Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged gag-orders

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

firstlook.org/...ders-national-security-letters

surveillance state FBI NSLs litigation 1st Amendment civil-liberties

shared by Paul Merrell on 24 Feb 15 - No Cached
  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • ...6 more annotations...
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

Four librarians gagged and threatened with prison time under the Patriot Act | Police S... - 0 views

www.policestateusa.com/...librarians-gagged-patriot-act

surveillance state NSLs gag-orders prior-restraint

shared by Paul Merrell on 07 Jul 14 - No Cached
  • Using the broad powers granted under the USA PATRIOT Act, the FBI demanded that 4 librarians produce private information about library patrons’ reading habits, then used an endless gag order to force them to remain silent about the request for the rest of their lives under penalty of prison time.
  • The FBI was demanding that the library hand over private data on library patrons en masse “to protect against international terrorism.” The document that Mr. Christian was given was a so-called National Security Letter (NSL), a type of administrative subpoena for personal information — self-written by the FBI without any probable cause or judicial oversight.  The legal framework for these powerful NSLs was established by Section 505 of the USA PATRIOT Act in 2001. What’s more, Mr. Christian was placed under a perpetual gag order.  The NSL prohibited the recipient “from disclosing to any person that the F.B.I. has sought or obtained access to information or records under these provisions.”  The gag order was broad enough that it was a crime to discuss the matter to any other person — for life.  The USA PATRIOT Act allows for this suppression of speech, and issues a punishment of up to 5 years in prison for anyone caught violating the endless gag order.
  • The only reason we know about this case today is because Mr. Christian and 3 other library board members fought back in court.  
  • ...3 more annotations...
  • In fact, the librarians were even barred from attending the court hearings on the very precedent-setting lawsuit with which they were involved. 
  • “Our presence in the courtroom was declared a threat to national security,” Mr. Chase related. The gag served to legally prevent Mr. Christian from personally testifying before Congress about the effects of the USA PATRIOT Act before the law’s reauthorization in March of 2006.   It passed through Congress easily and was signed once again by President George W. Bush. Appellate judges were clearly disturbed by the breadth of the NSL gag provisions.  One appellate judge wrote, “A ban on speech and a shroud of secrecy in perpetuity are antithetical to democratic concepts and do not fit comfortably with the fundamental rights guaranteed American citizens… Unending secrecy of actions taken by government officials may also serve as a cover for possible official misconduct and/or incompetence.” Sensing a potential legal defeat, the government took the steps necessary to preserve its powers.  Only a few weeks after the USA PATRIOT Act was renewed, the FBI abandoned the Library Connection case and voluntarily lifted the librarians’ gag order.  This eliminated the possibility that the NSL provisions could be struck down in court, protecting the USA PATRIOT Act from further judicial scrutiny.  In May 2006, the four librarians broke their silence at last.
  • The result could only be considered a partial victory, however.  While the librarians had regained their freedom to speak, they no longer had legal standing to challenge the NSL provisions, meaning that the sweeping power to subpoena and gag American citizens would remain unchecked in the hands of the government — and continue to be used at an alarming rate; tens of thousands of NSLs and gag orders are issued per year in the name of fighting the so-called War on Terror.
Paul Merrell

Federal Judge Finds National Security Letters Unconstitutional, Bans Them | Threat Leve... - 0 views

www.wired.com/...nsl-found-unconstitutional

surveillance state NLS gag orders 1st Amendment constitutional law

shared by Paul Merrell on 16 Mar 13 - No Cached
  • Ultra-secret national security letters that come with a gag order on the recipient are an unconstitutional impingement on free speech, a federal judge in California ruled in a decision released Friday. U.S. District Judge Susan Illston ordered the government to stop issuing so-called NSLs across the board, in a stunning defeat for the Obama administration’s surveillance practices. She also ordered the government to cease enforcing the gag provision in any other cases. However, she stayed her order for 90 days to give the government a chance to appeal to the Ninth Circuit Court of Appeals.
  • “We are very pleased that the Court recognized the fatal constitutional shortcomings of the NSL statute,” said Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed a challenge to NSLs on behalf of an unknown telecom that received an NSL in 2011. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.” The telecommunications company received the ultra-secret demand letter in 2011 from the FBI seeking information about a customer or customers. The company took the extraordinary and rare step of challenging the underlying authority of the National Security Letter, as well as the legitimacy of the gag order that came with it.
  • Both challenges are allowed under a federal law that governs NSLs, a power greatly expanded under the Patriot Act that allows the government to get detailed information on Americans’ finances and communications without oversight from a judge. The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them — though almost none of the requests have been challenged by the recipients. After the telecom challenged the NSL, the Justice Department took its own extraordinary measure and sued the company, arguing in court documents that the company was violating the law by challenging its authority. The move stunned EFF at the time.
  • ...2 more annotations...
  • Illston found that although the government made a strong argument for prohibiting the recipients of NSLs from disclosing to the target of an investigation or the public the specific information being sought by an NSL, the government did not provide compelling argument that the mere fact of disclosing that an NSL was received harmed national security interests. A blanket prohibition on disclosure, she found, was overly broad and “creates too large a danger that speech is being unnecessarily restricted.” She noted that 97 percent of the more than 200,000 NSLs that have been issued by the government were issued with nondisclosure orders.
  • NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more. NSLs are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have even received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has to merely assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
Paul Merrell

Revealed: How DOJ Gagged Google over Surveillance of WikiLeaks Volunteer - The Intercept - 0 views

firstlook.org/...appelbaum-google-investigation

surveillance state DoJ Appelbaum-email Wikileaks

shared by Paul Merrell on 21 Jun 15 - No Cached
  • The Obama administration fought a legal battle against Google to secretly obtain the email records of a security researcher and journalist associated with WikiLeaks. Newly unsealed court documents obtained by The Intercept reveal the Justice Department won an order forcing Google to turn over more than one year’s worth of data from the Gmail account of Jacob Appelbaum (pictured above), a developer for the Tor online anonymity project who has worked with WikiLeaks as a volunteer. The order also gagged Google, preventing it from notifying Appelbaum that his records had been provided to the government. The surveillance of Appelbaum’s Gmail account was tied to the Justice Department’s long-running criminal investigation of WikiLeaks, which began in 2010 following the transparency group’s publication of a large cache of U.S. government diplomatic cables. According to the unsealed documents, the Justice Department first sought details from Google about a Gmail account operated by Appelbaum in January 2011, triggering a three-month dispute between the government and the tech giant. Government investigators demanded metadata records from the account showing email addresses of those with whom Appelbaum had corresponded between the period of November 2009 and early 2011; they also wanted to obtain information showing the unique IP addresses of the computers he had used to log in to the account.
  • The Justice Department argued in the case that Appelbaum had “no reasonable expectation of privacy” over his email records under the Fourth Amendment, which protects against unreasonable searches and seizures. Rather than seeking a search warrant that would require it to show probable cause that he had committed a crime, the government instead sought and received an order to obtain the data under a lesser standard, requiring only “reasonable grounds” to believe that the records were “relevant and material” to an ongoing criminal investigation. Google repeatedly attempted to challenge the demand, and wanted to immediately notify Appelbaum that his records were being sought so he could have an opportunity to launch his own legal defense. Attorneys for the tech giant argued in a series of court filings that the government’s case raised “serious First Amendment concerns.” They noted that Appelbaum’s records “may implicate journalistic and academic freedom” because they could “reveal confidential sources or information about WikiLeaks’ purported journalistic or academic activities.” However, the Justice Department asserted that “journalists have no special privilege to resist compelled disclosure of their records, absent evidence that the government is acting in bad faith,” and refused to concede Appelbaum was in fact a journalist. It claimed it had acted in “good faith throughout this criminal investigation, and there is no evidence that either the investigation or the order is intended to harass the … subscriber or anyone else.” Google’s attempts to fight the surveillance gag order angered the government, with the Justice Department stating that the company’s “resistance to providing the records” had “frustrated the government’s ability to efficiently conduct a lawful criminal investigation.”
  • The Justice Department wanted to keep the surveillance secret largely because of an earlier public backlash over its WikiLeaks investigation. In January 2011, Appelbaum and other WikiLeaks volunteers’ – including Icelandic parlimentarian Birgitta Jonsdottir – were notified by Twitter that the Justice Department had obtained data about their accounts. This disclosure generated widepread news coverage and controversy; the government says in the unsealed court records that it “failed to anticipate the degree of  damage that would be caused” by the Twitter disclosure and did not want to “exacerbate this problem” when it went after Appelbaum’s Gmail data. The court documents show the Justice Department said the disclosure of its Twitter data grab “seriously jeopardized the [WikiLeaks] investigation” because it resulted in efforts to “conceal evidence” and put public pressure on other companies to resist similar surveillance orders. It also claimed that officials named in the subpeona ordering Twitter to turn over information were “harassed” after a copy was published by Intercept co-founder Glenn Greenwald at Salon in 2011. (The only specific evidence of the alleged harassment cited by the government is an email that was sent to an employee of the U.S. Attorney’s office that purportedly said: “You guys are fucking nazis trying to controll [sic] the whole fucking world. Well guess what. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US.”)
  • ...4 more annotations...
  • Google accused the government of hyperbole and argued that the backlash over the Twitter order did not justify secrecy related to the Gmail surveillance. “Rather than demonstrating how unsealing the order will harm its well-publicized investigation, the government lists a parade of horribles that have allegedly occurred since it unsealed the Twitter order, yet fails to establish how any of these developments could be further exacerbated by unsealing this order,” wrote Google’s attorneys. “The proverbial toothpaste is out of the tube, and continuing to seal a materially identical order will not change it.” But Google’s attempt to overturn the gag order was denied by magistrate judge Ivan D. Davis in February 2011. The company launched an appeal against that decision, but this too was rebuffed, in March 2011, by District Court judge Thomas Selby Ellis, III.
  • The government agreed to unseal some of the court records on Apr. 1 this year, and they were apparently turned over to Appelbaum on May 14 through a notification sent to his Gmail account. The files were released on condition that they would contain some redactions, which are bizarre and inconsistent, in some cases censoring the name of “WikiLeaks” from cited public news reports. Not all of the documents in the case – such as the original surveillance orders contested by Google – were released as part of the latest disclosure. Some contain “specific and sensitive details of the investigation” and “remain properly sealed while the grand jury investigation continues,” according to the court records from April this year. Appelbaum, an American citizen who is based in Berlin, called the case “a travesty that continues at a slow pace” and said he felt it was important to highlight “the absolute madness in these documents.”
  • He told The Intercept: “After five years, receiving such legal documents is neither a shock nor a needed confirmation. … Will we ever see the full documents about our respective cases? Will we even learn the names of those signing so-called legal orders against us in secret sealed documents? Certainly not in a timely manner and certainly not in a transparent, just manner.” The 32-year-old, who has recently collaborated with Intercept co-founder Laura Poitras to report revelations about National Security Agency surveillance for German news magazine Der Spiegel, said he plans to remain in Germany “in exile, rather than returning to the U.S. to experience more harassment of a less than legal kind.”
  • “My presence in Berlin ensures that the cost of physically harassing me or politically harassing me is much higher than when I last lived on U.S. soil,” Appelbaum said. “This allows me to work as a journalist freely from daily U.S. government interference. It also ensures that any further attempts to continue this will be forced into the open through [a Mutal Legal Assistance Treaty] and other international processes. The German goverment is less likely to allow the FBI to behave in Germany as they do on U.S. soil.” The Justice Department’s WikiLeaks investigaton is headed by prosecutors in the Eastern District of Virginia. Since 2010, the secretive probe has seen activists affiliated with WikiLeaks compelled to appear before a grand jury and the FBI attempting to infiltrate the group with an informant. Earlier this year, it was revealed that the government had obtained the contents of three core WikiLeaks staffers’ Gmail accounts as part of the investigation.
Paul Merrell

Microsoft Says U.S. Is Abusing Secret Warrants - 0 views

theintercept.com/...u-s-is-abusing-secret-warrants

surveillance state Microsoft DoJ litigation 4th-Amendment 1st Amendment gag-orders

shared by Paul Merrell on 16 Apr 16 - No Cached
  • “WE APPRECIATE THAT there are times when secrecy around a government warrant is needed,” Microsoft President Brad Smith wrote in a blog post on Thursday. “But based on the many secrecy orders we have received, we question whether these orders are grounded in specific facts that truly demand secrecy. To the contrary, it appears that the issuance of secrecy orders has become too routine.” With those words, Smith announced that Microsoft was suing the Department of Justice for the right to inform its customers when the government is reading their emails. The last big fight between the Justice Department and Silicon Valley was started by law enforcement, when the FBI demanded that Apple unlock a phone used by San Bernardino killer Syed Rizwan Farook. This time, Microsoft is going on the offensive. The move is welcomed by privacy activists as a step forward for transparency — though it’s also for business reasons.
  • Secret government searches are eroding people’s trust in the cloud, Smith wrote — including large and small businesses now keeping massive amounts of records online. “The transition to the cloud does not alter people’s expectations of privacy and should not alter the fundamental constitutional requirement that the government must — with few exceptions — give notice when it searches and seizes private information or communications,” he wrote. According to the complaint, Microsoft received 5,624 federal demands for customer information or data in the past 18 months. Almost half — 2,576 — came with gag orders, and almost half of those — 1,752 — had “no fixed end date” by which Microsoft would no longer be sworn to secrecy. These requests, though signed off on by a judge, qualify as unconstitutional searches, the attorneys argue. It “violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations — subject only to restraints narrowly tailored to serve compelling government interests,” they wrote.
  • Paul Merrell on 16 Apr 16
     
    The Fourth Amendment argument that people have a right to know when their property has been searched or seized is particularly interesting to me. If adopted by the Courts, that could spell the end of surveillance gag orders. 
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

www.wired.com/...foreigners-targeted-for-spying

surveillance-state NSA FBI stats 2013

shared by Paul Merrell on 29 Jun 14 - No Cached
  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
  • ...5 more annotations...
  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Paul Merrell

FBI sharply increases use of Patriot Act provision to collect US citizens' records - Op... - 0 views

openchannel.nbcnews.com/...to-collect-us-citizens-records

surveillance state FBI Patriot Act PRISM

shared by Paul Merrell on 16 Jun 13 - No Cached
  • The FBI has dramatically increased its use of a controversial provision of the Patriot Act to secretly obtain a vast store of business records of U.S. citizens under President Barack Obama, according to recent Justice Department reports to Congress. The bureau filed 212 requests for such data to a national security court last year – a 1,000-percent increase from the number of such requests four years earlier, the reports show. Follow @openchannelblog The FBI’s increased use of the Patriot Act’s “business records” provision — and the wide ranging scope of its requests -- is getting new scrutiny in light of last week’s disclosure that that the provision was used to obtain a top-secret national security order requiring telecommunications companies to turn over records of millions of telephone calls. Advertise | AdChoices Taken together, experts say, those revelations show the government has broadly interpreted the Patriot Act provision as enabling it to collect data not just on specific individuals, but on millions of Americans with no suspected terrorist connections. And it shows that the Foreign Intelligence Surveillance Court  accepted that broad interpretation of the law.
  • “That they were using this (provision) to do mass collection of data is definitely the biggest surprise,” said Robert Chesney, a top national security lawyer at the University of Texas Law School. “Most people who followed this closely were not aware they were doing this.  We’ve gone from producing records for a particular investigation to the production of all records for a massive pre-collection database. It’s incredibly sweeping.”  
  • But little-noticed statements by FBI Director Robert Mueller in recent years – as well as interviews with former senior law enforcement officials – hint at what Chesney calls a largely unnoticed “sea change” in the way the U.S. government collects data for terrorism and other national security investigations.
  • ...5 more annotations...
  • The Patriot Act provision, known as Section 215, allows the FBI to require the production of business records and any other “tangible things” -- including “books, records, papers, documents and other items,” for an authorized terrorism or foreign intelligence investigation. The Patriot Act was a broad expansion of law enforcement powers enacted by Congress with overwhelming bipartisan support in the aftermath of the Sept. 11, 2001, terrorist attacks. In addition to Section 215, other provisions expanded the FBI’s power to issue so-called “national security letters,” requiring individuals and business to turn over a more limited set of records without any court order at all.  Advertise | AdChoices In contrast to standard grand jury subpoenas, material obtained under both Section 215 orders and national security letters must be turned over under so-called “gag orders” that forbid the business or institution that receives the order from notifying its customers or publicly referring to the matter.
  • From the earliest days of the Patriot Act, Section 215 was among the most hotly disputed of its provisions. Critics charged the language – “tangible things” -- was so broad that it would even permit the FBI to obtain library and bookstore records to inspect what citizens were reading.Ashcroft confronted criticismLargely to tamp down those concerns, then-Attorney General John Ashcroft declassified information about the FBI’s use of the provision in September 2003, saying in a statement that “the number of times Section 215 has been used to date is zero.” Ashcroft added that he was releasing the information “to counter the troubling amount of public distortion and misinformation” about Section 215. But in the years since, the FBI’s use of Section 215 quietly exploded, with virtually no public notice or debate. In 2009, as part of an annual report to Congress, the Justice Department reported there had been 21 applications for business records to the Foreign Intelligence Surveillance Court (FISC) under Section 215 – all of which were granted, though nine were modified by the court. (The reports do not explain how or why the orders were modified.) 
  • In 2010, the number of requests jumped to 205 (all again granted, with 176 modified.) In the latest report filed on April 30, the department reported there had been 212 such requests in 2012 – all approved by the court, but 200 of them modified.These sharp increase in the use of Section 215 has drawn little attention until now because the number of national security letters (NSLs) issued by the bureau has been so much greater -- 15,229 in 2012. But FBI Director Mueller, in little-noticed written responses to Congress two years ago, explained that the bureau was encountering resistance from telecommunications companies in turning over “electronic communication transaction” records in response to national security letters.“Beginning in late 2009, certain electronic communications service providers no longer honored NSLs to obtain” records because of what their lawyers cited as “an ambiguity” in the law. (What Mueller didn’t say was this came at a time when all the major telecommunications companies were still facing lawsuits over their cooperation with the government on surveillance programs.) As a result, Mueller said, the FBI had switched over to demanding the same data under Section 215. “This change accounts for a significant increase in the volume of business records requests,” Mueller wrote.
  • Saying they wanted to put an end to “secret law,  eight U.S. senators — led by Sens. Jeff Merkley, D-Ore., and Mike Lee, R-Utah — on Tuesday introduced a bill to require the Justice Department to declassify national security court decisions that have permitted the use of the “business records” provision for such purposes.
  • The motion also asks the court to consider the constitutionality of the “gag order” written into Section 215.“There should be no room for secret law,” said Jameel Jaffer, the ACLU’s deputy legal director, adding that disclosure of the FISC rulings is essential if the debate Obama called for is to take place. “The public has a right to know what limits apply to the government’s surveillance authority, and what safeguards are in place to protect individual privacy.” 
Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

justsecurity.org/...lection-leave-plenty-loopholes

surveillance state NSA-reform DNI Clapper voluntary-reforms

shared by Paul Merrell on 05 Feb 15 - No Cached
  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
  • ...1 more annotation...
  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria

Benghazi Benghazigate Benghazi-coverup

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

Internet Giants Erect Barriers to Spy Agencies - NYTimes.com - 0 views

www.nytimes.com/...-barriers-to-spy-agencies.html

surveillance-state NSA-reform DIY-reform internet-hardening digital-privacy

shared by Paul Merrell on 08 Jun 14 - No Cached
  • As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.
  • After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers. Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.
  • A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.
  • ...8 more annotations...
  • Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.“I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.“No hard feelings, but my job is to make their job hard,” he added.
  • Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
  • In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.Continue reading the main story Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.
  • Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.
  • Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.
  • In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”
  • Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.
  • The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”
Paul Merrell

Poland asks European court to hide CIA secret torture prison case from public - RT News - 0 views

rt.com/...-cia-prison-european-court-991

tyranny extraordinary rendition CIA Poland ECHR cases war on terror™

shared by Paul Merrell on 02 Nov 13 - No Cached
  • Poland has asked the European Court of Human Rights to bar media and public presence during an upcoming hearing on Poland’s complicity with the CIA’s “extraordinary rendition” program that delivered terror suspects to secret prisons around the world. The public hearing in Strasbourg, France, scheduled for Dec. 3, will be the first arguments testing allegations that the Polish government allowed the CIA to operate a jail for supposed Al-Qaeda fighters in Poland. The request for a private hearing “will be examined by the court shortly,” a court spokesperson told Reuters. Poland cited national security concerns as to why it wants the hearing to remain confidential.
  • "We should have the right to review this case in public," said Adam Bodnar, vice president of the Warsaw-based Helsinki Foundation for Human Rights. "I do not see a reason for confidentiality of proceedings." Bodnar added that most of the evidence about the alleged CIA jail is already public, and keeping it secret is pointless now. His organization was instrumental in uncovering evidence of Poland’s cooperation with the agency.
  • The European Court of Human Rights (ECHR) case was brought by lawyers for Abu Zubaydah and Abd al-Rahim al-Nashiri, both now detainees waiting for charges at Guantanamo Bay.
  • ...2 more annotations...
  • The men allege they were kidnapped and held by the CIA at an intelligence training facility near Stare Kiejkuty, in northeast Poland. There, suspects “were subjected to enforced disappearance and tortured between 2002 and 2005,” Amnesty International said. Nashiri claims that while at the Polish site, he was subjected to torture, or “enhanced interrogation techniques,” and other harsh treatments, “such as ‘mock execution’ with a gun and threats of sexual assault against his family members,” Amnesty reported. Zubaydah was waterboarded 83 times in one month while in secret CIA detention.
  • Hosting such a secret prison violates the European Convention on Human Rights and the UN Convention Against Torture, both of which all European Union member states are bound to follow.
  • Paul Merrell on 02 Nov 13
     
    I'll be surprised if the gag order is granted. The European Court of Human Rights has already handled a prior case involving CIA extraordinary rendition of a German citizen, holding the former Yugoslavian Republic of Macedonia liable for collaboration. That case was handled publicly and its public decision stands as a milestone indictment of the CIA's methods of waging War on Terror. http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-115621  
Paul Merrell

U.S. government reveals breadth of requests for Internet records | Reuters - 0 views

www.reuters.com/...rity-nsl-idUSKBN0TJ2PJ20151201

surveillance state FBI NSLs stats litigation

shared by Paul Merrell on 02 Dec 15 - No Cached
  • The Federal Bureau of Investigation has used a secretive authority to compel Internet and telecommunications firms to hand over customer data including an individual’s complete web browsing history and records of all online purchases, a court filing released Monday shows.The documents are believed to be the first time the government has provided details of its so-called national security letters, which are used by the FBI to conduct electronic surveillance without the need for court approval.The filing made public Monday was the result of an 11-year-old legal battle waged by Nicholas Merrill, founder of Calyx Internet Access, a hosted service provider, who refused to comply with a national security letter (NSL) he received in 2004. Merrill told Reuters the release was significant “because the public deserves to know how the government is gathering information without warrants on Americans who are not even suspected of a crime.”
  • National security letters have been available as a law enforcement tool since the 1970s, but their frequency and breadth expanded dramatically under the USA Patriot Act, which was passed shortly after the Sept. 11, 2001 attacks. They are almost always accompanied by an open-ended gag order barring companies from disclosing the contents of the demand for customer data.A federal court ruled earlier this year that the gag on Merrill’s NSL should be lifted. Merrill's challenge also disclosed that the FBI may use NSLs to gain IP addresses on everyone a suspect has corresponded with and cell-site location information. The FBI said in the court filings it no longer used NSLs for location information. The secretive orders have long drawn the ire of tech companies and privacy advocates, who argue NSLs allow the government to snoop on user content without appropriate judicial oversight or transparency.
  • Last year, the Obama administration announced it would permit Internet companies to disclose more about the number of NSLs they receive. But they can still only provide a range such as between 0 and 999 requests, or between 1,000 and 1,999. Twitter (TWTR.N) has sued in federal court seeking the ability to publish more details in its semi-annual transparency reports. Several thousand NSLs are now issued by the FBI every year, though the agency says it is unaware of the precise number. At one point that number eclipsed 50,000 letters annually. The FBI did not respond to a request for comment Monday.
Paul Merrell

What is no longer classified? (and what does it portend for the credibility of governme... - 0 views

justsecurity.org/...-order-911-military-commission

war & peace CIA torture detainees rendition

shared by Paul Merrell on 02 Mar 15 - No Cached
  • The prosecution’s motion to amend the protective order in the 9/11 military commission is finally posted.  As I discussed here, Judge Spath has granted a similar motion in the al-Nashiri case.  Judge Pohl has yet to rule on this motion in the 9/11 case because the defense apparently intends to file at least one response to it. In an earlier post I explained why I think this development is very welcome and overdue. There’s another very noteworthy thing about the prosecution’s motion, as well:  It enumerates those categories of information about the CIA’s rendition/detention/interrogation program that are no longer classified at all, and that therefore presumably can now be discussed even by those (unlike the detainees) who were properly subject to restrictions on disclosing such matters–including information about the treatment of all 119 individuals who were in CIA custody, to wit:
  • • The fact that the former RDI Program was a covert action program authorized by the President in the September 17, 2001 Memorandum of Notification; • General allegations of torture by high-value detainees, unless such allegations reveal the identities (e.g., names, physical descriptions, or other identifying information) of CIA personnel or contractors, the locations of detention sites (including the name of any country in which the detention site was allegedly located), or any foreign intelligence service involvement in the detainees’ capture, rendition, detention, or interrogation; • The names and descriptions of the thirteen Enhanced Interrogation Techniques (EITs) that were approved for use, and the specified parameters within which the EITs could be applied;
  • • The techniques themselves as applied to the 119 individuals mentioned in Appendix 2 of the SSCI Executive Summary acknowledged to have been in CIA custody; • Information regarding the conditions of confinement as applied to those 119 individuals; • Information regarding the treatment of those 119 individuals, including the application of standard interrogation techniques; and • Information regarding the conditions of confinement or treatment during the transfer (“rendition”) of the 119 individuals.
  • ...1 more annotation...
  • This is important for several reasons, not least of which is that it might mean that it is now permissible to release the vast majority of the complete, 6000-or-so-page SSCI Report. One other thing:  The motion relates that in April 2012, in support of the Government’s motion requesting that Judge Pohl issue the protective order, the accompanying declarations of government officials set forth the “grave harm to national security that unauthorized disclosure of such information would cause.”  I think it’s fair to say, now that such information has been disclosed, that these alarms were unwarranted and ill-advised.  No grave harm has befallen the nation.  And so it appears, at least, as though there never was a very good reason why these important categories of information about the RDI program could not and should not have been disclosed years ago.
  • Paul Merrell on 02 Mar 15
     
    But what about "extraordinary rendition?"
Paul Merrell

Sibel Edmonds' Boiling Frogs Post | Home of the Irate Minority - 0 views

www.boilingfrogspost.com/...sustainer-of-chechen-terrorism

boston-bombings false flag war & peace security state Chechnya

shared by Paul Merrell on 23 Apr 13 - No Cached
  • Here we go again- Déjà vu. Out of the blue we have a ‘terror event,’ a couple of pop-terrorists, and a new buzz-word nation-Chechnya. There they go again: USA Media tales made-in-government: Muslims, terrorists, fanatics, freedom-haters … this time from another exotic-sounding land-Chechnya. They are going to tell you about the new frontiers in the so-called Islamic Terror Cells: The Caucasus and Central Asia. They’ve been planning this for a long time. In fact, the plans were in motion as early as the mid-1990s. Since 2002, despite the gag orders and attacks, I have been talking about: Central Asia & the Caucasus. I have been talking about our operations-grooming our very own terrorists in that region. I have been talking about Chechnya. In fact, just recently, I talked and talked and talked about it on record:
  • Sibel Edmonds on Operation Gladio Part I, Part II, Part III, Part IV, Part V. The government and its media will give you the tales. They will give you the roller-coaster-like spins. They will not give you what you need to know. Two years ago, we, at Boiling Frogs Post, provided you with the following article-analysis. Please read it: with the recent home-made terror incident and the new media buzz-word ‘Chechnya’, you need to arm yourself with facts. Here are a few excerpts from my article on US-Chechen Joint Terror Operation published in November 2011:
Paul Merrell

Rating Obama's NSA Reform Plan: EFF Scorecard Explained | Electronic Frontier Foundation - 0 views

www.eff.org/...m-plan-eff-scorecard-explained

surveillance state NSA-reform Obama Obama-speech

shared by Paul Merrell on 23 Jan 14 - No Cached
  • Earlier today, President Obama announced a series of reforms to address abuses by the National Security Agency. We were heartened to see Obama recognized that the NSA has gone too far in trampling the privacy rights of people worldwide. In his speech, the President ensured that National Security Letters would not come with perpetual gag orders, brought new levels of transparency and fairness to the FISA court, and ended bulk collection of telephone records by the NSA. However, there is still much more to be done. We’ve put together a scorecard showing how Obama’s announcements stack up against 12 common sense fixes that should be a minimum for reforming NSA surveillance. Each necessary reform was worth 1 point, and we were willing to award partial credit for steps in the right direction. On that scale, President Obama racked up 3.5 points out of a possible 12.
Paul Merrell

Obama concedes NSA bulk collection of phone data may be unnecessary | World news | theg... - 0 views

www.theguardian.com/...lection-phone-data-unnecessary

surveillance state 215-metadata metadata NSA Obama NSA-reform Snowden indictment amnesty

shared by Paul Merrell on 22 Dec 13 - No Cached
  • President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”
  • Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”
  • The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 
  • ...4 more annotations...
  • The president also went further than his review panel in suggesting the US needed to rein in its overseas surveillance activities. “We have got to provide more confidence to the international community. In a virtual world, some of these boundaries don’t matter any more,” he said. “The values that we have got as Americans are ones that we have to be willing to apply beyond our borders, perhaps more systematically than we have done in the past.”
  • Conspicuously, Obama declined to rebut one assessment from his surveillance review group – that the bulk collection of US call data was not essential to stopping a terrorist attack. Instead, he contended that there had been “no abuse” of the bulk phone data collection. But in 2009, a judge on the secret surveillance court prevented the NSA from searching through its databases of US phone information after discovering “daily violations” resulting from NSA searches of Americans’ phone records without reasonable suspicion of connections to terrorism. That data was inaccessible to the NSA for almost all of 2009, before the Fisa court was convinced the NSA had sufficient safeguards in place for preventing similar violations
  • In another indication of the shifting landscape on surveillance, the telecoms giant AT&T announced on Friday that it will begin publishing a semi-annual report about its complicity with government surveillance requests. AT&T followed its competitor Verizon, which announced a similar move on Thursday.
  • The first such report is expected for early 2014, Watts said. While technology firms like Yahoo and Google have pushed for greater transparency about providing their customer data to the government, the telecommunications firms – which have cooperated with the NSA since the agency’s 1952 inception – did not join them before the events of the past week.
  • Paul Merrell on 22 Dec 13
     
    Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.   
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

www.filmsforaction.org/...me_to_postconstitution_america

NSA-Patriot-Act-NDAA NSA-Whistleblower post-Constitutional-America Peter-Van-Buren

shared by Gary Edwards on 11 Aug 13 - No Cached
  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
  • ...22 more annotations...
  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • “What constitutes due process in this case is a due process in war.”
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  • Gary Edwards on 11 Aug 13
     
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

Google To Encrypt All Keyword Searches - Slashdot - 0 views

tech.slashdot.org/...o-encrypt-all-keyword-searches

surveillance state Google search-encryption NSA NSA-blowback

shared by Paul Merrell on 25 Sep 13 - No Cached
  • "Danny Sullivan reports that in the past month, Google has quietly made a change aimed at encrypting all search activity to provide 'extra protection' for searchers, and possibly to block NSA spying activity. In October 2011, Google began encrypting searches for anyone who was logged into Google. The reason given was privacy. Now, Google has flipped on encryption for people who aren't even signed-in. In June, Google was accused of cooperating with the NSA to give the agency instant and direct access to its search data through the PRISM spying program, something the company has strongly denied. 'I suspect the increased encryption is related to Google's NSA-pushback,' writes Sullivan. 'It may also help ease pressure Google's feeling from tiny players like Duck Duck Go making a "secure search" growth pitch to the media.'"
  • Paul Merrell on 25 Sep 13
     
    Sorry, Google. It's now a matter of trust and you blew it. 
Paul Merrell

Alleged Colombian Paramilitary Wanted for Murder of Robert Serra Arrives in Venezuela |... - 0 views

venezuelanalysis.com/11404

war & peace U.S.-foreign-policy Venezuela paramilitaries coup-attempts

shared by Paul Merrell on 02 Jun 15 - No Cached
  • Alleged Colombian paramilitary Leiva Padilla, alias “El Colombia,” arrived in Venezuela on Saturday where he will face trial for the murders of socialist politician, Robert Serra (27), and his comrade and political assistant, Maria Herrera (26).  Leiva is considered by Venezuelan authorities to be the head of an eight man group responsible for assassinating the two young political activists on October 1st last year. He was arrested on November 5th 2014 by Colombian authorities in Cartagena after Venezuela issued an Interpol request for his capture. The extradition of the alleged paramilitary, who has dual Venezuela-Colombia nationality, was approved by Colombian president, Manuel Santos, early in May. 
  • In the days following the assassination of Serra and Herrera, the Venezuelan government released CCTV footage of six men entering Serra’s house in the working class barrio of Caracas, La Pastora. Authorities maintain that the group immediately “neutralised” an unsuspecting Herrera, who answered the door, and then proceeded to go upstairs where they violently assassinated Serra before leaving just several minutes later.  The legislator was tied, gagged and stabbed somewhere between twenty to fifty times in the chest and four times in the back. At the time, then-Venezuelan Minister of Justice, Peace and the Interior, Miguel Rodriguez Torres, affirmed that the attack bore all the hallmarks of a politically motivated assassination. 
  • In the months prior to his death, he was conducting a parliamentary investigation into the activities of Lorent Saleh, a young rightwing activist arrested in 2014 for allegedly plotting alongside Colombian paramilitaries to carry out a series of terrorist attacks and political murders in Venezuela. Also extradited from Colombia, Saleh is a chief ally of former Colombian president, Alvaro Uribe, currently under investigation for his alleged links to paramilitary networks. Uribe had also been accused of being linked to Saleh by Serra less than two weeks before his death.  According to Venezuelan President Nicolas Maduro, the murders were planned and financed by an unknown person in Colombia. They have been widely interpreted as an attempt to intimidate those who support the country’s leftwing Bolivarian Revolution.  Many have also cited the crime as a sign of the increasing presence of rightwing paramilitary forces operating in the country.
  • ...2 more annotations...
  • Key in the upcoming trial, which promises to be kept highly confidential, will be the testimony of Serra’s chief bodyguard, Edwin Torres Camacho. Camacho was arrested soon after the murders and admitted to having been approached by “El Colombia” and paid to betray the socialist legislator. The confession is one of the strongest pieces of evidence against Leiva, who is also reported by Venezuelan press to have been aided and abetted by his wife and accompanied by his son on the night of the murder.  The high profile case has seen ten other people arrested in connection to the plot and international arrest warrants issued for another three. 
  • Leiva’s capture is perhaps the most significant development in the case so far. His testimony could provide a clue as to the identity of the financial backer in Colombia, responsible for ordering the assassination, as well as shed light on one of the most high profile political assassinations of the last fifteen years in Venezuela. 
  • Paul Merrell on 02 Jun 15
     
    The right-wing paramilitaries have been closely involved in 3 coup attempts in Venezuela, all of which traced back to covert U.S. intervention.
Paul Merrell

Cabinet okays jailing Israelis without charge in crackdown on Jewish terror | The Times... - 0 views

www.timesofisrael.com/-in-crackdown-on-jewish-terror

war & peace Israel administrative-detention Jewish-terrorists

shared by Paul Merrell on 04 Aug 15 - No Cached
  • The Israeli government authorized security officials to use administrative detention and all other appropriate means to track down and hold suspects in Friday’s murder of Palestinian infant Ali Saad Dawabsha
  • At an emergency meeting Sunday evening, ministers approved the use of “all means necessary” to catch the killers, alleged to be Jewish terrorists, who firebombed the Dawabsha home in the early hours of Friday morning, burning it down, killing Ali, and leaving his parents and brother fighting for their lives. Ministers also agreed to expedite legislation designed to counter Jewish terrorism, according to a statement from the Prime Minister’s Office. A ministerial committee including Defense Minister Moshe Ya’alon, Internal Security Minister Gilad Erdan and Justice Minister Ayelet Shaked was established to oversee other requirements to ensure more effective efforts to quell the extremism.
  • Security officials quoted on Israel’s Channel 2 news warned that a group of Jewish extremists, sometimes referred to as “Hilltop youth,” were responsible for a series of hate-crime attacks in recent years, and that these “rebels” and “anarchists” are bent on undermining the rule of law in Israel. The officials said there had been a fall in the number of their attacks of late, but that the attacks themselves were becoming increasingly grave. The officials said they were not being hampered by a lack of intelligence as much as by a lack of legal tools to grapple with Jewish suspects. Of five suspects in a June arson attack at the Church of the Multiplication of the Loaves and Fishes, at Tabgha on the Sea of Galilee, they said, three had been indicted, but they did not have the legal tools necessary to hold the other two in detention.
  • ...5 more annotations...
  • Other security insiders told The Times of Israel Sunday, however, that the Shin Bet security service did have difficulty obtaining intelligence about Jewish extremist groupings. A Channel 2 report on Friday said that investigations into 15 arson attacks on Palestinian targets since 2008 had yielded no convictions.
  • Israel’s President Reuven Rivlin warned in the wake of Friday’s attack that Israel had been “lax” in confronting Jewish terrorism. At separate rallies on Saturday night, both he and former president Shimon Peres warned that Israel was being consumed by “flames” of hatred. They referred, too, to a stabbing attack on the Jerusalem Gay Pride Parade on Thursday, in which six people were injured. The assailant in that attack was an ultra-Orthodox man, Yishai Schlissel, who had attacked the same parade in 2005 and only recently been freed from jail. One of the victims, 16-year-old Shira Banki, died of her wounds Sunday. A senior defense official told Israel Radio earlier Sunday that dealing with Jewish terror suspects necessitated using the same methods implemented against Palestinian terror suspects.
  • The official noted that the perpetrators of Friday’s firebomb attack in the West Bank village of Duma had been sophisticated in their actions — avoiding carrying mobile phones on their person — which could have been used to identify them — and leaving no tracks when they escaped the scene. Israeli security sources said Saturday that the two assailants had fled on foot in the direction of east Shiloh, a settlement area nearby. A Channel 2 report said they were suspected of coming from the area of the Esh Kodesh settlement outpost, but not from the outpost itself. A gag order has been placed on the investigation. Administrative detention — incarceration without trial — is considered a harsh and highly controversial method, but is increasingly used by world governments to combat the threat of terror, when there is not enough evidence against a suspect to justify a criminal trial. Administrative detention is temporary in nature, but may be renewed repeatedly by the defense minister.
  • The PA said that it held the Israeli government responsible for the attack in Duma.
  • Two homes in the Palestinian village of Duma, south of Nablus, were set alight, and the Hebrew words “Revenge” and “Long live the king messiah” were spray-painted on their walls, alongside a Star of David.
1 - 20 of 21 Next ›
Showing 20▼ items per page