Defending Dissent » New Docs Show Army Coordinated Spy Ring - 1 views
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Army illegally supplied intelligence on nonviolent antiwar protesters to FBI and police in multiple states Tacoma, WA – Recently obtained public records confirm an Army-led, multi-agency spy network that targeted “leftists/anarchists” as domestic terrorists. The Army used illegal infiltration to gather information on nonviolent antiwar protesters, disseminate it to the FBI and police departments in multiple states, and in some cases used it to disrupt planned protests by preemptively and falsely arresting activists. Public records obtained last month by Olympia activist Paul French reveal new evidence in the widely-watched Army spying case Panagacos v. Towery. An email from November 2007, in particular, shows that intelligence analyst John J. Towery was paid by the Army to infiltrate political groups and share unlawfully obtained intelligence with a growing network of law enforcement agencies, including the FBI, and police departments in Los Angeles, Portland, Eugene, Everett, and Spokane. The Towery email not only represents a broader spying program than previously thought, it also confirms the program was led by the Army, a fact contradicted by Towery’s 2009 sworn statements.
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“The latest revelations show how the Army not only engaged in illegal spying on political dissidents, it led the charge and tried to expand the counterintelligence network targeting leftists and anarchists,” said Larry Hildes, a National Lawyers Guild attorney who filed the Panagacos lawsuit in 2010. “By targeting activists without probable cause, based on their ideology and the perceived political threat they represent, the Army clearly broke the law and must be held accountable.” Previously obtained public records indicate that absent such accountability, the Army will continue to spy on and target protesters, which it did until at least 2010, long after Towery’s identity was exposed. Public records previously obtained in 2009 already established that over a two-year period beginning in 2006, Towery (under the alias “John Jacob”) spied on the Olympia antiwar group Port Militarization Resistance (PMR) as well as several other organizations, including Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War. It has also already been established that Towery’s intelligence was passed on to the Washington State Fusion Center, a communications hub of local, state and federal law enforcement, and then used by local police to target activists for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution
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The recently disclosed Towery email was a follow-up to a 2007 Domestic Terrorism Conference he attended in Spokane, during which “domestic terrorist” dossiers on some of the Panagacos plaintiffs were distributed. The Towery email shows the development of a multi-agency spying apparatus in intimate detail. “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro,” wrote the Army analyst to several law enforcement officials. Towery references books, “zines and pamphlets,” and a “comprehensive web list” as source material, but cautions the officials on file sharing “because it might tip off groups that we are studying their techniques, tactics and procedures.” Towery, who worked at Joint Base Lewis-McChord, not only coordinated his actions with local, state and federal law enforcement agencies, many of whom are named defendants in the Panagacos case, he also admitted to eavesdropping on a confidential, privileged attorney-client email listserv of criminal defendants and their legal counsel. Such conduct is considered a constitutional violation, but Towery also took sensitive information from the listserv vital to a pending criminal trial in 2007 and passed it on to fusion center officials who then transmitted it to prosecutors, forcing a mistrial in a case the defense was winning handily. The case was later dismissed for prosecutorial misconduct.
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One I had missed from February, 2014. I believe I had bookmarked something about this before the lawsuit was filed. Now not only has the case been filed but the alleged grounds for the lawsuit have been greenlighted by the 9th U.S. Circuit Court of Appeals. If you click through the link to the court's opinion, you'll find one of the Ninth Circuit's shorter opinions, less than five pages, which does not even mention that the defendants were employed by the U.S. Army or any branch of government, while still rejecting their claim of government officials' qualified immunity from suit for the alleged First and Fourth Amendment violations. The third amended complaint sufficiently alleged facts to support claims that had been clearly established as violative of the First and Fourth Amendments. It's clear that the plaintiffs have smoking gun evidence and that the National Lawyers' Guild is all over this one. Trial is scheduled next month, according to the article. It's just under 300 miles from here to Seattle, but I just might make the trip to watch a few days of this trial. Strong First Amendment cases for damages that survive appellate review of the qualified immunity nearly always settle before trial. But this one smells like it is going to trial for publicity purposes even if not for the vindication of rights, considering the nature of the organizations involved both as targets of the surveillance and their lawyers. It's great entertainment watching government guys and gals squirm on the witness stand when they've been caught violating civil rights. In criminal cases, invoking the Fifth Amendment right against self-incrimination cannot be taken as evidence of guilt. But in a federal civil rights case, that entitles the plaintiffs to have the jury instructed that it can infer liability from the resort to the Fifth Amendment to refuse answering questions. Better back in the day when I was the lawyer asking the questions. But it's still great fun just to watch
Is media just another word for control? - 0 views
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A recent poll asked people in Britain how many Iraqis had been killed as a result of the invasion of Iraq in 2003. The answers they gave were shocking. A majority said that fewer than 10,000 had been killed. Scientific studies report that up to a million Iraqi men, women and children died in an inferno lit by the British government and its ally in Washington. That's the equivalent of the genocide in Rwanda. And the carnage goes on. Relentlessly.What this reveals is how we in Britain have been misled by those whose job is to keep the record straight.
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We all live in an information age - or so we tell each other as we caress our smart phones like rosary beads, heads down, checking, monitoring, tweeting. We're wired; we're on message; and the dominant theme of the message is ourselves. Identity is the zeitgeist. A lifetime ago in 'Brave New World', Aldous Huxley predicted this as the ultimate means of social control because it was voluntary, addictive and shrouded in illusions of personal freedom. Perhaps the truth is that we live not in an information age but a media age. Like the memory of Mandela, the media's wondrous technology has been hijacked. From the BBC to CNN, the echo chamber is vast.
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Today liberal democracy is being replaced by a system in which people are accountable to a corporate state - not the other way round as it should be. In Britain, the parliamentary parties are devoted to the same doctrine of care for the rich and struggle for the poor. This denial of real democracy is an historic shift. It's why the courage of Edward Snowden, Chelsea Manning and Julian Assange is such a threat to the powerful and unaccountable. And it's an object lesson for those of us who are meant to keep the record straight. The great reporter Claud Cockburn put it well: "Never believe anything until it's officially denied".Imagine if the lies of governments had been properly challenged and exposed as they secretly prepared to invade Iraq - perhaps a million people would be alive today.
DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals - Law Blog - WSJ - 0 views
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The U.S. Department of Justice is pushing to make it easier for law enforcement to get warrants to hack into the computers of criminal suspects across the country. The move, which would alter federal court rules governing search warrants, comes amid increases in cases related to computer crimes. Investigators say they need more flexibility to get warrants to allow hacking in such cases, especially when multiple computers are involved or the government doesn’t know where the suspect’s computer is physically located. The Justice Department effort is raising questions among some technology advocates, who say the government should focus on fixing the holes in computer software that allow such hacking instead of exploiting them. Privacy advocates also warn government spyware could end up on innocent people’s computers if remote attacks are authorized against equipment whose ownership isn’t clear.
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The government’s push for rule changes sheds light on law enforcement’s use of remote hacking techniques, which are being deployed more frequently but have been protected behind a veil of secrecy for years. In documents submitted by the government to the judicial system’s rule-making body this year, the government discussed using software to find suspected child pornographers who visited a U.S. site and concealed their identity using a strong anonymization tool called Tor. The government’s hacking tools—such as sending an email embedded with code that installs spying software — resemble those used by criminal hackers. The government doesn’t describe these methods as hacking, preferring instead to use terms like “remote access” and “network investigative techniques.” Right now, investigators who want to search property, including computers, generally need to get a warrant from a judge in the district where the property is located, according to federal court rules. In a computer investigation, that might not be possible, because criminals can hide behind anonymizing technologies. In cases involving botnets—groups of hijacked computers—investigators might also want to search many machines at once without getting that many warrants.
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Some judges have already granted warrants in cases when authorities don’t know where the machine is. But at least one judge has denied an application in part because of the current rules. The department also wants warrants to be allowed for multiple computers at the same time, as well as for searches of many related storage, email and social media accounts at once, as long as those accounts are accessed by the computer being searched. “Remote searches of computers are often essential to the successful investigation” of computer crimes, Acting Assistant Attorney General Mythili Raman wrote in a letter to the judicial system’s rulemaking authority requesting the change in September. The government tries to obtain these “remote access warrants” mainly to “combat Internet anonymizing techniques,” the department said in a memo to the authority in March. Some groups have raised questions about law enforcement’s use of hacking technologies, arguing that such tools mean the government is failing to help fix software problems exploited by criminals. “It is crucial that we have a robust public debate about how the Fourth Amendment and federal law should limit the government’s use of malware and spyware within the U.S.,” said Nathan Wessler, a staff attorney at the American Civil Liberties Union who focuses on technology issues.
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Tech giants oppose NSA reform bill for timid safeguards against spying - RT USA - 0 views
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Ahead of Thursday’s US House vote on a bill sold as reform of a major US government spying program, top technology firms like Google have joined civil liberties and privacy groups in calling the legislation inadequate in fighting mass surveillance. The Reform Government Surveillance coalition – AOL, Apple, Dropbox, Facebook, Google, LinkedIn, Microsoft, Twitter, and Yahoo – offered a statement on Wednesday denouncing the USA Freedom Act as a weak attempt at ending the government’s bulk storage of domestic phone metadata.
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The USA Freedom Act would take the mass storage of phone records away from the government. Instead, telecommunications companies would be required to store the data. The bill would require the National Security Agency to get approval to search the telecoms’ cache of records from the often-compliant Foreign Intelligence Surveillance Court. Last-minute changes to the bill rankled privacy groups on Tuesday, leading many of them to decry the backdoor dealings as responsible for a “weakened,” “watered down” bill compared to what had previously passed the House Judiciary and Intelligence Committees earlier this month. On Wednesday, the tech coalition echoed these concerns, calling the amended legislation a move “in the wrong direction” of needed reform regarding mass surveillance. "The latest draft opens up an unacceptable loophole that could enable the bulk collection of Internet users' data," the coalition said. "While it makes important progress, we cannot support this bill as currently drafted and urge Congress to close this loophole to ensure meaningful reform." The loophole referred to by the coalition pertains to the USA Freedom Act’s definition for how and when government officials can search collected phone metadata records.
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The new language – approved by House leaders and the Obama administration in recent days – modifies the prohibitions on bulk collection of domestic data to allow government officials to search for Americans’ phone records using a “a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought.” This revised standard for the USA Freedom Act’s reform of surveillance is too broad and leaves privacy protections at risk, civil liberties groups said on Tuesday. In addition, the legislation’s new language also weakens the bill’s transparency provisions which outlined how much technology companies can disclose to customers about the extent of government requests of user data.
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Inside the Battle Over the CIA Torture Report - Bloomberg View - 0 views
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After months of internal wrangling, the Senate Intelligence Committee is finally set to release its report on President George W. Bush-era CIA practices, which among other details will contain information about foreign countries that aided in the secret detention and interrogation of suspected terrorists. Several U.S. officials told us that the negotiations are nearly complete between the Central Intelligence Agency and the committee's Democratic staff, which prepared the classified 6,300-page report and its 600-page, soon-to-be-released declassified executive summary. Dianne Feinstein, the committee's chairman, is set to release the summary early next week. Her staff members had objected vigorously to hundreds of redactions the CIA had proposed in the executive summary. After an often-contentious process to resolve the disputes, managed by top White House officials, Feinstein was able to roll back the majority of the disputed CIA redactions.
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Among the most significant of Feinstein’s victories, the report will retain information on countries that aided the CIA program by hosting black sites or otherwise participating in the secret rendition of suspected terrorists. The countries will not be identified by name, but in other ways, such as code names like “Country A.” This falls short of Feinstein’s original desire, which was to name the countries explicitly, but represents a big victory for the committee nonetheless. In a victory for the CIA, Feinstein reluctantly agreed to allow the redactions of the pseudonyms of agency personnel mentioned in the report. The CIA maintained that any reference to individuals working under cover that offered clues to their identities could place them in harm’s way. “We need to understand the role that particular countries played across time. Even having pseudonyms for countries in the report is important for a full accounting,” said Raha Wala, senior counsel at Human Rights First, which advocated on behalf of the report’s declassification.
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The CIA and some Republican senators had argued that even such masked identifications could be deciphered, leading to compromised relationships with those countries’ governments. In June 2013, the top intelligence official at the State Department, Philip Goldberg, wrote a classified letter to Congress warning against the disclosure of the names of countries who had participated in the program.
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Nations that knowingly hosted the CIA "black sites" won't be named, as though their own citizens should be deprived of that information. I still maintain that there would be no need for redacting CIA agents' names who participated in the torture if they were named in criminal complaints as they are required to be by the Convention Against Torture, which -- through the Constitution's Treaty Clause, is "the law of this land."
Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views
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A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
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Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
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Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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The Sound of Torture - The Intercept - 0 views
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Suddenly there was a chilling scream. “Allah,” someone wailed. “Allah! Allah!” As I wrote at the time, this wasn’t a cry of religious ecstasy. It was the sound of deep pain, coming from elsewhere in the town library, which had been turned into a detention center by Iraqi security forces who were advised by American soldiers and contractors. I was embedded with the Americans for a week, and I had already heard two of them, from the Wisconsin National Guard, talk about seeing their Iraqi partners trussing up prisoners like animals at a slaughter. During raids, I had seen these Iraqis beat their detainees — muggings as a form of questioning — while their American advisers watched.
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The CIA’s violations of its detainees are the tip of the torture iceberg. We run the risk, in the necessary debate sparked by the Senate’s release of 500 pages on CIA interrogation abuses, of focusing too narrowly on what happened to 119 detainees held at the agency’s black sites from 2002-2006. The problem of American torture — how much occurred, what impact it had, who bears responsibility — is much larger. Across Iraq and Afghanistan, American soldiers and the indigenous forces they fought alongside committed a large number of abuses against a considerable number of people. It didn’t begin at Abu Ghraib and it didn’t end there. The evidence, which has emerged in a drip-drip way over the years, is abundant though less dramatic than the aforementioned 500-page executive summary of the Senate’s still-classified report on the CIA.
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Just as the CIA opposed release of the Senate torture report, the Pentagon and White House continue to do their best to suppress the evidence. The Daily Beast noted the other day that the Obama Administration, responding to pressure from the Pentagon, continues to fight in court to prevent the publication of thousands of photos of detainee abuse. The argument against release is nearly identical to the argument used by the CIA to repress the Senate’s report—it could put American lives in danger. To her credit, Sen. Dianne Feinstein pushed back and published an executive summary of her committee’s 6,000-page report (which has caused practically no protest or violence overseas). Repression is the gut instinct of institutions that have something to hide, and I came across that in Samarra, too. Shortly after I witnessed the threatened execution of a detainee (an Iraqi soldier pointed his AK-47 at a prisoner who was against a wall with his hands up), an order came down from the American command to get me out of Samarra. I was told to pack my backpack for the next convoy out of town. After I made a flurry of calls on my satellite phone, the order was rescinded. Someone wanted the truth to come out.
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The Woman at the Center of the C.I.A.'s Torture Report - 0 views
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or the past eight months, there has been a furious battle raging behind closed doors at the White House, the C.I.A., and in Congress. The question has been whether the Senate Select Committee on Intelligence would be allowed to use pseudonyms as a means of identifying characters in the devastating report it released last week on the C.I.A.’s abusive interrogation and detention program. Ultimately, the committee was not allowed to, and now we know one reason why. The NBC News investigative reporter Matthew Cole has pieced together a remarkable story revealing that a single senior officer, who is still in a position of high authority over counterterrorism at the C.I.A.—a woman who he does not name—appears to have been a source of years’ worth of terrible judgment, with tragic consequences for the United States. Her story runs through the entire report. She dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.
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Had the Senate Intelligence Committee been permitted to use pseudonyms for the central characters in its report, as all previous congressional studies of intelligence failures, including the widely heralded Church Committee report in 1975, have done, it might not have taken a painstaking, and still somewhat cryptic, investigation after the fact in order for the American public to hold this senior official accountable. Many people who have worked with her over the years expressed shock to NBC that she has been entrusted with so much power. A former intelligence officer who worked directly with her is quoted by NBC, on background, as saying that she bears so much responsibility for so many intelligence failures that “she should be put on trial and put in jail for what she has done.” Instead, however, she has been promoted to the rank of a general in the military, most recently working as the head of the C.I.A.’s global-jihad unit. In that perch, she oversees the targeting of terror suspects around the world. (She was also, in part, the model for the lead character in “Zero Dark Thirty.”)
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Amazingly, perhaps, more than thirteen years after the 9/11 attacks, no one at the C.I.A. has ever been publicly held responsible for this failure. Evidently, the C.I.A. was adamant in its negotiations with the White House and the Senate Intelligence Committee that the American public never learn the names of anyone directly involved in this failure.
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CIA Assessment on Surviving Secondary Screening - 0 views
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Today, 21 December 2014, WikiLeaks releases two classified documents by a previously undisclosed CIA office detailing how to maintain cover while travelling through airports using false ID – including during operations to infiltrate the European Union and the Schengen passport control system. This is the second release within WikiLeaks' CIA Series, which will continue in the new year. The two classified documents aim to assist CIA undercover officials to circumvent these systems around the world. They detail border-crossing and visa regulations, the scope and content of electronic systems, border guard protocols and procedures for secondary screenings. The documents show that the CIA has developed an extreme concern over how biometric databases will put CIA clandestine operations at risk – databases other parts of the US government made prevalent post-9/11.
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The CIA manual "Surviving Secondary", dated 21 September 2011, details what happens in an airport secondary screening in different airports around the world and how to pass as a CIA undercover operative while preserving one's cover. Among the reasons for why secondary screening would occur are: if the traveller is on a watchlist (noting that watchlists can often contain details of intelligence officials); or is found with contraband; or "because the inspector suspects that something about the traveler is not right".
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The second document in this release, "Schengen Overview", is dated January 2012 and details guidelines for border officials in the EU's Schengen zone and the threats their procedures might pose in exposing the "alias identities of tradecraft-conscious operational travelers", the CIA terminology for US spies travelling with false ID during a clandestine operation. It outlines how various electronic systems within Schengen work and the risks they pose to clandestine US operatives, including the Schengen Information System (SIS), the European fingerprint database EURODAC (European Dactyloscopie) and FRONTEX (Frontières extérieures) – the EU agency responsible for easing travel between member states while maintaining security.
Alfreda Frances Bikowsky - Wikipedia, the free encyclopedia - 0 views
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Alfreda Frances Bikowsky (born 1965) is a career Central Intelligence Agency officer who has headed the Bin Laden Issue Station (also known as its code name, Alec Station) and the Global Jihad unit. Bikowsky's identity is not publicly acknowledged by the Agency, but was deduced by independent investigative journalists in 2011.[1] In January 2014, the Washington Post named her and tied her to a pre-9/11 intelligence failure and the extraordinary rendition of Khalid El-Masri.[2] The Senate Intelligence Committee report on CIA torture, released in December 2014, showed that Bikowsky was not only a key part of the torture program, but also one of its chief apologists.
Ukrainian Parliament sets Sights on NATO: CSTO Counters | nsnbc international - 0 views
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The Ukrainian Parliament, on Tuesday, December 23, voted for abandoning Ukraine’s neutral status and set the country on course for a NATO membership. The CSTO countered by integrating its constituent armed forces with the Russian Command and Control Center. Russian Foreign Minister Sergey Lavrov described Kiev’s decision as counterproductive while Belarus President Lukashenko asserted his country’s commitment to the collective defense within the CSTO and within the framework of the Eurasian Economic Union.
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Lavrov noted that the decision escalates confrontations and creates the illusion that the profound internal crisis in Ukraine can be resolved through the adoption of such laws. Russian Prime Minister Dmitry Medvedev noted on his Facebook page that Ukraine’s no-aligned status was “in essence an application to enter NATO, turning Ukraine into a potential military opponent of Russia”. Russia’s Ambassador to the OSCE, Andrei Kelin commented on Kiev’s decision, describing it as unfriendly, and as adding trouble and tension to the Russian-Ukrainian relationship.
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It is noteworthy that former French Foreign Minister Roland Dumas, who participated in the negotiations about Germany’s reunification, repeatedly stressed that the understanding that NATO wouldn’t station weapons or troops in any of the former Warsaw Pact member States or expand eastwards was “the essence of peace”. In an interview with l’Humanité.fr in September, Dumas said: “This was the essence of peace. Everyone was in agreement… Well, the Americans do not heed. They transported weapons to the Baltic countries and Poland. Hence the controversy when Putin came to power”.
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FBI says search warrants not needed to use "stingrays" in public places | Ars Technica - 0 views
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The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts. The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans. According to the letter, which was released last week: For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
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The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location." The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.
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In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.
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Charlie Hebdo: Paris attack brothers' campaign of terror can be traced back to Algeria ... - 0 views
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Algeria. Long before the identity of the murder suspects was revealed by the French police – even before I heard the names of Cherif and Said Kouachi – I muttered the word “Algeria” to myself. As soon as I heard the names and saw the faces, I said the word “Algeria” again. And then the French police said the two men were of “Algerian origin”. For Algeria remains the most painful wound within the body politic of the Republic – save, perhaps, for its continuing self-examination of Nazi occupation – and provides a fearful context for every act of Arab violence against France. The six-year Algerian war for independence, in which perhaps a million and a half Arab Muslims and many thousands of French men and women died, remains an unending and unresolved agony for both peoples. Just over half a century ago, it almost started a French civil war.
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But there’s an important context that somehow got left out of the story this week, the “history corner” that many Frenchmen as well as Algerians prefer to ignore: the bloody 1954-62 struggle of an entire people for freedom against a brutal imperial regime, a prolonged war which remains the foundational quarrel of Arabs and French to this day.The desperate and permanent crisis in Algerian-French relations, like the refusal of a divorced couple to accept an agreed narrative of their sorrow, poisons the cohabitation of these two peoples in France. However Cherif and Said Kouachi excused their actions, they were born at a time when Algeria had been invisibly mutilated by 132 years of occupation. Perhaps five million of France’s six and a half million Muslims are Algerian. Most are poor, many regard themselves as second-class citizens in the land of equality.
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More than 100 years earlier, France had invaded Algeria itself, subjugating its native Muslim population, building small French towns and chateaux across the countryside, even – in an early 19th-century Catholic renaissance which was supposed to “re-Christianise” northern Africa – converting mosques into churches.The Algerian response to what today appears to be a monstrous historical anachronism varied over the decades between lassitude, collaboration and insurrection. A demonstration for independence in the Muslim-majority and nationalist town of Sétif on VE Day – when the Allies had liberated the captive countries of Europe – resulted in the killing of 103 European civilians. French government revenge was ruthless; up to 700 Muslim civilians – perhaps far more – were killed by infuriated French “colons” and in bombardment of surrounding villages by French aircraft and a naval cruiser. The world paid little attention.
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Egypt and UAE discuss Security Cooperation: Nibbing NATO's Covert Infrastructure in the... - 0 views
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Egyptian Interior Minister Mohamed Ibrahim and an Egyptian delegation left Egypt on Sunday for a three-day visit and meetings with UAE Interior Minister Saif Bin Zayed Al-Nahyan and Emitati police chiefs. In November 2014 the UAE published a “terror list” including 85 organizations. Among them, many who are known to be involved in activities as proxy for Gulf Arab, Western and NATO government’s in covert war and regime change operations.
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The agenda reportedly focuses on the expansion of cooperation in intelligence, countering terrorism, the arrest of suspects, smuggling and crime. Both Egypt and the UAE are members of Interpol.
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In November 2014 the UAE published a list of 85 organizations which it had designated as terrorist organizations. The list includes a number of Muslim Brotherhood and Al-Qaeda linked organizations which are known to be used as proxies for certain Gulf Arab as well as Western and NATO covert wars and terrorist operations. The development prompted nsnbc editor-in-Chief and independent analyst Christof Lehmann to note that the “UAE Terror List nibs NATO’s covert Infrastructure in the Bud”.
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F.B.I. Is Broadening Surveillance Role, Report Shows - NYTimes.com - 0 views
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Although the government’s warrantless surveillance program is associated with the National Security Agency, the Federal Bureau of Investigation has gradually become a significant player in administering it, a newly declassified report shows.In 2008, according to the report, the F.B.I. assumed the power to review email accounts the N.S.A. wanted to collect through the “Prism” system, which collects emails of foreigners from providers like Yahoo and Google. The bureau’s top lawyer, Valerie E. Caproni, who is now a Federal District Court judge, developed procedures to make sure no such accounts belonged to Americans.
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Then, in October 2009, the F.B.I. started retaining copies of unprocessed communications gathered without a warrant to analyze for its own purposes. And in April 2012, the bureau began nominating new email accounts and phone numbers belonging to foreigners for collection, including through the N.S.A.’s “upstream” system, which collects communications transiting network switches.That information is in a 231-page study by the Justice Department’s inspector general about the F.B.I.’s activities under the FISA Amendments Act of 2008, which authorized the surveillance program. The report was entirely classified when completed in September 2012. But the government has now made a semi-redacted version of the report public in response to a Freedom of Information Act lawsuit filed by The New York Times.
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The report also filled in a gap about the evolving legality of the warrantless wiretapping program, which traces back to a decision by President George W. Bush in October 2001 to direct the N.S.A. to collect Americans’ international phone calls and emails, from network locations on domestic soil, without the individual warrants required by the Foreign Intelligence Surveillance Act, or FISA. The Times revealed that program in December 2005.After the article appeared, telecommunications providers that had voluntarily participated in the program were sued, and a Federal District Court judge in Detroit ruled that the program was illegal, although that decision was later vacated. The Bush administration sought to put the program on more solid legal footing by gaining orders from the Foreign Intelligence Surveillance Court approving it.Continue reading the main story Continue reading the main story Continue reading the main story In January 2007, the Bush administration persuaded the court’s Judge Malcolm Howard to issue an order to telephone and network companies requiring them to let the security agency target foreigners’ accounts for collection without individual warrants. But in April 2007, when the order came up for renewal before Judge Roger Vinson, he said that it was illegal.
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The Mystery of a Ukrainian Army 'Defector' | Consortiumnews - 0 views
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Exclusive: U.S. intelligence officials suggest that the person who fired the missile that downed Malaysia Airlines Flight 17 may have been “a defector” from the Ukrainian army, an apparent attempt to explain why some CIA analysts thought satellite images revealed men in Ukrainian army uniforms manning the missile battery, writes Robert Parry. By Robert Parry As the U.S. government seeks to build its case blaming eastern Ukrainian rebels and Russia for the shoot-down of Malaysia Airlines Flight 17, the evidence seems to be getting twisted to fit the preordained conclusion, including a curious explanation for why the troops suspected of firing the fateful missile may have been wearing Ukrainian army uniforms. On Tuesday, mainstream journalists, including for the Los Angeles Times and the Washington Post, were given a briefing about the U.S. intelligence information that supposedly points the finger of blame at the rebels and Russia. While much of this circumstantial case was derived from postings on “social media,” the briefings also addressed the key issue of who fired the Buk anti-aircraft missile that is believed to have downed the airliner killing all 298 people onboard.
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After last Thursday’s shoot-down, I was told that U.S. intelligence analysts were examining satellite imagery that showed the crew manning the suspected missile battery wearing what looked like Ukrainian army uniforms, but my source said the analysts were still struggling with whether that essentially destroyed the U.S. government’s case blaming the rebels. The Los Angeles Times article on Tuesday’s briefing seemed to address the same information this way: “U.S. intelligence agencies have so far been unable to determine the nationalities or identities of the crew that launched the missile. U.S. officials said it was possible the SA-11 [anti-aircraft missile] was launched by a defector from the Ukrainian military who was trained to use similar missile systems.” That statement about a possible “defector” might explain why some analysts thought they saw soldiers in Ukrainian army uniforms tending to the missile battery in eastern Ukraine. But there is another obvious explanation that the U.S. intelligence community seems unwilling to accept: that the missile may have been launched by someone working for the Ukrainian military.
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In other words, we may be seeing another case of the U.S. government “fixing the intelligence” around a desired policy outcome, as occurred in the run-up to war with Iraq. The Los Angeles Times also reported: “U.S. officials have not released evidence proving that Russia’s military played a direct role in the downing of the jet or in training separatists to use the SA-11 missile system. But they said Tuesday that the Russian military has been training Ukrainian separatists to operate antiaircraft batteries at a base in southwestern Russia.” Though that last charge also has lacked verifiable proof – and could refer to training on less powerful anti-aircraft weapons like so-called Manpads – the key question is whether the Russian government trained the rebels in handling a sophisticated anti-aircraft system, like the SA-11, and then was reckless enough to supply one or more of those missile batteries to the rebels — knowing that these rockets could reach above 30,000 feet where passenger airlines travel. The Russian government has denied doing anything that dangerous, if not crazy, and the eastern Ukrainian rebels also deny ever possessing such a missile battery. But the question that needs answering is: Are the Russians and the rebels lying?
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Israeli attacks designed to "terrorize" Gaza population, international law experts say ... - 0 views
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“The civilian population in the Gaza Strip is under direct attack,” dozens of international law experts have warned in a statement laying out numerous Israeli violations of the laws of war, some amounting to war crimes.
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“Most of the recent heavy bombings in Gaza lack an acceptable military justification and, instead, appear to be designed to terrorize the civilian population,” says the statement, signed by more than 140 international and criminal law scholars, human rights defenders, legal and other experts. Among them are John Dugard and Richard Falk, both former UN special rapporteurs on the human rights situation in the occupied Palestinian territories.
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“Gaza’s civilian population has been victimized in the name of a falsely construed right to self-defense,” the statement adds. Israel’s illegal attacks include its assault on the Gaza City neighborhood of [Shujaiya], which the statement says “was one of the bloodiest and most aggressive operations ever conducted by Israel in the Gaza Strip, a form of urban violence constituting a total disrespect of civilian innocence.”
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In NSA-intercepted data, those not targeted far outnumber the foreigners who are - The ... - 0 views
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Ordinary Internet users, American and non-American alike, far outnumber legally targeted foreigners in the communications intercepted by the National Security Agency from U.S. digital networks, according to a four-month investigation by The Washington Post. Nine of 10 account holders found in a large cache of intercepted conversations, which former NSA contractor Edward Snowden provided in full to The Post, were not the intended surveillance targets but were caught in a net the agency had cast for somebody else. Many of them were Americans. Nearly half of the surveillance files, a strikingly high proportion, contained names, e-mail addresses or other details that the NSA marked as belonging to U.S. citizens or residents. NSA analysts masked, or “minimized,” more than 65,000 such references to protect Americans’ privacy, but The Post found nearly 900 additional e-mail addresses, unmasked in the files, that could be strongly linked to U.S. citizens or U.S.residents.
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In order to allow time for analysis and outside reporting, neither Snowden nor The Post has disclosed until now that he obtained and shared the content of intercepted communications. The cache Snowden provided came from domestic NSA operations under the broad authority granted by Congress in 2008 with amendments to the Foreign Intelligence Surveillance Act. FISA content is generally stored in closely controlled data repositories, and for more than a year, senior government officials have depicted it as beyond Snowden’s reach. The Post reviewed roughly 160,000 intercepted e-mail and instant-message conversations, some of them hundreds of pages long, and 7,900 documents taken from more than 11,000 online accounts.
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Taken together, the files offer an unprecedented vantage point on the changes wrought by Section 702 of the FISA amendments, which enabled the NSA to make freer use of methods that for 30 years had required probable cause and a warrant from a judge. One program, code-named PRISM, extracts content stored in user accounts at Yahoo, Microsoft, Facebook, Google and five other leading Internet companies. Another, known inside the NSA as Upstream, intercepts data on the move as it crosses the U.S. junctions of global voice and data networks.
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Now that we're getting into the "incidental" search of American's emails and online docs, we're getting much closer to learning *who* is surveilled other than foreign leaders. It isn't a pretty sight. Note that the President's Privacy and Civil Liberties Oversight Board just issued a report on NSA's FISA sec. 702 program and gave it the legal green light. Their Fourth Amendment analysis was stunningly poor. http://goo.gl/3Ufc9n
The U.S. Government's Secret Plans to Spy for American Corporations - The Intercept - 0 views
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Throughout the last year, the U.S. government has repeatedly insisted that it does not engage in economic and industrial espionage, in an effort to distinguish its own spying from China’s infiltrations of Google, Nortel, and other corporate targets. So critical is this denial to the U.S. government that last August, an NSA spokesperson emailed The Washington Post to say (emphasis in original): “The department does ***not*** engage in economic espionage in any domain, including cyber.” After that categorical statement to the Post, the NSA was caught spying on plainly financial targets such as the Brazilian oil giant Petrobras; economic summits; international credit card and banking systems; the EU antitrust commissioner investigating Google, Microsoft, and Intel; and the International Monetary Fund and World Bank. In response, the U.S. modified its denial to acknowledge that it does engage in economic spying, but unlike China, the spying is never done to benefit American corporations.
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Director of National Intelligence James Clapper, for instance, responded to the Petrobras revelations by claiming: “It is not a secret that the Intelligence Community collects information about economic and financial matters…. What we do not do, as we have said many times, is use our foreign intelligence capabilities to steal the trade secrets of foreign companies on behalf of—or give intelligence we collect to—U.S. companies to enhance their international competitiveness or increase their bottom line.” But a secret 2009 report issued by Clapper’s own office explicitly contemplates doing exactly that. The document, the 2009 Quadrennial Intelligence Community Review—provided by NSA whistleblower Edward Snowden—is a fascinating window into the mindset of America’s spies as they identify future threats to the U.S. and lay out the actions the U.S. intelligence community should take in response. It anticipates a series of potential scenarios the U.S. may face in 2025, from a “China/Russia/India/Iran centered bloc [that] challenges U.S. supremacy” to a world in which “identity-based groups supplant nation-states,” and games out how the U.S. intelligence community should operate in those alternative futures—the idea being to assess “the most challenging issues [the U.S.] could face beyond the standard planning cycle.”
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One of the principal threats raised in the report is a scenario “in which the United States’ technological and innovative edge slips”— in particular, “that the technological capacity of foreign multinational corporations could outstrip that of U.S. corporations.” Such a development, the report says “could put the United States at a growing—and potentially permanent—disadvantage in crucial areas such as energy, nanotechnology, medicine, and information technology.” How could U.S. intelligence agencies solve that problem? The report recommends “a multi-pronged, systematic effort to gather open source and proprietary information through overt means, clandestine penetration (through physical and cyber means), and counterintelligence” (emphasis added). In particular, the DNI’s report envisions “cyber operations” to penetrate “covert centers of innovation” such as R&D facilities.
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The study's assumptions have attracted some criticism, but complex systems analysts contacted by New Scientist say it is a unique effort to untangle control in the global economy. Pushing the analysis further, they say, could help to identify ways of making global capitalism more stable.
The idea that a few bankers control a large chunk of the global econo