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Gary Edwards

Have a T-P Pre-Primary to avoid sure defeat // Implement a drive to recruit and organiz... - 1 views

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    "This discussion needs your direct support or direct critique that I might respond.  Other idea's please start in a new discussion (note: this has been revised after 400+ comments, but if possible read all of them) thank you for your time: (revised July 20th,'13) I thought it would be helpful (stike that, it's absolutely imperative!!!!)  to have a T Party pre-primary prior to the RINO primary so we wouldn't split our vote.  That thread sort of grew to the following two steps: The following two step approach would require a temporary meeting of the minds from the various larger conservative Tea Party factions for the following purposes:: 1. Having a pre-primary to avoid the late RINO primary so we avoid splitting our vote and being able to get out there now to campaign because we have some serious hills to climb (our message, government news and funding etc.). But the main point here is that we always split our votes in the regular RINO primary, we need to avoid this.  We need some sort of (temporary or other) unified effort of all the un-unified groups for this purpose.  Make sure you don't miss a word utilized here and that the whole 'idea' is understood.  Along with this we also need to have the above bonded with the following item number 2, as follows: 2. Implement a plan to organize and recruit deep into every precinct of the T-Party. This would include the larger T-P groups to supply their associated local smaller groups with solid information to be distributed and used as a means to educate both door to door and if possible via ads in their local news papers when feasible. (with an increase in some recruiting, this can work - I've checked out the cost). We have great web sites on the internet but many republican's, democrats and independents don't go there.  We need a serious ground team for all of our upcoming elections.  Many of our small groups are getting smaller and many not associated would like to be contacted by us.  Our idea's
Paul Merrell

Asia Times Online :: The new Great (Threat) Game in Eurasia - 0 views

  • In Ukraine, the West supported an unconstitutional putsch against an elected government perpetrated, among others, by fascist/neo-nazi storm troopers (Svoboda, Right Sector) instrumentalized by US intelligence. After a Russian counterpunch, US President Barack Obama proclaimed that any referendum in Crimea would "violate the Ukrainian constitution and violate international law." This is just the latest instance in the serial rape of "international law". The rap sheet is humongous, including; NATO bombing Serbia for 78 days in 1999 to allow Kosovo to secede; the 2003 US invasion and subsequent trillion-dollar occupation and civil war creation in Iraq; NATO/AFRICOM bombing Libya in 2011 invoking <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> R2P ("responsibility to protect") as a cover to provoking regime change; US investment in the secession of oil-wealthy South Sudan, so China has to deal with an extra geopolitical headache; and US investment in perennial civil war in Syria.
  • Yet Moscow still (foolishly?) believes international law should be respected - presenting to the UN Security Council classified information on all Western intel/psy-ops moves leading to the coup in Kiev, including "training" provided by Poland and Lithuania, not to mention Turkish intelligence involvement in setting up a second coup in Crimea. Russian diplomats called for an unbiased international investigation. That will never happen; Washington's narrative would be completely debunked. Thus a US veto at the UN. Russian Foreign Minister Sergei Lavrov also called for the Organization for Security and Co-operation in Europe to objectively investigate those snipers shooting everyone on sight in Kiev, as revealed by Estonia's foreign minister to EU foreign policy supremo Catherine "I love Yats" Ashton. According to Russia's ambassador to the UN Vitaly Churkin, "a completely different picture would be drawn compared to what is being depicted by American media and, unfortunately, by some American and European politicians." Needless to say, there will be no investigation.
  • Everyone remembers the "good Taliban", with which the US could negotiate in Afghanistan. Then came the "good al-Qaeda", jihadis the US could support in Syria. Now come the "good neo-nazis", with which the West can do business in Kiev. Soon there will be "the good jihadis supporting neo-nazis", who may be deployed to advance US/NATO and anti-Russian designs in Crimea and beyond. After all, Obama mentor Dr Zbigniew "The Grand Chessboard" Brzezinski is the godfather of good jihadis, fully weaponized to fight the former Soviet Union in Afghanistan. As facts on the ground go, neo-nazis are definitely back as good guys. For the first time since the end of World War II, fascists and neo-nazis are at the helm of a European nation (although Ukraine most of all should be characterized as the key swing nation in Eurasia). Few in the West seem to have noticed it.
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  • The cast of characters include Ukrainian interim defense minister and former student at the Pentagon Ihor Tenyukh; deputy prime minister for economic affairs and Svoboda ideologue Oleksandr Sych; agro-oligarch minister of agriculture Ihor Svaika (Monsanto, after all, needs a chief enforcer); National Security Council chief and Maidan commander of Right Sector neo-nazis Andry Parubiy; and deputy National Security Council chief Dmytro Yarosh, the founder Right Sector. Not to mention Svoboda leader Oleh Tyanhybok, a close pal of John McCain and Victoria "F**k the EU" Nuland, and active proponent of an Ukraine free from the "Muscovite-Jewish mafia." As the Kremlin refuses to deal with this bunch and the upcoming March 16 referendum in Crimea is practically a done deal, Team "Yats" is fully legitimized, with honors, by Team Obama, leader included, in Washington. To quote Lenin, what is to be done? A close reading of President Putin's moves would suggest an answer: nothing. As in just waiting, while outsourcing the immediate future of a spectacularly bankrupt Ukraine to the EU. The EU is impotent to rescue even the Club Med countries. Inevitably, sooner or later, threat of sanctions or not, it will come crawling back to Moscow seeking "concessions", so Russia may also foot the bill.
  • Meanwhile, the New Great (Threat) Game in Eurasia advances unabated. Moscow would willingly compromise on a neutral Ukraine - even with neo-nazis in power in Kiev. But an Ukraine attached to NATO is an absolute red line. By the way, NATO is "monitoring" Ukraine with AWACS deployed in Polish and Romanian airspace. So as the much lauded "reset" between the Kremlin and the Obama administration is for all practical purposes six feet under (with no Hollywood-style second coming in the cards), what's left is the dangerous threat game. Deployed not only by the Empire, but also by the minions. That monster collection of Magritte-style faceless bureaucrats at the European Commission (EU), following on the non-stop threat of EU sanctions, has decided to delay a decision on whether Gazprom may sell more gas through the OPAL pipeline in Germany, and also delay negotiations on the legal status of South Stream, the pipeline under the Black Sea which should become operational in 2015.
  • As if the EU had any feasible Plan B to escape its dependency on Russian gas (not to mention eschew the very profitable financial game played between key European capitals and Moscow). What are they do, import gas on Qatar Airways flights? Buy LNG from the US - something that will not be feasible in years to come? The fact is the minute a gas war is on, if it ever comes down to it, the EU will be under immense pressure by a host of member-nations to keep (and even extend) its Russian gas fix - with or without "our (neo-nazi) bastards" in power in Kiev. Brussels knows it. And most of all, Vlad the Hammer knows it.
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    Pepe Escobar, again.
Paul Merrell

Boundless Informant: the NSA's secret tool to track global surveillance data | World ne... - 0 views

  • The National Security Agency has developed a powerful tool for recording and analysing where its intelligence comes from, raising questions about its repeated assurances to Congress that it cannot keep track of all the surveillance it performs on American communications. The Guardian has acquired top-secret documents about the NSA datamining tool, called Boundless Informant, that details and even maps by country the voluminous amount of information it collects from computer and telephone networks.
  • The focus of the internal NSA tool is on counting and categorizing the records of communications, known as metadata, rather than the content of an email or instant message. The Boundless Informant documents show the agency collecting almost 3 billion pieces of intelligence from US computer networks over a 30-day period ending in March 2013. One document says it is designed to give NSA officials answers to questions like, "What type of coverage do we have on country X" in "near real-time by asking the SIGINT [signals intelligence] infrastructure."An NSA factsheet about the program, acquired by the Guardian, says: "The tool allows users to select a country on a map and view the metadata volume and select details about the collections against that country."
  • A snapshot of the Boundless Informant data, contained in a top secret NSA "global heat map" seen by the Guardian, shows that in March 2013 the agency collected 97bn pieces of intelligence from computer networks worldwide.
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  • The heatmap gives each nation a color code based on how extensively it is subjected to NSA surveillance. The color scheme ranges from green (least subjected to surveillance) through yellow and orange to red (most surveillance).The disclosure of the internal Boundless Informant system comes amid a struggle between the NSA and its overseers in the Senate over whether it can track the intelligence it collects on American communications. The NSA's position is that it is not technologically feasible to do so.
  • At a hearing of the Senate intelligence committee In March this year, Democratic senator Ron Wyden asked James Clapper, the director of national intelligence: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" "No sir," replied Clapper.
  • Other documents seen by the Guardian further demonstrate that the NSA does in fact break down its surveillance intercepts which could allow the agency to determine how many of them are from the US. The level of detail includes individual IP addresses.
  • Senators have expressed their frustration at the NSA's refusal to supply statistics. In a letter to NSA director General Keith Alexander in October last year, senator Wyden and his Democratic colleague on the Senate intelligence committee, Mark Udall, noted that "the intelligence community has stated repeatedly that it is not possible to provide even a rough estimate of how many American communications have been collected under the Fisa Amendments Act, and has even declined to estimate the scale of this collection."At a congressional hearing in March last year, Alexander denied point-blank that the agency had the figures on how many Americans had their electronic communications collected or reviewed. Asked if he had the capability to get them, Alexander said: "No. No. We do not have the technical insights in the United States." He added that "nor do we do have the equipment in the United States to actually collect that kind of information".
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    Have NSA and other Administration officials perjured themselves in testimony to Congress? It look that way. Next question: will they be prosecuted?  See also related article at and the leaked FAQ on BoundlessInformant itself at . 
Paul Merrell

Why the Pentagon really, really doesn't want to get involved in Syria | Killer Apps - 0 views

  • Top Pentagon brass have been ambivalent in the extreme about getting involved in the Syrian crisis since it began more than two years ago. And now, even as the Obama administration signals its intention to provide direct military aid to opponents of the Syrian regime, there remains deep skepticism across the military that it will work. With some notable exceptions, top brass believe arming Syrian rebels, creating a no-fly zone and intervening in other ways militarily, amounts to a risky approach with enormous costs that won't likely give the Syrian opposition the lift it needs.
  • While no one is talking about sending boots on the ground, top brass is extremely reluctant to commit assets. For example, senior military officers believe arming rebels, long one of the most popular initiatives among Syrian interventionists, will result in those arms getting into the wrong hands sooner or later. "There is no way to ensure their safeguarding and recovery procedures in the event the weapons are stolen or lost and end up in the wrong hands," one senior military officer said, speaking on an issue with which he is familiar but on which he isn't authorized to speak publicly. Creating a no-fly zone sounds good on paper, military officials say, and might help to give a morale boost to the opposition. But it represents little more than a symbolic strategy meant to show the Assad regime that the U.S. and its allies want to contain the conflict. But if one of President Bashar al-Assad's aircraft are shot down, then what, military officials ask.
  • A perception that there is a dearth of military assets needed for such action contributes to the collective military sentiment about Syrian intervention. There's also perhaps a deep, psychological underpinning: the Syrian rebels are nearly indistinguishable from some of the very foreign fighters the military has been fighting. "The defense establishment has been fighting jihadis for the last many years, and now, why are we helping them?"
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  • The Pentagon's enthusiasm for a no-fly zone is tempered by past experiences. The Air Force still quickly points to Operation Northern and Southern Watch over Iraq as an operationally exhausting and expensive endeavor that lasted many years. "The biggest reason the military is resistant is frankly that it recognizes as well it should, post-Iraq, that military action brings extreme and unintended consequences and that's totally valid," said Joe Holliday, a fellow at the Institute for the Study of War.
  • Still, the conventional wisdom across the senior level general and flag officers in the military is that military options generally aren't good ones. Gen. Philip Breedlove, commander of U.S. European Command and Supreme Allied Commander, Europe, had said he saw "no military value" in creating a no-fly zone inside northern Syria.
  • That lack of strategic enthusiasm for a military role in Syria has animated or perhaps justified the administration's own ambivalence since the uprising began in March 2011. As the Pentagon grapples with a financial crisis largely brought on by the debts created by fighting two protracted wars for more than the last decade, military leaders aren't keen to slip into another fight. Chairman of the Joint Chiefs of Staff, Gen. Marty Dempsey, has repeatedly repudiated the idea of getting more involved in Syria. Providing direct military aid or getting involved in some other way is one thing, but it's the endgame the brass worries about. "Before we take action, we have to be prepared for what comes next," Dempsey told the Senate Armed Services Committee April 18. And at a breakfast for reporters later that month, Dempsey again expressed doubt about intervention. "Whether the military effect would produce the kind of outcome I think that not only members of Congress but all of us would desire -- which is an end to the violence, some kind of political reconciliation among the parties, and a stable Syria -- that's the reason I've been cautious about the application of the military instrument of power.... It's not clear to me that it would produce that outcome," he said.
Jeremy Stanfords

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Paul Merrell

Latif v. Holder :: Ninth Circuit :: US Courts of Appeals Cases :: US Federal Case Law :... - 0 views

  • Plaintiffs were United States citizens or legal permanent residents who had good reason to believe they were on the Terrorist Screening Center's (TSC) no-fly list (List). They initially submitted grievances through the redress program run by the Transportation Security Administration (TSA), but the government refused to confirm or deny their inclusion on the List. Rather than continuing to pursue their administrative grievances with the TSA, Plaintiffs filed this action against the directors of the TSC and FBI and the attorney general, challenging the TSA's grievance procedures. The district court dismissed the case, holding that TSA was a necessary party to the litigation but that TSA could not feasibly be joined in the district court due to 49 U.S.C. 46110, which grants federal courts of appeals exclusive jurisdiction to review TSA's final orders. The Ninth Circuit Court of Appeals reversed, holding (1) section 46110 does not strip the district court of federal question jurisdiction over substantive challenges to the inclusion of one's name on the List; and (2) the district court's determination that TSA was a necessary party was not an abuse of discretion, but the court erred in holding that joinder of TSA was infeasible in light of section 46110.
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    The U.S. Ninth Circuit Court of Appeals strikes down a lower court ruling that in effect would have prevented people from challenging their placement on the Terrorist Screening Center's "no-fly list." The Court of Appeals cleared the way for the plaintiffs to sue the heads of three federal agencies for failure to provide a meaningful Due Process procedure for them to respond to the evidence that landed them on the list. A big blow for freedom from arbitrary government  action.   
Paul Merrell

The Rutherford Institute :: Life in the Electronic Concentration Camp: The Many Ways Th... - 0 views

  • As noted by the Brookings Institution, “For the first time ever, it will become technologically and financially feasible for authoritarian governments to record nearly everything that is said or done within their borders — every phone conversation, electronic message, social media interaction, the movements of nearly every person and vehicle, and video from every street corner.” As the following will show, the electronic concentration camp, as I have dubbed the surveillance state, is perhaps the most insidious of the police state’s many tentacles, impacting almost every aspect of our lives and making it that much easier for the government to encroach on our most vital freedoms, ranging from free speech, assembly and the press to due process, privacy, and property, by eavesdropping on our communications, tracking our movements and spying on our activities.
  • To put it bluntly, we are living in an electronic concentration camp. Through a series of imperceptible steps, we have willingly allowed ourselves to become enmeshed in a system that knows the most intimate details of our lives, analyzes them, and treats us accordingly. Whether via fear of terrorism, narcissistic pleasure, or lazy materialism, we have slowly handed over our information to all sorts of entities, corporate and governmental, public and private, who are now using that information to cow and control us for their profit. As George Orwell warned, “You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.” Thus, we have arrived in Orwell’s world. The question now is: will we take a stand and fight to remain free or will we go gently into the concentration camp?
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    Nice beginning inventory of the ways government records its citizenry's every move.  
Paul Merrell

Poll Shows Diminishing Support for Two-State Solution - Inter Press Service - 0 views

  • Twenty years of the Oslo peace process between Israelis and Palestinians have made a solution more difficult to attain, rather than easier. That was the conclusion of a poll of Israelis and Palestinians released on Friday. The poll, conducted by Zogby Research Services, showed that barely one-third of Israelis (34 percent) and Palestinians (36 percent) still believe that a two-state solution is feasible. And, while the two-state solution remains the most popular option among both peoples, that support is much stronger among Israelis (74 percent) than among Palestinians (47 percent).
  • Lead pollster and President of both Zogby Research Services and the Arab American Institute, Jim Zogby, sees these results as very troubling and as boding ill for the potential for U.S. Secretary of State John Kerry’s efforts to salvage the two-state solution.
  • Both Israeli Prime Minister Benjamin Netanyahu and Palestinian President Mahmoud Abbas have stated that they would put any agreement to a referendum among their respective peoples. When asked if they held out hope, only 11 percent of Palestinians and 39 percent of Israelis said they did. But, when asked if they would support an agreement if their respective leaders endorsed it, 55 percent of Israelis and 49 percent of Palestinians said they would do so, while only 19 percent of Israelis and 28 percent of Palestinians said they would not.
Paul Merrell

British Spies Allowed to Access U.S. Data Without a Warrant - NationalJournal.com - 0 views

  • British authorities are capable of tapping into bulk communications data collected by other countries' intelligence services—including the National Security Agency—without a warrant, according to secret government documents released Tuesday. The agreement between the NSA and Britain's spy agency, known as Government Communications Headquarters or GCHQ, potentially puts the Internet and phone data of Americans in the hands of another country without legal oversight when obtaining a warrant is "not technically feasible."   The data, once obtained, can be kept for up to two years, according to internal policies disclosed by the British government. GCHQ was forced to reveal that it can request and receive vast quantities of raw, unanalyzed data collected from foreign governments it partners with during legal proceedings in a closed court hearing in a case brought by various international human-rights organizations, including Privacy International, Liberty U.K., and Amnesty International. The suit challenges certain aspects of GCHQ's surveillance practices.
  • It is well known that the NSA and GCHQ closely share intelligence data with one another, as part of a long-standing surveillance partnership. Some details of the agencies' spy pact were exposed by former NSA contractor Edward Snowden last year, including the existence of GCHQ's Tempora program, which taps into fiber-optic cables to scoop up online and telephone traffic across the Web for up to 30 days. But this is the first time the British government has disclosed that it does not require a warrant to access data collected and maintained by its American counterparts. The revelation appears to counter statements made by an oversight committee of the British Parliament in July of last year that "in each case where GCHQ sought information from the U.S., a warrant for interception, signed by a minister, was already in place."   It is unclear whether any restrictions on Britain's access to NSA surveillance data is imposed by the U.S. However, documents provided by Snowden to The Guardian last year reveal that the NSA shares raw intelligence data with Israel without removing information about U.S. citizens.
  • In a statement, the NSA said it works with a number of partner countries to further its "foreign intelligence mission." But it did not specify whether it was aware of or condoned Britain's apparent warrantless access of its data. "Whenever NSA shares intelligence information, we comply with all applicable rules, including rules designed to safeguard U.S. person information," the agency said. "NSA does not ask its foreign partners to undertake any intelligence activity that the U.S. government would be legally prohibited from undertaking itself." American privacy advocates quickly condemned any warrantless access of U.S. communications data by British authorities.   "The 'arrangement' disclosed today suggests that the two countries are circumventing even the very weak safeguards that have been put in place," Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said in a statement to National Journal. "It underscores both the inadequacy of existing oversight structures and the pressing need for [surveillance] reform."
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    Note that this came out in a court case; it is not a Snowden leak. 
Paul Merrell

CIA Torture Report: Oversight, But No Remedies Yet - 0 views

  • The release of the executive summary of the Senate Intelligence Committee report on CIA’s post-9/11 interrogation program is, among other things, an epic act of record preservation. Numerous CIA records that might not have been disclosed for decades, or ever, were rescued from oblivion by the Senate report and are now indelibly cited and quoted, even if many of them are not yet released in full. That’s not a small thing, since the history of the CIA interrogation program was not a story that the Agency was motivated or equipped to tell. “The CIA informed the Committee that due to CIA record retention policies, the CIA could not produce all CIA email communications requested by the Committee,” the report noted, explaining that the desired information was sometimes recovered from a reply message when the original email was missing. Agency emails turned out to be a critical source of information, a fact that illuminates the Committee’s sharp response recently to the (now suspended) CIA proposal to the National Archives (NARA) to destroy most Agency emails of non-senior officials.
  • Thus, the gruesome record of the waterboarding of al Qaeda operative Abu Zubaydah “was referenced in emails, but was not documented or otherwise noted in CIA cables.” (This is at odds with NARA’s initial view that “It is unlikely that permanent records will be found in these email accounts that is not filed in other appropriate files.”) The Committee report is also a remarkable demonstration of the congressional oversight function that is all the more impressive because it was performed in adverse, unfavorable conditions. It is striking to see how the CIA sometimes treated the Senate Intelligence Committee, its leadership and its staff with the same disdain and evasiveness that is often perceived by FOIA requesters and other members of the public. Committee questions were ignored, inaccurate information was provided, and the oversight process was gamed.
  • “Internal CIA emails include discussion of how the CIA could ‘get… off the hook on the cheap’ regarding [then-Committee] Chairman [Bob] Graham’s requests for additional information…. In the end, CIA officials simply did not respond to Graham’s requests prior to his departure from the Committee in January 2003,” the report said. “I am deeply disturbed by the implications of the study for the committee’s ability to discharge its oversight responsibility,” wrote Sen. Angus King (I-Maine) in his additional remarks. “Because it appears from the study that the committee was continuously misled as to virtually all aspects of this program, it naturally raises the extremely troubling question as to whether we can trust the representations of the agency in connection with difficult or sensitive issues in the future.” But minority members of the Committee disputed this characterization: “In reality, the overall pattern of engagement with the Congress shows that the CIA attempted to keep the Congress informed of its activities,” they wrote in their extensive dissenting views. Perhaps the most important achievement of the Committee report was to document and memorialize the fact that agents of the US Government practiced torture. Not “harsh measures” or “enhanced techniques,” but torture.
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  • Senator Susan Collins (R-Maine), who criticized what she said were methodological flaws in the Committee report, said in her additional views that “Despite these significant flaws, the report’s findings lead me to conclude that some detainees were subject to techniques that constituted torture. This inhumane and brutal treatment never should have occurred.” By the same token, the most important omission from the report is the absence of any discussion of remedies. Now that it is firmly established that “we tortured some folks,” as President Obama awkwardly put it, the question is what to do about it. Confession without atonement is incomplete. Prosecution seems problematic for a number of reasons, including the difficulty of localizing responsibility, when it is entire institutions and not just particular officials that failed. A different approach to the problem would start by considering the individuals who suffered abuse at the hands of the U.S. government, including a number of persons who were detained in error. Congress could now ask how some of them (i.e. those who are still alive) could be compensated in some measure for what was wrongly done to them.
  • Several previous efforts to seek remedies for torture were deflected by use of the state secrets privilege. In light of the detailed findings of the Senate Intelligence Committee report, that sort of evasion should be harder to sustain. Congress could accelerate a resolution of the problem with a focused investigation of what potential remedies are now feasible and appropriate.
Paul Merrell

Moussaoui Calls Saudi Princes Patrons of Al Qaeda - NYTimes.com - 0 views

  • In highly unusual testimony inside the federal supermax prison, a former operative for Al Qaeda has described prominent members of Saudi Arabia’s royal family as major donors to the terrorist network in the late 1990s and claimed that he discussed a plan to shoot down Air Force One with a Stinger missile with a staff member at the Saudi Embassy in Washington.The Qaeda member, Zacarias Moussaoui, wrote last year to Judge George B. Daniels of United States District Court for the Southern District of New York, who is presiding over a lawsuit filed against Saudi Arabia by relatives of those killed in the Sept. 11, 2001, terrorist attacks. He said he wanted to testify in the case, and after lengthy negotiations with Justice Department officials and the federal Bureau of Prisons, a team of lawyers was permitted to enter the prison and question him for two days last October.
  • He said in the prison deposition that he was directed in 1998 or 1999 by Qaeda leaders in Afghanistan to create a digital database of donors to the group. Among those he said he recalled listing in the database were Prince Turki al-Faisal, then the Saudi intelligence chief; Prince Bandar Bin Sultan, the longtime Saudi ambassador to the United States; Prince al-Waleed bin Talal, a prominent billionaire investor; and many of the country’s leading clerics.“Sheikh Osama wanted to keep a record who give money,” he said in imperfect English — “who is to be listened to or who contributed to the jihad.”Mr. Moussaoui said he acted as a courier for Bin Laden, carrying personal messages to prominent Saudi princes and clerics. And he described his training in Qaeda camps in Afghanistan.
  • He helped conduct a trial explosion of a 750-kilogram bomb as a trial run for a planned truck-bomb attack on the American Embassy in London, he said, using the same weapon used in the Qaeda attacks in 1998 on the American Embassies in Kenya and Tanzania. He also studied the possibility of staging attacks with crop-dusting aircraft.In addition, Mr. Moussaoui said, “We talk about the feasibility of shooting Air Force One.” Specifically, he said, he had met an official of the Islamic Affairs Department of the Saudi Embassy in Washington when the Saudi official visited Kandahar. “I was supposed to go to Washington and go with him” to “find a location where it may be suitable to launch a Stinger attack and then, after, be able to escape,” he said.
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  • Transcripts of testimony by Zacarias Moussaoui, a former Qaeda operative, under questioning over two days in October by lawyers in a suit filed against Saudi Arabia by relatives of 9/11 victims. Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
  • Also filed on Monday in the survivors’ lawsuit were affidavits from former Senators Bob Graham of Florida and Bob Kerrey of Nebraska and the former Navy secretary John Lehman, arguing that more investigation was needed into Saudi ties to the 9/11 plot. Mr. Graham was co-chairman of the Joint Congressional Inquiry into the attacks, and Mr. Kerrey and Mr. Lehman served on the 9/11 Commission.
  • “I am convinced that there was a direct line between at least some of the terrorists who carried out the Sept. 11 attacks and the government of Saudi Arabia,” wrote Mr. Graham, who has long demanded the release of 28 pages of the congressional report on the attacks that explore Saudi connections and remain classified.Mr. Kerrey said in the affidavit that it was “fundamentally inaccurate and misleading” to argue, as lawyers for Saudi Arabia have, that the 9/11 Commission exonerated the Saudi government.
Paul Merrell

Chinese delegation offers $250M investment in Egypt | Cairo Post - 0 views

  • CAIRO:  A Chinese delegation from Star Oil & Gas (SOG) holdings along with partners from the International Drilling Material Manufacturing (IDM) company met Sunday with Minister of Petroleum and Mineral Resources Sherif Ismail, offering new projects of $250M to be completely funded by the Chinese government and Chinese banks. A statement released from the ministry added that the delegation discussed a feasibility study of a new steel rolling factory to produce seamless pipes to supply the entire African market, that will be considered as a “development step” in the whole IDM system. SOG’s representative in Egypt Mohamed Al-Gohary stated that this project is going to be “a first” in the Middle East on the field of drilling and oil exploration. He assured that the Chinese trust in Egypt’s economic vision, that was one of the main reasons that encouraged them to prepare the study and discuss it with the government. Li Yang, SOG holdings head, said that the Chinese government considers Egypt as a “key investment country” in Africa.
  • A presidential statement released during that visit stated it would “usher in a new phase of relations between the two countries, as China has expressed an interest in promoting their relationship to the level of ‘strategic partnership’—a level China maintains with only a limited number of countries globally.” During the visit, President Sisi held talks and signed a number of cooperation agreements with his Chinese counterpart President Xi Jinping, on bilateral economic and technical cooperation. In previous presidential statement, spokesperson Alaa Youssef, noted that China is Egypt’s second largest trading partner. The trade between Egypt and China amounted to $10.3 billion in 2013, of which $1.9 billion were Egyptian exports to China and $8.4 billion were imports from China, according to government figures. The history of modern bilateral relations between the two countries dates back to 1956, when Egypt became the first Arab and African country to recognize the communist government of the People’s Republic of China.
Paul Merrell

US Sends Green Berets to Northern Iraq | Military.com - 0 views

  • Special Forces advisors have set up an operations center in northern Iraq as part of the expanding U.S. political and military effort to keep Iraq from splintering against attacks by Islamic extremists, Defense Secretary Chuck Hagel said Thursday. In recent days, a small team of advisors opened up a Joint Operations Center (JOC) in Irbil, capital of the semi-autonomous Kurdish Regional Government, Hagel said at a Pentagon briefing with Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff. The Irbil mission will complement the JOC already in operation in Baghdad in assessing the capability and will of the Iraqi national security forces to combat militants of the Islamic State of Iraq and the Levant who have swept across large swaths of western and northern Iraq against little opposition. President Obama has authorized 300 troops for the advisory mission and about 200 are now on the ground, Hagel said. "None will perform combat missions," he said.
  • About 550 additional troops have the separate mission of protecting the U.S. Embassy and U.S. facilities at the Baghdad airport with the goal of "providing our diplomats time and space" to press for the formation of a unity government in Iraq, Hagel said. The troops at the airport arrived earlier this week with Apache attack helicopters and small surveillance drones to protect U.S. facilities at the airport should an evacuation be ordered.
  • The U.S. has moved the aircraft carrier George H.W. Bush into the Persian Gulf, and has numerous other air assets in the region, but Dempsey stressed that there had been no decisions as yet on the feasibility of airstrikes against ISIL. "We may get to that point," Dempsey said of airstrikes. "I'm suggesting to you that we're not there yet." If airstrikes were ordered, "that's going to be a tough challenge" because of the intermingling of ISIL fighters with Sunni tribes that have supported them, Dempsey said. U.S. pilots probably would attempt not to hit the tribal fighters to send the message that a unified Iraq was in their best interests, Dempsey said. "It matters for the future of Iraq," he said.
Paul Merrell

No Fly List: Govt Offers New Redress Procedures - 0 views

  • The government will no longer refuse to confirm or deny that persons who are prevented from boarding commercial aircraft have been placed on the “No Fly List,” and such persons will have new opportunities to challenge the denial of boarding, the Department of Justice announced yesterday in a court filing. Until now, the Government refused to acknowledge whether or not an individual traveler had been placed on the No Fly List and, if so, what the basis for such a designation was. That is no longer the case, the new court filing said: “Under the previous redress procedures, individuals who had submitted inquiries to DHS TRIP [the Department of Homeland Security Traveler Redress Inquiry Program] generally received a letter responding to their inquiry that neither confirmed nor denied their No Fly status.” “Under the newly revised procedures, a U.S. person who purchases a ticket, is denied boarding at the airport, subsequently applies for redress through DHS TRIP about the denial of boarding, and is on the No Fly List after a redress review, will now receive a letter providing his or her status on the No Fly List and the option to receive and/or submit additional information.”
  • If the individual traveler chooses to pursue the matter, DHS “will provide a second, more detailed response. This second letter will identify the specific criterion under which the individual has been placed on the No Fly List and will include an unclassified summary of information supporting the individual’s No Fly List status, to the extent feasible, consistent with the national security and law enforcement interests at stake.” The new redress procedures were developed in response to legal challenges to the No Fly List procedures, which argued that the procedures were constitutionally deficient or otherwise improper. The notice of the new procedures was filed yesterday in the pending lawsuit Gulet Mohamed v. Eric H. Holder, Jr., which is one of the ongoing lawsuits over the No Fly List.
  • The CRS report, which predates the newly announced procedures, reviewed many of the legal issues involved. See The No Fly List: Procedural Due Process and Hurdles to Litigation, April 2, 2015.
  •  
    Still not good enough. There should be no no-fly list. And if we are to have one anyway, people should be notified before or at the time they are placed on the list Finding out only when you arrive at the airport and are denied boarding is B.S.  Say I decide I want to work in Thailand for a few years teach English as a second language. I arrange for a job there, make the initial payment for rental of housing, get rid of most of my possessions, sell my house, and make other arrangements for a long-term absence from the U.S. Then I get to the airport and learn I'm not allowed to leave the U.S. This is bureaucracy gone nuts, Kafkaeque.   
Gary Edwards

Rumsfeldt's Missing Trillions, Stavridis and Unconventional War | nsnbc international - 0 views

  • One of these survivors is April Gallop. April Gallop would testify under oath in a two-hour-long, video-taped interview with Barbara Honegger who has conducted an in-depth investigation into the events at the Pentagon on September 11. April Gallop would state that a violent explosion near her desk in Wedge Two on Corridor Five, more than 100 ft north from the official narratives’ alleged plane impact point stopped her watch at 9:30.
  • Gallop would state the she saw fires coming out of computers. Barbara Honegger reports that other eyewitnesses, including Tracy Webb experienced such computer fires at the E Ring of Corridor Four.
  • The alleged plane impact happened at least eight minutes after massive explosions inside the Pentagon.
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  • Another clock from the Pentagon that is kept at the Smithsonian as well as photographic evidence prove that other clocks stopped due to explosions before the alleged plane impact. Barbara Honegger’s research would show that “something” struck the Pentagon from the outside too. That object, however, was not a jetliner and struck some 150 meters from the alleged jetliner impact site.
  • Donald Rumsfeldt’s war on waste would turn into the Global War on Terror and lead to the invasions of Afghanistan and Iraq. Information about the missing 2.3 trillion dollar was destroyed on September 11.
  • The document states that the United States, for the foreseeable future, would primarily be engaged in unconventional warfare. The document contains a structured approach to the subversion of targeted nation States, beginning with an assessment of a feasible and cooperative opposition, the creation of events to polarize society, the establishment of armed groups and their development into a fighting force that is capable of fighting a civil war or unconventional war under U.S. supervision to achieve U.S. foreign policy goals.
  • The TC 18-01 contains a de-facto blueprint for the United States’ and NATO’s involvement in Libya and Syria under the command of NATO SACEUR Stavridis. The TC 18-01 also represents a precise blueprint of the ongoing war in Iraq and the “crisis” in Ukraine.
  • Arguably, 2.3 trillion dollar are a seizable start-up budget for wars which have to be waged “off the books”.
  •  
    "September 10, 2001. U.S. Secretary of Defense Donald Rumsfeldt stated that 2.3 trillion dollar from the Pentagon's annual budget could not be accounted for. September 11, 2001, the Pentagon's accounting office and the Naval Command Center were targeted, allegedly by a plane. Survivors would report about explosions inside the Pentagon prior to the alleged plane impact. During a 2012 Forestall Lecture , Admiral James G. Stavridis noted that he was working as a newly selected 1-star accounting officer at the Pentagon and that he was lucky to have survived. By 2009 Stavridis would have been promoted to the rank of Admiral and NATO's Supreme Allied Commander Europe. Responsible for NATO's 2011 military operations in Libya, Stavridis would describe NATO's intervention in Libya as "a teachable moment and model for future interventions". "
Gary Edwards

The Business Offensive: A Symmetrical Ruling Class - 0 views

  • Since the close of World War II, America has sought an integrated policy as the militarization of capitalism
  • In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government.
  • the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State.
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  • Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status.
  • Here government was crucial to harmonious internal structural arrangements, anticompetitive in its policies for the promotion of monopolism sector-by-sector including banking (the House of Morgan, whose offshoots firmed up the organization of railroads and manufacturing) as the means to systemic consolidation—an end to internecine competition—which was achieved in the early 20th century under Theodore Roosevelt and Woodrow Wilson (themselves the Janus-faced construct of the Battleship Navy and supposed liberal internationalism) setting the stage for the present era.
  • In practice, we see the interpenetration of business and government as the integration of monopoly capitalism in its own right.
  • By the late 1940s one can say that the military remained a junior partner of a synthesized ruling group or class, given the overwhelming thrust of business and its ascendant banking wing in defining American capitalism.
  • American capitalism could no longer go it alone, the military increasingly supplying the muscle for continued expansion and profitability. Korea and Vietnam were important chapters in the reshaping of a capitalist polity, with numerous interventions beyond mention the underpinning for a coalescent framework of elites, all making for a structural process of shaking down to the bare essentials the capitalist and military components in search of equilibrium. For otherwise, America feared its decline and would do anything to prevent.
  • Granted, it is hard to conceive of capitalism as a perpetual war machine, especially in America, which labors under the fiction of being, or if it ever was, then remaining, a democracy.
  • But there it is, an arms budget dwarfing all else, military bases strategically gathered worldwide, death squads euphemistically termed Special Ops, presidential-directed drone assassinations, the list goes on—so much so that one almost forgets capitalism is centrally about business and profits, not murder and mayhem.
  • the Great Capitalist Synthesis
  • an accomplice to the more successful militarization of capitalism by holding its own as an integral part in the relationship. In sum, the desideratum of business as usual, as in fleecing the consumer and jeopardizing his/her safety, destroying the environment, and best of all, removing itself from the constitutional foundations of the rule of law.
  • Corporations and banks have become a law unto themselves, with all the organs of government stretching from the Executive, Congress, the Supreme Court, to myriad regulatory agencies some unbeknownst to the public, sitting as a chorus of admiring voices egging them on.
  • Corporate Rescindment of Legal Rights: Business Power Run Amuck,
  • Class-action law suits, frequently the only feasible action of the poor for seeking redress of grievances against the giant corporations, are all but prohibited, replaced in contracts by compulsory-arbitration clauses, intended in the first place to kill class actions, which compel the individual standing alone to face insurmountable odds in a process by which the corporation names the arbitrator, keeps the proceedings secret, and determines the rules of procedure.
  • Civil courts are thrown to the winds.
  • It is as though capitalism, in this one seemingly minor area touching primarily the normalization of everyday relationships, has gone on the offensive, not of course to re-establish its relation to the military, but specifically and directly to exercise its domination over the people.
  • The now-and-future business polity is the fulfillment of the fascist dream, an authoritarian power structure of corporate consolidation supported through governmental suppression of dissent at home and an aggressively waged foreign policy to capture world markets.
  • The small print of the contracts one signs, whether for car rentals or nursing homes, and thousands of transactions in between, emboldens capitalism to go its solipsistic way, to the destruction of freedom, the planet, and human dignity.
  •  
    "Since the close of World War II, America has sought an integrated policy as the militarization of capitalism. In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government. The result was never an intracompetitive mold because each needed and recognized the value of the other, but still there were periods of imbalance in their respective surges of governmental policy-emphasis. American capitalism had become a functional duopoly (C. Wright Mills' Power Elite was a good popular discussion of this general structure at an earlier point in our capitalist-development trajectory after the war), the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State. There is nothing actually new here about the American historical pattern, except of course the more explicit and pronounced role to be assigned the military in the stabilization and expansion of American capitalism. The military was never at any point following the Civil War a negligible input in synthesizing the materials for an operational ruling class, but essentially, as in the late-19th century policy of the Open Door, business was sufficiently confident of its own power (the "imperialism of free trade") to carry forward the process of expansion largely on its own. Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status."
Paul Merrell

"It's Going To Take Years": US Air Force Calls For Ground Troops To "Occupy And Govern"... - 0 views

  • One thing you might have noticed of late is that Washington seems to be preparing the US public for the possibility that the Pentagon is going to put “boots on the ground” in Syria and by “boots on the ground,” we mean more than 50 “advisors.”  Indeed, it’s the same story in Iraq and as we noted after the release of helmet cam footage depicting an ISIS prison raid in the northern Iraqi town of Huwija late last month, releasing battlefield GoPro shots is probably i) an effort to convince whatever partners the US has left in the Mid-East that Washington is still effective at “fighting” terror, and ii) a prelude to stepped up ground ops.  That assessment was confirmed when the Pentagon suggested it would send Apache gunships and their crews to Baghdad. Of course Iraq poured cold water on that idea when spokesman Sa'ad al-Hadithi told NBC News that "this is an Iraqi affair and the government did not ask the U.S. Department of Defense to be involved in direct operations. We have enough soldiers on the ground." Yes, enough Iranian soldiers, and so, as we noted earlier this month, the US will either need to go through Erbil to get more US boots in Iraq or else just shift the focus to Syria where putting combat troops into battle risks lining up American soldiers to enter into direct combat with the Quds and Hezbollah and may even risk an “accident” whereby Russia bombs an American position because the Pentagon lied to The Kremlin and said the US wouldn’t be operating near Aleppo. 
  • Well, on Tuesday, we got the latest hint that a large scale (not to mention prolonged) ground operation is in the offing as the  U.S. Air Force Secretary Deborah Lee James told reporters that air power alone cannot “defeat ISIS.” Here’s Bloomberg:  The U.S.-led military coalition fighting Islamic State militants is weakening the group’s hold in Iraq and Syria even after Gulf Arab allies scaled back airstrikes, though ground forces are needed to retake territory, senior U.S. Air Force officials said.   The coalition’s air campaign has killed thousands of fighters, including key leaders, and pushed back militants by hitting control and training centers as well as equipment and storage areas, U.S. Air Force Secretary Deborah Lee James told reporters Tuesday. Occupying or governing land will require “boots on the ground” including the Iraqi army, Syrian opposition fighters and Kurdish forces, which the U.S. is trying to train and equip, she said.   "It’s going to take years" to fight Islamic State, James said at the Dubai Air Show. "Ultimately, this area requires a political solution as well."
  • "Ultimately it cannot occupy territory and very importantly it cannot govern territory," she told reporters at the Dubai Airshow. "This is where we need to have boots on the ground. We do need to have ground forces in this campaign." James cited the "Iraqi army, the Free Syrians and the Kurds" as forces to support in the fight against IS. Ok so first - and we're not going to go into the whole story here because we've covered it exhaustively - these two things are not compatible and someone in The Pentagon needs to explain the contradiction: The U.S. has moved A10 jets from Kuwait and tankers from Qatar to Turkey’s Incirlik Air Base  James cited the "Iraqi army, the Free Syrians and the Kurds" You can't fly from Incirlik in support of troops fighting with the Kurds. It won't work. Erdogan will lose his mind. Someone in Washington needs to explain why the US thinks that's feasible.  But more importantly, note that James mentions "occupying [and] governing territory."  Who said anything about "occupying and governing"? Does the US now intend to "occupy and govern" Syria even as the Russians and Iranians expand their campaign?  Finally, what's this about "years"?  It seems to us that James is saying the US needs to invade Syria in an Iraq-style takeover bid. We're that will go splendidly, but again the silver lining is that starting World War III will be a boon for the MIC, which means the economy will rebound in short order.
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Jus... - 0 views

  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Paul Merrell

The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions | Just S... - 0 views

  • Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant. In an order questioning the government’s purported legal basis for this request, the All Writs Act of 1789 (AWA), Judge Orenstein asked Apple for a brief informing the court whether the request would be technically feasible and/or burdensome. After Apple filed, the court asked it to file a brief discussing whether the government had legal grounds under the AWA to compel Apple’s assistance. Apple filed that brief and the government filed a reply brief last week in the lead-up to a hearing this morning.
  • We’ve long been concerned about whether end users own software under the law. Software owners have rights of adaptation and first sale enshrined in copyright law. But software publishers have claimed that end users are merely licensees, and our rights under copyright law can be waived by mass-market end user license agreements, or EULAs. Over the years, Granick has argued that users should retain their rights even if mass-market licenses purport to take them away. The government’s brief takes advantage of Apple’s EULA for iOS to argue that Apple, the software publisher, is responsible for iPhones around the world. Apple’s EULA states that when you buy an iPhone, you’re not buying the iOS software it runs, you’re just licensing it from Apple. The government argues that having designed a passcode feature into a copy of software which it owns and licenses rather than sells, Apple can be compelled under the All Writs Act to bypass the passcode on a defendant’s iPhone pursuant to a search warrant and thereby access the software owned by Apple. Apple’s supplemental brief argues that in defining its users’ contractual rights vis-à-vis Apple with regard to Apple’s intellectual property, Apple in no way waived its own due process rights vis-à-vis the government with regard to users’ devices. Apple’s brief compares this argument to forcing a car manufacturer to “provide law enforcement with access to the vehicle or to alter its functionality at the government’s request” merely because the car contains licensed software. 
  • This is an interesting twist on the decades-long EULA versus users’ rights fight. As far as we know, this is the first time that the government has piggybacked on EULAs to try to compel software companies to provide assistance to law enforcement. Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)
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  • The government’s brief does not acknowledge the sweeping implications of its arguments. It tries to portray its requested unlocking order as narrow and modest, because it “would not require Apple to make any changes to its software or hardware, … [or] to introduce any new ability to access data on its phones. It would simply require Apple to use its existing capability to bypass the passcode on a passcode-locked iOS 7 phone[.]” But that undersells the implications of the legal argument the government is making: that anything a company already can do, it could be compelled to do under the All Writs Act in order to assist law enforcement. Were that the law, the blow to users’ trust in their encrypted devices, services, and products would be little different than if Apple and other companies were legally required to design backdoors into their encryption mechanisms (an idea the government just can’t seem to drop, its assurances in this brief notwithstanding). Entities around the world won’t buy security software if its makers cannot be trusted not to hand over their users’ secrets to the US government. That’s what makes the encryption in iOS 8 and later versions, which Apple has told the court it “would not have the technical ability” to bypass, so powerful — and so despised by the government: Because no matter how broadly the All Writs Act extends, no court can compel Apple to do the impossible.
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