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Paul Merrell

Court Requires Review of State Secrets Documents - 0 views

fas.org/...state-secrets-review

DoJ no-fly-list state-secrets in-camera-review civil-liberties

shared by Paul Merrell on 16 Sep 14 - No Cached
  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.” “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.”
  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.”
  • “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.” The Court “understands its limited institutional competence to assess claims of national security and its obligation not to extend its review of claims of state secrets beyond what is necessary for the Court to perform its institutional role,” Judge Trenga wrote. Nevertheless, under current circumstances “the Court concludes that it is necessary for the Court to review at this stage certain of the underlying documents as to which the state secrets privilege is asserted.” “This case involves the extraordinary exercise of executive branch authority to operate a program [the "no fly" procedure] that results in the deprivation of basic liberties according to secret executive branch decision making, without pre-deprivation judicial review…. [Therefore,] the Court has a particularly strong and heightened institutional responsibility in these circumstances to review and assess the propriety of such executive branch activity since to dismiss this case as the defendants request would, in essence, judicially sanction conduct that has far-reaching implications.”
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  • Merely relying on government assertions of privilege without independent review of their basis and validity is inadequate since “In many instances, the privilege claims are conclusory, and it is difficult, if not impossible, to assess the merits of those claims….” “The Court therefore cannot accept, without further inquiry and review, that all of the documents as to which the state secrets privilege has been invoked in fact contain state secrets, or that any state secrets that might be contained in the listed documents would preclude the litigation of the plaintiff’s claims…,” Judge Trenga wrote. He ordered the government to produce the relevant documents for in camera review on or before October 15, 2014. In a footnote, Judge Trenga’s Order contains a rare judicial acknowledgment that “The government’s assertion of the state secrets privilege in certain cases has been less than reassuring. See Reynolds v. United States, 345 U.S. 1 (1953), in which it became apparent years later, after the claimed state secrets document was declassified, that it did not implicate state secrets….”
  • Paul Merrell on 16 Sep 14
     
    The DoJ is likely to take an immediate appeal from this order. But federal judges are showing increasing hostility to the secrecy around the government's designation of people on the no-fly list. Whether the Supreme Court would support the government in a Due Process challenge to the secrecy of the no-fly list and its procedures is an open question.  
Paul Merrell

With more police wearing cameras, the fight over footage has begun in Florida - Columbi... - 0 views

www.cjr.org/...lorida_police_body_cameras.php

police body-cameras transparency public-records-acts Florida

shared by Paul Merrell on 11 Mar 15 - No Cached
  • As more police departments equip their officers with body-worn cameras, the question of who gets access to that footage—and at what cost—is fast becoming a new frontier in open-records policy. Here in Florida, with one of the strongest public-records laws in the country, that frontier may soon be shaped by a couple of factors. One is a lawsuit filed by a Sarasota attorney against the local police department over fees for release of video footage. The second is a bill in the state legislature that would create new exemptions in the public records law when it comes to body cameras. The details of the suit and the bill are unique to the Sunshine State. But in the wake of Michael Brown, Eric Garner, and the Justice Department’s scathing report on biased policing in Ferguson, MO, as hopes for greater police accountability and improved community relations are pinned in part on wider use of the cameras, both warrant close attention.
Paul Merrell

Court Denies Motion to Dismiss State Secrets Case - 0 views

fas.org/...ssp-denial

government secrecy state-secrets Restis litigation court-order

shared by Paul Merrell on 31 Oct 14 - No Cached
  • A federal court yesterday denied a government motion to dismiss a pending lawsuit that the Obama Administration said involved state secrets. It appears to be the first time that such a motion for dismissal has ever been rejected in a state secrets case. [Update: Not so. There was a previous instance; see below.] The lawsuit, Gulet Mohamed v. Eric H. Holder, concerns the constitutionality of the “no fly” list. The government filed its dismissal motion last May 28. It included a declaration from Attorney General Eric Holder in which he asserted “a formal claim of the state secrets privilege in order to protect the national security interests of the United States.” An accompanying memorandum of law elaborated on the government’s claim. In August, Judge Anthony J. Trenga of the Eastern District of Virginia ordered the government to provide copies of the assertedly privileged documents for his in camera review. After initially resisting and seeking reconsideration of that order, the government complied. Based on his review, Judge Trenga yesterday issued his order denying the government motion for dismissal of the case. He said that “the information presented to date by the defendants in support of the state secrets privilege as to these documents is insufficient” to justify suspending the proceeding, though he declined to rule definitively on whether the state secrets privilege did or did not apply to any of the documents. He did allow that some of the documents appear to contain security sensitive information that may be subject to a law enforcement privilege.
  • Paul Merrell on 31 Oct 14
     
    According to the Order, plaintiff's counsel will be allowed to participate in the in camera review of the disputed documents under terms of a protective order. Courts have been noticeably more hostile to government claims of secrecy since Edward Snowden's disclosures.
Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

www.mintpressnews.com/...212684

surveillance state Fresno citizen-threat-ranking Intrado Beware trade-secrets

shared by Paul Merrell on 12 Jan 16 - No Cached
  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
  • Paul Merrell on 12 Jan 16
     
    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Gary Edwards

» EXCLUSIVE: Snowden Level Documents Reveal Stealth DHS Spy Grid Alex Jones' ... - 0 views

www.infowars.com/ts-reveal-stealth-dhs-spy-grid

NSA-Patriot-Act-NDAA Edward-Snowden DHS-Spying

shared by Gary Edwards on 12 Nov 13 - No Cached
  • “The NMS also collects information about every Wi‐Fi client accessing the network, including its MAC address, IP address, signal intensity, data rate and traffic status,” the document reads. “Additional NMS features include a fault management system for issuing alarms and logging events according to a set of customizable filtering rules, along with centralized and version‐controlled remote updating of the Aruba Mesh Operating System software.”
  • Gary Edwards on 12 Nov 13
     
    It just keeps getting better ............... excerpt: "The wireless mesh network, which allows for private communication between wireless devices including cell phones and laptops, was built by California-based Aruba Networks, a major provider of next-generation mobile network access solutions. Labeled by their intersection location such as "1st&University" and "2nd& Seneca," the multiple network devices are easily detected in Seattle's downtown area through a simple Wi-Fi enabled device, leading many residents to wonder if they are being detected in return. "How accurately can it geo-locate and track the movements of your phone, laptop, or any other wireless device by its MAC address? Can the network send that information to a database, allowing the SPD to reconstruct who was where at any given time, on any given day, without a warrant? Can the network see you now?" asked Seattle newspaper The Stranger. According to reports from Kiro 7 News, the mesh network devices can capture a mobile user's IP address, mobile device type, apps used, current location and even historical location down to the last 1,000 places visited. So far Seattle police have been tight-lipped about the network's roll-out, even denying that the system is operational. Several groups including the ACLU have submitted requests to learn the programs intended use, but days have turned to months as the mesh network continues its advancement. According to The Stranger's investigation, Seattle Police detective Monty Moss claims the department has no plans to use the mesh network for surveillance… unless given approval by city council. Despite a recently passed ordinance requiring all potential surveillance equipment to be given city council approval and public review within 30 days of its implementation, the network has remained shrouded in secrecy. Unknown to the public until now, information regarding the system has been hiding in plain view since last February at minimum. Diagr
Paul Merrell

ISIL, Turkey: The Dream of Restoring the Glories of Sublime Ottoman State , by Israa Al... - 0 views

www.voltairenet.org/article185381.html

war & peace ISIL Turkey Erdogan

shared by Paul Merrell on 17 Nov 14 - No Cached
  • The ISIL’s funding father is Erdogan’s personal friend The name of the Saudi businessman Yassin al-Qadi has been linked to organizations classified as terrorist internationally. In particular, the foreign press and the Turkish opposition media describe him as “al-Qaeda’s funding father”. After the events of September 11/2001, al-Qadi- along with other figures- has been included in the world’s list of terrorists, and his name was stereotyped as a terrorist man. This made several countries ban him from entering into their territories, Turkey was one of them. Earlier, the Turkish media documented a photo scandal: Erdogan’s meetings with Yassin al-Qadi as well as long meetings with his son Bilal Recep Tayyip Erdogan. The scandal that was leaked by Turkish security elements came in the context of the case of corruption of which the son of the former Turkish Prime Minister has been accused. Based upon this, a large number of elements of the security corps were arrested being accused of plotting a coup against the government.
  • Nevertheless, the French journalist Thierry Meyssan describes Yassin al-Qadi as a personal friend of both Dick Cheney (former U.S. Vice President) and Recep Tayyip Erdogan. According to him, al-Qadi visited Turkey four times during 2012, and “his plane used to land at the second airport of Istanbul, and was being welcomed by the Prime Minister personally, without going through the smart gate, and after cutting the security cameras’ power supply”. The Turkish Gmehoriet Newspaper intended to publish details about the investigations conducted by the Turkish judiciary on the same case, and mentioned that Recep Tayyip Erdogan introduced Yassine al-Qadi as a Saudi businessman visiting Turkey to invest and denied that he is a terrorist. It quoted him as saying: “I trust Mr. Al-Qadi just as I trust myself. He is an almsgiver”.
  • The Turkish newspaper, after publishing Erdogan’s utterances before the Turkish judiciary, revealed that the Turkish police monitored 12 visits made by the Saudi man to Turkey. Seven out of these visits have been made with the help of Erdogan, the period when he was banned from entering Turkey, because his name was added as one of the world wanted terrorists in the list of the American FBI. The newspaper commented saying: “When the Turkish police was looking for al-Qadi, he was holding meetings with the Prime Minister”. Also, it published a photograph that showed separately the aforesaid man, Erdogan, and the Turkish intelligence chief Hakan Fidan, when they were going to a meeting that gathered them. The newspaper noted that Fidan himself met with al-Qadi 5 times when Al-Qadi has been banned from entering the Turkish territory.
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  • Yet, the interesting thing is the leaked recordings published by the newspaper that disclose that Yassin al-Qadi used to give orders to the Erdogan’s office. He used to call to inform them that he had decided today to meet with Erdogan, and that the latter should not engage in any other obligations. The newspaper reported details about the dates of the meetings between the two men, what implies that the meetings were being attended by Fidan and by the Egyptian businessman Osama Qutob; the son of Muhammad Qutob the brother of the Brotherhood leader Sayyid Qutob who holds the Turkish citizenship and is living with his father in Turkey at present. This also mean that the meetings were taking place sometimes at the home of the Turkish businessman Mustafa Latif Topas in Istanbul, attended by Erdogan’s son and Moaz the son of al-Qadi. The recordings verify that Qutob was in charge of delivering the messages from the insurgents in the battlefield in Syria to Erdogan, what signifies that the meetings of these figures exceeded the issues of investment, and perhaps they exploited the title of a charity practice!
  • Those returning from Turkey refer to the public sympathy in the pro-government Turkish street with the ISIL. Social networking websites publish photos of Islamic libraries in Istanbul selling “T-shirts” and goods with the ISIL logo on them. Perhaps this news is no longer shocking after what the German (ARD) Television has revealed regarding the opening of an office for the ISIL in al-Fateh Street in Istanbul, being ran by Turks. Through it, the process of supporting and supplying the Takfiri organization in Iraq and Syria with funds and fighters takes place.
  • Perhaps the report of the American TV Network clarifies the argument of the Turkish journalist Orhan Kama Genghis: “The strongholds of the ISIL are located close to the Turkish border, and this did not happen coincidentally”. The Turkish journalist Kadri Gursel talks about the fact that the Turkish border territories have turned into an easy pathway facilitating the arrival and departure of the militants, where there are no formal procedures (visas, etc…) that could bother them, referring to the cooperation of the Turkish intelligence agency with the militants. Above and beyond, the Turkish opposition Republican People’s Party MP Muharram Ingee said that the ISIL leader “Mazen Abu Mohammed” received treatment in one of the Turkish government hospitals in the city of Hatay on April 2014, publishing a photo of the terrorist man in the hospital.
  • Additionally, the Lebanese journalist Hassan Hamade, in an earlier interview with Al-Manar, drew attention to the existence of three training camps in Turkey for the fighters of extremist organizations [3]. 2- The ORFA Camp, southeastern Turkey: a camp out of which the gunmen came when they attacked the Kasab city that its residents are predominantly Armenian.
  • 3- The OSMANIYA camp in Adana, southern Turkey: It is directly near the major bases of the U.S. Air Force in the Turkish territory. Yet, what is interesting is that the Osmaniya camp is a stone’s throw away from the gas pipelines points of intersection coming from Iraq and Central Asia that empty the freight in the Turkish port of Ceyhan on the Mediterranean Sea. 4- The KARMAN camp, it is also in Adana but is much closer to Istanbul. Moreover, a document published by the French journalist Thierry Meyssan, earlier, revealed that Turkey facilitated the infiltration of 5,000 fighters, who belong to al-Qaeda, to the Syrian territory after receiving training in Libya.
  • The German channel itself revealed in a video report aired by it that the ISIL has training camps on the Turkish territory: 1- The GAZIANTEP Camp: a training camp for the ISIL fighters According to the report published by the website of “Today’s Zaman”, an English-language newspaper in Turkey, the Governor of the Gaziantep (Erdal Ata) rushed to hold a press conference to deny what has been revealed by the German television. However, he spoke about the arrest of 19 elements that belong to the ISIL in the city, among those who came from European countries before committing them to trial.
  • Reviewing these data provide an early answer to the question of the Saudi writer, Nawaf Qadimi, who is known for his support for the Muslim Brotherhood, where the phenomenon of the ISIL leads us to evoke history. The Seljuks drew the policies to expand their influence and their tools were the advocates of takfir and the recruiting of fighters in the name of religion. Here is Erdogan in actual fact walking in the footsteps of the ancestors and painting policies, and the tools are the texts of takfir for which he is recruiting fighters in the name of religion itself! That is how history is enabling us to understand our present...
Paul Merrell

Information Awareness Office - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Information_Awareness_Office

surveillance state NSA DARPA Poindexter lies

shared by Paul Merrell on 23 Jun 13 - No Cached
  • The Information Awareness Office (IAO) was established by the Defense Advanced Research Projects Agency (DARPA) in January 2002 to bring together several DARPA projects focused on applying surveillance and information technology to track and monitor terrorists and other asymmetric threats to U.S. national security, by achieving Total Information Awareness (TIA). This would be achieved by creating enormous computer databases to gather and store the personal information of everyone in the United States, including personal e-mails, social networks, credit card records, phone calls, medical records, and numerous other sources, without any requirement for a search warrant.[1] This information would then be analyzed to look for suspicious activities, connections between individuals, and "threats".[2] Additionally, the program included funding for biometric surveillance technologies that could identify and track individuals using surveillance cameras, and other methods.[2] Following public criticism that the development and deployment of this technology could potentially lead to a mass surveillance system, the IAO was defunded by Congress in 2003. However, several IAO projects continued to be funded, and merely run under different names.[3][4][5][6]
  • Among the other IAO programs that were intended to provide TIA with component data aggregation and automated analysis technologies were the Genisys, Genisys Privacy Protection, Evidence Extraction and Link Discovery, and Scalable Social Network Analysis programs. On August 2, 2002, Dr. Poindexter gave a speech at DARPAtech 2002 entitled "Overview of the Information Awareness Office"[7] in which he described the TIA program. In addition to the program itself, the involvement of Poindexter as director of the IAO also raised concerns among some, since he had been earlier convicted of lying to Congress and altering and destroying documents pertaining to the Iran-Contra Affair, although those convictions were later overturned on the grounds that the testimony used against him was protected.
  • The IAO was established after Admiral John Poindexter, former United States National Security Advisor to President Ronald Reagan, and SAIC executive Brian Hicks approached the US Department of Defense with the idea for an information awareness program after the attacks of September 11, 2001.[5] Poindexter and Hicks had previously worked together on intelligence-technology programs for the Defense Advanced Research Projects Agency. DARPA agreed to host the program and appointed Poindexter to run it in 2002. The IAO began funding research and development of the Total Information Awareness (TIA) Program in February 2003 but renamed the program the Terrorism Information Awareness Program in May that year after an adverse media reaction to the program's implications for public surveillance. Although TIA was only one of several IAO projects, many critics and news reports conflated TIA with other related research projects of the IAO, with the result that TIA came in popular usage to stand for an entire subset of IAO programs. The TIA program itself was the "systems-level" program of the IAO that intended to integrate information technologies into a prototype system to provide tools to better detect, classify, and identify potential foreign terrorists with the goal to increase the probability that authorized agencies of the United States could preempt adverse actions. As a systems-level program of programs, TIA's goal was the creation of a "counterterrorism information architecture" that integrated technologies from other IAO programs (and elsewhere, as appropriate). The TIA program was researching, developing, and integrating technologies to virtually aggregate data, to follow subject-oriented link analysis, to develop descriptive and predictive models through data mining or human hypothesis, and to apply such models to additional datasets to identify terrorists and terrorist groups.
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  • On January 16, 2003, Senator Russ Feingold introduced legislation to suspend the activity of the IAO and the Total Information Awareness program pending a Congressional review of privacy issues involved.[8] A similar measure introduced by Senator Ron Wyden would have prohibited the IAO from operating within the United States unless specifically authorized to do so by Congress, and would have shut the IAO down entirely 60 days after passage unless either the Pentagon prepared a report to Congress assessing the impact of IAO activities on individual privacy and civil liberties or the President certified the program's research as vital to national security interests. In February 2003, Congress passed legislation suspending activities of the IAO pending a Congressional report of the office's activities (Consolidated Appropriations Resolution, 2003, No.108–7, Division M, §111(b) [signed Feb. 20, 2003]). In response to this legislation, DARPA provided Congress on May 20, 2003 with a report on its activities.[9] In this report, IAO changed the name of the program to the Terrorism Information Awareness Program and emphasized that the program was not designed to compile dossiers on US citizens, but rather to research and develop the tools that would allow authorized agencies to gather information on terrorist networks. Despite the name change and these assurances, the critics continued to see the system as prone to potential misuse or abuse. As a result House and Senate negotiators moved to prohibit further funding for the TIA program by adding provisions to the Department of Defense Appropriations Act, 2004[10] (signed into law by President Bush on October 1, 2003). Further, the Joint Explanatory Statement included in the conference committee report specifically directed that the IAO as program manager for TIA be terminated immediately.[11]
  • Paul Merrell on 23 Jun 13
     
    What became today's NSA programs of public concern were the brain child of Admiral John Poindexter and a private sector compadre. U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991). Poindexter had previously been convicted on five criminal counts involving lying to Congress and destruction and alteration of evidence.  His convictions were overturned on appeal on grounds that some of the testimony against him had been immunized from use in prosecution by Congress. There was no claim on appeal that any such evidence had been false.  86 U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991), . For far more detail of the evidence against Poindexter, see the August 4, 1993 final report by independent prosecutor Lawrence Walsh, Vol 1, Part 4 section 3, .  So one might say that today's controversial NSA activities were the idea of and conceived by a government official more than willing to lie to Congress and  to destroy and alter evidence. 
Paul Merrell

Court to Weigh Judicial Approval of "No Fly" Cases - 0 views

fas.org/...no-fly-judicial

war & peace politics-of-fear no-fly-list litigation right-to-travel

shared by Paul Merrell on 05 Feb 15 - No Cached
  • In a pending lawsuit challenging the constitutionality of the “no fly” list, in which the government has asserted the state secrets privilege, a federal court signaled that it would consider requiring judicial approval of “no fly” determinations involving U.S. citizens. Judge Anthony J. Trenga, who presides over the case Gulet Mohamed v. Eric Holder in the Eastern District of Virginia, set a hearing on February 24 to allow the government to supplement its argument that the case must be dismissed on state secrets grounds. Judge Trenga has previously rejected government arguments that state secrets required dismissal of the case and concluded the case could proceed without the assertedly privileged documents. (Secrecy News, 10/31/14). In a February 2 order, he told the government to be prepared to explain “how the under seal documents as to which the state secrets privilege is claimed preclude adjudication of the procedural due process claims without their use and disclosure.”
  • Beyond that, however, Judge Trenga hinted at a possible remedy to the constitutional challenge before the court involving independent judicial review of “no fly” determinations. He asked the government to address “whether, and if so how, national security considerations make it impractical or otherwise undesirable to submit for ex parte, in camera judicial review and approval the placement of United States citizens on the No Fly List, either before a citizen’s placement on the No Fly List or within a specific time period after placement on the No Fly List.” The upcoming hearing will be closed and ex parte.
Paul Merrell

Judicial Watch: Court Rules State Department Must Release Clinton Emails Detailing Obam... - 0 views

www.judicialwatch.org/...ailing-obama-response-benghazi

war & peace Benghazi Hillary emails FOIA litigation Judicial_Watch

shared by Paul Merrell on 07 May 17 - No Cached
  • Judicial Watch today announced that U.S. District Judge Amy Berman Jackson has ordered the U.S. Department of State to turn over to Judicial Watch “eight identical paragraphs” of previously redact material in two September 13, 2012, Hillary Clinton emails regarding phone calls made by President Barack Obama to Egyptian and Libyan leaders immediately following the terrorist attack on the U.S. mission in Benghazi.  Both emails had the subject line “Quick Summary of POTUS Calls to Presidents of Libya and Egypt” and were among the emails stored on Clinton’s unofficial email server.  Judge Jackson reviewed the documents directly and rejected the government’s contention that the records had been properly withheld under the FOIA B(5) “deliberative process” exemption. Judge Jackson ruled:  “the two records, even if just barely predecisional, are not deliberative. [The State Department] has pointed to very little to support its characterization of these two records as deliberative, and the Court’s in camera review of the documents reveals that they do not fall within that category.” The full emails may reveal what former Secretary of State Hillary Clinton and President Obama knew about the September 11, 2012, terror attack on the U.S. mission in Benghazi.
Paul Merrell

GCHQ handed new smartphone-hacking legal powers - RT UK - 0 views

www.rt.com/...19277-gchq-hack-smartphone-law

surveillance state GCHQ legislation backdoors encryption

shared by Paul Merrell on 22 Oct 15 - No Cached
  • Spy agencies in Britain will be given the explicit right to hack into smartphones and computers as part of a new law being introduced by the Conservative government. Security services MI5, MI6 and GCHQ can already access electronic devices by exploiting software security vulnerabilities, but the legal foundation for the practice is under scrutiny.New powers laid out in the Investigatory Powers Bill, due to be introduced in Parliament next month, will give spies a solid legal basis for hacking into computer systems, according to the Times.The revelation has sparked criticism from human rights group Liberty, which accuses the government of giving spy agencies “unlimited potential” to act against citizens.The bill, which was announced in the Queens’ Speech following the general election, is likely to include the new Snooper’s Charter, according to privacy campaigners at the Open Rights Group.
  • British spies will be able to hack into a person’s “property” through backdoors in the software. Once inside, intelligence agents can install software that allows them operate microphones to eavesdrop on conversations and even control the camera to take photographs of targets.The government admitted in February that MI5, MI6 and GCHQ were hacking into computers, servers, routers and mobile phones using the Intelligence Services Act 1994, which does not give explicit authorization for such practices.Independent reviewer of terrorism legislation Dave Anderson QC recommended in June that new legislation be introduced to clarify give intrusive hacking a firm legal basis.Anderson said that hacking presents a “dizzying array of possibilities to the security and intelligence agencies.”While some methods are appropriate, “many are of the view that there are others which are so intrusive that they would require exceptional safeguards for their use to be legal … A debate is clearly needed,” he said.
  • The investigatory powers bill will give agents explicit powers to interfere with “property” once they have obtained a warrant from the home secretary.Digital evidence expert Peter Sommer said the powers circumvented encryption technology.“Increasingly, [intelligence agents] can’t read communications sent over the internet because of encryption, so their ability to get information from interception is rapidly diminishing. The best way around this is to get inside someone’s computer. This is an increasingly important avenue for them,” he told the Times.
Paul Merrell

'UK surveillance is worse than 1984' says UN privacy chief (Wired UK) - 0 views

www.wired.co.uk/...-surveillance-joseph-cannataci

surveillance state privacy U.N.-repporteur Orwell 1984

shared by Paul Merrell on 28 Aug 15 - No Cached
  • The UN's newly appointed special rapporteur on privacy, Joseph Cannataci, has described digital surveillance in the UK as "worse" than anything imagined in George Orwell's totalitarian dystopia 1984.Speaking to the Guardian, Cannataci -- who doesn't own a Facebook account or use Twitter -- lambasted the oversight of British digital surveillance as "a rather bad joke at its citizens' expense".Warning against the steady erosion of privacy and increasing levels of government intrusion, he also drew sinister parallels with Orwell's vision of a mass-surveilled society, adding that today's reality was far worse than the fiction: "At least Winston [a character in Orwell's 1984] was able to go out in the countryside and go under a tree and expect there wouldn't be any screen, as it was called. Whereas today there are many parts of the English countryside where there are more cameras than George Orwell could ever have imagined."
  • Cannataci, who holds posts as a professor of technology of law at the University of Groningen, and as head of the department of Information Policy and Governance at the University of Malta, also called for a "Geneva convention-style law" for the internet. "Some people may not want to buy into it. But you know, if one takes the attitude that some countries will not play ball, then, for example, the chemical weapons agreement would never have come about."
  • As part of his new role -- which elevates digital privacy to the same level of importance as other human rights -- Cannataci has vowed to begin systematically reviewing government policies and the business models of large corporations, which he accuses of "very often taking the data that you never even knew they were taking". Although the privacy chief admits that his mandate is more than likely "impossible to achieve in the next three years", he stressed the importance of a "longer-term view" in an effort to help protect people's data and safeguard their digital rights.
Paul Merrell

Watchdog: FBI Facial Recognition May Not Be Accurate - Nextgov.com - 0 views

www.nextgov.com/...129155

surveillance state FBI facial-recognition

shared by Paul Merrell on 18 Jun 16 - No Cached
  • The FBI doesn’t know exactly how accurate its facial recognition technology is, new watchdog report finds. The bureau's Next Generation Identification-Interstate Photo System, a database including more than 30 million photos of criminals, lets law enforcement match a surveillance camera photo to that of a known criminal by narrowing their identity to between two and 50 possible candidates. But the FBI hasn't ensured its facial recognition technology doesn’t “unnecessarily include photos of innocent people as investigative leads,” according to a new report from the Government Accountability Office. The NGI-IPS and the FBI’s "Facial Analysis, Comparison and Evaluation Services," or FACE, which accesses databases from other federal, state and local groups, were the subject of a recent audit.  Most photos in NGI-IPS are submitted from 18,000 external groups among federal, state and local law enforcement -- about 70 percent are criminal mugshots. It’s the same technology that helped the FBI and a state track down a sex offender who had been on the run for 20 years. The FBI has spent about $55 million on facial recognition over the last six years.
  • FBI officials haven’t tested the detection rate -- how often a match is generated against a submitted photo -- for lists less than 50 candidates, according to GAO. Law enforcement may request a specific number of candidates for any search, though the default is 20. Verifying that NGI-IPS is accurate for all candidate list sizes would provide more assurance that the system helps to “enhance, rather than hinder, criminal investigations,” the GAO report said. <a href="http://pubads.g.doubleclick.net/gampad/jump?sz=300x300&c=801138892&iu=%2F617%2Fnextgov.com%2Fsection_emergingtech%2Fcontent%2Fpid_129155&t=noscript%3Dtrue%26referring_domain%3DTyped%252FBookmarked%26pos%3Dinjector%26level%3D0"> <img src="http://pubads.g.doubleclick.net/gampad/ad?sz=300x300&c=801138892&iu=%2F617%2Fnextgov.com%2Fsection_emergingtech%2Fcontent%2Fpid_129155&t=noscript%3Dtrue%26referring_domain%3DTyped%252FBookmarked%26pos%3Dinjector%26level%3D0"/> </a> The FBI also hasn’t assessed how often errors occur in facial matching. These can be caused both by lower-quality technology, but also by low-quality photos, the report said. The detection- and the false-positive rate are key data points that will help the bureau and the public understand these risks before the technology is deployed, the report said. GAO also found FBI hadn’t determined whether the facial recognition technology its federal, state and local partners use is accurate enough to support its own investigations. These oversights could impinge on citizen's privacy and civil liberties, the report noted. In 2012, the advocacy group the Electronic Frontier Foundation suggested facial recognition systems could allow “covert, remote, and mass capture and identification of images.”
  • In criminal cases, a false positive might force a defendant to prove he or she isn’t who the facial recognition system thought he was -- such a scenario might “alter the traditional presumption of innocence,” an EFF statement said. The FBI has also been slow in publishing its privacy protocol, the report found. The Justice Department hadn’t updated a key “Privacy Impact Assessment” between 2008 and 2015; and though NGI-IPS has existed since 2011, the FBI also didn’t publish the requisite System of Records Notice, explaining how the technology is used, until May 2016. Publishing these notices more promptly would reassure the public “the FBI is evaluating risks to privacy,” the report said.  The GAO review comes shortly after DOJ published a notice arguing its massive biometric database should be excluded from the Privacy Act, which requires the federal government to disclose, upon inquiry from the subject, the information it collects on the public. The system includes finger and palm prints, iris and facial scans, images of tattoos, from criminals, suspects, detainees and anyone undergoing background checks, security clearances and other government assessments.
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