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Secret Israeli Report Sees Rift With Europe Growing - J.J. Goldberg - Forward.com - 0 views

blogs.forward.com/...t-sees-rift-with-europe-growin war & peace Israel Europe leaked-docs
shared by Paul Merrell on 21 Jan 15 - No Cached
  • A classified Israeli foreign ministry document, leaked to the daily Yediot Ahronot, warns that 2015 will see Israel’s standing on the world stage steadily deteriorating. It predicts “worsening drift in Europe toward Palestinian positions, more parliaments recognizing the State of Palestine, fear of sanctions and labeling merchandise [to separate settlement products from tariff-free Israel-proper products] and no certainty that the United States will continue after Israel’s March elections to protect Israel with its veto.” The document is said to be a summary of an interministerial assessment roundtable convened by foreign minister Avigdor Lieberman, and is signed by foreign ministry deputy director-general Gilead Cohen. It was circulated to Israel’s ambassadors around the world, Yediot reported. In addition to labeling settlement products and parliamentary votes to recognize Palestine, the foreign ministry document warns of European nations halting the supply of replacement parts for Israeli equipment and demanding compensation for damage caused by Israel to European projects in the territories.
  • “The Europeans are creating a clear link between political and economic relations, and in this context it should be remembered that Europe is Israel’s main trading partner.” European diplomats and politicians increasingly view Israel as responsible for the failure of Israeli-Palestinian peace talks, claiming that Israel sets unreasonable conditions for a peace agreement in order to continue deepening its hold on the West Bank.
  • The tensions surrounding Prime Minister Netanyahu’s visit to Paris this week are an outgrowth of that growing gulf of suspicion. As Haaretz diplomatic correspondents Barak Ravid and Asher Schechter both reported, French president Francois Hollande initially asked Netanyahu not to come to Paris for the Sunday solidarity rally, because he wanted to avoid injecting the divisive Israeli-Palestinian issue into the rally’s theme of national and Europe-wide unity and solidarity. Once Netanyahu announced that he was coming, Hollande made clear to him that Palestinian leader Mahmoud Abbas would be invited as well. Netanyahu has said repeatedly since last week’s Paris attacks, in his initial sympathy statement and again in his remarks Monday at the site of the kosher supermarket attack, that the terror plaguing Europe is the same as the terror Israel faces. He said he hoped Europe would “wake up in time” to the terrorist threat. He continued: “Israel supports Europe in its fight against terrorism and it’s time Europe supported Israel in the same fight.” His comments have caused resentment in France. Like most of Europe, French leaders regard Israel’s conflict with Arab terrorists as fundamentally different from the jihadist terrorism spreading from Syria to the European continent. The Israeli-Palestinian conflict is seen as a territorial dispute, albeit with religious overtones where Hamas is concerned, while Al Qaeda and ISIS are seen as essentially nihilistic movements that seek to undermine Western civilization.
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  • As for “waking up” to the terrorist threat, French observers note that they are carrying the fight against Al Qaeda in Mali on their own, had one of the largest NATO troop contingents fighting the Taliban in Afghanistan and maintain what’s considered one of the best counter-terrorism intelligence operations in the West. In effect, Netanyahu’s call for Europe to “wake up” and “support Israel” in its struggle against terrorism is seen as a demand that Europe acquiesce in his effort to entrench Israeli presence in the territories, rather than withdrawing and permitting a Palestinian state based on the pre-1967 lines.
  • Paul Merrell on 21 Jan 15
     
    " ... no certainty that the United States will continue after Israel's March elections to protect Israel with its veto." That would seem to indicate that the Obama Administration is doing some very tough talking to Israeli government officials behind the scenes. But I doubt that Obama would have the U.S. abstain or vote in favor of a Security Council Resolution condemning Israel unless it was on a matter that would inflicit little actual pain on the Israeli government. In that scenario, Kerry could claim plausibly that the U.S. abstention or vote in favor was a "message" to Israeli gobvernment to get serious about making the two-state solution happen. But I have to admit it would warm my heart to see a Security Council Resolution adopted authorizing the use of force to break the Gaza siege and to push Israeli troops and its settlers back to the 1967 borders.  
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White House: racial slurs in NSA intelligence material 'unacceptable' | World news | Th... - 0 views

www.theguardian.com/...racial-slurs-training-material surveillance state NSA NSA-targets Muslims NSA-blowback
shared by Paul Merrell on 10 Jul 14 - No Cached
  • The White House has instructed US security agencies to review their training and policy materials for racial or religious bias after documents leaked by Edward Snowden showed training material for the intelligence agencies referring to "Mohammed Raghead".After an extensive investigation by the Intercept on Wednesday reported that the NSA and the FBI spied on the emails of five prominent US activists and attorneys with Muslim backgrounds, White House spokeswoman Caitlin Hayden said that the administration took accusations of the slurs "extremely seriously." "Upon learning of this matter, the White House immediately requested that the director of national intelligence undertake an assessment of intelligence community policies, training standards or directives that promote diversity and tolerance, and as necessary, make any recommendations changes or additional reforms," Hayden said.It is at least the second time the White House has ordered a review of agency training materials said to include offensive language.
  • Hayden declined to provide additional detail on the scope or duration of the investigation. But it is reminiscent of an earlier incident in which the White House ordered the government's vast counter-terrorism apparatus to find and purge inflammatory training material, particularly that which singled out Muslims for particular scrutiny. In 2011, this reporter published FBI training material instructing newer counter-terrorism agents that Islam itself was a threat to US national security and compared the prophet Muhammad to a cult leader. Initial FBI pushback gave way to an inquiry, at the instruction of the White House, that removed significant quantities of offensive or imprecise training material. That instruction came six years after the "Mohammed Raghead" material and stretched far beyond the FBI. Anti-Islam training material, including some urging "Hiroshima" tactics against Islamic nations, was found and removed from professional education courses for US military officers, at the behest of Army General Martin Dempsey, the chairman of the joint chiefs of staff.
  • The Obama administration has strained to reconcile the vast counter-terrorism bureaucracy with its policy declarations that the US is not at war with Islam and has attempted, with mixed results, to cultivate a less militarized and security-focused relationship with US Muslims, often preferring the term "countering violent extremism" over "counter-terrorism".In some anti-Islam circles, the removal of the instructional material is infamous and considered evidence of an administration capitulation to Islam – the exact opposite of the concern raised by the Intercept on Wednesday. The Intercept report, by former Guardian columnist Glenn Greenwald, Murtaza Hussain and Josh Meyer, suggested a persistent counter-terrorism atmosphere in which the mixture of Muslim heritage or faith and political activism attracted the scrutiny of US security agencies, despite first amendment protections. It presented the cases of five American activists and attorneys of Muslim heritage who appear to have been targeted for surveillance, at least between 2002 and 2008. None have been charged with a crime.
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  • The accusation is one of the gravest the US intelligence agencies have faced in the year since the Guardian and other news outlets began publishing material leaked by Snowden. A central aspect of the intelligence agency's public defense is that it cannot surveil US persons for constitutionally-protected activity and that its court-certified privacy protections are too robust to allow for privacy intrusions of the sort the Intercept reported.The allegation threatens to sever the tenuous relationship between US law enforcement and surveillance agencies and American Muslim communities, many of whom have long suspected that their government views them as an internal threat and not a population to be protected.The NSA, the Justice Department and the Office of the Director of National Intelligence sharply pushed back against the accusations that protected speech, unrelated to terrorism or espionage, turned American Muslims into counterterrorism targets.
  • US Muslim leaders and civil rights groups reacted with fury to the Intercept report.A coalition of 44 civil rights organizations wrote Obama on Wednesday to request a meeting with him, attorney general Eric Holder and FBI director James Comey. "In short, the government’s domestic counterterrorism policies treat entire minority communities as suspect, and American Muslims have borne the brunt of government suspicion, stigma and abuse," reads an open letter issued by a coalition that includes the ACLU, the Presbyterian Church (USA), the Arab-American Institute, and dozens of others.In a statement, the law firm Muslim Advocates said the spying, apparently conducted between 2002 and 2008, "confirms the worst fears of American Muslims"."The federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage," the group said. "The report clearly documents how biased training by the FBI leads to biased surveillance."
  • Vincent Warren, executive director of the Center for Constitutional Rights, issued a statement comparing the surveillance of Nihad Awad of the Council on American-Islamic Relations, named by the Intercept as one of the five surveillance targets, to the infamous surveillance of the Civil Rights Movement."The NSA’s surveillance of Nihad Awad and CAIR fits the same pattern as the FBI surveillance of Martin Luther King Jr, Ella Baker, Jesse Jackson, Malcolm X, and other leaders of the civil rights movement. Then it was based on manufactured suspicions of associations with the Communist party. Now it is seemingly based on unproven claims of tangential associations with Hamas," Warren said.
  • Paul Merrell on 10 Jul 14
     
    Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.
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Ron Wyden: the future of NSA programs is being determined now | World news | theguardia... - 0 views

www.theguardian.com/...ates-obama-end-data-collection surveillance state NSA Wyden Obama Snowden 1.7-million-docs perjury Rand Paul
shared by Paul Merrell on 12 Jan 14 - No Cached
  • Privacy advocates pressed Barack Obama to end the bulk collection of Americans’ communications data at a series of meetings at the White House on Thursday, seizing their final chance to convince him of the need for meaningful reform of sweeping surveillance practices. A key US senator left one meeting at the White House with the impression that President Obama has yet to decide on specific reforms. “The debate is clearly fluid,” senator Ron Wyden of Oregon, a longtime critic of bulk surveillance, told the Guardian after the meeting. “My sense is the president, and the administration, is wrestling with these issues,” Wyden said. Other groups were meeting presidential aides on Thursday afternoon, including the representatives of the American Civil Liberties Union, the Electronic Privacy Information Center (Epic) and the Open Technology Institute. Expectations were mounting that Obama will propose changing the National Security Agency’s controversial database of all domestic phone call records.
  • Wyden, a member of the Senate intelligence committee, said he viewed the coming days and weeks, ahead of an announcement by Obama about the future scope of surveillance, to be decisive for the debate triggered by NSA whistleblower Edward Snowden.  “What I’d say to Americans is that the future of these programs is being determined now,” Wyden said. “For those like me, who believe that security and liberty are not mutually exclusive, this is the time to weigh in.”
  • Speaking after the meeting with legislators, White House spokesman Jay Carney described the conversation as an opportunity for Obama to “solicit their input”, rather than brief them on his decisions about the future scope of surveillance activities.  The White House held meetings on Wednesday with the leadership of the intelligence agencies, including NSA director Keith Alexander and director of national intelligence James Clapper, as well as with Obama’s privacy and civil liberties advisory group. On Friday, Obama’s staff is expected to meet representatives of major technology firms, ostensibly to continue deliberations.  Shortly before the legislators’ meeting began, two of the attendees, House intelligence committee leaders Mike Rogers of Michigan and Dutch Ruppersberger of Maryland, issued a statement describing a classified Defense Department report that they said alleged that Snowden’s leaks –which they said totaled 1.7m intelligence files and impacted intelligence operations of all military branches – could “gravely impact” US national security. 
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  • A spokesman for the Defense Intelligence Agency, which spearheaded the report, said the report was an “initial assessment”, and the work of the Information Review Task Force was “ongoing”. But neither the House intelligence committee leaders nor the DIA would provide additional information substantiating the allegations of Snowden’s impact.  “The report is classified and is not releasable,” said the DIA spokesman, who would not agree to be quoted by name. The classified interim assessment was delivered to the House and Senate intelligence committees on 6 January, and the DIA spokesman said there is no deadline for a final report, nor a mandate to make such a report public. 
  • Snowden's attorney, Ben Wizner, described the report as an attack on the journalism produced by the Snowden disclosures. "In truth, Mike Rogers is only indirectly attacking Snowden. He’s directly attacking the journalists who have reported on these revelations. There is not a shred of evidence that any adversary has had any access to any document other than those published by journalists, and they haven't contradicted that," Wizner told the Guardian. "We shouldn’t have any confidence in the accuracy of this innuendo. The government has shown time and again they have very little idea of what Snowden had access to."
  • Speaking outside the White House after a separate meeting with Obama, senator Rand Paul also stepped up his calls for government leniency toward Snowden, contrasting his treatment with Clapper, who has admitted misleading the Senate about surveillance. "Those who call for some sort of frontier justice for [Snowden] need to understand the laws needs to apply equally," Paul told reporters. "James Clapper by all accounts committed perjury which is punishable by five years in prison and if you want to throw the book at Snowden, it's a little hard to say 'Oh, but we're not going to do anything about James Clapper lying to Congress.'"
  • Asked if he was making a direct comparison, Paul added: "It's not my job to compare them or contrast what they did, but what James Clapper did has greatly harmed the credibility of the intelligence agencies ... he has really greatly damaged the intelligence community. It's arguable." After meeting with Obama, Wyden saw the debate over surveillance winding toward a conclusion. “This is crunch time. The decisions are going to be made in the very near future,” Wyden said. “The president made clear he wanted to hear from us. I’m going to keep urging members of Congress and the public to stand on the side of real reform and end intrusive surveillance practices that in effect violate the liberties of our people without making us safer.”
  • Paul Merrell on 12 Jan 14
     
    Wyden  says it's time to get involved. Wyden is one of my senators and is about to get an email informing him that if he believes Barack Obama is the person who will decide this issue, he'd better think that over a bit more.  
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Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

www.justsecurity.org/...egislative-cyber-threats-cisas
shared by Paul Merrell on 31 Jul 15 - No Cached
  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
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  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
  • Paul Merrell on 31 Jul 15
     
    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
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UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance surveillance state UN-report digital-privacy
shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
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Smoking gun emails reveal 'deal in blood' George Bush and Tony Blair made as they secre... - 0 views

www.dailymail.co.uk/...ors-YEAR-invasion-started.html war & peace Blair Bush2 Powell Iraq Hillary-emails
shared by Paul Merrell on 19 Oct 15 - No Cached
  • A bombshell White House memo has revealed for the first time details of the ‘deal in blood’ forged by George Bush and Tony Blair over the Iraq War.The damning memo, from secretary of state Colin Powell to president George Bush, was written on March 28, 2002, a week before Bush’s famous summit with Blair at his Crawford ranch in Texas.The Powell document, headed ‘Secret... Memorandum for the President’, lifts the lid on how Blair and Bush secretly plotted the war behind closed doors at Crawford. In it, Powell tells Bush that Blair ‘will be with us’ on military action. Powell assures the president: ‘The UK will follow our lead’.The classified document also discloses that Blair agreed to act as a glorified spin doctor for the president by presenting ‘public affairs lines’ to convince a skeptical public that Saddam had Weapons of Mass Destruction - when none existed.In return, the president would flatter Blair’s ego and give the impression that Britain was not America’s poodle but an equal partner in the ‘special relationship’. 
  • The sensational leak shows that Blair had given an unqualified pledge to sign up to the conflict a year before the invasion started.It flies in the face of the UK Prime Minister’s public claims at the time that he was seeking a diplomatic solution to the crisis.He told voters: ‘We’re not proposing military action’ - in direct contrast to what the secret email now reveals. 
  • The disclosure is certain to lead for calls for Sir John Chilcot to reopen his inquiry into the Iraq War if, as is believed, he has not seen the Powell memo.A second explosive memo from the same cache also reveals how Bush used ‘spies’ in the Labour Party to help him to manipulate British public opinion in favor of the war.The documents, obtained by The Mail on Sunday, are part of a batch of secret emails held on the private server of Democratic presidential candidate Hillary Clinton which U.S. courts have forced her to reveal.Former UK Conservative shadow home secretary David Davis said: ‘The memos prove in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a frontman for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.
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  • ‘He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it. And in return for what?'For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves’.Davis was backed by a senior diplomat with close knowledge of Blair-Bush relations who said: ‘This memo shows beyond doubt for the first time Blair was committed to the Iraq War before he even set foot in Crawford.'And it shows how the Americans planned to make Blair look an equal partner in the special relationship to bolster his position in the UK.’Blair’s spokesman insisted last night that Powell’s memo was ‘consistent with what he was saying publicly at the time’.The former Prime Minister has always hotly denied the claim that the two men signed a deal ‘in blood’ at Crawford to embark on the war, which started on March 20, 2003. Powell says to Bush: ‘He will present to you the strategic, tactical and public affairs lines that he believes will strengthen global support for our common cause,’ adding that Blair has the presentational skills to ‘make a credible public case on current Iraqi threats to international peace’.Five months after the summit, Downing Street produced the notorious ‘45 minutes from doom’ dossier on Saddam Hussein’s supposed Weapons of Mass Destruction. After Saddam was toppled, the dossier’s claims were exposed as bogus.Nowhere in the memo is a diplomatic route suggested as the preferred option.
  • Instead, Powell says that Blair will also advise on how to ‘handle calls’ for the ‘blessing’ of the United Nations Security Council, and to ‘demonstrate that we have thought through “the day after” ’ – in other words, made adequate provision for a post-Saddam Iraq.Critics of the war say that the lack of post-conflict planning has contributed to the loss of more than 100,000 lives since the invasion – and a power vacuum which has contributed to the rise of Islamic State terrorism.Significantly, Powell warns Bush that Blair has hit ‘domestic turbulence’ for being ‘too pro-U.S. in foreign and security policy, too arrogant and “presidential” ’, which Powell points out is ‘not a compliment in the British context’.Powell also reveals that the splits in Blair’s Cabinet were deeper than was realized: he says that apart from Foreign Secretary Jack Straw and Defence Secretary Geoff Hoon, ‘Blair’s Cabinet shows signs of division, and the British public are unconvinced that military action is warranted now’.Powell says that although Blair will ‘stick with us on the big issues’, he wants to minimisze the ‘political price’ he would have to pay: ‘His voters will look for signs that Britain and America are truly equity partners in the special relationship.’The president certainly did his best to flatter Blair’s ego during the Crawford summit, where he was the first world leader to be invited into Bush’s sanctuary for two nights.
  • Mystery has long surrounded what was discussed at Crawford as advisers were kept out of a key meeting between the two men.Sir Christopher Meyer, who was present in Crawford as Britain’s ambassador to the U.S., told Chilcot that his exclusion meant he was ‘not entirely clear to this day... what degree of convergence was, if you like, signed in blood at the Crawford ranch’.But in public comments during his time at Crawford, Blair denied that Britain was on an unstoppable path to war.‘This is a matter for considering all the options’, he said. ‘We’re not proposing military action at this point in time’.
  • During his appearance before the Chilcot inquiry in January 2010, Blair denied that he had struck a secret deal with Bush at Crawford to overthrow Saddam. Blair said the two men had agreed on the need to confront the Iraqi dictator, but insisted they did not get into ‘specifics’.‘The one thing I was not doing was dissembling in that position,’ he told Chilcot.‘The position was not a covert position, it was an open position. This isn’t about a lie or a conspiracy or a deceit or a deception. It’s a decision. What I was saying... was “We are going to be with you in confronting and dealing with this threat.” ’Pressed on what he thought Bush took from their meeting, he said the president had realized Britain would support military action if the diplomatic route had been exhausted.In his memoirs, Blair again said it was ‘a myth’ he had signed a promise ‘in blood’ to go to war, insisting: ‘I made no such commitment’.Critics who claimed that Blair acted as the ‘poodle’ of the US will point to a reference in Mr Powell’s memo to the fact Mr Blair ‘readily committed to deploy 1,700 commandos’ to Afghanistan ‘even though his experts warn that British forces are overstretched’.The decision made the previous October in the wake of the September 11 attacks led to widespread concern that the UK was entering an open-ended commitment to a bloody conflict in Afghanistan – a concern many critics now say was well-founded.
  • Mr Powell’s memo goes on to say that a recent move by the U.S. to protect its steel industry with tariffs, which had damaged UK exports, was a ‘bitter blow’ for Blair, but he was prepared to ‘insulate our broader relationship from this and other trade disputes’.The memo was included in a batch of 30,000 emails which were received by Mrs Clinton on her private server when she was US Secretary of State between 2009 and 2013.Another document included in the email batch is a confidential briefing for Powell prepared by the U.S. Embassy in London, shortly before the Crawford summit.The memo, dated ‘April 02’, includes a detailed assessment of the effect on Blair’s domestic position if he backs US military action.The document says: ‘A sizeable number of his [Blair’s] MPs remain at present opposed to military action against Iraq... some would favor shifting from a policy of containment of Iraq if they had recent (and publicly usable) proof that Iraq is developing WMD/missiles... most seem to want some sort of UN endorsement for military action.‘Blair’s challenge now is to judge the timing and evolution of America’s Iraq policy and to bring his party and the British people on board.'There have been a few speculative pieces in the more feverish press about Labor [sic] unease re Iraq policy… which have gone on to identify the beginnings of a challenge to Blair’s leadership of the party.
  • 'Former Cabinet member Peter Mandelson, still an insider, called it all "froth". Nonetheless, this is the first time since the 1997 election that such a story is even being printed’.The paper draws on information given to it by Labour ‘spies’, whose identities have been hidden.It states: ‘[name redacted] told us the intention of those feeding the story is not to bring down Blair but to influence him on the Iraq issue’.‘Some MPs would endorse action if they had proof that Iraq has continued to develop WMD since UN inspectors left.‘More would follow if convinced that Iraq has succeeded in developing significant WMD capability and the missiles to deliver it.'Many more would follow if they see compelling evidence that Iraq intends and plans to use such weapons. A clear majority would support military action if Saddam is implicated in the 9/11 attacks or other egregious acts of terrorism’.‘Blair has proved an excellent judge of political timing, and he will need to be especially careful about when to launch a ramped-up campaign to build support for action against Iraq.'He will want neither to be too far in front or behind US policy... if he waits too long, then the keystone of any coalition we wish to build may not be firmly in place. No doubt these are the calculations that Blair hopes to firm up when he meets the President’.A spokesperson for Blair said: ‘This is consistent with what Blair was saying publicly at the time and with Blair’s evidence given to the Chilcot Inquiry’.
  • Stunning memo proves Blair signed up for Iraq even before Americans - comment by former shadow home secretary David DavisThis is one of the most astonishing documents I have ever read.It proves in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a front man for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it.And in return for what? For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves.Blair was content to cynically use Britain’s international reputation for honest dealing in diplomacy, built up over many years, as a shield against worldwide opprobrium for Bush’s ill-considered policy.Judging from this memorandum, Blair signed up for the Iraq War even before the Americans themselves did. It beggars belief.
  • Blair was telling MPs and voters back home that he was still pursuing a diplomatic solution while Colin Powell was telling President Bush: ‘Don’t worry, George, Tony is signed up for the war come what may – he’ll handle the PR for you, just make him look big in return.’It should never be forgotten that a minimum of 120,000 people died as a direct result of the Iraq War.What is truly shocking is the casualness of it all, such as the reference in the memo to ‘the day after’ – meaning the day after Saddam would be toppled.The offhand tone gives the game away: it is patently obvious nobody thought about ‘the day after’ when Bush and Blair met in Crawford.And they gave it no more thought right through to the moment ‘the day after’ came about a year later when Saddam’s statue fell to the ground.We saw the catastrophic so-called ‘de-Baathification’ of Iraq, with the country’s entire civil and military structure dismantled, leading to years of bloodshed and chaos. It has infected surrounding countries to this day and created the vacuum into which Islamic State has stepped.This may well be the Iraq ‘smoking gun’ we have all been looking for.
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Spying by N.S.A. Ally Entangled U.S. Law Firm - NYTimes.com - 0 views

www.nytimes.com/...nsnared-american-law-firm.html surveillance state NSA ASD NSA-targets law-firms
shared by Paul Merrell on 21 Feb 14 - No Cached
  • The list of those caught up in the global surveillance net cast by the National Security Agency and its overseas partners, from social media users to foreign heads of state, now includes another entry: American lawyers. A top-secret document, obtained by the former N.S.A. contractor Edward J. Snowden, shows that an American law firm was monitored while representing a foreign government in trade disputes with the United States. The disclosure offers a rare glimpse of a specific instance in which Americans were ensnared by the eavesdroppers, and is of particular interest because lawyers in the United States with clients overseas have expressed growing concern that their confidential communications could be compromised by such surveillance. Related Coverage Text: Document Describes Eavesdropping on American Law FirmFEB. 15, 2014 The government of Indonesia had retained the law firm for help in trade talks, according to the February 2013 document. It reports that the N.S.A.’s Australian counterpart, the Australian Signals Directorate, notified the agency that it was conducting surveillance of the talks, including communications between Indonesian officials and the American law firm, and offered to share the information.
  • The Australians told officials at an N.S.A. liaison office in Canberra, Australia, that “information covered by attorney-client privilege may be included” in the intelligence gathering, according to the document, a monthly bulletin from the Canberra office. The law firm was not identified, but Mayer Brown, a Chicago-based firm with a global practice, was then advising the Indonesian government on trade issues. On behalf of the Australians, the liaison officials asked the N.S.A. general counsel’s office for guidance about the spying. The bulletin notes only that the counsel’s office “provided clear guidance” and that the Australian agency “has been able to continue to cover the talks, providing highly useful intelligence for interested US customers.” The N.S.A. declined to answer questions about the reported surveillance, including whether information involving the American law firm was shared with United States trade officials or negotiators.
  • Most attorney-client conversations do not get special protections under American law from N.S.A. eavesdropping. Amid growing concerns about surveillance and hacking, the American Bar Association in 2012 revised its ethics rules to explicitly require lawyers to “make reasonable efforts” to protect confidential information from unauthorized disclosure to outsiders.Last year, the Supreme Court, in a 5-to-4 decision, rebuffed a legal challenge to a 2008 law allowing warrantless wiretapping that was brought in part by lawyers with foreign clients they believed were likely targets of N.S.A. monitoring. The lawyers contended that the law raised risks that required them to take costly measures, like traveling overseas to meet clients, to protect sensitive communications. But the Supreme Court dismissed their fears as “speculative.”The N.S.A. is prohibited from targeting Americans, including businesses, law firms and other organizations based in the United States, for surveillance without warrants, and intelligence officials have repeatedly said the N.S.A. does not use the spy services of its partners in the so-called Five Eyes alliance — Australia, Britain, Canada and New Zealand — to skirt the law.
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  • The N.S.A.’s protections for attorney-client conversations are narrowly crafted, said Stephen Gillers, an expert on legal ethics at New York University’s School of Law. The agency is barred from sharing with prosecutors intercepted attorney-client communications involving someone under indictment in the United States, according to previously disclosed N.S.A. rules. But the agency may still use or share the information for intelligence purposes. Andrew M. Perlman, a Suffolk University law professor who specializes in legal ethics and technology issues, said the growth of surveillance was troubling for lawyers. He helped create the bar association’s ethics code revisions that require lawyers to try to avoid being overheard by eavesdroppers. “You run out of options very quickly to communicate with someone overseas,” he said. “Given the difficulty of finding anything that is 100 percent secure, lawyers are in a difficult spot to ensure that all of the information remains in confidence.” 
  • Still, the N.S.A. can intercept the communications of Americans if they are in contact with a foreign intelligence target abroad, such as Indonesian officials. The N.S.A. is then required to follow so-called minimization rules to protect their privacy, such as deleting the identity of Americans or information that is not deemed necessary to understand or assess the foreign intelligence, before sharing it with other agencies. An N.S.A. spokeswoman said the agency’s Office of the General Counsel was consulted when issues of potential attorney-client privilege arose and could recommend steps to protect such information. “Such steps could include requesting that collection or reporting by a foreign partner be limited, that intelligence reports be written so as to limit the inclusion of privileged material and to exclude U.S. identities, and that dissemination of such reports be limited and subject to appropriate warnings or restrictions on their use,” said Vanee M. Vines, the spokeswoman.
  • In justifying the agency’s sweeping powers, the Obama administration often emphasizes the N.S.A.’s role in fighting terrorism and cyberattacks, but disclosures in recent months from the documents leaked by Mr. Snowden show the agency routinely spies on trade negotiations, communications of economic officials in other countries and even foreign corporations.
  • Other documents obtained from Mr. Snowden reveal that the N.S.A. shares reports from its surveillance widely among civilian agencies. A 2004 N.S.A. document, for example, describes how the agency’s intelligence gathering was critical to the Agriculture Department in international trade negotiations. “The U.S.D.A. is involved in trade operations to protect and secure a large segment of the U.S. economy,” that document states. Top agency officials “often rely on SIGINT” — short for the signals intelligence that the N.S.A. eavesdropping collects — “to support their negotiations.”
  • Paul Merrell on 21 Feb 14
     
    Outrageous.
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Obama concedes NSA bulk collection of phone data may be unnecessary | World news | theg... - 0 views

www.theguardian.com/...lection-phone-data-unnecessary surveillance state 215-metadata metadata NSA Obama NSA-reform Snowden indictment amnesty
shared by Paul Merrell on 22 Dec 13 - No Cached
  • President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”
  • Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”
  • The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 
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  • The president also went further than his review panel in suggesting the US needed to rein in its overseas surveillance activities. “We have got to provide more confidence to the international community. In a virtual world, some of these boundaries don’t matter any more,” he said. “The values that we have got as Americans are ones that we have to be willing to apply beyond our borders, perhaps more systematically than we have done in the past.”
  • Conspicuously, Obama declined to rebut one assessment from his surveillance review group – that the bulk collection of US call data was not essential to stopping a terrorist attack. Instead, he contended that there had been “no abuse” of the bulk phone data collection. But in 2009, a judge on the secret surveillance court prevented the NSA from searching through its databases of US phone information after discovering “daily violations” resulting from NSA searches of Americans’ phone records without reasonable suspicion of connections to terrorism. That data was inaccessible to the NSA for almost all of 2009, before the Fisa court was convinced the NSA had sufficient safeguards in place for preventing similar violations
  • In another indication of the shifting landscape on surveillance, the telecoms giant AT&T announced on Friday that it will begin publishing a semi-annual report about its complicity with government surveillance requests. AT&T followed its competitor Verizon, which announced a similar move on Thursday.
  • The first such report is expected for early 2014, Watts said. While technology firms like Yahoo and Google have pushed for greater transparency about providing their customer data to the government, the telecommunications firms – which have cooperated with the NSA since the agency’s 1952 inception – did not join them before the events of the past week.
  • Paul Merrell on 22 Dec 13
     
    Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.   
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How a Court Secretly Evolved, Extending U.S. Spies' Reach - NYTimes.com - 0 views

www.nytimes.com/...tion-extended-spies-reach.html surveillance state NSA CIA FBI FISA-Court legalres must-read
shared by Paul Merrell on 12 Mar 14 - No Cached
  • Previously, with narrow exceptions, an intelligence agency was permitted to disseminate information gathered from court-approved wiretaps only after deleting irrelevant private details and masking the names of innocent Americans who came into contact with a terrorism suspect. The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.
  • The leaked documents that refer to the rulings, including one called the “Large Content FISA” order and several more recent expansions of powers on sharing information, add new details to the emerging public understanding of a secret body of law that the court has developed since 2001. The files help explain how the court evolved from its original task — approving wiretap requests — to engaging in complex analysis of the law to justify activities like the bulk collection of data about Americans’ emails and phone calls.“These latest disclosures are important,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. “They indicate how the contours of the law secretly changed, and they represent the transformation of the Foreign Intelligence Surveillance Court into an interpreter of law and not simply an adjudicator of surveillance applications.”
  • The number of Americans whose unfiltered personal information has been shared among agencies is not clear. Since the Sept. 11 attacks, the court has approved about 1,800 FISA orders each year authorizing wiretaps or physical searches — which can involve planting bugs in homes or offices, or copying hard drives — inside the United States. But the government does not disclose how many people had their private conversations monitored as a result.
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  • The new disclosures come amid a debate over whether the surveillance court, which hears arguments only from the Justice Department, should be restructured for its evolving role. Proposals include overhauling how judges are selected to serve on it and creating a public advocate to provide adversarial arguments when the government offers complex legal analysis for expanding its powers.
  • The Raw Take order, back in 2002, also relaxed limits on sharing private information about Americans with foreign governments. The bar was higher for sharing with outsiders: Raw information was not provided, and even information deemed relevant about a terrorism issue required special approval. Under procedures described in a 1984 report, only the attorney general could authorize such dissemination. But on Aug. 20, 2002, Attorney General John Ashcroft, citing the recent order, secretly issued new procedures allowing the N.S.A. to provide information to foreign governments without his clearance. “If the proposed recipient(s) of the dissemination have a history of human rights abuses, that history should be considered in assessing the potential for economic injury, physical harm, or other restriction of movement, and whether the dissemination should be made,” he wrote.
  • Paul Merrell on 12 Mar 14
     
    NYT publishes a new treasure trove of Snowden documents. This lead article links to documents and links to other articles that link documents. A must-read for those interested in how the FISA Court and Congress "grew" the law governing the scope of permissible surveillance and the scope of who would be given access to the fruits of that surveillance. 
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Feinstein promotes bill to strengthen NSA's hand on warrantless searches | World news |... - 0 views

www.theguardian.com/...rantless-searches-surveillance surveillance state legislation Feinstein NSA law enforcement
shared by Paul Merrell on 17 Nov 13 - No Cached
  • A Senate bill promoted as a surveillance reform would codify the ability of the National Security Agency to search its troves of foreign phone and email communications for Americans’ information, and permit law enforcement agencies to search the vast databases as well. The Fisa Improvements Act, promoted by Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, would both make permanent a loophole permitting the NSA to search for Americans’ identifying information without a warrant – and, civil libertarians fear, contains an ambiguity that might allow the FBI, the DEA and other law enforcement agencies to do the same thing. “For the first time, the statute would explicitly allow the government to proactively search through the NSA data troves of information without a warrant,” said Michelle Richardson, the surveillance lobbyist for the ACLU.
  • “It may also expand current practices by allowing law enforcement to directly access US person information that was nominally collected for foreign intelligence purposes. This fourth amendment back door needs to be closed, not written into stone.” Feinstein’s bill passed the committee on an 11 to 4 vote on 31 October. An expanded report on its provisions released by the committee this week added details about the ability of both intelligence and law enforcement to sift through foreign communications databases that it accumulates under section 702 of the Fisa Amendments Act of 2008. Section 6 of Feinstein’s bill blesses what her committee colleague Ron Wyden, the Oregon Democrat and civil libertarian, has called the “backdoor search provision,” which the Guardian revealed thanks to a leak by Edward Snowden.  The section permits intelligence agencies to search “the contents of communications” collected primarily overseas for identifying information on US citizens, resident aliens and people inside the US, provided that the “purpose of the query is to obtain foreign intelligence information or information necessary to understand foreign intelligence information or to assess its importance.”
  • Section 6 bills itself as a “restriction,” but it would not stop the NSA from performing the warrantless search, merely requiring intelligence agencies to log their queries and make them “available for review” to Congress, the Fisa court, the Justice Department and inspectors general inside the executive branch. Additionally, the report on Section 6 explicitly states that the provision “does not limit the authority of law enforcement agencies to conduct queries of data acquired pursuant to Section 702 of Fisa for law enforcement purposes.” There is ambiguity surrounding whether the FBI can currently search through the NSA’s foreign communications databases, or is reliant on the NSA to pass on information from the databases relevant to the bureau. A declassified Fisa court document from 2011 refers to “FBI minimization procedures,” but it is unclear what those procedures are. A copy of the FBI minimization procedures from 2009, acquired by the ACLU under the Freedom of Information Act is almost completely redacted. So is the section in the government’s most recent report on its Section 702 collection dealing with the FBI’s role, though it contains references to how the FBI “receive[s] … unminimized Section 70 acquired communications” from the NSA. 
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  • Feinstein’s bill “seems to imply there is currently some authority for law enforcement to query the database, which [intelligence community] officials have not mentioned in any of their remarks on Section 702,” said Alan Butler, an attorney with the Electronic Privacy Information Center. The provision is also unclear about whether law enforcement agencies can search through the foreign communications databases for information on US persons. Feinstein’s office did not respond to a request for clarification by deadline. The ambiguity concerns civil libertarians, as it opens a door for law enforcement agencies to sidestep warrant requirements. “If Senator Feinstein or other congressional supporters of this bill believe that it would in fact expand law enforcement access to the database, that would be an unjustified expansion of surveillance over Americans,” Butler said.
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NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

www.theguardian.com/...-likely-unconstitutional-judge surveillance state NSA call-metadata litigation 4th Amendment constitutional law NSA-blowback
shared by Paul Merrell on 17 Dec 13 - No Cached
  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
  • Paul Merrell on 17 Dec 13
     
    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
  • Paul Merrell on 17 Dec 13
     
    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
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Extent of spy agencies' surveillance to be investigated by parliamentary body | UK news... - 0 views

www.theguardian.com/...a-surveillance-inquiry-snowden surveillance state NSA GCHQ NSA-blowback UK-Parliament
shared by Paul Merrell on 19 Oct 13 - No Cached
  • The extent and scale of mass surveillance undertaken by Britain's spy agencies is to be scrutinised in a major inquiry to be formally launched on Thursday.Parliament's intelligence and security committee (ISC), the body tasked with overseeing the work of GCHQ, MI5 and MI6, will say the investigation is a response to concern raised by the leaks from the whistleblower Edward Snowden.Sir Malcolm Rifkind, the committee chair, said "an informed and proper debate was needed". One Whitehall source described the investigation as "a public inquiry in all but name".
  • In a change from its usual protocol, the normally secretive committee also announced that part of its inquiry would be held in public.It will also take written evidence from interested groups and the public, as well as assessing secret material supplied by the intelligence agencies. The Guardian will also consider submitting evidence.
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CIA Assessment on Surviving Secondary Screening - 0 views

wikileaks.org/...press-release.html war & peace CIA leaked-docs passing-border-control
shared by Paul Merrell on 22 Dec 14 - No Cached
  • 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.
  • 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".
  • 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.
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Do We Really Want a New World War With Russia? | New Eastern Outlook - 0 views

m.journal-neo.org/...nt-a-new-world-war-with-russia war & peace Russia weaponos SU-34 electronic-countermeasures Bumblebees
shared by Paul Merrell on 16 Nov 15 - No Cached
  • Washington continues making an international fool of herself by her inability to effectively counter the impression around the world that Russia, spending less than 10% of the Pentagon annually on defense, has managed to do more against ISIS in Syria in six weeks than the mighty US Air Force bombing campaign has done in almost a year and half. One aspect that bears attention is the demonstration by the Russian military of new technologies that belie the widely-held Western notion that Russia is little more than a backward oil and raw material commodity exporter. Recent reorganization of the Russian state military industrial complex as well as reorganization of the Soviet-era armed forces under Defense Minister Sergey Shoigu’s term are visible in the success so far of Russia’s ISIS and other terror strikes across Syria. Clearly Russian military capabilities have undergone a sea-change since the Soviet Cold War era. In war there are never winners. Yet Russia has been in an unwanted war with Washington de facto since the George W. Bush Administration announced its lunatic plan to place what they euphemistically term “Ballistic Missile Defense” missiles and advanced radar in Poland, Czech Republic, Romania and Turkey after 2007. Without going into detail, BMD technologies are the opposite of defensive. They instead make a pre-emptive war highly likely. Of course the radioactive ash heap in such an exchange would be first and foremost the EU countries foolish enough to invite US BMD to their soil.
  • What the Russian General Staff has managed, since the precision air campaign began September 30, has stunned western defense planners with Russian technological feats not expected. Two specific technologies are worth looking at more closely: The Russian Sukoi SU-34 fighter-bomber and what is called the Bumblebee hyperbaric mortar weapon.
  • The plane responsible for some of the most damaging strikes on ISIS and other terror enclaves in Syria is manufactured by the Russian state aircraft industry under the name Sukhoi SU-34. As the Russian news agency RIA Novosti described the aircraft, “The Su-34 is meant to deliver a sufficiently large ordnance load to a predetermined area, hit the target accurately and take evasive action against pursuing enemy planes.” The plane is also designed to deal with enemy fighters in aerial combat such as the US F-16. The SU-34 made a first test flight in 1990 as the collapse of the Soviet Union and the chaos of the Yeltsin years caused many delays. Finally in 2010 the plane was in full production. According to a report in US Defense Industry Daily, among the SU-34 features are: • 8 ton ordnance load which can accommodate precision-guided weapons, as well as R-73/AA-11 Archer and R-77/AA-12 ‘AMRAAMSKI’ missiles and an internal 30mm GSh-301 gun. • Maximum speed of Mach 1.8 at altitude.
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  • • 3,000 km range, extensible to “over 4,000 km” with the help of additional drop tanks. The SU-34 can also refuel in mid-air. • It can fly in TERCOM (Terrain Contour Matching) mode for low-level flight, and has software to execute a number of difficult maneuvers. • Leninets B004 phased array multimode X-band radar, which interleaves terrain-following radar and other modes.
  • Clearly the aircraft is impressive as it has demonstrated against terrorist centers in Syria. Now, however, beginning this month it will add a “game-changer” in the form of a new component. Speaking at the Dubai Air Show on November 12, Igor Nasenkov, the First Deputy General Director of the Radio-Electronic Technologies Concern (KRET) announced that this month, that is in the next few days, SUKHOI SU-34 fighter-bombers will become electronic warfare aircraft as well. Nasenkov explained that the new Khibiny aircraft electronic countermeasures (ECM) systems, installed on the wingtips, will give the SU-34 jets electronic warfare capabilities to launch effective electronic countermeasures against radar systems, anti-aircraft missile systems and airborne early warning and control aircraft. KRET is a holding or group of some 95 Russian state electronic companies formed in 2009 under the giant Russian state military industry holding, Rostec.
  • Russia’s advances in what is euphemistically termed in military jargon, Electronic Counter Measures or ECM, is causing some sleepless nights for the US Pentagon top brass to be sure. In the battles in eastern pro-Russian Ukraine earlier this year, as well as in the Black Sea, and now in Syria, according to ranking US military sources, Russia deployed highly-effective ECM technologies like the Krasukha-4, to successfully jam hostile radar and aircraft. Lt. General Ben Hodges, Commander of US Army Europe (USAREUR) describes Russian ECM capabilities used in Ukraine as “eye-watering,” suggesting some US and NATO officers are more than slightly disturbed by what they see. Ronald Pontius, deputy to Army Cyber Command’s chief, Lt. Gen. Edward Cardon, told a conference in October that, “You can’t but come to the conclusion that we’re not making progress at the pace the threat demands.” In short, Pentagon planners have been caught flat-footed for all the trillions of wasted US taxpayer dollars in recent years thrown at the military industry.
  • During the critical days of the March 2014 Crimean citizens’ referendum vote to appeal for status within Russia, New York Times reporters then in Crimea reported the presence of Russian electronic jamming systems, known as R-330Zh Zhitel, manufactured by Protek in Voronezh, Russia. That state-of-the-art technology was believed to have been used to prevent the Ukrainian Army from invading Crimea before the referendum. Russian forces in Crimea, where Russia had a legal basing agreement with Kiev, reportedly were able to block all communication of Kiev military forces, preventing a Crimean bloodbath. Washington was stunned.
  • Thereafter, in April, 2014, one month after the accession of Crimea into the Russian Federation, President Obama ordered the USS Donald Cook into the Black Sea waters just off Crimea, the home port of Russia’s Black Sea Fleet, to “reassure” EU states of US resolve. Donald Cook was no ordinary guided missile destroyer. It had been refitted to be one of four ships as part of Washington’s Aegis Ballistic Missile Defense System aimed at Russia’s nuclear arsenal. USS Donald Cook boldly entered the Black Sea on April 8 heading to Russian territorial waters. On April 12, just four days later, the US ship inexplicably left the area of the Crimean waters of the Black Sea for a port in NATO-member Romania. From there it left the Black Sea entirely. A report on April 30, 2014 in Russian newspaper Rossiyskaya Gazeta Online titled, “What Frightened the American Destroyer,” stated that while the USS Donald Cook was near Crimean (Russian by that time) waters, a Russian Su-24 Frontal Aviation bomber conducted a flyby of the destroyer. The Rossiyskaya Gazeta went on to write that the Russian SU-24 “did not have bombs or missiles onboard. One canister with the Khibin electronic warfare complex was suspended under the fuselage.” As it got close to the US destroyer, the Khibins turned off the USS Donald Cook’s “radar, combat control circuits, and data transmission system – in short, they turned off the entire Aegis just like we turn off a television by pressing the button on the control panel. After this, the Su-24 simulated a missile launch at the blind and deaf ship. Later, it happened once again, and again – a total of 12 times.”
  • While the US Army denied the incident as Russian propaganda, the fact is that USS Donald Cook never approached Russian Black Sea waters again. Nor did NATO ships that replaced it in the Black Sea. A report in 2015 by the US Army’s Foreign Military Studies Office assessed that Russia, “does indeed possess a growing EW capability, and the political and military leadership understand the importance…Their growing ability to blind or disrupt digital communications might help level the playing field when fighting against a superior conventional foe.” Now new Russian Khibini Electronic Counter Measure systems are being installed on the wingtips of Russia’s SUKHOI SU-34 fighter-bombers going after ISIS in Syria.
  • A second highly-advanced new Russian military technology that’s raising more than eyebrows in US Defense Secretary ‘Ash’ Carter’s Pentagon is Russia’s new Bumblebee which Russia’s military classifies as a flamethrower. In reality it is a highly advanced thermobaric weapon which launches a warhead that uses a combination of an explosive charge and highly combustible fuel. When the rocket reaches the target, the fuel is dispersed in a cloud that is then detonated by the explosive charge. US Military experts recently asked by the US scientific and engineering magazine Popular Mechanics to evaluate the Bumblebee stated that, “the resulting explosion is devastating, radiating a shockwave and fireball up to six or seven meters in diameter.” The US experts noted that the Bumblebee is “especially useful against troops in bunkers, trenches, and even armored vehicles, as the dispersing gas can enter small spaces and allow the fireball to expand inside. Thermobarics are particularly devastating to buildings — a thermobaric round entering a structure can literally blow up the building from within with overpressure.”
  • We don’t go into yet another new highly secret Russian military technology recently subject of a Russian TV report beyond a brief mention, as little is known. It is indicative of what is being developed as Russia prepares for the unthinkable from Washington. The “Ocean Multipurpose System: Status-6” is a new Russian nuclear submarine weapons system designed to bypass NATO radars and any existing missile defense systems, while causing heavy damage to “important economic facilities” along the enemy’s coastal regions. Reportedly the Status-6 will cause what the Russian military terms, “assured unacceptable damage” to an adversary force. They state that its detonation “in the area of the enemy coast” (say, New York or Boston or Washington?) would result in “extensive zones of radioactive contamination” that would ensure that the region would not be used for “military, economic, business or other activity for a long time.” Status-6 reportedly is a massive torpedo, designated as a “self-propelled underwater vehicle.” It has a range of up to 10 thousand kilometers and can operate at a depth of up to 1,000 meters. At a November 10 meeting with the Russian military chiefs, Vladimir Putin stated that Russia would counter NATO’s US-led missile shield program through “new strike systems capable of penetrating any missile defenses.” Presumably he was referring to Status-6.
  • Paul Merrell on 16 Nov 15
     
    Not to mentiont that Russia has deployed its S-400 surface to air defense system to Syria, which is 2 generations later than the currently deployed U.S. Patriot systems. The S-400 can knock down aircraft or missiles flying up to 90,000 feet and travels at over 17,000 mph, very near Earth escape velocity. It has a lateral range of nearly 300 miles.
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The Still-Missing Evidence of Russia-gate - Consortiumnews - 0 views

consortiumnews.com/...issing-evidence-of-russia-gate surveillance state NSA Binney Russia-Gate
shared by Paul Merrell on 03 Jan 18 - No Cached
  • A changing-places moment brought about by Russia-gate is that liberals who are usually more skeptical of U.S. intelligence agencies, especially their evidence-free claims, now question the patriotism of Americans who insist that the intelligence community supply proof to support the dangerous claims about Russian ‘hacking” of Democratic emails especially when some  veteran U.S. government experts say the data would be easily available if the Russians indeed were guilty. One of those experts is William Binney, a former high-level National Security Agency intelligence official who, after his 2001 retirement, blew the whistle on the extraordinary breadth of NSA surveillance programs. His outspoken criticism of the NSA during the George W. Bush administration made him the subject of FBI investigations that included a raid on his home in 2007. Even before Edward Snowden’s NSA whistleblowing, Binney publicly revealed that NSA had access to telecommunications companies’ domestic and international billing records, and that since 9/11 the agency has intercepted some 15 trillion to 20 trillion communications. Snowden has said: “I have tremendous respect for Binney, who did everything he could according to the rules.”
  • I spoke to Binney on Dec. 28 about Russia-gate and a host of topics having to do with spying and America’s expanding national security state.
  • Bernstein: Your expertise was in the Soviet Union and so you must know a lot about bugging.  Do you believe that Russia hacked and undermined our last election?  Can Trump thank Russia for the result? Binney:  We at Veteran Intelligence Professionals for Sanity (VIPS) published an article on this in July.  First of all, if any of the data went anywhere across the fiber optic world, the NSA would know.  Just inside the United States, the NSA has over a hundred tap points on the fiber lines, taking in everything.    Mark Klein exposed some of this at the AT&T facility in San Francisco. This is not for foreigners, by the way, this is for targeting US citizens.  If they wanted only foreigners, all they would have to do was look at the transatlantic cables where they surface on the coast of the United States.  But they are not there, they are distributed among the US population. Bernstein: So if, in fact, the Russians were tapping into DNC headquarters, the NSA would absolutely know about it. Binney: Yes, and they would also have trace routes on where they went specifically, in Russia or anywhere else.  If you remember, about three or four years ago, the Chinese hacked into somewhere in the United States and our government came out and confirmed that it was the Chinese who did it, and it came from a specific military facility in Shanghai.  The NSA had these trace route programs embedded by the hundreds across the US and all around the world.
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  • The other data that came out from Guccifer 2.0, a download from the DNC, has been a charade.  It was a download and not a transfer across the Web.  The Web won’t manage such a high speed.  It could not have gotten across the Atlantic at that high speed.  You would have to have high capacity lines dedicated to that in order to do it. They have been playing games with us.  There is no factual evidence to back up any charge of hacking here. Bernstein: So was this a leak by somebody at Democratic headquarters? Binney: We don’t know that for sure, either.  All we know was that it was a local download.  We can likely attribute it to a USB device that was physically passed along.
  • Right now, our government is violating the first, fourth and fifth amendments in various ways.  Mueller did it, Comey did it, they were all involved in violating the Constitution.
  • Bernstein:  There seems to be a new McCarthyite operation around the Russia-gate investigation.  It appears that it is an attempt to justify the idea that Clinton lost because the Russians undermined the election. Binney: I have seen no evidence at all from anybody, including the intelligence community.  If you look at the Intelligence Community Assessment (ICA) report, they state on the first page that “We have high confidence that the Russians did this.”  But when you get toward the end of the report, they basically confess that “our judgment does not imply that we have evidence to back it up.” Bernstein:  It was initially put out that seventeen intelligence agencies found compelling evidence that the Russians hacked into our election.  You’re saying it was actually selected individuals from just three agencies.  Is there anything to the revelations that FBI agents talked about taking action to prevent Trump from becoming president? Binney: It certainly does seem that it is leaning that way, that is was all a frame-up.  It is a sad time in our history, to see the government working against itself internally. Bernstein:  I take it you are not a big supporter of Trump. Binney:  Well, I voted for him.  I couldn’t vote for a warmonger like Clinton.  She wanted to see our planes shooting down Russian planes in Syria.  She advocated for destabilizing Libya, for getting rid of Assad in Syria, she was a strong backer of the war in Iraq.
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