America’s fifty states resulting from the TPP. But an obscure government document put out by that very same USTR office adequately makes Senator Warren’s case for her! That document happens to be the USTR’s annual report on "foreign trade barriers" around the world, going country by country to list complaints the US government has about their laws with respect to commerce.
Paul Merrell

US House of Reps: Europe Can't Boycott Israel - International Middle East Media Center - 0 views

shared by Paul Merrell on 14 Jun 15 - No Cached
  • The United States House of Representatives has fast-tracked a bill regarding a free trade agreement between the US and Europe which would include a section barring EU countries from any form of commercial boycott against Israel and Israeli goods.
  • According to the PNN, Israel’s Ynetnews indicated that two versions of the law had been presented to the House of Representatives and the Senate, clarifying that both versions included the section obligating EU countries to refrain from the boycott of Israeli products. This section states that any affiliation and cooperation with the Boycott, Divestment and Sanctions (BDS) movement on the part of EU countries is in violation of the “principle of non-discrimination’ statute in the General Agreement on Tariffs and Trade (GATT). According to Ynetnews, the second law did not pass at this stage due to disputes with respect to compensation for businesses in Europe. There was also severe opposition from Obama’s own Democrats, but it is expected that an agreement will be reached between the House of Representatives and the Senate during the coming days. From the moment that an agreement is reached, a unified document will be presented to the American President, Barack Obama, for a review of the trade agreement as soon as possible. He will then sign the document and it will be put to the vote in the House of Representatives and the Senate.
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    see also http://www.ynetnews.com/articles/0,7340,L-4667914,00.html I'd love to see this wind up in the WTO Dispute Resolution Process. The Israeli production of goods and services in the Occupied Territories is a war crime under international law. Dealing in such goods is also a war crime. It is actually illegal for European nations to allow their import. Moreover, the right to participate in a boycott is protected by the U.S. Constitution's First Amendment. The judges at the WTO are very good and have previously held that trade agreements have to give way to human rights established under international law. And of course boycotts are also protected as human rights under international law. The WTO judges would have a field day with this situation. That is no guarantee that the EU will not succumb to US pressure but this will guarantee lots of press coverage for the U.S.A.'s continued support for Israeli war crimes. And that is publicity that Israel's right-wing government does not want.
Paul Merrell

In rebuke to Israel, State Dep't says it has no objection to BDS aimed at occupation - 0 views

  • In yet another sign that the American government is reassessing the special relationship between the U.S. and Israel, and that BDS is gaining traction, the State Department yesterday said that it did not oppose BDS, boycott, divestment and sanctions actions, aimed at the occupied Palestinian territories, because Israeli settlements “make it harder to negotiate a sustainable and equitable peace deal in good faith.” The statement was a special clarification of White House policy on the new fast-track trade bill, which contained a provision that Congress had included at the urging of Israel lobby groups: to punish European companies and governments that support BDS of Israel– including Israeli activities in the occupied territories. The legislation purposely sought to protect settlements; and yesterday the Obama administration said it isn’t buying.
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    This isn't a radical change in U.S. foreign policy. The legislation itself is likely unconstitutional; boycott, divestment, and sanctions movements are protected by the First Amendment. And the U.S. violates several treaties by permitting the import of goods from Israeli settlements in Palestine and by permitting U.S. companies to profit from the Israeli occupation. The occupation itself is a war crime and crime against humanity.
Paul Merrell

Demand an End to Secret Copyright Trade Deals | EFF Action Center - 1 views

  • Senator Ron Wyden may hold the future of the Internet in his hands. Let's call on him to fix the secretive process that has led to trade deals carrying extreme copyright and digital privacy provisions.
  • As Senate Finance Committee Chair, Senator Wyden is under pressure to fast track trade agreements like the Trans-Pacific Partnership (TPP) agreement. But he has another option: to finally bring these deals out into the open. We call on him now to continue to stand up to big private interests and help ensure that our digital rights are protected.
Paul Merrell

Jordan 'says it will hang its ISIS captives' if airman hostage is dead  | Dai... - 0 views

  • Jordan has threatened to fast-track the execution of a would-be suicide bomber the Islamic State is trying to free if the terror group kills its captured pilot, it was reported today.The government has apparently warned that Sajida al-Rishawi and other jailed ISIS commanders would be 'quickly judged and sentenced' in revenge for Muath al-Kaseasbeh's death.It comes after a deadline for a possible prisoner swap allegedly set by ISIS passed yesterday with no clue over the fate of al-Kaseasbeh or fellow Japanese hostage Kenji Goto.Intelligence sources said ISIS's refusal to prove that al-Kaseasbeh was alive meant any deal with the militants was doomed.Now Jordan has reportedly stepped up its rhetoric by warning of its intent to retaliate if the negotiations end in bloodshed.
  • Elijah Magnier, chief international correspondent for Kuwait's Al Rai newspaper, told MailOnline: 'I have reliable contact in the Jordanian government who says a message has been passed to ISIS.'It warns that if they kill the pilot they will implement the death sentences for Sajida and other ISIS prisoners as soon as possible.
  • Shortly after reports of the ultimatum emerged, Jordan issued a statement saying they were still waiting for proof that the captured F-16 pilot was still alive. 
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    If this report is true, the presumption of innocence and a fair trial have been discarded in Jordan, at least when the defendants are branded as ISIL leaders by the Jordanian government. But would Jordan also conduct public behadings and post videos of them on the Web along with propaganda? That's the technique used by the U.S.-led ISIL propagandists.  
Paul Merrell

Bipartisan bill to review Iran deal is now looking a lot less bipartisan - The Washingt... - 0 views

  • If Hill Republicans thought Israeli Prime Minister Benjamin Netanyahu's Tuesday address would build broad support for having Congress review any nuclear deal with Iran, they thought wrong. By the end of the day Tuesday, key Democratic senators had pulled their support for just such a bill after Majority Leader Mitch McConnell (R-Ky.) announced he was fast-tracking the legislation, bringing it to the Senate floor for debate as soon as next week, short-circuiting committee deliberations that Democrats say are necessary to perfect it. Bob Corker (R-Tenn.), Robert Menendez (D-N.J.), Lindsey Graham (R-S.C.) and Tim Kaine (D-Va.) introduced the Iran Nuclear Agreement Review Act late last week, which would provide for 60 days of congressional review for any deal that comes out of the pending "P5+1" negotiations in Geneva, where the United States, Germany, Russia, China, Britain and France are now at the table with the Iranian regime. Once submitted to Congress, lawmakers could approve, disapprove, or take no action on the deal. The talks are currently scheduled to end on March 24.
  • The legislation had not only two Democratic sponsors but four co-sponsors in the Democratic conference, giving the measure a filibuster-proof level of support. But that was before McConnell moved to place the bill on next week's legislative calendar -- guaranteeing a Senate vote while negotiators are still at the table. "We think the timing is important," McConnell said Tuesday. "We think it will help prevent the administration from entering into a bad deal, but if they do, then it will provide an opportunity for Congress to weigh in." On Tuesday evening, Menendez, ranking member of the Foreign Relations Committee and a fierce critic of the Iranian regime, went to the Senate floor to withdraw his support for the bill, suggesting that McConnell's move represented an effort to influence or derail the negotiations now underway rather than a bona fide desire to review whatever deal is reached.
  • "I can't imagine why the majority leader would seek to short circuit the process unless the goals are political rather than substantive, and I regret to say these actions make clear an intention that isn't substantive, that is political," Menendez said. "The majority leader is single-handedly undermining our bipartisan efforts."
Paul Merrell

Progressives: We've Never Heard Of This "Progressive" Group Backing Obama's Trade Deal ... - 0 views

  • On Wednesday, progressives were surprised to learn they were “split” on President Obama’s trade agenda. Few issues have galvanized the American left like trade promotion authority, legislation that would pave the way for the administration to fast-track trade negotiations and the Trans-Pacific Partnership (TPP) — the trade deal the Obama administration is working tirelessly to make a reality and many Democrats oppose. From senators to the activists that make up the organized left (trade unions, environmentalists, human rights advocates), progressives can’t stand the trade deal. Yet there it was in black and white: “RIFT AMONG PROGRESSIVES EMERGES ON TPP,” read a headline in Politico’s daily labor and employment tipsheet, Morning Shift. The short item detailed the emergence of the “Progressive Coalition for American Jobs ” — a group of “progressives and Democrats committed to leveling the playing field for American workers,” according to the coalition’s barebones website. The website adds that “it’s critical that we give the president trade promotion authority and establish the Trans-Pacific Partnership.”
  • There’s something weird about the group, though: No one in the Washington, D.C., progressive community seems to have ever heard of them before. “Who are they? Are they getting paid? And this group will convince anybody of what?” asked Sen. Sherrod Brown. “There is zero progressive interest in this [trade promotion authority].” The group’s website provides few details about when the coalition was launched or who’s working for the group. But the team behind the Progressive Coalition for American Jobs includes some of the most senior members of Obama’s campaign team. Lefty site Daily Kos reported Mitch Stewart, the former aide the president tapped to run Organizing For America, and Lynda Tran, the former OFA press secretary are involved. A press release earlier in the week announcing the group came from 270 Strategies, the campaign firm started by Stewart and Obama’s former field director, Jeremy Bird. Tran told BuzzFeed News the purpose of the group was to boost liberal voices who support the Obama trade agenda.
  • While there is Democratic support for increasing free trade and the White House has made an effort to placate progressives, arguing any deal will include tough language supporting labor rights and environmental protections, that message hasn’t landed with the left. The Progressive Caucus in the House has released their own set of trade principles arguing that they believe it’s “possible to negotiate a trade agreement that doesn’t replicate the mistakes of the past.” But as it currently stands, House progressives remain diametrically opposed to Obama’s trade agenda. “If you look at the progressives — labor unions, activists, online organizations — who are lined up against the TPP, there are no credible groups left to build a ‘coalition,’” said an aide to a progressive House member, who wasn’t authorized to speak on the record. “The creation of a front group like PCAJ is a sign people pushing for a bad trade deal don’t have the votes to jam the [trade deal] through Congress.”
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  • A senior Democratic leadership aide told BuzzFeed News that the emergence of a group like the Progressive Coalition For American Jobs would bring “some modicum of balance” to the public discussion of the trade negotiations. “I do think it’s helpful to have an outside space for this to happen and for progressives to have a more balanced conversation about this,” the aide said. That’s not how everyone feels, however. With the emergence of the Progressive Coalition For American Jobs, some progressives got the feeling Obama’s allies were trying to flip the script. “It’s insulting,” said Candice Johnson, spokesperson for the Communications Workers of America, one of the many unions organized against TPP. “You put progressive in your name and that’s going to convince people?” She called the group “fake,” noting that it includes none of the biggest names in progressive politics in its coalition. Johnson wasn’t alone in that characterization. “As far as I know, the only thing ‘progressive’ about this so called ‘Progressive Coalition for American Jobs’ is the first word of the group’s name,” said Becky Bond, president of CREDO, the San Francisco-based progressive activist known to tangle publicly with the White House.
  • “At this point, 270 strategies is well known for its AstroTurf efforts to slap a progressive label on the endeavors of Wall Street Wing Democrats and their corporate masters, but this is an earth-shattering new low,” Neil Sroka, spokesperson for Democracy For America, the progressive group formed from the remnants of Howard Dean’s 2004 presidential bid, told BuzzFeed News in an email. “You can be a progressive committed to fighting for working families or you can be for this massive job-killing trade deal written by 500 corporate reps, but you can’t be both.”
Paul Merrell

Lawmakers Say TPP Meetings Classified To Keep Americans in the Dark | Global Research - 0 views

  • US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.
  • As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”
  • “I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.
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  • Among its other critics, Sen. Elizabeth Warren has slammed the idea of ISDS provisions as a surrender of democratic ideals to corporate interests. According to Warren, ISDS would simply “tilt the playing field in the United States further in favor of big multinational corporations.” By having unchallenged input on secretive TPP talks, Warren argued last month, these large companies and financial interests “are increasingly realizing this is an opportunity to gut U.S. regulations they don’t like.” According to Grayson, putting Wednesday’s ISDS briefing in a classified setting “is part of a multi-year campaign of deception and destruction. Why do we classify information? It’s to keep sensitive information out of the hands of foreign governments. In this case, foreign governments already have this information. They’re the people the administration is negotiating with. The only purpose of classifying this information is to keep it from the American people.”
Paul Merrell

Yellowstone Oil Spills Expose Threat to Pipelines Under Rivers Nationwide | Inside Clim... - 0 views

  • At the time the Poplar pipeline ruptured, about 110 feet of it was completely uncovered along the bottom of the Yellowstone River, exposing it to damage.
  • Bridger Pipeline LLC was so sure its Poplar oil line was safely buried below the Yellowstone River that it planned to wait five years to recheck it. But last month, 3.5 years later, the Poplar wasn't eight feet under the river anymore. It was substantially exposed on the river bottom—and leaking more than 30,000 gallons of oil upstream from Glendive, Montana. An ExxonMobil pipeline wasn't buried deeply enough for the Yellowstone River, either. High floodwaters in 2011 uncovered the Silvertip pipe, leaving it defenseless against the fast-moving current and traveling debris. It broke apart in July, and sent 63,000 gallons of oil into the river near Laurel, Montana.
  • Both companies underestimated the river's power and its penchant for scouring away the earth that's covering and protecting their pipelines. That miscalculation led to the Exxon Silvertip spill and it's likely to be declared a significant factor, at a minimum, in the Poplar spill. Such misjudgments have potentially troubling implications nationwide, since pipelines carrying crude oil and petroleum products pass beneath rivers and other bodies of water in more than 18,000 places across America. Many of them are buried only a few feet below the water. "There were a lot of people who wanted to think that the last pipeline spill in the Yellowstone River in 2011 was a freak accident that would never happen again. After this most recent spill, no one believes that anymore," said Scott Bosse, Northern Rockies director for American Rivers. "The truth is, there are probably hundreds of pipelines across the country that are at considerable risk of rupturing under our rivers."
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  • While corrosion is the No. 1 cause of pipeline spills, a sizable number of pipelines at water crossings have ruptured or been endangered by river scour. Among them: ► The Poplar (Jan. 2015) and Silvertip (July 2011) pipeline failures on the Yellowstone River. ► More than 20 pipeline river crossings in Montana were found to be "dangerously close to exposure" during inspections of nearly 90 pipeline crossings in 2011, according to one report. Many of them have since been reburied significantly deeper. The Poplar pipeline was not among the crossings tagged as being close to exposure. ► Nearly half of the 55 oil and gas pipelines that cross the Missouri River were found to have sections buried 10 feet or less below the riverbed, according to the Wall Street Journal. A study by the U.S. Geological Survey, meanwhile, found that the Missouri riverbed had deepened by nine to 41 feet in 27 places because of severe scouring during the 2011 floods. ► An Enterprise Products Partners LLP pipeline that was uncovered by river scouring and ruptured in August 2011. The line spilled more than 28,350 gallons of a gasoline additive into the Missouri River in Iowa. ► A June 2012 spill in Alberta, Canada, where an oil pipeline owned by Plains Midstream Canada failed along the Red Deer River and released more than 122,000 gallons of light crude. Investigators concluded that the pipe was uncovered by scour during high flood waters and subjected to vibrations from the river flow that led a weld to fail.
  • Three Enbridge Corp. crude oil pipelines crossing Minnesota's Tamarac River were exposed by floodwater erosion years ago, and were still exposed in mid-2014. None of the pipes had failed at that point, but one was being propped up by steel legs, according to an MPR News account. Federal regulations aren't much help. The only rule that addresses pipe burial at major river crossings requires petroleum pipelines to be laid at least four feet below the riverbed at the time of construction. Once a pipeline's installed, there are no requirements regarding burial depth. There is no rule requiring exposed pipelines to be reburied, though a spill under those conditions would invite regulatory penalties for leaving the line exposed to hazards. What's more, federal rules put the pipeline companies in charge of identifying all threats that could cause a spill in highly populated or environmentally sensitive areas, and the companies get wide latitude in deciding what to do about them, according to Rebecca Craven, program manager at the Pipeline Safety Trust, a nonprofit group that tracks pipeline risks and regulations.
  • Indeed, the required four-foot minimum initial burial depth for pipelines can be completely eliminated by natural erosion over time or by a single flood event. Active free-flowing rivers can carve with enough ferocity to lower their riverbeds by 20 feet or shift the waterway onto an entirely new path, which can add new stresses to the pipeline or put the river over pipe that has less cover or lacks reinforcement or protective cement casings. The hotly debated Keystone XL oil pipeline project would cross nearly 2,000 rivers, streams and reservoirs in Montana, South Dakota and Nebraska, according to one estimate. The route takes the pipe across the Missouri and Yellowstone rivers, where owner TransCanada has pledged to install the pipeline 35 feet below the riverbeds.
  • See Also: Ruptured Yellowstone Oil Pipeline Was Built With Faulty Welding in 1950sIce Hinders Cleanup of Yellowstone Oil Pipeline SpillExxon Overlooked, Masked Safety Threats in Years Before Pegasus Pipeline BurstDilbit in Exxon's Pegasus May Have Contributed to Pipeline's Rupture
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    One of the hidden costs of oil dependence. 
Paul Merrell

Speaker Ryan: Not enough votes for TPP trade deal - CBS News - 0 views

  • House Speaker Paul Ryan, R-Wisconsin, said Thursday that the landmark Trans-Pacific Partnership trade deal doesn't have enough votes to pass Congress right now."I don't think the votes are there right now because of the concerns about what's in the TPP," Ryan told reporters at his weekly press conference. "The point is we shouldn't bring something up if we're not confident that we have the support there for it so I think the president and the administration has a lot more work to do to get support for this document because there are some legitimate concerns about it."
  • The president formally signed the deal on February 3, calling it a "forward-looking trade deal that sets new, high standards for trade and investment in one of the world's fastest growing and most important regions." He highlighted the deal's elimination of more than 18,000 taxes that various countries levy on American products, said it promotes a "free and open Internet" and includes "the strongest labor standards and environmental commitments in history."But there are still major concerns about the deal inside and out of Congress, including a carve-out that will prevent tobacco companies from suing nations with regulations aimed at reducing smoking, intellectual property issues relating to biologics, and some provisions dealing with dairy and financial services. There are also still major concerns among labor groups about whether the labor standards are up to snuff.Mr. Obama broke with many members of his own party this year when he asked Congress for authority to fast-track a massive Asia-Pacific free trade deal called the Trans-Pacific Partnership (TPP).
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

Putin Forces Obama to Capitulate on Syria - 0 views

  • The Russian-led military coalition is badly beating Washington’s proxies in Syria which is why John Kerry is calling for a “Time Out”. On Monday, U.S. Secretary of State John Kerry called for an emergency summit later in the week so that leaders from Russia, Turkey, Saudi Arabia and Jordan could discuss ways to avoid the “total destruction” of Syria. According to Kerry, “Everybody, including the Russians and the Iranians, have said there is no military solution, so we need to make an effort to find a political solution. This is a human catastrophe that now threatens the integrity of a whole group of countries around the region,” Kerry added. Of course, it was never a “catastrophe” when the terrorists were destroying cities and villages across the country, uprooting half the population and transforming the once-unified and secure nation into an anarchic failed state. It only became a catastrophe when Vladimir Putin synchronized the Russian bombing campaign with allied forces on the ground who started wiping out hundreds of US-backed militants and recapturing critical cities across Western corridor. Now that the Russian airforce is pounding the living daylights out of jihadi ammo dumps, weapons depots and rebel strongholds, and the Syrian Arab Army (SAA) is tightening their grip on Aleppo, and Hezbollah is inflicting heavy casualties on Jabhat al Nusra militants and other Al Qaida-linked vermin; Kerry’s decided it’s a catastrophe. Now that the momentum of the war has shifted in favor of Syrian president Bashar al Assad, Kerry wants a “Time out”.
  • Keep in mind, that Putin worked tirelessly throughout the summer months to try to bring the warring parties together (including Assad’s political opposition) to see if deal could be worked out to stabilize Syria and fight ISIS. But Washington wanted no part of any Russian-led coalition. Having exhausted all the possibilities for resolving the conflict through a broader consensus, Putin decided to get directly involved by committing the Russian airforce to lead the fight against the Sunni extremists and other anti-government forces that have been tearing the country apart and paving the way for Al Qaida-linked forces to take control of the Capital. Putin’s intervention stopped the emergence of a terrorist Caliphate in Damascus. He turned the tide in the four year-long war, and delivered a body-blow to Washington’s malign strategy Now he’s going to finish the job. Putin is not gullible enough to fall for Kerry’s stalling tactic. He’s going to kill or capture as many of the terrorists as possible and he’s not going to let Uncle Sam get in the way. These terrorists–over 2,000 of who are from Chechnya–pose an existential threat to Russia, as does the US plan to use Islamic extremists to advance their foreign policy objectives. Putin takes the threat seriously. He knows that if Washington’s strategy succeeds in Syria, it will be used in Iran and then again in Russia. That’s why he’s decided to dump tons of money and resources into the project. That’s why his Generals have worked out all the details and come up with a rock-solid strategy for annihilating this clatter of juvenile delinquents and for restoring Syria’s sovereign borders. And that’s why he’s not going to be waved-away by the likes of mealy-mouth John Kerry. Putin is going to see this thing through to the bitter end. He’s not going to stop for anyone or anything. Winning in Syria is a matter of national security, Russia’s national security.
  • “Syrian President Bashar Assad “does not have to leave tomorrow or the next day,” the US State Department (spokesman Mark Toner) has stated. Washington allows that Assad may take part in transitional process, but can’t be part of Syria’s next government… “… this isn’t the US dictating this. This is the feeling of many governments around the world, and frankly, the majority of the Syrian people,” Toner said.
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  • Putin has offered solutions from the very onset, it was Washington that rejected those remedies. Putin supported the so called Geneva communique dating back to 2012. In fact, it was then-Secretary of State Hillary Clinton who threw a wrench in the proceedings by demanding that Assad not be part of any transitional governing body. (Note: Now Obama has caved on this demand.) Russia saw her demand as tantamount to regime change, which it was since Assad is the internationally-recognized head of state and fully entitled to be a part of any transitional government. US rejectionism sabotaged efforts for internationally-monitored “free and fair multi-party elections” and ended any chance for a speedy end to the war. Washington was more determined to get its own way (“Assad must go”) then to save the lives of tens of thousands of civilians who have died since Clinton walked away from Geneva. And now Kerry is extending the olive branch? Now Washington pretends to care about the “total destruction” of Syria? I’m not buying it. What Kerry cares about is his hoodlum “head-chopper” buddies that are being turned into shredded wheat by Russian Daisy Cutters. That’s what he cares about. Take a look at this from RT:
  • Toner is backpeddling so fast he’s not even sure what he’s saying. Clearly, the administration is so flustered by developments on the ground in Syria, and so eager to stop the killing of US-backed jihadis, that they sent poor Toner out to talk to the media before he’d even gotten his talking points figured out. What a joke. The administration has gone from refusing to meet with a high-level Russian delegation just last week (to talk about coordinating airstrikes in Syria), to completely capitulating on their ridiculous “Assad must go” position today. That’s quite a reversal, don’t you think? I’m surprised they didn’t just run a big white Flag up over 1600 Pennsylvania Ave. while the Marine Band played Taps. But don’t think that this latest humiliation will derail Washington’s plan for destroying Syria as a functioning, sovereign state and carving it into a million powerless statelets that pose no threat to Big Oil’s pipeline corridors, or US military bases, or Israel’s sprawling Zionist Valhalla. Because it won’t. That plan is still right on track despite Putin’s efforts to crush the militants and defend the borders.
  • Topple Assad and partition the country. Destroy Syria once and for all. That is Washington’s operating strategy. It’s a plan that was first proposed by Brooking’s analyst Michael O’Hanlon who recently said: “…a future Syria could be a confederation of several sectors: one largely Alawite (Assad’s own sect), spread along the Mediterranean coast; another Kurdish, along the north and northeast corridors near the Turkish border; a third primarily Druse, in the southwest; a fourth largely made up of Sunni Muslims; and then a central zone of intermixed groups in the country’s main population belt from Damascus to Aleppo… Under such an arrangement, Assad would ultimately have to step down from power in Damascus… A weak central government would replace him. But most of the power, as well as most of the armed forces. would reside within the individual autonomous sectors — and belong to the various regional governments… American and other foreign trainers would need to deploy inside Syria, where the would-be recruits actually live — and must stay, if they are to protect their families. (Syria’s one hope may be as dim as Bosnia’s once was, Michael O’ Hanlon, Reuters)
  • Once again, the same theme repeated: Topple Assad and partition the country. Of course, the US will have to train “would-be recruits” to police the natives and prevent the buildup of any coalition or militia that might threaten US imperial ambitions in the region. But that goes without saying. (By the way, Hillary Clinton has already thrown her support behind the O’Hanlon plan emphasizing the importance of “safe zones” that could be used to harbor Sunni militants and other enemies of the state.)
  • (Note: As this article was going to press, the Turkish Daily Zaman reported that: “….the US and several European and Gulf states…have agreed to a plan under which Syria’s embattled President Bashar al-Assad will remain in power for the next six months during a transition period….Turkey has abandoned its determination [to get rid of Assad] and has agreed on an interim period with Assad in place,” former Foreign Minister Yaşar Yakış told Today’s Zaman on Tuesday….If the Syrian people decide to continue with Assad, then there is not much Turkey can object to.” (Report: Turkey agrees to Syria political transition involving Assad, Today’s Zaman) This story has not yet appeared in any western media. Obama’s Syrian policy has completely collapsed.
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    Mike Whitney paints a picture of the Obama Administration's desperation to saeve its jihadi mercenaries in Syria from complete destruction. 
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