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Paul Merrell

White House OKd spying on allies, U.S. intelligence officials say - latimes.com - 0 views

  • The White House and State Department signed off on surveillance targeting phone conversations of friendly foreign leaders, current and former U.S. intelligence officials said Monday, pushing back against assertions that President Obama and his aides were unaware of the high-level eavesdropping. Professional staff members at the National Security Agency and other U.S. intelligence agencies are angry, these officials say, believing the president has cast them adrift as he tries to distance himself from the disclosures by former NSA contractor Edward Snowden that have strained ties with close allies. The resistance emerged as the White House said it would curtail foreign intelligence collection in some cases and two senior U.S. senators called for investigations of the practice. France, Germany, Italy, Mexico and Sweden have all publicly complained about the NSA surveillance operations, which reportedly captured private cellphone conversations by German Chancellor Angela Merkel, among other foreign leaders.
  • On Monday, as Spain joined the protest, the fallout also spread to Capitol Hill.
  • Until now, members of Congress have chiefly focused their attention on Snowden's disclosures about the NSA's collection of U.S. telephone and email records under secret court orders. "With respect to NSA collection of intelligence on leaders of U.S. allies — including France, Spain, Mexico and Germany — let me state unequivocally: I am totally opposed," said Sen. Dianne Feinstein (D-Calif.), who chairs the Senate Intelligence Committee. "Unless the United States is engaged in hostilities against a country or there is an emergency need for this type of surveillance, I do not believe the United States should be collecting phone calls or emails of friendly presidents and prime ministers," she said in a statement. Feinstein said the Intelligence Committee had not been told of "certain surveillance activities" for more than a decade, and she said she would initiate a major review of the NSA operation. She added that the White House had informed her that "collection on our allies will not continue," although other officials said most U.S. surveillance overseas would not be affected. Sen. John McCain (R-Ariz.), ranking minority member of the Armed Services Committee, said Congress should consider creating a special select committee to examine U.S. eavesdropping on foreign leaders.
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  • "Obviously, we're going to want to know exactly what the president knew and when he knew it," McCain told reporters in Chicago. "We have always eavesdropped on people around the world. But the advance of technology has given us enormous capabilities, and I think you might make an argument that some of this capability has been very offensive both to us and to our allies."
  • Precisely how the surveillance is conducted is unclear. But if a foreign leader is targeted for eavesdropping, the relevant U.S. ambassador and the National Security Council staffer at the White House who deals with the country are given regular reports, said two former senior intelligence officials, who spoke on condition of anonymity in discussing classified information. Obama may not have been specifically briefed on NSA operations targeting a foreign leader's cellphone or email communications, one of the officials said. "But certainly the National Security Council and senior people across the intelligence community knew exactly what was going on, and to suggest otherwise is ridiculous." If U.S. spying on key foreign leaders was news to the White House, current and former officials said, then White House officials have not been reading their briefing books. Some U.S. intelligence officials said they were being blamed by the White House for conducting surveillance that was authorized under the law and utilized at the White House. "People are furious," said a senior intelligence official who would not be identified discussing classified information. "This is officially the White House cutting off the intelligence community."
  • Any decision to spy on friendly foreign leaders is made with input from the State Department, which considers the political risk, the official said. Any useful intelligence is then given to the president's counter-terrorism advisor, Lisa Monaco, among other White House officials. Jay Carney, the White House press secretary, said Monday that Obama had ordered a review of surveillance capabilities, including those affecting America's closest foreign partners and allies. "Our review is looking across the board at our intelligence gathering to ensure that as we gather intelligence, we are properly accounting for both the security of our citizens and our allies and the privacy concerns shared by Americans and citizens around the world," Carney said.
  • Caitlin Hayden, spokeswoman for the National Security Council, said the review would examine "whether we have the appropriate posture when it comes to heads of state, how we coordinate with our closest allies and partners, and what further guiding principles or constraints might be appropriate for our efforts." She said the review should be completed this year.
  • Intelligence officials also disputed a Wall Street Journal article Monday that said the White House had learned only this summer — during a review of surveillance operations that might be exposed by Snowden — about an NSA program to monitor communications of 35 world leaders. Since then, officials said, several of the eavesdropping operations have been stopped because of political sensitivities.
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    Good. The Intelligence community is calling BS on Obama's claim that he didn't know about the spying on foreign heads of allied states. And McCain says we need a select Congressional committee to look into what the president knew and when he knew it. That's an implicit slam of the Feinstein-led Senate Select Committee on Intelligence's oversight of the intelligence agencies and a signal that there is a scandal lurking here. More importantly, a new select committee would not have the same membership as the existing Intelligence Community, which has largely functioned as a rubber stamp for what the intelligence agencies want. We have been down this road before, in the mid-70s, when the Defense Dept. intelligence agencies were caught spying on Americans, leading to the Select Committee investigation headed by former Sen. Frank Church and to the initial passage of the Foreign Intelligence Surveillance Act, among other legislation delivering a strong message to the intelligence agencies that what happens within the U.S. is off-limits to them. But that was a lesson forgotten as new technology came along for NSA to play with. If Obama is smart, he will promptly respond to the LA Times article with a clarification that top members of his staff knew and the previous statement dealt only with his personal knowledge. But the Obama Administration has overwhelmingly demonstrated an inability to head off scandals and a big tendency to cover-up rather than get out in front of story, particularly in matters involving the NSA. So we may see a major scandal emerge from this already enormous scandal that is laid directly at Barack Obama's feet, a cover-up scandal.   Who knew what when, where, why, and how? My favorite question. 
Paul Merrell

Quitting Over Syria | The American Conservative - 0 views

  • The release of the White House “Government Assessment” on August 30, providing the purported evidence to support a bombing attack on Syria, defused a conflict with the intelligence community that had threatened to become public through the mass resignation of a significant number of analysts. The intelligence community’s consensus view on the status of the Syrian chemical-weapons program was derived from a National Intelligence Estimate (NIE) completed late last year and hurriedly updated this past summer to reflect the suspected use of chemical weapons against rebels and civilians. The report maintained that there were some indications that the regime was using chemicals, while conceding that there was no conclusive proof. There was considerable dissent from even that equivocation, including by many analysts who felt that the evidence for a Syrian government role was subject to interpretation and possibly even fabricated. Some believed the complete absence of U.S. satellite intelligence on the extensive preparations that the government would have needed to make in order to mix its binary chemical system and deliver it on target was particularly disturbing. These concerns were reinforced by subsequent UN reports suggesting that the rebels might have access to their own chemical weapons. The White House, meanwhile, considered the somewhat ambiguous conclusion of the NIE to be unsatisfactory, resulting in considerable pushback against the senior analysts who had authored the report.
  • In a scenario unfortunately reminiscent of the lead up to Iraq, the National Security Council tasked the various intelligence agencies to beat the bushes and come up with more corroborative information. Israel obligingly provided what was reported to be interceptions of telephone conversations implicating the Syrian army in the attack, but it was widely believed that the information might have been fabricated by Tel Aviv, meaning that bad intelligence was being used to confirm other suspect information, a phenomenon known to analysts as “circular reporting.” Other intelligence cited in passing by the White House on the trajectories and telemetry of rockets that may have been used in the attack was also somewhat conjectural and involved weapons that were not, in fact, in the Syrian arsenal, suggesting that they were actually fired by the rebels. Also, traces of Sarin were not found in most of the areas being investigated, nor on one of the two rockets identified. Whether the victims of the attack suffered symptoms of Sarin was also disputed, and no autopsies were performed to confirm the presence of the chemical. 
  • With all evidence considered, the intelligence community found itself with numerous skeptics in the ranks, leading to sharp exchanges with the Director of Central Intelligence John Brennan and Director of National Intelligence James Clapper. A number of analysts threatened to resign as a group if their strong dissent was not noted in any report released to the public, forcing both Brennan and Clapper to back down. This led to the White House issuing its own assessment, completely divorcing the process from any direct connection to the intelligence community. The spectacle of CIA Director George Tenet sitting behind Secretary of State Colin Powell in the United Nations, providing him with credibility as Powell told a series of half-truths, would not be repeated. Philip Giraldi, a former CIA officer, is executive director of the Council for the National Interest.
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    More detail about backing up previous reports that the information supplied in the White House "Government Assessment of the Syrian Government's Use of Chemical Weapons on August 21, 2013" cooking of intelligence to justify missile strikes on Syria. Note that the same day the Assessment was published by the White House Offiice of the Press Secretary, active duty intelligence officials passed a message to Obama through veteran intelligence officers that the intelligence in the report was unreliable and that there was strong evidence that it was the "rebels" rather than Syrian government that had used sarin gas. http://www.globalresearch.ca/u-s-military-and-intelligence-officials-to-obama-assad-not-responsible-for-chemical-attack/5348576 Next came a report three days later citing and quoting an anonymous former intelligence official who said the format used and its publication by the White House rather than by the Chief of Intelligence were both strong indications that the document was not the product of the intelligence community. http://www.ipsnews.net/2013/09/obamas-case-for-syria-didnt-reflect-intel-consensus/ Now we learn the reason the White House had to cook its own "public summary of intelligence,"  because many top intelligence threatened to resign if the cherry-picked version of events without reservations explaining the likelihood that it was the rebels who did it. So the Obama Administration, like the Bush II Administration, deliberately lied to the public in an attempt to stampede the nation into another foreign war in the Mideast. The only relevant difference is that Obama didn't get away with launching his own "shock and awe" campaign. Impeachable offense? Yes. Likely to happen? No. Too many hawks in Congress who want war against both Syria and Iran.
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

How the NSA's Surveillance Procedures Threaten Americans' Privacy | American Civil Libe... - 0 views

  • Newly released documents confirm what critics have long suspected—that the National Security Agency, a component of the Defense Department, is engaged in unconstitutional surveillance of Americans' communications, including their telephone calls and emails. The documents show that the NSA is conducting sweeping surveillance of Americans' international communications, that it is acquiring many purely domestic communications as well, and that the rules that supposedly protect Americans' privacy are weak and riddled with exceptions.
  • 3. The Procedures permit the government to conduct surveillance that has no real connection to the government's foreign intelligence interests. One of the fundamental problems with the Act is that it permits the government to conduct surveillance without probable cause or individualized suspicion. It permits the government to monitor people who aren't even thought to be doing anything wrong, and to do so without particularized warrants or meaningful review by impartial judges. Government officials have placed heavy emphasis on the fact that the Act allows the government to conduct surveillance only if one of its purposes is to gather "foreign intelligence information." That term, though, is defined very broadly to include not only information about terrorism but also information about intelligence activities, the national defense, and even "the foreign affairs of the United States." The Procedures weaken the limitation further. Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is whether it has been used in the past to communicate with foreigners. Another is whether it is listed in a foreigner's address book. In other words, the NSA seems to equate a propensity to communicate with foreigners with a propensity to communicate foreign intelligence information. The effect is to bring virtually every international communication within the reach of the NSA's surveillance.
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    "Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is *whether it has been used in the past to communicate with foreigners."* Let that sink into your mind, please. Have you ever communicated with a foreigner? Have any of your communications ever been routed through servers in a foreign country? (The way the Internet works, it is an everyday event for just about anyone.) Does that constitute communication with a foreigner?  One of the many giant loopholes in the NSA's leaked procedures document for "minimizing" the collection of data on U.S. citizens.  
Paul Merrell

Mastermind of The Bamako Terror Attack Mokhtar Belmokhtar: A CIA Sponsored "Intelligenc... - 0 views

  • In response to the tragic Paris events of November 13, Central Intelligence Agency director  John Brennan  warned that “ISIL is planning additional attacks… It is clear to me that ISIL has an external agenda, that they are determined to carry out these types of attacks.” (Quoted in Daily Telegraph, November 16, 2015) Five days later following the CIA Chief’s  premonition, the Bamako Radisson Hotel Blu in Mali’s capital was the object of a terrorist attack, resulting in  21 people dead. Following the attack and the taking of hostages by the terrorists, French and Malian special forces raided the hotel. US. Africa Command (AFRICOM) also confirmed that US special forces were involved.
  • The Bamako terror operation was allegedly coordinated by Mokhtar Belmokhtar (aka Khaled Abu al-Abbas), leader of an affiliate of Al Qaeda in the Islamic Maghreb (AQIM), the Islamist al-Mulathameen (Masked) Brigade, or “Those who Sign with Blood.” Belmokhtar’s group was created in 2012 in the wake of the war on Libya. His organization has also allegedly been involved in the drug trade, smuggling as well kidnapping operations of foreigners in North Africa.  While his whereabouts are said to be known, French intelligence has dubbed Belmokhtar “the uncatchable”. In June he was reported dead  as a result in a U.S. air strike in Libya. His death was subsequently denied. Based on shaky evidence, The New York Times report below (November 20) concludes that Belmokhtar’s group (together with AQIM) is unequivocally behind the Bamako attacks:
  • A member of Al Qaeda in Africa confirmed Saturday that the attack Friday on a hotel in Bamako, Mali, had been carried out by a jihadist group loyal to Mokhtar Belmokhtar, an Algerian operative for Al Qaeda. The Qaeda member, who spoke via an online chat, said that an audio message and a similar written statement in which the group claimed responsibility for the attack were authentic. The SITE Intelligence Group, which monitors jihadist groups, also confirmed the authenticity of the statement. The Qaeda member, who refused to be named for his protection, said that Mr. Belmokhtar’s men had collaborated with the Saharan Emirate of Al Qaeda in the Islamic Maghreb, … In the audio recording, the group, known as Al Mourabitoun, says it carried out the operation in conjunction with Al Qaeda’s branch in the Islamic Maghreb. The recording was released to the Al Jazeera network and simultaneously to Al Akhbar, … The recording states: “We, in the group of the Mourabitoun [Arabic Rebel Group], in cooperation with our brothers in Al Qaeda in Islamic Maghreb, the great desert area, claim responsibility for the hostage-taking operation in the Radisson hotel in Bamako.” (emphasis added)
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  • In turn, the French Minister of Defense acknowledged –prior to the conduct of a police investigation– that the authors of the attack were “most likely” led by Mokhtar Belmokhtar’s group in association with Al Qaeda in the Islamic Maghreb (AQIM). What Defense Minister Jean-Yves Le Drain failed to mention was that both Belmokhtar and AQIM have longstanding links to the CIA, which in turn has a working relationship with France’s  General Directorate for External Security, Direction générale de la sécurité extérieure (DGSE).  Casually ignored by the Western media, the leaders of Al Qaeda in the Islamic Maghreb (AQIM) including Belmokhtar were trained and recruited by the CIA in Afghanistan. Acknowledged by the Washington based Council on Foreign Relations (CFR): Most of AQIM’s major leaders are believed to have trained in Afghanistan during the 1979-1989 war against the Soviets as part of a group of North African volunteers known as “Afghan Arabs” that returned to the region and radicalized Islamist movements in the years that followed. The group is divided into “katibas” or brigades, which are clustered into different and often independent cells. The group’s top leader, or emir, since 2004 has been  Abdelmalek Droukdel, also known as Abou Mossab Abdelwadoud, a trained engineer and explosives expert who has fought in Afghanistan and has roots with the GIA in Algeria. (Council on Foreign Relations, Al Qaeda in the Islamic Maghreb, cfr.org, undated)
  • Mokhtar Belmokhtar: Post Cold War CIA intelligence asset?  The Council on Foreign Relations erroneously describes “Mokhtar Belmokhtar as the one-eyed veteran of the anti-Soviet Afghan insurgency.” (CFR, op cit, emphasis added). Belmokhtar (born in 1972) did not fight in the Soviet-Afghan war (1979-1989). He was recruited in 1991 at the age of 19 in the immediate wake of the Cold War. CIA recruitment continued in the wake of the Cold War. It was in large part directed against the Russian Federation and the former Soviet Republics as well as the Middle East. The purpose of this later CIA recruitment was to establish a network of “intelligence assets” to be used in the CIA’s post-cold war insurgencies. Leaders of the Chechen Islamist insurgencies were also trained in CIA camps in Afghanistan and Pakistan, including the notorious leader of the Chechen insurrection Ibn al-Khattab (a citizen of Saudi Arabia).
  • Following his training and recruitment and a two year stint in Afghanistan (1991-1993), Mokhtar Belmokhtar was sent back to Algeria in 1993 at age 21 where he joined the  Salafist Group for Preaching and Combat (GSPC) (emblem left). The latter was initially part of the so-called Armed Islamic Group  (Groupe islamique armé (GIA)) in Algeria which sought to overthrow the secular Algerian Government with a view to installing a theocratic Islamic State. Supported covertly by the CIA, Belmokhtar fought in Southern Algeria in the civil war opposing Islamist forces and the secular government. He was also  instrumental in the integration and merging of “jihadist” forces. In January 2007,  the Armed islamic Group (GIA) which had been prominent in the 1990s, officially changed its name to the Al-Qaeda Organization in the Islamic Maghreb (AQIM). In turn, as of 2007, the newly formed AQIM established a close relationship with the Libya Islamic Fighting Group (LIFG), which was directly supported by NATO during the 2011 war on Libya, “providing weapons, training, special forces and even aircraft to support them in the overthrow of Libya’s government.” (Tony Cartalucci, The Geopolitical Reordering of Africa: US Covert Support to Al Qaeda in Northern Mali, France “Comes to the Rescue”, Global Research, January 2013). British SAS Special Forces had also been brought into Libya prior to the onset of the insurrection, acting as military advisers to the LIFG. In fact, what has unfolded since the war on Libya is the merging of LIFG and AQIM forces. In turn, many of the LIFG operatives have been dispatched to Syria to fight within the ranks of Al Nusrah and the ISIS.
  • It is worth noting that the 2007  restructuring  of jihadist forces in Algeria and the Maghreb coincided with  the appointment of Robert Stephen Ford as US ambassador to Algeria in August 2006. Ford had been reassigned by the State Department from Baghdad to Algiers. From 2004 to 2006, he worked closely with Ambassador John Negroponte at the US embassy in Baghdad in supporting the creation of  both Shia and Sunni death squads in Iraq. This project consisted in recruiting and training terrorists modelled on the so-called “Salvador Option” which had been applied by the CIA in Central America. Negroponte as we recall played a central role in supporting the Contras terrorists in Nicaragua as ambassador to Honduras from 1981-1985. For further details see Michel Chossudovsky, “The Salvador Option For Syria”: US-NATO Sponsored Death Squads Integrate “Opposition Forces”, Global Research,  May 28, 2012) The 2006 appointment of Robert Stephen Ford to head the US Embassy in Algeria was timely. It coincided with the consolidation of jihadist groups within Algeria and the Maghreb. It preceded the 2011 US-NATO sponsored insurrections in Libya and Syria. In 2010, Ford was approved by the US Congress as US Ambassador to Syria. He presented his credentials to president Bashar al Assad in January 2011, barely two months prior to the onslaught of the terrorist insurrection in the border city of Daraa in mid-March 2011. Ford played a central role in assisting the channelling of US and allied support to Syrian “opposition” groups including Al Nusrah and the ISIS.
  • Belmokhtar’s history and involvement in Afghanistan confirms that from the very outset he was an instrument of US intelligence. While, he operates with a certain degree of independence and autonomy in relation to his intelligence sponsors, he and his organization are bona fide CIA “intelligence assets”, which can be used by the CIA as part of a covert agenda. There are various definitions of  an “intelligence asset”. From the standpoint of US intelligence, “assets” linked up to terrorist organizations must not be aware that they are supported and monitored by Western intelligence. With regard to Al Qaeda, from the outset in 1979, the CIA chose to operate through various front organizations as well as indirectly through its Saudi, Qatari and Pakistani intelligence partners. CIA’s Milton Beardman who played a central role in the Soviet Afghan war confirms that members of Al Qaeda including Osama bin Laden were not aware of the role they were playing on behalf of Washington. In the words of bin Laden (quoted by Beardman): “neither I, nor my brothers saw evidence of American help”(Michel Chossudovsky, Who is Osama bin Laden, Global Research, September 12, 2001): Motivated by nationalism and religious fervor, the Islamic warriors were unaware that they were fighting the Soviet Army on behalf of Uncle Sam. While there were contacts at the upper levels of the intelligence hierarchy, Islamic rebel leaders in theatre had no contacts with Washington or the CIA.  (Ibid) Amply documented, Al Qaeda in the Islamic Maghreb (AQIM)and its affiliated groups including the Libya Islamic Fighting Group (LIFG) was serving the interests of the Western military alliance. Confirmed by the Washington Post, June 29, 2011 (See below), France was supplying weapons to the LIFG at the height of NATO’s bombing raids.
  • AQIM in turn was receiving weapons from the LIFG, which was supported by NATO. Moreover, LIFG mercenaries had integrated AQIM brigades. According to alleged Terror Mastermind Mokhtar Belmokhtar, who also coordinated the 2013 In Amenas Mali kidnapping operation: “We have been one of the main beneficiaries of the revolutions in the Arab world. As for our benefiting from the (Libyan) weapons, this is a natural thing in these kinds of circumstances.” http://www.hanford.gov/c.cfm/oci/ci_terrorist.cfm?dossier=174 Al Qaeda in the Islamic Maghreb (AQIM) is indelibly tied into a Western intelligence agenda. While it is described  as  ”one of the region’s wealthiest, best-armed militant groups”, financed covertly by Saudi Arabia and Qatar. France’s  Canard enchaîné revealed (June 2012) that Qatar (a staunch ally of the United States) has been funding various terrorist entities in Mali: The original report cites a French military intelligence report as indicating that Qatar has provided financial support to all three of the main armed groups in northern Mali: Iyad Ag Ghali’s Ansar Ed-Dine, al-Qa’ida in the Islamic Maghreb (AQIM) and the Movement for Unity and Jihad in West Africa (MUJWA). The amount of funding given to each of the groups is not mentioned but it mentions that repeated reports from the French DGSE to the Defense Ministry have mentioned Qatar’s support for ‘terrorism’ in northern Mali. (quoted by Jeune Afrique June 2012)
  • Qatar is a proxy state, a de facto Persian Gulf territory largely controlled by Washington. It hosts  a number of Western military and intelligence facilities. The Emir of Qatar does not finance terrorism without the consent of the CIA. And with regard to Mali, the CIA coordinates its activities in liaison with its French intelligence partners and counterparts, including la Direction du renseignement militaire (DRM) and the Direction générale de la sécurité extérieure (DGSE). The implications are obvious and should be carefully understood by Western public opinion. Inasmuch as Belmokhtar and AQIM are “intelligence assets”, both US and French intelligence are (indirectly) behind the Bamako attacks. Both US and French intelligence are complicit in the State sponsorship of terrorism.
Paul Merrell

NSA giving 'a lot of thought' to privacy rights of overseas citizens - top lawyer | Wor... - 0 views

  • The top lawyer for the US intelligence community and the National Security Agency said on Wednesday that the spy agencies are giving new consideration to the privacy rights of non-Americans in the wake of a diplomatic row over the surveillance of foreign leaders. Speaking at a conference on national security law sponsored by the American Bar Association on Thursday, the general counsel for the office of the director of national intelligence, Robert Litt, said intelligence chiefs were giving "a lot of thought" to the issue. His comments came a day after General Keith Alexander, the NSA director, stated that the spy agency is open to scaling back some of its operations on foreign leaders, following an unfolding diplomatic crisis sparked by revelations that the NSA spied on German chancellor Angela Merkel. 
  • US law provides greater legal protection to those defined as "US persons", which includes American citizens and foreigners living in the US. "On the issue of US person versus non-US person, that’s an issue we’re giving a lot of thought to now,” said Litt. “It’s not surprising that the law gives more protections to US citizens or persons who are in this country,” Litt added. “That doesn’t mean that we have no protection for non-US persons, and the principal protection we have is the requirement that the collection, retention and dissemination of information has to be for a valid foreign intelligence purpose.” Litt said the intelligence agencies were “giving some thought to whether there are ways that we can both introduce a little more rigor into that requirement and perhaps a little more transparency into how we enforce that requirement.” Litt and NSA general counsel Rajesh De would not answer a question from the Guardian about the legal basis for a different, unfolding NSA controversy: the new allegation that the NSA intercepts data transiting between the foreign data centers of Google and Yahoo, two longtime NSA partners, published in the Washington Post.
  • But De took issue with a suggestion that the Post story prompted that the NSA interception would at times rely on a seminal executive order that defines basic powers and operations of the intelligence agencies, known as Executive Order 12333, rather than the relatively restrictive Foreign Intelligence Surveillance Act, or Fisa. “The implication, the insinuation, the suggestion or the outright statement that an agency like NSA would use authority under Executive Order 12333 to evade, skirt or go around Fisa is simply inaccurate,” De said. On Tuesday, the director of national intelligence, James Clapper, testified to the House intelligence panel that they considered US corporations to be “US persons,” meaning their communications and associated data enjoyed legal privileges associated with citizenship. But neither Litt nor De would explain whether that category protected communications data transiting between the data centers of US companies.
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  • Both Litt and De spoke hours before the Senate intelligence committee was due to begin a second day of considering chairwoman Dianne Feinstein’s proposal to increase transparency around the NSA’s surveillance activities. A Tuesday afternoon markup session of the bill – whose text is not yet public – went uncompleted. Feinstein, previously an unequivocal supporter of the NSA, unexpectedly criticized the agency’s surveillance on foreign leaders, a relatively traditional surveillance function. Feinstein on Monday declared herself “totally opposed” to the collection and suggested her oversight committee was not “fully informed” of the practice. A similar rift has emerged between NSA and the White House over how much President Obama knew about the spying, which US officials have said does not currently take place and will not resume. Litt appeared to concede that Obama himself may not have known about spying on Merkel, but contended that the White House and Senate intelligence committee had all the information necessary to understand it was taking place.
  • “I completely disagree with the proposition that the fact that the president and the chairman of the Senate intelligence committee didn’t know every single one of these selectors the NSA was tasking means there is ineffective oversight,” Litt said. “What the president knew and what the Senate intelligence committee knows: they know what our intelligence priorities are. Those are set annually through the interagency process. That says, here’s the kind of information we need to collect. And that gets sent out to the intelligence community and then the intelligence community, through a process that works down through the ranks, figures out what’s the best way to select that. “It’s very easy in hindsight to say, well, this particular selector was sensitive and so the president should have been told that,” Litt continued. “That’s always true in hindsight. Virtually everything we do, if it comes out, is going to be embarrassing.”
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    So if they're not relying on either FISA or EO 12333, are they simply ignoring any legal restraints on the Agency? It's interesting that the NSA house of cards only crumbled with the announcement of spying on 35 foreign national leaders. Personally, I'd vote for putting the leader of every nation in a glass house, butt naked, and able to communicate with others only through a loudspeaker/broadcast system audible to everyone in the world. Secrecy in government is the problem, not a solution. 
Paul Merrell

NSA surveillance may be legal - but it's unconstitutional - The Washington Post - 0 views

  • Laura K. Donohue is a professor at Georgetown University Law Center and director of Georgetown’s Center on National Security and the Law. The National Security Agency’s recently revealed surveillance programs undermine the purpose of the Foreign Intelligence Surveillance Act, which was established to prevent this kind of overreach. They violate the Fourth Amendment’s guarantee against unreasonable search and seizure. And they underscore the dangers of growing executive power.
  • Another program, PRISM, disclosed by the Guardian and The Washington Post, allows the NSA and the FBI to obtain online data including e-mails, photographs, documents and connection logs. The information that can be assembledabout any one person — much less organizations, social networks and entire communities — is staggering: What we do, think and believe.The government defends the programs’ legality, saying they comply with FISA and its amendments. It may be right, but only because FISA has ceased to provide a meaningful constraint.Under the traditional FISA, if the government wants to conduct electronic surveillance, it must make a classified application to a special court, identitying or describing the target. It must demonstrate probable cause that the target is a foreign power or an agent thereof, and that the facilities to be monitored will be used by the target.In 2008, Congress added section 702 to the statute, allowing the government to use electronic surveillance to collect foreign intelligence on non-U.S. persons it reasonably believes are abroad, without a court order for each target. A U.S. citizen may not intentionally be targeted.To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.
  • Another program, PRISM, disclosed by the Guardian and The Washington Post, allows the NSA and the FBI to obtain online data including e-mails, photographs, documents and connection logs. The information that can be assembledabout any one person — much less organizations, social networks and entire communities — is staggering: What we do, think and believe.The government defends the programs’ legality, saying they comply with FISA and its amendments. It may be right, but only because FISA has ceased to provide a meaningful constraint.
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  • Under the traditional FISA, if the government wants to conduct electronic surveillance, it must make a classified application to a special court, identitying or describing the target. It must demonstrate probable cause that the target is a foreign power or an agent thereof, and that the facilities to be monitored will be used by the target.In 2008, Congress added section 702 to the statute, allowing the government to use electronic surveillance to collect foreign intelligence on non-U.S. persons it reasonably believes are abroad, without a court order for each target. A U.S. citizen may not intentionally be targeted.To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.
  • The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.This means that FISA can now be used to gather records concerning individuals who are neither the target of any investigation nor an agent of a foreign power. Entire databases — such as telephony metadata — can be obtained, as long as an authorized investigation exists.Congress didn’t pass Section 215 to allow for the wholesale collection of information. As Rep. F. James Sensenbrenner Jr. (R-Wis.), who helped draft the statute, wrote in the Guardian: “Congress intended to allow the intelligence communities to access targeted information for specific investigations. How can every call that every American makes or receives be relevant to a specific investigation?”As a constitutional matter, the Supreme Court has long held that, where an individual has a reasonable expectation of privacy, search and seizure may occur only once the government has obtained a warrant, supported by probable cause and issued by a judge. The warrant must specify the places to be searched and items to be seized.
  • There are exceptions to the warrant requirement. In 1979 the court held that the use of a pen register to record numbers dialed from someone’s home was not a search. The court suggested that people who disclose their communications to others assume the risk that law enforcement may obtain the information.More than three decades later, digitization and the explosion of social-network technology have changed the calculus. In the ordinary course of life, third parties obtain massive amounts of information about us that, when analyzed, have much deeper implications for our privacy than before.As for Section 702 of FISA, the Supreme Court has held that the Fourth Amendment does not protect foreigners from searches conducted abroad. But it has never recognized a foreign intelligence exception to the warrant requirement when foreign-targeted searches result in the collection of vast stores of citizens’ communications.Americans reasonably expect that their movements, communications and decisions will not be recorded and analyzed by the government. A majority of the Supreme Court seems to agree. Last year, the court considered a case involving 28-day GPS surveillance. Justice Samuel Alito suggested that in most criminal investigations, long-term monitoring “impinges on expectations of privacy.” Justice Sonia Sotomayor recognized that following a person’s movements “reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”The FISC is supposed to operate as a check. But it is a secret court, notorious for its low rate of denial. From 1979 to 2002, it did not reject a single application. Over the past five years, out of nearly 8,600 applications, only two have been denied.
Paul Merrell

NSA shares raw intelligence including Americans' data with Israel | World news | The Gu... - 0 views

  • The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process "minimization", but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.
  • The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies "pertaining to the protection of US persons", repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.But this is undermined by the disclosure that Israel is allowed to receive "raw Sigint" – signal intelligence. The memorandum says: "Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content."According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. "NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection", it says.
  • In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy."Any US person information that is acquired as a result of NSA's surveillance activities is handled under procedures that are designed to protect privacy rights," the spokesperson said.The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.
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  • While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel."Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge," states the report, titled 'History of the US – Israel Sigint Relationship, Post-1992'. "In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA's only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner."
  • In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. "On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems," the official says. "A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US."Later in the document, the official is quoted as saying: "One of NSA's biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended."
  • The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.In its statement, the NSA said: "We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations."NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information."
Paul Merrell

AP sources: Intelligence on weapons no 'slam dunk' - 0 views

  • The intelligence linking Syrian President Bashar Assad or his inner circle to an alleged chemical weapons attack is no "slam dunk," with questions remaining about who actually controls some of Syria's chemical weapons stores and doubts about whether Assad himself ordered the strike, U.S. intelligence officials say. President Barack Obama declared unequivocally Wednesday that the Syrian government was responsible, while laying the groundwork for an expected U.S. military strike. "We have concluded that the Syrian government in fact carried these out," Obama said in an interview with "NewsHour" on PBS. "And if that's so, then there need to be international consequences." However, multiple U.S. officials used the phrase "not a slam dunk" to describe the intelligence picture — a reference to then-CIA Director George Tenet's insistence in 2002 that U.S. intelligence showing Iraq had weapons of mass destruction was a "slam dunk" — intelligence that turned out to be wrong.
  • A report by the Office of the Director for National Intelligence outlining that evidence against Syria includes a few key caveats — including acknowledging that the U.S. intelligence community no longer has the certainty it did six months ago of where the regime's chemical weapons are stored, nor does it have proof Assad ordered chemical weapons use, according to two intelligence officials and two more U.S. officials. The humanitarian group Doctors Without Borders has said an Aug. 21 rocket strike killed 355 people. A three-page report released Thursday by the British government said there was "a limited but growing body of intelligence" blaming the Syrian government for the attacks. And though the British were not sure why Assad would have carried out such an attack, the report said there was "no credible intelligence" that the rebels had obtained or used chemical weapons. Quizzed by lawmakers in Britain's House of Commons, Prime Minister David Cameron gave various descriptions for his level of certainty to Assad's responsibility, ranging from "beyond doubt" to being "as certain as possible."
  • Administration officials said Wednesday that neither the U.N. Security Council, which is deciding whether to weigh in, nor allies' concerns would affect their plans. But the complicated intelligence picture raises questions about the White House's full-steam-ahead approach to the Aug. 21 attack on a rebel-held Damascus suburb, with worries that the attack could be tied to al-Qaida-backed rebels later. Intelligence officials say they could not pinpoint the exact locations of Assad's supplies of chemical weapons, and Assad could have moved them in recent days as the U.S. rhetoric increased. But that lack of certainty means a possible series of U.S. cruise missile strikes aimed at crippling Assad's military infrastructure could hit newly hidden supplies of chemical weapons, accidentally triggering a deadly chemical attack.
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  • Like the British report, the yet-to-be-released U.S. report assesses with "high confidence" that the Syrian government was responsible for the attacks that hit suburbs east and west of Damascus, filled with a chemical weapon, according to a senior U.S. official who read the report. The official conceded there are caveats in the report and there is no proof saying Assad personally ordered the attack. There was no mention in the report of the possibility that a rogue element inside Assad's government or military could have been responsible, the senior official said.
  • Over the past six months, with shifting front lines in the 2½-year-old civil war and sketchy satellite and human intelligence coming out of Syria, U.S. and allied spies have lost track of who controls some of the country's chemical weapons supplies, according to the two intelligence officials and two other U.S. officials. U.S. satellites have captured images of Syrian troops moving trucks into weapons storage areas and removing materials, but U.S. analysts have not been able to track what was moved or, in some cases, where it was relocated. They are also not certain that when they saw what looked like Assad's forces moving chemical supplies, those forces were able to remove everything before rebels took over an area where weapons had been stored. In addition, an intercept of Syrian military officials discussing the strike was among low-level staff, with no direct evidence tying the attack back to an Assad insider or even a senior Syrian commander, the officials said.
  • So while Secretary of State John Kerry said Monday that it was "undeniable," a chemical weapons attack had occurred, and that it was carried out by the Syrian military, U.S. intelligence officials are not so certain that the suspected chemical attack was carried out on Assad's orders. Some have even talked about the possibility that rebels could have carried out the attack in a callous and calculated attempt to draw the West into the war. That suspicion was not included in the official intelligence report, according to the official who described the report. Ideally, the White House would prefer more clarity on all those points in the intelligence provided to it. The U.S. has devoted only a few hundred operatives, between intelligence officers and soldiers, to the Syrian mission, with CIA and Pentagon resources already stretched by the counterterrorism missions in Africa and the Arabian Peninsula, as well as the continuing missions in Afghanistan and Pakistan, officials said. The quest for added intelligence to bolster the White House's case for a strike against Assad's military infrastructure was the issue that delayed the release of the U.S. intelligence community's report, which had been expected Tuesday.
  • The uncertainty calls into question the statements by Kerry and Vice President Joe Biden. "We know that the Syrian regime maintains custody of these chemical weapons," Kerry said. "We know that the Syrian regime has the capacity to do this with rockets. We know that the regime has been determined to clear the opposition from those very places where the attacks took place." The CIA, the Pentagon and the Office of the Director of National Intelligence declined to comment, and the White House did not respond to requests for comment.
Paul Merrell

Pentagon report: scope of intelligence compromised by Snowden 'staggering' | World news... - 0 views

  • • Classified assessment describes impact of leaks as 'grave' • Report does not include specific detail to support conclusions• 12 of 39 heavily redacted pages released after Foia request• Read the full Defense Intelligence Agency report
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”.The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.”But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower.The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk.
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  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian.Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows.
  • The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m. Nor does the declassified portion of the report identify Snowden by name.“[Redacted] a former NSA contractor compromised [redacted] from NSA Net and the Joint Worldwide Intelligence Communications System (JWICS),” the report says. “On 6 June 2013, media groups published the first stories based on this material, and on 9 June 2013 they identified the source as an NSA contractor who had worked in Hawaii.”JWICS is identified as a “24 hour a day network designed to meet the requirements for secure [top-secret/sensitive compartmented information] multi-media intelligence communications worldwide. The Defense Intelligence Agency (DIA) has directed that all Special Security Offices (SSOs) will install the JWICS.”The Washington Post, quoting anonymous sources, reported last October that Snowden “lifted the documents from a top-secret network run by the Defense Intelligence Agency and used by intelligence arms of the Army, Air Force, Navy and Marines.” The Post further claimed that Snowden “took 30,000 documents that involve the intelligence work of one of the services” and that he gained access to the documents through JWICS.
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”. The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.” But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.
  • Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year. Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, questioned the decision to withhold specific details. "The essence of the report is contained in the statement that 'the scope of the compromised knowledge related to US intelligence capabilities is staggering'. But all elaboration of what this striking statement means has been withheld," he said. The assessment excluded NSA-related information and dealt exclusively with non-NSA defense materials. The report was distributed to multiple US military commands around the world and all four military branches.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower. The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk. In January, Rogers asserted that the report concluded that most of the documents Snowden took "concern vital operations of the US Army, Navy, Marine Corps and Air Force". "This report confirms my greatest fears — Snowden’s real acts of betrayal place America’s military men and women at greater risk. Snowden’s actions are likely to have lethal consequences for our troops in the field," Rogers said in a statement at the time.
  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian. Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows. The declassified portion of the report obtained by the Guardian says only that DIA “assesses with high confidence that the information compromise by a former NSA contractor [redacted] and will have a GRAVE impact on US national defense”. The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m.
  • No evidence has surfaced to support persistent claims from pundits and lawmakers that Snowden has provided any of the NSA documents he obtained to a “foreign adversary”. Ben Wizner, Snowden’s attorney at the American Civil Liberties Union, said: "This report, which makes unsubstantiated claims about alleged harm to national security, is from December of 2013. Just this month, Keith Alexander admitted in an interview that he doesn’t 'think anybody really knows what he [Snowden] actually took with him, because the way he did it, we don’t have an accurate way of counting'. In other words, the government’s so-called damage assessment is based entirely on guesses, not on facts or evidence."
  • Steven Aftergood, of the Federation of American Scientists, pointed out that the report's finding that the Snowden leaks had a "grave" impact did not follow any of the levels defined in the annex. "That is a bit odd," he said, adding: "Within this hierarchy, it is not clear where 'grave impact' would fall."
Paul Merrell

Secret documents shine light on GCSB spying in Bangladesh - National - NZ Herald News - 0 views

  • Secret documents reveal New Zealand has shared intelligence collected through covert surveillance with Bangladesh despite that country's security forces being implicated in extrajudicial killings, torture and other human rights abuses. The documents shine light on the major role played by the Government Communications Security Bureau (GCSB) in electronic spying operations conducted in the small South Asian nation. The surveillance has been used to aid the United States as part of its global counter-terrorism campaign, launched after the September 11 attacks in 2001. The New Zealand Herald analysed the documents in collaboration with US news website The Intercept, which obtained them from the NSA whistle-blower Edward Snowden.
  • The Bangladesh spying is revealed in an April 2013 US National Security Agency (NSA) report about its relationship with New Zealand. In a section called "What Partner Provides to NSA", it says "GCSB has been the lead for the intelligence community on the Bangladesh CT [Counter-Terrorism] target since 2004." The GCSB provides "one of the key SIGINT [signals intelligence] sources of [Bangladesh counter-terrorism] reporting to the US intelligence community."
  • The intelligence gathered by the GCSB staff was also being forwarded to foreign intelligence agencies, including Bangladesh's state intelligence agency. In recent years, human rights groups have issued several reports documenting Bangladeshi intelligence and security agencies' disregard for international prohibitions on torture and alleged involvement in politically motivated killings. In 2014, a case was filed in the International Criminal Court accusing the Bangladesh Government of committing crimes against humanity. The GCSB's surveillance operations in Bangladesh are among the most surprising and obscure yet revealed. Bangladesh barely registers in New Zealand foreign policy. The Ministry of Foreign Affairs and Trade website says: "Relations between New Zealand and Bangladesh remain friendly, although interaction is limited." Nonetheless, a New Zealand government source told the Herald that Bangladesh is the main focus of one of the GCSB's four analysis sections, called ICT, and has been for over a decade. ICT, the Transnational Issues section, was set up in April 2002 in the wake of the September 11 attacks to focus on terrorism threats.
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  • The 2009 document reveals that there is a special collection site in the Bangladesh capital, Dhaka, for eavesdropping on local communications. New Zealand does not have a high commission or any other official building in Bangladesh in which to hide a covert listening post. The Snowden documents suggest the Dhaka unit may be located inside a US-controlled building with operations overseen by the NSA and the Central Intelligence Agency (CIA).
  • Green Party co-leader Russel Norman said the spy agency was "dragging" New Zealand into human rights abuses, and the Government should stop providing intelligence assistance to Bangladesh. "All three key anti-terrorism government agencies in Bangladesh have been implicated in horrendous human rights abuses, so it is impossible to guarantee that the information passed on did not lead to innocent people being killed or tortured," Dr Norman said. "John Key has always justified the GCSB on the basis that it is there to protect the good guys, but these documents reveal that it is helping the bad guys.
  • The intelligence gathered by the GCSB staff was being forwarded to foreign intelligence agencies. The April 2013 NSA report said the "GCSB's Bangladesh CT [counter terrorism] reporting provided unique intelligence leads that have enabled successful CT operations by Bangladesh State Intelligence Service, CIA and India over the past year". The specific Bangladesh "State Intelligence Service" referred to is not named in the document. Bangladesh has several agencies that focus on gathering intelligence, primarily including the Directorate General of Forces Intelligence (DGFI), the National Security Intelligence agency (NSI), and the police Special Branch. The lead agency that executes the country's counter-terrorism operations is the Rapid Action Battalion, or RAB. Each of these agencies has been accused of involvement in severe human rights abuses over a sustained number of years. In 2008, for instance, Human Rights Watch alleged that the Special Branch headquarters in Dhaka's Maghbazar neighbourhood was used to torture detainees.
  • In 2010, a trade union activist accused the NSI of arresting, torturing, and threatening to kill him. The same activist was found dead in unexplained circumstances two years later, his toes and feet broken, legs and body battered and bruised, and his legs apparently pierced with a sharp object. Bangladesh's intelligence agencies and main police and security forces co-operate closely. Most notably, they work together as part of a notorious centre called the Taskforce for Interrogation Cell, located inside a compound in northern Dhaka that is controlled by the RAB unit. In 2011, Britain's Guardian newspaper reported the interrogation cell was used as a place to extract information and confessions from "enemies of the state". It was described as a "torture centre" used for "deliberate and systematic" mistreatment of detainees. One British man detained there in 2009 on terrorism-related charges was allegedly hooded and strapped to a chair while a drill was driven into his right shoulder and hip.
  • Other torture methods used by Bangladeshi authorities, according to Human Rights Watch, have included "burning with acid, hammering of nails into toes ... electric shocks, beatings on legs with iron rods, beating with batons on backs after sprinkling sand on them, ice torture, finger piercing, and mock executions". In February last year, the US Government suspended its own support for the RAB, citing "gross violation of human rights" committed by the force's members. The same month, a case against the Bangladesh Government was lodged in the International Criminal Court, accusing the country's officials of waging a brutal campaign of "widespread or systematic" torture, killings, and other human rights abuses that amounted to crimes against humanity.
Paul Merrell

Court gave NSA broad leeway in surveillance, documents show - The Washington Post - 0 views

  • Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.
  • The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.
  • On Friday, the Office of the Director of National Intelligence released a transparency report stating that in 2013 the government targeted nearly 90,000 foreign individuals or organizations for foreign surveillance under the program. Some tech-industry lawyers say the number is relatively low, considering that several billion people use U.S. e-mail services.
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  • That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules
  • Still, some lawmakers are concerned that the potential for intrusions on Americans’ privacy has grown under the 2008 law because the government is intercepting not just communications of its targets but communications about its targets as well. The expansiveness of the foreign-powers certification increases that concern.
  • In a 2011 FISA court opinion, a judge using an NSA-provided sample estimated that the agency could be collecting as many as 46,000 wholly domestic e-mails a year that mentioned a particular target’s e-mail address or phone number, in what is referred to as “about” collection. “When Congress passed Section 702 back in 2008, most members of Congress had no idea that the government was collecting Americans’ communications simply because they contained a particular individual’s contact information,” Sen. Ron Wyden (D-Ore.), who has co-sponsored ­legislation to narrow “about” collection authority, said in an e-mail to The Washington Post. “If ‘about the target’ collection were limited to genuine national security threats, there would be very little privacy impact. In fact, this collection is much broader than that, and it is scooping up huge amounts of Americans’ wholly domestic communications.”
  • The only reason the court has oversight of the NSA program is that Congress in 2008 gave the government a new authority to gather intelligence from U.S. companies that own the Internet cables running through the United States, former officials noted. Edgar, the former privacy officer at the Office of the Director of National Intelligence, said ultimately he believes the authority should be narrowed. “There are valid privacy concerns with leaving these collection decisions entirely in the executive branch,” he said. “There shouldn’t be broad collection, using this authority, of foreign government information without any meaningful judicial role that defines the limits of what can be collected.”
Paul Merrell

Ex-IAEA Chief Warns on Using Unverified Intel to Pressure Iran « LobeLog - 0 views

  • In a critique of the handling of the Iran file by the International Atomic Energy Agency, former IAEA Director General Han Blix has called for greater skepticism about the intelligence documents and reports alleging Iranian nuclear weapons work and warned that they may be used to put diplomatic pressure on Tehran. In an interview with this writer in his Stockholm apartment late last month, Blix, who headed the IAEA from 1981 to 1997, also criticized the language repeated by the IAEA under its current director general, Yukiya Amano, suggesting that Iran is still under suspicion of undeclared nuclear activity. Blix, who clashed with US officials when he was head of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) on weapons of mass destruction in Iraq from 2000 to 2003, said he has long been skeptical of intelligence that has been used to accuse Iraq and Iran of having active nuclear-weapons programs. “I’ve often said you have as much disinformation as information” on alleged weaponization efforts in those countries, Blix said.
  • Referring to the allegations of past Iranian nuclear weapons research that have been published in IAEA reports, Blix said, “Something that worries me is that these accusations that come from foreign intelligence agencies can be utilized by states to keep Iran under suspicion.” Such allegations, according to Blix, “can be employed as a tactic to keep the state in a suspect light—to keep Iran on the run.” The IAEA, he said, “should be cautious and not allow itself to be drawn into such a tactic.” Blix warned that compromising the independence of the IAEA by pushing it to embrace unverified intelligence was not in the true interests of those providing the intelligence. The IAEA Member States providing the intelligence papers to the IAEA “have a long-term interest in an international service that seeks to be independent,” said Blix. “In the Security Council they can pursue their own interest, but the [IAEA] dossier has to be as objective as possible.”
  • In 2005, the George W. Bush administration gave the IAEA a large cache of documents purporting to derive from a covert Iranian nuclear weapons research and development program from 2001 to 2003. Israel provided a series of documents and intelligence reports on alleged Iranian nuclear weapons work in 2008 and 2009. Blix’s successor as IAEA director general, Mohamed ElBaradei, recalled in his 2011 memoirs having doubts about the authenticity of both sets of intelligence documents. ElBaradei resisted pressure from the United States and its European allies in 2009 to publish an “annex” to a regular IAEA report based on those unverified documents. But Amano agreed to do so, and the annex on “possible military dimensions” of the Iranian nuclear program was published in November 2011. During the current negotiations with Iran, the P5+1 (US, UK, Russia, China, France plus Germany) has taken the position that Iran must explain the intelligence documents and reports described in the annex.
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  • The provenance of the largest part of the intelligence documents—the so-called “laptop documents”—was an unresolved question for years after they were first reported in 2004 and 2005. But former senior German foreign office official Karsten Voigt confirmed in 2013 that the Iranian exile opposition group, the Mujahedeen E-Khalq (MEK), gave the original set of documents to the German intelligence service (BND) in 2004. The MEK has been reported by Seymour Hersh, Connie Bruck, and a popular history of the Mossad’s covert operations to have been a client of Israel’s foreign intelligence agency, the Mossad, serving to “launder” intelligence that Mossad did not want to have attributed to Israel. Blix has been joined by two other former senior IAEA officials in criticizing the agency for its uncritical presentation of the intelligence documents cited in the November 2011 annex. Robert Kelley, the head of the Iraq team under both Blix and ElBaradei, and Tariq Rauf, the former head of the Agency’s Verification and Security Policy Coordination Office, have written that the annex employed “exaggeration, innuendo and careful choice of words” in presenting intelligence information from an unidentified Member State of the IAEA on the alleged cylinder at the Parchin military facility.
  • Blix said he is “critical” of the IAEA for the boilerplate language used in its reports on Iran that the Agency is “not in a position to provide credible assurances about the absence of undeclared nuclear material and activities….” Blix added that it is “erroneous” to suggest that the IAEA would be able to provide such assurances if Iran or any other state were more cooperative. As head of UNMOVIC, Blix recalled, “I was always clear that there could always be small things in a big geographical area that can be hidden, and you can never guarantee completely that there are no undeclared activities.” “In Iraq we didn’t maintain there was nothing,” he said. “We said we had made 700 inspections at 500 sites and we had not seen anything.” Blix emphasized that he was not questioning the importance of maximizing inspections, or of Iran’s ratification of the Additional Protocol. “I think the more inspections you can perform the smaller the residue of uncertainty,” he said.
  • n a critique of the handling of the Iran file by the International Atomic Energy Agency, former IAEA Director General Han Blix has called for greater skepticism about the intelligence documents and reports alleging Iranian nuclear weapons work and warned that they may be used to put diplomatic pressure on Tehran. In an interview with this writer in his Stockholm apartment late last month, Blix, who headed the IAEA from 1981 to 1997, also criticized the language repeated by the IAEA under its current director general, Yukiya Amano, suggesting that Iran is still under suspicion of undeclared nuclear activity. Blix, who clashed with US officials when he was head of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) on weapons of mass destruction in Iraq from 2000 to 2003, said he has long been skeptical of intelligence that has been used to accuse Iraq and Iran of having active nuclear-weapons programs. “I’ve often said you have as much disinformation as information” on alleged weaponization efforts in those countries, Blix said.
Paul Merrell

Trump's 'Wag the Dog' Moment - Consortiumnews - 0 views

  • Just two days after news broke of an alleged poison-gas attack in northern Syria, President Trump brushed aside advice from some U.S. intelligence analysts doubting the Syrian regime’s guilt and launched a lethal retaliatory missile strike against a Syrian airfield.
  • Trump immediately won plaudits from Official Washington, especially from neoconservatives who have been trying to wrestle control of his foreign policy away from his nationalist and personal advisers since the days after his surprise victory on Nov. 8. There is also an internal dispute over the intelligence. On Thursday night, Secretary of State Rex Tillerson said the U.S. intelligence community assessed with a “high degree of confidence” that the Syrian government had dropped a poison gas bomb on civilians in Idlib province. But a number of intelligence sources have made contradictory assessments, saying the preponderance of evidence suggests that Al Qaeda-affiliated rebels were at fault, either by orchestrating an intentional release of a chemical agent as a provocation or by possessing containers of poison gas that ruptured during a conventional bombing raid. One intelligence source told me that the most likely scenario was a staged event by the rebels intended to force Trump to reverse a policy, announced only days earlier, that the U.S. government would no longer seek “regime change” in Syria and would focus on attacking the common enemy, Islamic terror groups that represent the core of the rebel forces.
  • The source said the Trump national security team split between the President’s close personal advisers, such as nationalist firebrand Steve Bannon and son-in-law Jared Kushner, on one side and old-line neocons who have regrouped under National Security Adviser H.R. McMaster, an Army general who was a protégé of neocon favorite Gen. David Petraeus. White House Infighting In this telling, the earlier ouster of retired Gen. Michael Flynn as national security adviser and this week’s removal of Bannon from the National Security Council were key steps in the reassertion of neocon influence inside the Trump presidency. The strange personalities and ideological extremism of Flynn and Bannon made their ousters easier, but they were obstacles that the neocons wanted removed. Though Bannon and Kushner are often presented as rivals, the source said, they shared the belief that Trump should tell the truth about Syria, revealing the Obama administration’s CIA analysis that a fatal sarin gas attack in 2013 was a “false-flag” operation intended to sucker President Obama into fully joining the Syrian war on the side of the rebels — and the intelligence analysts’ similar beliefs about Tuesday’s incident. Instead, Trump went along with the idea of embracing the initial rush to judgment blaming Assad for the Idlib poison-gas event. The source added that Trump saw Thursday night’s missile assault as a way to change the conversation in Washington, where his administration has been under fierce attack from Democrats claiming that his election resulted from a Russian covert operation. If changing the narrative was Trump’s goal, it achieved some initial success with several of Trump’s fiercest neocon critics, such as neocon Senators John McCain and Lindsey Graham, praising the missile strike, as did Israeli Prime Minister Benjamin Netanyahu. The neocons and Israel have long sought “regime change” in Damascus even if the ouster of Assad might lead to a victory by Islamic extremists associated with Al Qaeda and/or the Islamic State.
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  • Trump employing a “wag the dog” strategy, in which he highlights his leadership on an international crisis to divert attention from domestic political problems, is reminiscent of President Bill Clinton’s threats to attack Serbia in early 1999 as his impeachment trial was underway over his sexual relationship with intern Monica Lewinsky. (Clinton also was accused of a “wag-the-dog” strategy when he fired missiles at supposed Al Qaeda bases in Afghanistan and Sudan in 1998 in retaliation for the bombing of U.S. embassies in Kenya and Tanzania.)
  • Trump’s advisers, in briefing the press on Thursday night, went to great lengths to highlight Trump’s compassion toward the victims of the poison gas and his decisiveness in bombing Assad’s military in contrast to Obama’s willingness to allow the intelligence community to conduct a serious review of the evidence surrounding the 2013 sarin-gas case. Ultimately, Obama listened to his intelligence advisers who told him there was no “slam-dunk” evidence implicating Assad’s regime and he pulled back from a military strike at the last minute – while publicly maintaining the fiction that the U.S. government was certain of Assad’s guilt. In both cases – 2013 and 2017 – there were strong reasons to doubt Assad’s responsibility. In 2013, he had just invited United Nations inspectors into Syria to investigate cases of alleged rebel use of chemical weapons and thus it made no sense that he would launch a sarin attack in the Damascus suburbs, guaranteeing that the U.N. inspectors would be diverted to that case. Similarly, now, Assad’s military has gained a decisive advantage over the rebels and he had just scored a major diplomatic victory with the Trump administration’s announcement that the U.S. was no longer seeking “regime change” in Syria. The savvy Assad would know that a chemical weapon attack now would likely result in U.S. retaliation and jeopardize the gains that his military has achieved with Russian and Iranian help. The counter-argument to this logic – made by The New York Times and other neocon-oriented news outlets – essentially maintains that Assad is a crazed barbarian who was testing out his newfound position of strength by baiting President Trump. Of course, if that were the case, it would have made sense that Assad would have boasted of his act, rather than deny it.
  • Alarm within the U.S. intelligence community about Trump’s hasty decision to attack Syria reverberated from the Middle East back to Washington, where former CIA officer Philip Giraldi reported hearing from his intelligence contacts in the field that they were shocked at how the new poison-gas story was being distorted by Trump and the mainstream U.S. news media.
  • Giraldi told Scott Horton’s Webcast: “I’m hearing from sources on the ground in the Middle East, people who are intimately familiar with the intelligence that is available who are saying that the essential narrative that we’re all hearing about the Syrian government or the Russians using chemical weapons on innocent civilians is a sham.” Giraldi said his sources were more in line with an analysis postulating an accidental release of the poison gas after an Al Qaeda arms depot was hit by a Russian airstrike. “The intelligence confirms pretty much the account that the Russians have been giving … which is that they hit a warehouse where the rebels – now these are rebels that are, of course, connected with Al Qaeda – where the rebels were storing chemicals of their own and it basically caused an explosion that resulted in the casualties. Apparently the intelligence on this is very clear.” Giraldi said the anger within the intelligence community over the distortion of intelligence to justify Trump’s military retaliation was so great that some covert officers were considering going public. “People in both the agency [the CIA] and in the military who are aware of the intelligence are freaking out about this because essentially Trump completely misrepresented what he already should have known – but maybe he didn’t – and they’re afraid that this is moving toward a situation that could easily turn into an armed conflict,” Giraldi said before Thursday night’s missile strike. “They are astonished by how this is being played by the administration and by the U.S. media.”
  • Regarding this week’s events, Trump’s desperation to reverse his negative media coverage and the dubious evidence blaming Assad for the Idlib incident could fit with the “Wag the Dog” movie from 1997 in which an embattled president creates a phony foreign crisis in Albania.
  • In the movie, the White House operation is a cynical psychological operation to convince the American people that innocent Albanian children, including an attractive girl carrying a cat, are in danger when, In reality, the girl was an actor posing before a green screen that allowed scenes of fiery ruins to be inserted as background. Today, because Trump and his administration are now committed to convincing Americans that Assad really was responsible for Tuesday’s poison-gas tragedy, the prospects for a full and open investigation are effectively ended. We may never know if there is truth to those allegations or whether we are being manipulated by another “wag the dog” psyop.
Paul Merrell

Obama Should Release Ukraine Evidence | Consortiumnews - 0 views

  • With the shoot-down of Malaysia Airlines Flight 17 over Ukraine turning a local civil war into a U.S. confrontation with Russia, U.S. intelligence veterans urge President Obama to release what evidence he has about the tragedy and silence the hyperbole. MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Intelligence on Shoot-Down of Malaysian Plane Executive Summary
  • U.S.–Russian tensions are building in a precarious way over Ukraine, and we are far from certain that your advisers fully appreciate the danger of escalation. The New York Times and other media outlets are treating sensitive issues in dispute as flat-fact, taking their cue from U.S. government sources. Twelve days after the shoot-down of Malaysian Airlines Flight 17, your administration still has issued no coordinated intelligence assessment summarizing what evidence exists to determine who was responsible – much less to convincingly support repeated claims that the plane was downed by a Russian-supplied missile in the hands of Ukrainian separatists.
  • We, the undersigned former intelligence officers want to share with you our concern about the evidence adduced so far to blame Russia for the July 17 downing of Malaysian Airlines Flight 17. We are retired from government service and none of us is on the payroll of CNN, Fox News, or any other outlet. We intend this memorandum to provide a fresh, different perspective.
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  • As intelligence professionals we are embarrassed by the unprofessional use of partial intelligence information. As Americans, we find ourselves hoping that, if you indeed have more conclusive evidence, you will find a way to make it public without further delay. In charging Russia with being directly or indirectly responsible, Secretary of State John Kerry has been particularly definitive. Not so the evidence. His statements seem premature and bear earmarks of an attempt to “poison the jury pool.”
  • Regarding the Malaysia Airlines shoot-down of July 17, we believe Kerry has typically rushed to judgment and that his incredible record for credibility poses a huge disadvantage in the diplomatic and propaganda maneuvering vis-a-vis Russia. We suggest you call a halt to this misbegotten “public diplomacy” offensive. If, however, you decide to press on anyway, we suggest you try to find a less tarnished statesman or woman.
  • If the U.S. has more convincing evidence than what has so far been adduced concerning responsibility for shooting down Flight 17, we believe it would be best to find a way to make that intelligence public – even at the risk of compromising “sources and methods.” Moreover, we suggest you instruct your subordinates not to cheapen U.S. credibility by releasing key information via social media like Twitter and Facebook. The reputation of the messenger for credibility is also key in this area of “public diplomacy.” As is by now clear to you, in our view Secretary Kerry is more liability than asset in this regard. Similarly, with regard to Director of National Intelligence James Clapper, his March 12, 2013 Congressional testimony under oath to what he later admitted were “clearly erroneous” things regarding NSA collection should disqualify him. Clapper should be kept at far remove from the Flight 17 affair. What is needed, if you’ve got the goods, is an Interagency Intelligence Assessment – the genre used in the past to lay out the intelligence. We are hearing indirectly from some of our former colleagues that what Secretary Kerry is peddling does not square with the real intelligence. Such was the case late last August, when Kerry created a unique vehicle he called a “Government (not Intelligence) Assessment” blaming, with no verifiable evidence, Bashar al-Assad for the chemical attacks near Damascus, as honest intelligence analysts refused to go along and, instead, held their noses.
  • We believe you need to seek out honest intelligence analysts now and hear them out. Then, you may be persuaded to take steps to curb the risk that relations with Russia might escalate from “Cold War II” into an armed confrontation. In all candor, we see little reason to believe that Secretary Kerry and your other advisers appreciate the enormity of that danger. In our most recent (May 4) memorandum to you, Mr. President, we cautioned that if the U.S. wished “to stop a bloody civil war between east and west Ukraine and avert Russian military intervention in eastern Ukraine, you may be able to do so before the violence hurtles completely out of control.” On July 18, you joined the top leaders of Germany, France, and Russia in calling for an immediate ceasefire. Most informed observers believe you have it in your power to get Ukrainian leaders to agree. The longer Kiev continues its offensive against separatists in eastern Ukraine, the more such U.S. statements appear hypocritical. We reiterate our recommendations of May 4, that you remove the seeds of this confrontation by publicly disavowing any wish to incorporate Ukraine into NATO and that you make it clear that you are prepared to meet personally with Russian President Putin without delay to discuss ways to defuse the crisis and recognize the legitimate interests of the various parties. The suggestion of an early summit got extraordinary resonance in controlled and independent Russian media. Not so in “mainstream” media in the U.S. Nor did we hear back from you. The courtesy of a reply is requested.
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    Veteran Intelligence Professionals for Sanity (VIPS) savage thecredibility of John Kerry and James Clapper, saying that Kerry's claims of Russian responsibility for shooting down MH17 are at odds with what they are being told by intelligence analysts still working for the government, and challenge Obama to release any evidence he has to support Kerry's version of events. Reading the entire communique is highly recommended.
Paul Merrell

Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahama... - 0 views

  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
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    Words fail me.
Paul Merrell

U.S. Military and Intelligence Officials to Obama: "Assad NOT Responsible for Chemical ... - 1 views

  • MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Is Syria a Trap? Precedence: IMMEDIATE We regret to inform you that some of our former co-workers are telling us, categorically, that contrary to the claims of your administration, the most reliable intelligence shows that Bashar al-Assad was NOT responsible for the chemical incident that killed and injured Syrian civilians on August 21, and that British intelligence officials also know this. In writing this brief report, we choose to assume that you have not been fully informed because your advisers decided to afford you the opportunity for what is commonly known as “plausible denial.” We have been down this road before – with President George W. Bush, to whom we addressed our first VIPS memorandumimmediately after Colin Powell’s Feb. 5, 2003 U.N. speech, in which he peddled fraudulent “intelligence” to support attacking Iraq. Then, also, we chose to give President Bush the benefit of the doubt, thinking he was being misled – or, at the least, very poorly advised.
  • The fraudulent nature of Powell’s speech was a no-brainer. And so, that very afternoon we strongly urged your predecessor to “widen the discussion beyond …  the circle of those advisers clearly bent on a war for which we see no compelling reason and from which we believe the unintended consequences are likely to be catastrophic.” We offer you the same advice today. Our sources confirm that a chemical incident of some sort did cause fatalities and injuries on August 21 in a suburb of Damascus. They insist, however, that the incident was not the result of an attack by the Syrian Army using military-grade chemical weapons from its arsenal. That is the most salient fact, according to CIA officers working on the Syria issue. They tell us that CIA Director John Brennan is perpetrating a pre-Iraq-War-type fraud on members of Congress, the media, the public – and perhaps even you. We have observed John Brennan closely over recent years and, sadly, we find what our former colleagues are now telling us easy to believe. Sadder still, this goes in spades for those of us who have worked with him personally; we give him zero credence. And that goes, as well, for his titular boss, Director of National Intelligence James Clapper, who has admitted he gave “clearly erroneous” sworn testimony to Congress denying NSA eavesdropping on Americans.
  • That Secretary of State John Kerry would invoke Clapper’s name this week in Congressional testimony, in an apparent attempt to enhance the credibility of the four-page “Government Assessment” strikes us as odd. The more so, since it was, for some unexplained reason, not Clapper but the White House that released the “assessment.” This is not a fine point. We know how these things are done. Although the “Government Assessment” is being sold to the media as an “intelligence summary,” it is a political, not an intelligence document. The drafters, massagers, and fixers avoided presenting essential detail. Moreover, they conceded upfront that, though they pinned “high confidence” on the assessment, it still fell “short of confirmation.”
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  • There is a growing body of evidence from numerous sources in the Middle East — mostly affiliated with the Syrian opposition and its supporters — providing a strong circumstantial case that the August 21 chemical incident was a pre-planned provocation by the Syrian opposition and its Saudi and Turkish supporters. The aim is reported to have been to create the kind of incident that would bring the United States into the war. According to some reports, canisters containing chemical agent were brought into a suburb of Damascus, where they were then opened. Some people in the immediate vicinity died; others were injured. We are unaware of any reliable evidence that a Syrian military rocket capable of carrying a chemical agent was fired into the area. In fact, we are aware of no reliable physical evidence to support the claim that this was a result of a strike by a Syrian military unit with expertise in chemical weapons. In addition, we have learned that on August 13-14, 2013, Western-sponsored opposition forces in Turkey started advance preparations for a major, irregular military surge. Initial meetings between senior opposition military commanders and Qatari, Turkish and U.S. intelligence officials took place at the converted Turkish military garrison in Antakya, Hatay Province, now used as the command center and headquarters of the Free Syrian Army (FSA) and their foreign sponsors.
  • Senior opposition commanders who came from Istanbul pre-briefed the regional commanders on an imminent escalation in the fighting due to “a war-changing development,” which, in turn, would lead to a U.S.-led bombing of Syria. At operations coordinating meetings at Antakya, attended by senior Turkish, Qatari and U.S. intelligence officials as well as senior commanders of the Syrian opposition, the Syrians were told that the bombing would start in a few days. Opposition leaders were ordered to prepare their forces quickly to exploit the U.S. bombing, march into Damascus, and remove the Bashar al-Assad government The Qatari and Turkish intelligence officials assured the Syrian regional commanders that they would be provided with plenty of weapons for the coming offensive. And they were. A weapons distribution operation unprecedented in scope began in all opposition camps on August 21-23. The weapons were distributed from storehouses controlled by Qatari and Turkish intelligence under the tight supervision of U.S. intelligence officers.
  • We hope your advisers have warned you that retaliation for attacks on Syrian are not a matter of IF, but rather WHERE and WHEN. Retaliation is inevitable. For example, terrorist strikes on U.S. embassies and other installations are likely to make what happened to the U.S. “Mission” in Benghazi on Sept. 11, 2012, look like a minor dust-up by comparison. One of us addressed this key consideration directly a week ago in an article titled “Possible Consequences of a U.S. Military Attack on Syria – Remembering the U.S. Marine Barracks Destruction in Beirut, 1983.”
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    This report by Veteran Intelligence Professionals for Sanity is almost certainly the most credible report contradicting the White House's "intelligence summary" that included zero evidence supporting the claim that Syrian government forces had unleashed the August 21, 2013 chemical attack in Ghoutu, near Damascus and less than five miles away from the just-arrived UN investigative team.  Spread it far and wide. 
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    Wow!! The cover-up of this false flag operation designed to get us into another civil war is incredible. Yet the truth continues to leak out. The ruling elites must be so pissed right now. The Internet is changing the world balance of power - in real time no less. And we are witness. Awesome stuff Paul.
Paul Merrell

U.S. Senate Select Committee on Intelligence - 0 views

  • Select Committee to Study Governmental Operations withRespect to Intelligence Activities ("Church Committee") Rules and Authorizing Resolution Rules of Procedure and S. Res. 21, 94th Congress
  • Interim and Staff Reports (1975) Interim Report, Alleged Assassination Plots Involving Foreign Leaders, S. Rep. No. 94-465 Staff Report, Covert Action in Chile, 1963-1973 Final Report, S. Rep. No. 94-755 (1976) Book I, Foreign and Military Intelligence Book II, Intelligence Activities and the Rights of Americans Book III, Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans Book IV, Supplementary Detailed Staff Reports on Foreign and Military Intelligence Book V, The Investigation of the Assassination of President John F. Kennedy: Performance of the Intelligence Agencies Book VI, Supplementary Reports on Intelligence Activities
  • Hearings Volume 1, Unauthorized Storage of Toxic Agents (September 16, 17, and 18, 1975) Volume 2, Huston Plan (September 23, 24, and 25, 1975) Volume 3, Internal Revenue Service (October 2, 1975) Volume 4, Mail Opening (October 21, 22, and 24, 1975 Volume 5, The National Security Agency and Fourth Amendment Rights (October 29 and November 6, 1975) Volume 6, Federal Bureau of Investigation (November 18, 19, December 2, 3, 9, 10, and 11, 1975) Volume 7, Covert Action (December 4 and 5, 1975) Additional Link Collection of Church Committee Reports and Hearings
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    The records of the mid-1970s Church Committee investigation into covert government surveillance and illegal repression of political rights are now online. The revelations of this investigation led directly to passage of the Foreign Intelligence Surveillance Act and other legislation aimed at confining the U.S. military to surveillance of foreign targets and to dismantling of J. Edgar. Hoover's COINTEL program of political repression in the U.S., including blackmailing of elected officials and assassination of dissident political activists. The more recent NSA revelations should be viewed with knowledge that the NSA was already told decades earlier by Congress to butt out of domestic surveillance in no uncertain terms. Yet here we have the NSA gathering the entire "haystack" of U.S. citizens' domestic communications. In any event, this is a historical treasure trove of  prior misbehavior by the U.S. clandestine services, an overpowering  testimony that government officials cannot  be trusted with secret surveillance powers. 
Gary Edwards

XKeyscore: NSA tool collects 'nearly everything a user does on the internet' | World ne... - 1 views

  • The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
  • The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10
  • "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
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  • US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
  • But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
  • XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
  • Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
  • Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets.
  • But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
  • One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
  • The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
  • Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
  • One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
  • Email monitoring
  • One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
  • To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
  • One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications.
  • Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
  • Chats, browsing history and other internet activity
  • Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
  • An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
  • The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
  • The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
  • William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
  • The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
  • "The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
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    "One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One
  •  
    "But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.
Paul Merrell

CSIS asked foreign agencies to spy on Canadians, kept court in dark, judge says - 0 views

  • OTTAWA — Canada’s foremost jurist on national security law has slammed CSIS for deliberately keeping the Federal Court of Canada “in the dark” about outsourcing its spying on Canadians abroad to foreign agencies, according to a redacted version of a classified court decision made public Friday.In a thundering rebuke, Federal Court Judge Richard Mosley said the Canadian Security Intelligence Service (CSIS) purposely misled him when he granted it numerous warrants beginning in 2009 to intercept the electronic communications of unidentified Canadians abroad suspected as domestic security threats.“This was a breach of the duty of candour owed by the service and their legal advisers to the court,” Mosley said in his Further Reasons for Order.CSIS also mistakenly assigned powers to the warrants that the court never authorized and which do not exist in law, he said.“It is clear that the exercise of the court’s warrant issuing authority has been used as protective cover for activities that it has not authorized,” Mosley wrote.Furthermore, tasking foreign security intelligence services to spy on Canadians overseas “carries the risk of the detention of or other harm to a Canadian person based on that information.“Given the unfortunate history of information sharing with foreign agencies over the past decade and the reviews conducted by several royal commissions, there can be no question that the Canadian agencies are aware of those hazards. It appears to me that they are using the warrants as authorization to assume those risks.”
  • Legal observers say this case and Mosley’s scolding will harm CSIS’s credibility and raise questions about whether the service has broken Criminal Code provisions dealing with the invasion of privacy.“When a judge says the government breached its duty of candour that is a very big ‘ouch’ moment,” Craig Forcese, a national security law scholar at the University of Ottawa, wrote in a recent blog posting.At the time the first warrants were issued, CSIS told the court “on clearly stated grounds” that the electronic intercepts would be carried out from within Canada by the Communications Security Establishment Canada (CSEC), the country’s foreign signals intelligence spy service.CSIS is largely restricted to domestic spying operations. If an investigation involves the use of intrusive techniques, such as electronic intercepts, Section 21 of the CSIS Act requires it to obtain a warrant approved by a Federal Court judge to guard the Charter right to a reasonable expectation of privacy.CSEC, meanwhile, is not allowed to spy on Canadians anywhere unless it is to provide technical and operational assistance to federal law enforcement and security agencies such as CSIS.And the federal court only has jurisdiction to authorize warrants under the CSIS Act as long as the communications in question are intercepted within Canada.
  • Yet once the so-called 30-08 warrants were approved by the court, CSEC, on behalf of CSIS, turned around and handed the jobs to one or more of its partners in the “Five Eyes” intelligence-gathering alliance between Canada, the United States, Great Britain, Australia and New Zealand.Mosley found out about the situation late this summer and summoned CSIS, CSEC and government officials and lawyers to court to explain themselves. The public version of his reasons for order was released Friday.
  • ...2 more annotations...
  • Some excerpts:• “I am satisfied that a decision was made by CSIS officials in consultation with their legal advisers to strategically omit information in applications for 30-08 warrants about their intention to seek the assistance of the foreign partners. As a result, the court was led to believe that all of the interception activity would take place in or under the control of Canada.”• “The principle of comity between nations that implies the acceptance of foreign laws and procedures when Canadian officials are operating abroad ends where clear violations of international law and human rights begin. In tasking the other members of the Five Eyes to intercept the communications of the Canadian targets, CSIS and CSEC officials knew ... this would involve the breach of international law by the requested second parties.”• “There is nothing in any of the material that I have read ... that persuades me that it was the intent of Parliament to give the service authority to engage the collection resources of the second party allies to intercept the private communications of Canadians.”• “It must be made clear, in any grant of a 30-08 warrant, that the warrant does not authorize the interception of the communications of a Canadian person by any foreign service on behalf of the service either directly or through the assistance of CSEC.”• “There must be no further suggestion in any reference to the use of second party assets by CSIS and CSEC, or their legal advisers, that it is being done under the authority of a (section) 21 warrant issued by this court.”
  • Forcese, meanwhile, raises some intriguing questions:• If Five Eyes assistance was not authorized, and CSEC and CSIS nevertheless sought it, are they still protected from Criminal Code, Part VI (invasion of privacy) culpability? Culpability, he writes, is only avoided where the intercept is lawfully authorized. If the parameters of the warrant were disregarded, does that vitiate the lawful access?• If CSEC and CSIS called on Five Eyes agencies to intercept communications, was the intercept still territorial, thus satisfying the international law concerns raised in the two warrant applications?“Outsourcing an international violation does not diminish state responsibility for that international violation. In a different context, that would be like asking bounty hunters to do your kidnapping of fugitives on the territory of a foreign state. Still a violation of international law.”CSIS has a choice, Forcese concludes: “Conduct extraterritorial spying without recourse to the courts, at risk of ultimately being called to account under domestic law, or honour the federal court’s construal of international law — and CSIS’s jurisdiction — and pull in its truly international surveillance operations, potentially blinding the country’s chief security intelligence agency.
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    Canadian Security Intelligence Service is in politically explosive deep doo-doo. 
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