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Paul Merrell

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

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

As U.S. Weighs Spying Changes, Officials Say Data Sweeps Must Continue - NYTimes.com - 0 views

  • WASHINGTON — The Obama administration has told allies and lawmakers it is considering reining in a variety of National Security Agency practices overseas, including holding White House reviews of the world leaders the agency is monitoring, forging a new accord with Germany for a closer intelligence relationship and minimizing collection on some foreigners.
  • But for now, President Obama and his top advisers have concluded that there is no workable alternative to the bulk collection of huge quantities of “metadata,” including records of all telephone calls made inside the United States. Instead, the administration has hinted it may hold that information for only three years instead of five while it seeks new technologies that would permit it to search the records of telephone and Internet companies, rather than collect the data in bulk in government computers. Gen. Keith B. Alexander, the director of the N.S.A., has told industry officials that developing the new technology would take at least three years.
  • A spokeswoman for the National Security Council, Caitlin M. Hayden, said Monday that the reviews now underway are intended to assure “that we are more effectively weighing the risks and rewards of our activities.” That includes, she said, “ensuring that we are focused above all on threats to the American people.”
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    "ensuring that we are focused above all on threats to the American people."" Err ... Shouldn't that be "ensuring that we are focused above all on threats to the American people's liberties"? No recognition there that the biggest relevant threat to the American people is our own federal government. 
Paul Merrell

S/RES/487 (1981) of 19 June 1981 - 0 views

  • Resolution 487 (1981) Adopted by the Security Council at its 2288th meeting on 19 June 1981 The Security Council, Having considered the agenda contained in document S/Agenda/2280, Having noted the contents of the telegram dated 8 June 1981 from the Foreign Minister of Iraq (S/14509), Having heard the statements made to the Council on the subject at its 2280th through 2288th meetings, Taking note of the statement made by the Director-General of the International Atomic Emergency Agency (IAEA) to the Agency's Board of Governors on the subject on 9 June 1981 and his statement to the Council at its 2288th meeting on 19 June 1981,
  • Further taking note of the resolution adopted by the Board of Governors of the IAEA on 12 June 1981 on the "military attack on the Iraq nuclear research centre and its implications for the Agency" (S/14532), Fully aware of the fact that Iraq has been a party to the Treaty on the Non-Proliferation of Nuclear Weapons since it came into force in 1970, that in accordance with that Treaty Iraq has accepted IAEA safeguards on all its nuclear activities, and that the Agency has testified that these safeguards have been satisfactorily applied to date, Noting furthermore that Israel has not adhered to the non-proliferation Treaty, Deeply concerned about the danger to international peace and security created by the premeditated Israeli air attack on Iraqi nuclear installations on 7 June 1981, which could at any time explode the situation in the area, with grave consequences for the vital interests of all States,
  • Considering that, under the terms of Article 2, paragraph 4, of the Charter of the United Nations: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations", 1. Strongly condemns the military attack by Israel in clear violation of the Charter of the United Nations and the norms of international conduct; 2. Calls upon Israel to refrain in the future from any such acts or threats thereof; 3. Further considers that the said attack constitutes a serious threat to the entire IAEA safeguards regime which is the foundation of the non-proliferation Treaty;
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  • 4. Fully recognizes the inalienable sovereign right of Iraq, and all other States, especially the developing countries, to establish programmes of technological and nuclear development to develop their economy and industry for peaceful purposes in accordance with their present and future needs and consistent with the internationally accepted objectives of preventing nuclear-weapons proliferation; 5. Calls upon Israel urgently to place its nuclear facilities under IAEA safeguards; 6. Considers that Iraq is entitled to appropriate redress for the destruction it has suffered, responsibility for which has been acknowledged by Israel; 7. Requests the Secretary-General to keep the Security Council regularly informed of the implementation of this resolutio
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    In 1981, an Israeli air strike destroyed a nuclear reactor under construction in Iraq. http://en.wikipedia.org/wiki/Osirak The UN Security Council, where the U.S. had and has veto power, promptly issued Resolution 487 condemning Israel for violation of the U.N. Charter provision forbidding the use of force against the territorial integrity of another nation. The resolution also recognized Iraq and all other nations' right to nuclear development for peaceful purposes. Israel was instructed to never do such things in the future. Yet here we stand today with both Israel and the U.S. threatening military strikes against Iran's nuclear facilities.   
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    But our Constitution commands in article VI: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; *and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;* and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding,"  Thus, because the U.S. is still a member of the U.N. Treaty, our Constitution commands that we obey that Treaty and its prohibition against unilateral use of force. There is no applicable exception to the Treaty that would permit the U.S. or Israel to mount an attack on the Iranian nuclear facilities. Thus there is no such exception to the Constitution.
Paul Merrell

National security bill opens the door to expanded control orders and secret evidence | ... - 0 views

  • On Thursday, Attorney-General George Brandis introduced a new national security bill into the Senate. This is the fifth tranche of national security legislation to be introduced into parliament since July 2014.
  • This bill includes a host of new measures designed to address the evolving threat posed by terrorism. These include: a new offence of advocacy of genocide; amendments to the control order regime, so it applies to persons 14 years and older, and new measures to monitor controlees; and clarification of the basis for issuing a preventative detention order. But the bill’s most concerning aspect is the proposal to expand the secrecy provisions available to courts in control order proceedings. Keeping national security information secret in court Since 2004, legislation has been in place to deal with information that is likely to prejudice national security in federal court proceedings. This legislation created a special closed hearing procedure to determine whether national security information could be disclosed in court and, if so, in what form. This process regulates disclosure between the parties – that is, who gets to see what.
  • The bill expands this by creating special provisions that allow the court to consider sensitive material that the controlee and legal representative have not seen in proceedings to impose, confirm or vary a control order. It provides that a court can consider all of the information: contained in an original source document in control order proceedings, even where the controlee and their legal representative have been provided with only a redacted or summarised form of the document; contained in an original source document in control order proceedings, even where the controlee and their legal representative have not been provided with any information contained in the original source document; and provided by a witness, even where the information provided by the witness is not disclosed to the controlee or their legal representative. The bill’s effect is to allow secret evidence into control order proceedings.
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  • “Secret evidence” is that which is not disclosed to an affected party and their legal representative. It is not new. A successful claim of public interest immunity, for example, results in secret material being excluded from the evidence presented in court. What is new in the anti-terror context is legislation that allows the courts to rely on secret evidence in control order proceedings.
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    Australia, along with the UK, cotinues its steady march to the right on national security matters. The admissibility of secret evidence in judicial proceedings is antithetical to notions of Due Process and a fair trial, as well as to public oversight of judicial proceedings.  
Paul Merrell

Remarks by President Obama in Address to the United Nations General Assembly | The Whit... - 0 views

  • Remarks by President Obama in Address to the United Nations General Assembly United Nations General Assembly Hall New York City, New York 10:13 A.M. EDT PRESIDENT OBAMA:  Mr. President, Mr. Secretary General, fellow delegates, ladies and gentlemen:  We come together at a crossroads between war and peace; between disorder and integration; between fear and hope. Around the globe, there are signposts of progress.  The shadow of World War that existed at the founding of this institution has been lifted, and the prospect of war between major powers reduced.  The ranks of member states has more than tripled, and more people live under governments they elected. Hundreds of millions of human beings have been freed from the prison of poverty, with the proportion of those living in extreme poverty cut in half.  And the world economy continues to strengthen after the worst financial crisis of our lives. 
  • And yet there is a pervasive unease in our world -- a sense that the very forces that have brought us together have created new dangers and made it difficult for any single nation to insulate itself from global forces.  As we gather here, an outbreak of Ebola overwhelms public health systems in West Africa and threatens to move rapidly across borders.  Russian aggression in Europe recalls the days when large nations trampled small ones in pursuit of territorial ambition.  The brutality of terrorists in Syria and Iraq forces us to look into the heart of darkness.
  • First, all of us -- big nations and small -- must meet our responsibility to observe and enforce international norms.  We are here because others realized that we gain more from cooperation than conquest. 
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  • Recently, Russia’s actions in Ukraine challenge this post-war order.  Here are the facts.  After the people of Ukraine mobilized popular protests and calls for reform, their corrupt president fled.  Against the will of the government in Kyiv, Crimea was annexed.  Russia poured arms into eastern Ukraine, fueling violent separatists and a conflict that has killed thousands.  When a civilian airliner was shot down from areas that these proxies controlled, they refused to allow access to the crash for days.  When Ukraine started to reassert control over its territory, Russia gave up the pretense of merely supporting the separatists, and moved troops across the border. This is a vision of the world in which might makes right -- a world in which one nation’s borders can be redrawn by another, and civilized people are not allowed to recover the remains of their loved ones because of the truth that might be revealed. America stands for something different.  We believe that right makes might -- that bigger nations should not be able to bully smaller ones, and that people should be able to choose their own future.
  • nd these are simple truths, but they must be defended. America and our allies will support the people of Ukraine as they develop their democracy and economy.  We will reinforce our NATO Allies and uphold our commitment to collective self-defense.  We will impose a cost on Russia for aggression, and we will counter falsehoods with the truth.  And we call upon others to join us on the right side of history -- for while small gains can be won at the barrel of a gun, they will ultimately be turned back if enough voices support the freedom of nations and peoples to make their own decisions. Moreover, a different path is available -- the path of diplomacy and peace, and the ideals this institution is designed to uphold.  The recent cease-fire agreement in Ukraine offers an opening to achieve those objectives.  If Russia takes that path -- a path that for stretches of the post-Cold War period resulted in prosperity for the Russian people -- then we will lift our sanctions and welcome Russia’s role in addressing common challenges.  After all, that’s what the United States and Russia have been able to do in past years -- from reducing our nuclear stockpiles to meeting our obligations under the Nuclear Nonproliferation Treaty, to cooperating to remove and destroy Syria’s declared chemical weapons.  And that’s the kind of cooperation we are prepared to pursue again -- if Russia changes course. 
  • This speaks to a central question of our global age -- whether we will solve our problems together, in a spirit of mutual interest and mutual respect, or whether we descend into the destructive rivalries of the past.  When nations find common ground, not simply based on power, but on principle, then we can make enormous progress.  And I stand before you today committed to investing American strength to working with all nations to address the problems we face in the 21st century.
  • America is pursuing a diplomatic resolution to the Iranian nuclear issue, as part of our commitment to stop the spread of nuclear weapons and pursue the peace and security of a world without them.  And this can only take place if Iran seizes this historic opportunity.  My message to Iran’s leaders and people has been simple and consistent:  Do not let this opportunity pass.  We can reach a solution that meets your energy needs while assuring the world that your program is peaceful.  America is and will continue to be a Pacific power, promoting peace, stability, and the free flow of commerce among nations.  But we will insist that all nations abide by the rules of the road, and resolve their territorial disputes peacefully, consistent with international law. 
  • In other words, on issue after issue, we cannot rely on a rule book written for a different century.  If we lift our eyes beyond our borders -- if we think globally and if we act cooperatively -- we can shape the course of this century, as our predecessors shaped the post-World War II age.  But as we look to the future, one issue risks a cycle of conflict that could derail so much progress, and that is the cancer of violent extremism that has ravaged so many parts of the Muslim world. Of course, terrorism is not new.  Speaking before this Assembly, President Kennedy put it well:  “Terror is not a new weapon,” he said.  “Throughout history it has been used by those who could not prevail, either by persuasion or example.”  In the 20th century, terror was used by all manner of groups who failed to come to power through public support.  But in this century, we have faced a more lethal and ideological brand of terrorists who have perverted one of the world’s great religions.  With access to technology that allows small groups to do great harm, they have embraced a nightmarish vision that would divide the world into adherents and infidels -- killing as many innocent civilians as possible, employing the most brutal methods to intimidate people within their communities.
  • I have made it clear that America will not base our entire foreign policy on reacting to terrorism.  Instead, we’ve waged a focused campaign against al Qaeda and its associated forces -- taking out their leaders, denying them the safe havens they rely on.  At the same time, we have reaffirmed again and again that the United States is not and never will be at war with Islam.  Islam teaches peace.  Muslims the world over aspire to live with dignity and a sense of justice.  And when it comes to America and Islam, there is no us and them, there is only us -- because millions of Muslim Americans are part of the fabric of our country. So we reject any suggestion of a clash of civilizations. Belief in permanent religious war is the misguided refuge of extremists who cannot build or create anything, and therefore peddle only fanaticism and hate.  And it is no exaggeration to say that humanity’s future depends on us uniting against those who would divide us along the fault lines of tribe or sect, race or religion.
  • But this is not simply a matter of words.  Collectively, we must take concrete steps to address the danger posed by religiously motivated fanatics, and the trends that fuel their recruitment.  Moreover, this campaign against extremism goes beyond a narrow security challenge.  For while we’ve degraded methodically core al Qaeda and supported a transition to a sovereign Afghan government, extremist ideology has shifted to other places -- particularly in the Middle East and North Africa, where a quarter of young people have no job, where food and water could grow scarce, where corruption is rampant and sectarian conflicts have become increasingly hard to contain.   As an international community, we must meet this challenge with a focus on four areas.  First, the terrorist group known as ISIL must be degraded and ultimately destroyed.
  • The second:  It is time for the world -- especially Muslim communities -- to explicitly, forcefully, and consistently reject the ideology of organizations like al Qaeda and ISIL.
  • Later today, the Security Council will adopt a resolution that underscores the responsibility of states to counter violent extremism.  But resolutions must be followed by tangible commitments, so we’re accountable when we fall short.  Next year, we should all be prepared to announce the concrete steps that we have taken to counter extremist ideologies in our own countries -- by getting intolerance out of schools, stopping radicalization before it spreads, and promoting institutions and programs that build new bridges of understanding.
  • Third, we must address the cycle of conflict -- especially sectarian conflict -- that creates the conditions that terrorists prey upon.
  • The good news is we also see signs that this tide could be reversed.  We have a new, inclusive government in Baghdad; a new Iraqi Prime Minister welcomed by his neighbors; Lebanese factions rejecting those who try to provoke war.  And these steps must be followed by a broader truce.  Nowhere is this more necessary than Syria.  Together with our partners, America is training and equipping the Syrian opposition to be a counterweight to the terrorists of ISIL and the brutality of the Assad regime.  But the only lasting solution to Syria’s civil war is political -- an inclusive political transition that responds to the legitimate aspirations of all Syrian citizens, regardless of ethnicity, regardless of creed.
  • My fourth and final point is a simple one:  The countries of the Arab and Muslim world must focus on the extraordinary potential of their people -- especially the youth.
  • We recognize as well that leadership will be necessary to address the conflict between Palestinians and Israelis.  As bleak as the landscape appears, America will not give up on the pursuit of peace.  Understand, the situation in Iraq and Syria and Libya should cure anybody of the illusion that the Arab-Israeli conflict is the main source of problems in the region.  For far too long, that's been used as an excuse to distract people from problems at home.  The violence engulfing the region today has made too many Israelis ready to abandon the hard work of peace.  And that's something worthy of reflection within Israel.
  • Because let’s be clear:  The status quo in the West Bank and Gaza is not sustainable.  We cannot afford to turn away from this effort -- not when rockets are fired at innocent Israelis, or the lives of so many Palestinian children are taken from us in Gaza. So long as I am President, we will stand up for the principle that Israelis, Palestinians, the region and the world will be more just and more safe with two states living side by side, in peace and security. So this is what America is prepared to do:  Taking action against immediate threats, while pursuing a world in which the need for such action is diminished.  The United States will never shy away from defending our interests, but we will also not shy away from the promise of this institution and its Universal Declaration of Human Rights -- the notion that peace is not merely the absence of war, but the presence of a better life. 
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    Epic hypocrisy. He bows to international law while waging multiple wars in direct defiance of it. And that's just in the first few paragraphs. It gets worse the farther he gets in his speech.
Paul Merrell

Asia Times Online :: The new Great (Threat) Game in Eurasia - 0 views

  • In Ukraine, the West supported an unconstitutional putsch against an elected government perpetrated, among others, by fascist/neo-nazi storm troopers (Svoboda, Right Sector) instrumentalized by US intelligence. After a Russian counterpunch, US President Barack Obama proclaimed that any referendum in Crimea would "violate the Ukrainian constitution and violate international law." This is just the latest instance in the serial rape of "international law". The rap sheet is humongous, including; NATO bombing Serbia for 78 days in 1999 to allow Kosovo to secede; the 2003 US invasion and subsequent trillion-dollar occupation and civil war creation in Iraq; NATO/AFRICOM bombing Libya in 2011 invoking <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> R2P ("responsibility to protect") as a cover to provoking regime change; US investment in the secession of oil-wealthy South Sudan, so China has to deal with an extra geopolitical headache; and US investment in perennial civil war in Syria.
  • Yet Moscow still (foolishly?) believes international law should be respected - presenting to the UN Security Council classified information on all Western intel/psy-ops moves leading to the coup in Kiev, including "training" provided by Poland and Lithuania, not to mention Turkish intelligence involvement in setting up a second coup in Crimea. Russian diplomats called for an unbiased international investigation. That will never happen; Washington's narrative would be completely debunked. Thus a US veto at the UN. Russian Foreign Minister Sergei Lavrov also called for the Organization for Security and Co-operation in Europe to objectively investigate those snipers shooting everyone on sight in Kiev, as revealed by Estonia's foreign minister to EU foreign policy supremo Catherine "I love Yats" Ashton. According to Russia's ambassador to the UN Vitaly Churkin, "a completely different picture would be drawn compared to what is being depicted by American media and, unfortunately, by some American and European politicians." Needless to say, there will be no investigation.
  • Everyone remembers the "good Taliban", with which the US could negotiate in Afghanistan. Then came the "good al-Qaeda", jihadis the US could support in Syria. Now come the "good neo-nazis", with which the West can do business in Kiev. Soon there will be "the good jihadis supporting neo-nazis", who may be deployed to advance US/NATO and anti-Russian designs in Crimea and beyond. After all, Obama mentor Dr Zbigniew "The Grand Chessboard" Brzezinski is the godfather of good jihadis, fully weaponized to fight the former Soviet Union in Afghanistan. As facts on the ground go, neo-nazis are definitely back as good guys. For the first time since the end of World War II, fascists and neo-nazis are at the helm of a European nation (although Ukraine most of all should be characterized as the key swing nation in Eurasia). Few in the West seem to have noticed it.
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  • The cast of characters include Ukrainian interim defense minister and former student at the Pentagon Ihor Tenyukh; deputy prime minister for economic affairs and Svoboda ideologue Oleksandr Sych; agro-oligarch minister of agriculture Ihor Svaika (Monsanto, after all, needs a chief enforcer); National Security Council chief and Maidan commander of Right Sector neo-nazis Andry Parubiy; and deputy National Security Council chief Dmytro Yarosh, the founder Right Sector. Not to mention Svoboda leader Oleh Tyanhybok, a close pal of John McCain and Victoria "F**k the EU" Nuland, and active proponent of an Ukraine free from the "Muscovite-Jewish mafia." As the Kremlin refuses to deal with this bunch and the upcoming March 16 referendum in Crimea is practically a done deal, Team "Yats" is fully legitimized, with honors, by Team Obama, leader included, in Washington. To quote Lenin, what is to be done? A close reading of President Putin's moves would suggest an answer: nothing. As in just waiting, while outsourcing the immediate future of a spectacularly bankrupt Ukraine to the EU. The EU is impotent to rescue even the Club Med countries. Inevitably, sooner or later, threat of sanctions or not, it will come crawling back to Moscow seeking "concessions", so Russia may also foot the bill.
  • Meanwhile, the New Great (Threat) Game in Eurasia advances unabated. Moscow would willingly compromise on a neutral Ukraine - even with neo-nazis in power in Kiev. But an Ukraine attached to NATO is an absolute red line. By the way, NATO is "monitoring" Ukraine with AWACS deployed in Polish and Romanian airspace. So as the much lauded "reset" between the Kremlin and the Obama administration is for all practical purposes six feet under (with no Hollywood-style second coming in the cards), what's left is the dangerous threat game. Deployed not only by the Empire, but also by the minions. That monster collection of Magritte-style faceless bureaucrats at the European Commission (EU), following on the non-stop threat of EU sanctions, has decided to delay a decision on whether Gazprom may sell more gas through the OPAL pipeline in Germany, and also delay negotiations on the legal status of South Stream, the pipeline under the Black Sea which should become operational in 2015.
  • As if the EU had any feasible Plan B to escape its dependency on Russian gas (not to mention eschew the very profitable financial game played between key European capitals and Moscow). What are they do, import gas on Qatar Airways flights? Buy LNG from the US - something that will not be feasible in years to come? The fact is the minute a gas war is on, if it ever comes down to it, the EU will be under immense pressure by a host of member-nations to keep (and even extend) its Russian gas fix - with or without "our (neo-nazi) bastards" in power in Kiev. Brussels knows it. And most of all, Vlad the Hammer knows it.
  •  
    Pepe Escobar, again.
Paul Merrell

Maybe Obama's Sanctions on Venezuela are Not Really About His "Deep Concern" Over Suppr... - 0 views

  • The White House on Monday announced the imposition of new sanctions on various Venezuelan officials, pronouncing itself “deeply concerned by the Venezuelan government’s efforts to escalate intimidation of its political opponents”: deeply concerned. President Obama also, reportedly with a straight face, officially declared that Venezuela poses “an extraordinary threat to the national security” of the U.S. — a declaration necessary to legally justify the sanctions. Today, one of the Obama administration’s closest allies on the planet, Saudi Arabia, sentenced one of that country’s few independent human rights activists, Mohammed al-Bajad, to 10 years in prison on “terrorism” charges. That is completely consistent with that regime’s systematic and extreme repression, which includes gruesome state beheadings at a record-setting rate, floggings and long prison terms for anti-regime bloggers, executions of those with minority religious views, and exploitation of terror laws to imprison even the mildest regime critics. Absolutely nobody expects the “deeply concerned” President Obama to impose sanctions on the Saudis — nor on any of the other loyal U.S. allies from Egypt to the UAE whose repression is far worse than Venezuela’s. Perhaps those who actually believe U.S. proclamations about imposing sanctions on Venezuela in objection to suppression of political opposition might spend some time thinking about what accounts for that disparity.
  • That nothing is more insincere than purported U.S. concerns over political repression is too self-evident to debate. Supporting the most repressive regimes on the planet in order to suppress and control their populations is and long has been a staple of U.S. (and British) foreign policy. “Human rights” is the weapon invoked by the U.S. Government and its loyal media to cynically demonize regimes that refuse to follow U.S. dictates, while far worse tyranny is steadfastly overlooked, or expressly cheered, when undertaken by compliant regimes, such as those in Riyadh and Cairo (see this USA Today article, one of many, recently hailing the Saudis as one of the “moderate” countries in the region). This is exactly the tactic that leads neocons to feign concern for Afghan women or the plight of Iranian gays when doing so helps to gin up war-rage against those regimes, while they snuggle up to far worse but far more compliant regimes. Any rational person who watched the entire top echelon of the U.S. government drop what they were doing to make a pilgrimage to Riyadh to pay homage to the Saudi monarchs (Obama cut short a state visit to India to do so), or who watches the mountain of arms and money flow to the regime in Cairo, would do nothing other than cackle when hearing U.S. officials announce that they are imposing sanctions to punish repression of political opposition. And indeed, that’s what most of the world outside of the U.S. and Europe do when they hear such claims. But from the perspective of U.S. officials, that’s fine, because such pretenses to noble intentions are primarily intended for domestic consumption.
  • As for Obama’s decree that Venezuela now poses an “extraordinary threat to the national security” of the United States, is there anyone, anywhere, that wants to defend the reasonability of that claim? Think about what it says about our discourse that Obama officials know they can issue such insultingly false tripe with no consequences. But what’s not too obvious to point out is what the U.S is actually doing in Venezuela. It’s truly remarkable how the very same people who demand U.S. actions against the democratically elected government in Caracas are the ones who most aggressively mock Venezuelan leaders when they point out that the U.S. is working to undermine their government. The worst media offender in this regard is The New York Times, which explicitly celebrated the 2002 U.S.-supported coup of Hugo Chavez as a victory for democracy, but which now regularly derides the notion that the U.S. would ever do something as untoward as undermine the Venezuelan government. Watch this short video from Monday where the always-excellent Matt Lee of Associated Press questions a State Department spokesperson this week after she said it was “ludicrous” to think that the U.S. would ever do such a thing:
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  • The real question is this: if concern over suppression of political rights is not the real reason the U.S. is imposing new sanctions on Venezuela (perish the thought!), what is? Among the most insightful commentators on U.S. policy in Latin America is Mark Weisbrot of Just Foreign Policy. Read his excellent article for Al Jazeera on the recent Obama decree on Venezuela. In essence, Venezuela is one of the very few countries with significant oil reserves which does not submit to U.S. dictates, and this simply cannot be permitted (such countries are always at the top of the U.S. government and media list of Countries To Be Demonized). Beyond that, the popularity of Chavez and the relative improvement of Venezuela’s poor under his redistributionist policies petrifies neoliberal institutions for its ability to serve as an example; just as the Cuban economy was choked by decades of U.S. sanctions and then held up by the U.S. as a failure of Communism, subverting the Venezuelan economy is crucial to destroying this success. As Weisbrot notes, every country in the hemisphere except for the U.S. and Canada have united to oppose U.S. sanctions on Venezuela. The Community of Latin American and Caribbean States (CELAC) issued a statement in February in response to the prior round of U.S. sanctions on Venezuela that “reiterates its strong repudiation of the application of unilateral coercive measures that are contrary to international law.” This week, the chief of the Union of South American Nations (UNASUR) issued a statement announcing that “UNASUR rejects any external or internal attempt at interference that seeks to disrupt the democratic process in Venezuela.” Weisbrot compares Obama’s decree this week on Venezuela to President Reagan’s quite similar 1985 decree that Nicaragua was a national security threat to the U.S., and notes: “The Obama administration is more isolated today in Latin America than even George W. Bush’s administration was.”
  • If Obama and supporters want the government of Venezuela to be punished and/or toppled because they refuse to comply with U.S. dictates, they should at least be honest about their beliefs so that their true character can be seen. Pretending that any of this has to do with the U.S. Government’s anger over suppression of political opponents — when their closest allies are the world champions at that — should be too insulting of everyone’s intelligence to even be an option.
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

Tomgram: Shamsi and Harwood, An Electronic Archipelago of Domestic Surveillance | TomDi... - 0 views

  • Uncle Sam’s Databases of Suspicion A Shadow Form of National ID
  • We do know that the nation’s domestic-intelligence network is massive, including at least 59 federal agencies, over 300 Defense Department units, and approximately 78 state-based fusion centers, as well as the multitude of law enforcement agencies they serve. We also know that local law enforcement agencies have themselves raised concerns about the system’s lack of privacy protections.
  • The SAR database is part of an ever-expanding domestic surveillance system established after 9/11 to gather intelligence on potential terrorism threats. At an abstract level, such a system may seem sensible: far better to prevent terrorism before it happens than to investigate and prosecute after a tragedy. Based on that reasoning, the government exhorts Americans to “see something, say something” -- the SAR program’s slogan. Indeed, just this week at a conference in New York City, FBI Director James Comey asked the public to report any suspicions they have to authorities. “When the hair on the back of your neck stands, listen to that instinct and just tell somebody,” said Comey. And seeking to reassure those who do not want to get their fellow Americans in trouble based on instinct alone, the FBI director added, “We investigate in secret for a very good reason, we don't want to smear innocent people.”
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  • At a fundamental level, suspicious activity reporting, as well as the digital and physical infrastructure of networked computer servers and fusion centers built around it, depends on what the government defines as suspicious.  As it happens, this turns out to include innocuous, First Amendment-protected behavior. As a start, a little history: the Nationwide Suspicious Activity Reporting Initiative was established in 2008 as a way for federal agencies, law enforcement, and the public to report and share potential terrorism-related information. The federal government then developed a list of 16 behaviors that it considered “reasonably indicative of criminal activity associated with terrorism.” Nine of those 16 behaviors, as the government acknowledges, could have nothing to do with criminal activity and are constitutionally protected, including snapping photographs, taking notes, and “observation through binoculars.”
  • There are any number of problems with this approach, starting with its premise.  Predicting who exactly is a future threat before a person has done anything wrong is a perilous undertaking. That’s especially the case if the public is encouraged to report suspicions of neighbors, colleagues, and community members based on a “hair-on-the-back-of-your-neck” threshold. Nor is it any comfort that the FBI promises to protect the innocent by investigating “suspicious” people in secret. The civil liberties and privacy implications are, in fact, truly hair-raising, particularly when the Bureau engages in abusive and discriminatory sting operations and other rights violations.
  • A few months later, a scathing report from the Senate subcommittee on homeland security described similar intelligence problems in state-based fusion centers. It found that Department of Homeland Security (DHS) personnel assigned to the centers “forwarded ‘intelligence’ of uneven quality -- oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections... and more often than not unrelated to terrorism.”
  • Law enforcement officials, including the Los Angeles Police Department’s top counterterrorism officer, have themselves exhibited skepticism about suspicious activity reporting (out of concern with the possibility of overloading the system). In 2012, George Washington University’s Homeland Security Policy Institute surveyed counterterrorism personnel working in fusion centers and in a report generally accepting of SARs noted that the program had “flooded fusion centers, law enforcement, and other security outfits with white noise,” complicating “the intelligence process” and distorting “resource allocation and deployment decisions.” In other words, it was wasting time and sending personnel off on wild goose chases.
  • Under federal regulations, the government can only collect and maintain criminal intelligence information on an individual if there is a “reasonable suspicion” that he or she is “involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.” The SAR program officially lowered that bar significantly, violating the federal government’s own guidelines for maintaining a “criminal intelligence system.” There’s good reason for, at a minimum, using a reasonable suspicion standard. Anything less and it’s garbage in, garbage out, meaning counterterrorism “intelligence” databases become anything but intelligent.
  • yet another burgeoning secret database that the federal government calls its “consolidated terrorism watchlist.” Inclusion in this database -- and on government blacklists that are generated from it -- can bring more severe repercussions than unwarranted law enforcement attention. It can devastate lives.
  • There is hope, however. In August, four years after the ACLU filed a lawsuit on behalf of 13 people on the no-fly list, a judge ruled that the government’s redress system is unconstitutional. In early October, the government notified Mashal and six others that they were no longer on the list. Six of the ACLU’s clients remain unable to fly, but at least the government now has to disclose just why they have been put in that category, so that they can contest their blacklisting. Soon, others should have the same opportunity.
  • As of August 2013, there were approximately 47,000 people, including 800 U.S. citizens and legal permanent residents like Mashal, on that secretive no-fly list, all branded as “known or suspected terrorists.” All were barred from flying to, from, or over the United States without ever being given a reason why. On 9/11, just 16 names had been on the predecessor “no transport” list. The resulting increase of 293,650% -- perhaps more since 2013 -- isn’t an accurate gauge of danger, especially given that names are added to the list based on vague, broad, and error-prone standards.
  • The No Fly List is only the best known of the government’s web of terrorism watchlists. Many more exist, derived from the same master list.  Currently, there are more than one million names in the Terrorist Identities Datamart Environment, a database maintained by the National Counterterrorism Center. This classified source feeds the Terrorist Screening Database (TSDB), operated by the FBI’s Terrorist Screening Center. The TSDB is an unclassified but still secret list known as the “master watchlist.” containing what the government describes as “known or suspected terrorists,” or KSTs.
  • Nothing encapsulates the post-9/11, Alice-in-Wonderland inversion of American notions of due process more strikingly than this “blacklist first, innocence later... maybe” mindset. The Terrorist Screening Database is then used to fill other lists. In the context of aviation, this means the no-fly list, as well as the selectee and expanded selectee lists. Transportation security agents subject travelers on the latter two lists to extra screenings, which can include prolonged and invasive interrogation and searches of laptops, phones, and other electronic devices. Around the border, there’s the State Department’s Consular Lookout and Support System, which it uses to flag people it thinks shouldn’t get a visa, and the TECS System, which Customs and Border Protection uses to determine whether someone can enter the country.
  • According to documents recently leaked to the Intercept, as of August 2013 that master watchlist contained 680,000 people, including 5,000 U.S. citizens and legal permanent residents. The government can add people’s names to it according to a shaky “reasonable suspicion” standard. There is, however, growing evidence that what’s “reasonable” to the government may only remotely resemble what that word means in everyday usage. Information from a single source, even an uncorroborated Facebook post, can allow a government agent to watchlist an individual with virtually no outside scrutiny. Perhaps that’s why 40% of those on the master watchlist have “no recognized terrorist group affiliation,” according to the government’s own records.
  • This opens up the possibility of increased surveillance and tense encounters with the police, not to speak of outright harassment, for a large but undivulged number of people. When a police officer stops a person for a driving infraction, for instance, information about his or her KST status will pop up as soon a driver’s license is checked.  According to FBI documents, police officers who get a KST hit are warned to “approach with caution” and “ask probing questions.” When officers believe they’re about to go face to face with a terrorist, bad things can happen. It’s hardly a stretch of the imagination, particularly after a summer of police shootings of unarmed men, to suspect that an officer approaching a driver whom he believes to be a terrorist will be quicker to go for his gun. Meanwhile, the watchlisted person may never even know why his encounters with police have taken such a peculiar and menacing turn. According to the FBI's instructions, under no circumstances is a cop to tell a suspect that he or she is on a watchlist.
  • Inside the United States, no watchlist may be as consequential as the one that goes by the moniker of the Known or Appropriately Suspected Terrorist File. The names on this blacklist are shared with more than 17,000 state, local, and tribal police departments nationwide through the FBI’s National Crime Information Center (NCIC). Unlike any other information disseminated through the NCIC, the KST File reflects mere suspicion of involvement with criminal activity, so law enforcement personnel across the country are given access to a database of people who have secretly been labeled terrorism suspects with little or no actual evidence, based on virtually meaningless criteria.
  • And once someone is on this watchlist, good luck getting off it. According to the government’s watchlist rulebook, even a jury can’t help you. “An individual who is acquitted or against whom charges are dismissed for a crime related to terrorism,” it reads, “may nevertheless meet the reasonable standard and appropriately remain on, or be nominated to, the Terrorist Watchlist.” No matter the verdict, suspicion lasts forever.
  • The SARs program and the consolidated terrorism watchlist are just two domestic government databases of suspicion. Many more exist. Taken together, they should be seen as a new form of national ID for a growing group of people accused of no crime, who may have done nothing wrong, but are nevertheless secretly labeled by the government as suspicious or worse. Innocent until proven guilty has been replaced with suspicious until determined otherwise. Think of it as a new shadow system of national identification for a shadow government that is increasingly averse to operating in the light. It’s an ID its “owners” don’t carry around with them, yet it’s imposed on them whenever they interact with government agents or agencies. It can alter their lives in disastrous ways, often without their knowledge. And they could be you. If this sounds dystopian, that’s because it is.
Paul Merrell

Multiple Polls: Americans Are More Afraid of the GOVERNMENT than TERRORISTS Washington'... - 0 views

  • According to a pair of recent polls, for the first time since the 9/11 terrorist hijackings, Americans are more fearful their government will abuse constitutional liberties than fail to keep its citizens safe. Even in the wake of the April 15 Boston Marathon bombing – in which a pair of Islamic radicals are accused of planting explosives that took the lives of 3 and wounded over 280 – the polls suggest Americans are hesitant to give up any further freedoms in exchange for increased “security.” A Fox News survey polling a random national sample of 619 registered voters the day after the bombing found despite the tragic event, those interviewed responded very differently than following 9/11. For the first time since a similar question was asked in May 2001, more Americans answered “no” to the question, “Would you be willing to give up some of your personal freedom in order to reduce the threat of terrorism?”
  • Of those surveyed on April 16, 2013, 45 percent answered no to the question, compared to 43 percent answering yes. In May 2001, before 9/11, the balance was similar, with 40 percent answering no to 33 percent answering yes. But following the terrorist attacks of 9/11, the numbers flipped dramatically, to 71 percent agreeing to sacrifice personal freedom to reduce the threat of terrorism. Subsequent polls asking the same question in 2002, 2005 and 2006 found Americans consistently willing to give up freedom in exchange for security. Yet the numbers were declining from 71 percent following 9/11 to only 54 percent by May 2006. Now, it would seem, the famous quote widely attributed to Benjamin Franklin – “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety” – is holding more sway with Americans than it has in over a dozen years.
  • A similar poll sampling 588 adults, conducted on April 17 and 18 for the Washington Post, also discovered the change in attitude. “Which worries you more,” the Post asked, “that the government will not go far enough to investigate terrorism because of concerns about constitutional rights, or that it will go too far in compromising constitutional rights in order to investigate terrorism?” The poll found 48 percent of respondents worry the government will go too far, compared to 41 percent who worry it won’t go far enough. And similar to the Fox News poll, the Post found the worry to be a fresh development, as only 44 percent worried the government would go too far in January 2006 and only 27 percent worried the government would go too far in January 2010.
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  • The Fox News poll found that a bare majority of Democrats (51%) would give up more personal freedom to reduce the threat of terror, while only 47% of Republicans – and a mere 29% of independents – would do so. This is not entirely surprising. As we noted in February: For years, “conservative” pollsters have said that Americans are furious at the government: Rasmussen noted in 2010 that only a small minority of the American people think that the government has the consent of the governed, and that the sentiment was “pre-revolutionary” Gallup noted in 2011 that a higher percentage of American liked King George during the colonial days than currently like Congress
  • And last year, Gallup noted that trust was plummeting in virtually all institutions Liberals may be tempted to think that this is a slanted perspective. But non-partisan and liberal pollsters are saying the same thing: An NBC News/Wall Street Journal poll from 2011 found that 76% of Americans believe that the country’s current financial and political structures favor the rich over the rest of the country The Washington Post reported in 2011 that Congress was less popular than communism, BP during the Gulf oil spill or Nixon during Watergate
  • Public Policy Polling added last month that Congress is also less popular than cockroaches, lice, root canals, colonoscopies, traffic jams, used car salesman and Genghis Khan And the liberal Pew Charitable Trusts noted last week that – for the first time – a majority of the public says that the federal government threatens their personal rights and freedoms: The latest national survey by the Pew Research Center for the People & the Press, conducted Jan. 9-13 among 1,502 adults, finds that 53% think that the federal government threatens their own personal rights and freedoms while 43% disagree. In March 2010, opinions were divided over whether the government represented a threat to personal freedom; 47% said it did while 50% disagreed. In surveys between 1995 and 2003, majorities rejected the idea that the government threatened people’s rights and freedoms.
  • *** The survey finds continued widespread distrust in government. About a quarter of Americans (26%) trust the government in Washington to do the right thing just about always or most of the time; 73% say they can trust the government only some of the time or volunteer that they can never trust the government. *** Majorities across all partisan and demographic groups express little or no trust in government. Obviously, Democrats are currently more trusting in government than Republicans. For example: The Pew Research Center’s 2010 study of attitudes toward government found that, since the 1950s, the party in control of the White House has expressed more trust in government than the so-called “out party.”
  • But given that even a growing percentage of Dems believe that government is a threat to their freedom, things are indeed getting interesting … It doesn’t help that the government claims the power to assassinate American citizens living on U.S. soil, indefinitely detain Americans without trial, spy on everyone and otherwise intrude into every aspect of our lives. Postscript: What are the actual risks coming from government versus terrorism?  That’s an interesting question.
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    From 2013, not long after the Boston Bombing. I never had much respect for those willing to surrender my liberties so they could feel a bit more secure. "Security is mostly a superstition. It does not exist in nature, nor do the children of men as a whole experience it. Avoiding danger is no safer in the long run than outright exposure. Life is either a daring adventure, or nothing." Helen Keller, The Open Door (1957).
Paul Merrell

White House: Al Qaeda in Iraq now 'transnational threat' | TheHill - 0 views

  • Al Qaeda's violent resurgence in Iraq and expansion into Syria now represents a "transnational threat network" that could possibly reach from the Mideast to the United States, according to the White House. The teaming of al Qaeda's Iraqi cell and affiliated Islamic militant groups in Syria into the new Islamic State of Iraq and al-Sham (ISIS) has developed into "a major emerging threat to Iraqi stability . . . and to us," a senior administration official told reporters on Wednesday. "It is a fact now that al Qaeda has a presence in Western Iraq" extending into Syria, "that Iraqi forces are unable to target," the official said. That growing presence "that has accelerated in the past six to eight months" has been accompanied by waves of bombings and attacks that threaten to throw Iraq into a full-blown civil war. 
  • Keeping ISIS from destabilizing the Iraqi government and expanding into other areas in the region is a "major focus" of this week's visit by Iraqi Prime Minister Nouri al Maliki to Washington. The Iraqi delegation met with Vice President Joe Biden Wednesday morning, and will meet with congressional leaders later in the day. Top defense lawmakers are already sounding the alarm on ISIS growth in the region and the threat posed by the al Qaeda faction to Iraq, Syria and ultimately the United States. "As the situation in both countries grows worse . . . we are deeply concerned that Al-Qaeda could use its new safe haven in Iraq and Syria to launch attacks against U.S. interests and those of our friends and allies," Sen. John McCain (R-Ariz.) along with Senate Armed Services Committee chief Carl Levin (D-Mich.), ranking member Jim Inhofe (R-Okla.) wrote in a letter to President Obama. Senate Foreign Relations heads Sens. Robert Menendez (D-NJ) and Bob Corker (R-Tenn.) also co-signed the letter, sent to the White House on Tuesday. 
  • "We urge you to press [al-Maliki] to formulate a comprehensive political and security strategy that can stabilize the country, enable Iraq to realize its vast potential, and help to safeguard our nation’s enduring national security interests in Iraq," they wrote. One area lawmakers are pressing the White House and Iraqi government on is increased U.S. assistance for counterterrorism operations in the country, backed by supplies of American military weapons and intelligence. 
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  • Iraqi officials reportedly reached out to U.S. intelligence officials to see if American drones could begin conducting airstrikes against ISIS targets in Western Iraq. When asked whether the White House was considering expediting those weapon sales to Iraq, the official replied: "I will leave it up to the Iraqis to make that case." That said, the administration "is working closely with Congress" to facilitate the kind of military and intelligence aid being sought by al-Maliki from the United States. Counterterrorism support is evaluated "country by country and in Iraq that is [especially] complicated," the official said, noting the long-standing tribal and sectarian ties woven into the country's makeup. 
  • That said, the White House official ruled out the possibility of putting U.S. boots back on the ground in Iraq, in the form of military trainers, as part of any counterterrorism strategy. The White House and Pentagon failed to reach a bilateral security deal with Baghdad that would allow a handful of American troops to remain in the country after the U.S. pullout in 2011. That lack of a deal prevented Washington from fielding a postwar force in Iraq after the final withdrawal in December of that year. White House critics claim Obama's inability to lock in a postwar deal with Iraq opened the door for al Qaeda's return to power in the country. 
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    Let's see if I've got this straight. Our previous wars in Iraq and Afghanistan resulted in massive recruitment by "terrorists" who now threat our shores once again. Therefore, we should launch a third war in Iraq or at least raining Hellfire missiles on Iraq from drones. This logic seems to ignore the immutable fact that it is U.S. violence in the region that converts peaceful Arab citizens into "terrorists." The message is clear: end our military involvement in the Mideast and northern Africa. But that message seems to fall on deaf ears in Washington, D.C. That is because this is not about terrorists at all. It is about control of Pipelinestan and profits in the military-industrial complex.   
Gary Edwards

Saul Alinsky Leaves the White House | The American Spectator - 0 views

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    "When Barack Obama leaves the White House tomorrow, he leaves with his worst dreams unrealized. Still, what he leaves behind is awful. Thank goodness he'll be gone. The very day after Obama was elected in 2008, I predicted in this space that his team would steal the Senate by hook and crook (see: Al Franken); nuke the filibuster at least for judicial nominees; liberalize voting laws (or enforcement thereof) to make fraud easier while charging opponents with "vote suppression"; drum up spurious allegations of civil rights violations; punish anti-abortion protesters; enact "copious new regulations, especially environmental, to be used selectively to ensnare other conservative malcontents"; invasively use the IRS to harass conservative organizations; and tacitly encourage civil unrest in furtherance of Obamite goals. All those predictions of course came true. Obama and company also waged bureaucratic war against independent inspectors general; tried their hardest (even illegally) to hobble fossil fuels industries; evaded Congress's intent by sending cash and uranium to a near-nuclear-ready Iran; fumbled and stumbled while veterans suffered virtually criminal neglect; wasted hundreds of billions of taxpayer dollars on projects that were not "shovel-ready" and did not create many jobs; oversaw an economy in which the workforce participation rate dropped to historically low levels while real median household income also fell and personal debt rose, and in which food stamp rolls grew to a number larger than the population of Spain; horrendously politicized the Justice Department; and saw race relations worsen for the first time in decades. In what should have been treated by the media as major scandals (or more major than the media represented them), the Obama administration encouraged illegal gun-running to Mexican cartels, with untold numbers of resultant deaths; failed to provide adequate security before or rescue during the Benghazi tragedy; provide
Paul Merrell

Disclosing Classified Info to the Press - With Permission | - 0 views

  • Intelligence officials disclosed classified information to members of the press on at least three occasions in 2013, according to a National Security Agency report to Congress that was released last week under the Freedom of Information Act. See Congressional Notification — Authorized Disclosures of Classified Information to Media Personnel, NSA memorandum to the staff director, House Permanent Select Committee on Intelligence, December 13, 2013. The specific information that NSA gave to the unnamed reporters was not declassified. But the disclosures were not “leaks,” or unauthorized disclosures. They were, instead, authorized disclosures. For their part, the reporters agreed not to disseminate the information further. “Noteworthy among the classified topics disclosed were NSA’s use of metadata to locate terrorists, the techniques we use and the processes we follow to assist in locating hostages, [several words deleted] overseas support to the warfighter and U.S. allies in war zones, and NSA support to overall USG efforts to mitigate cyber threats. The [deleted] personnel executed non-disclosure agreements that covered all classified discussions.” In one case, “classified information was disclosed in order to correct inaccurate understandings held by the reporter about the nature and circumstances of [deleted].” On another occasion, “classified information was disclosed in an effort to limit or avoid reporting that could lead to the loss of the capability [deleted].”
  • In all three cases, “the decision to disclose classified information was made in consultation with the Director of National Intelligence pursuant to Executive Order 13526, and in each case the information disclosed remains properly classified.” This seems like a generous interpretation of the Executive Order, which does not mention disclosures to the press at all. It does say, in section 4.2(b) that “In an emergency, when necessary to respond to an imminent threat to life or in defense of the homeland, the agency head or any designee may authorize the disclosure of classified information […] to an individual or individuals who are otherwise not eligible for access.” In an emergency, then, but not just “to correct inaccurate understandings.” Still, the report accurately reflects the true instrumental nature of the classification system. That is, the protection of classified information under all circumstances is not a paramount goal. National security secrecy is a tool to be used if it advances the national interest (and is consistent with law and policy) and to be set aside when it does not. So hypocrisy in the handling of classified information is not an issue here. The concern, rather, is that the power of selective disclosure of classified material can be easily abused to manage and to manipulate public perceptions. The congressional requirement to report on authorized disclosures of classified information to the press may help to mitigate that danger.
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    This would set up an interesting Freedom of Information Act case aimed at resolving the issue whether the "authorized" disclosures established a waiver of the FOIA exemption for national security information. A waiver, viewed most simplistically, is any conduct that is inconsistent with later assertion of a right. Deliberate disclosure to anyone who lacks a national security clearance would seem to be inconsistent with later assertion of the exemption. That the purpose of the disclosures was to adjust the attitudes of press members seems a very poor justification in that it establishes particular reporters as a class of persons entitled to more disclosure than other members of the public. Yet the Supreme Court has held time and again that journalists have no more right to access government information than any other member of the public. So there is a strong argument that everyone should be entitled to the same disclosures.
Paul Merrell

CURIA - Documents - 0 views

  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
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    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
Paul Merrell

Western Spy Agencies Secretly Rely on Hackers for Intel and Expertise - The Intercept - 0 views

  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
  • By looking out for hacking conducted “both by state-sponsored and freelance hackers” and riding on the coattails of hackers, Western intelligence agencies have gathered what they regard as valuable content: Recently, Communications Security Establishment Canada (CSEC) and Menwith Hill Station (MHS) discovered and began exploiting a target-rich data set being stolen by hackers. The hackers’ sophisticated email-stealing intrusion set is known as INTOLERANT. Of the traffic observed, nearly half contains category hits because the attackers are targeting email accounts of interest to the Intelligence Community. Although a relatively new data source, [Target Offices of Primary Interest] have already written multiple reports based on INTOLERANT collect. The hackers targeted a wide range of diplomatic corps, human rights and democracy activists and even journalists: INTOLERANT traffic is very organized. Each event is labeled to identify and categorize victims. Cyber attacks commonly apply descriptors to each victim – it helps herd victims and track which attacks succeed and which fail. Victim categories make INTOLERANT interesting: A = Indian Diplomatic & Indian Navy B = Central Asian diplomatic C = Chinese Human Rights Defenders D = Tibetan Pro-Democracy Personalities E = Uighur Activists F = European Special Rep to Afghanistan and Indian photo-journalism G = Tibetan Government in Exile
  • In those cases, the NSA and its partner agencies in the United Kingdom and Canada were unable to determine the identity of the hackers who collected the data, but suspect a state sponsor “based on the level of sophistication and the victim set.” In instances where hacking may compromise data from the U.S. and U.K. governments, or their allies, notification was given to the “relevant parties.” In a separate document, GCHQ officials discuss plans to use open source discussions among hackers to improve their own knowledge. “Analysts are potentially missing out on valuable open source information relating to cyber defence because of an inability to easily keep up to date with specific blogs and Twitter sources,” according to one document. GCHQ created a program called LOVELY HORSE to monitor and index public discussion by hackers on Twitter and other social media. The Twitter accounts designated for collection in the 2012 document:
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  • Documents published with this article: LOVELY HORSE – GCHQ Wiki Overview INTOLERANT – Who Else Is Targeting Your Target? Collecting Data Stolen by Hackers – SIDtoday  HAPPY TRIGGER/LOVELY HORSE/Zool/TWO FACE – Open Source for Cyber Defence/Progress NATO Civilian Intelligence Council – Cyber Panel – US Talking Points
  • These accounts represent a cross section of the hacker community and security scene. In addition to monitoring multiple accounts affiliated with Anonymous, GCHQ monitored the tweets of Kevin Mitnick, who was sent to prison in 1999 for various computer and fraud related offenses. The U.S. Government once characterized Mitnick as one of the world’s most villainous hackers, but he has since turned security consultant and exploit broker. Among others, GCHQ monitored the tweets of reverse-engineer and Google employee, Thomas Dullien. Fellow Googler Tavis Ormandy, from Google’s vulnerability research team Project Zero, is featured on the list, along with other well known offensive security researchers, including Metasploit’s HD Moore and James Lee (aka Egypt) together with Dino Dai Zovi and Alexander Sotirov, who at the time both worked for New York-based offensive security company, Trail of Bits (Dai Zovi has since taken up a position at payment company, Square). The list also includes notable anti-forensics and operational security expert “The Grugq.” GCHQ monitored the tweets of former NSA agents Dave Aitel and Charlie Miller, and former Air Force intelligence officer Richard Bejtlich as well as French exploit vendor, VUPEN (who sold a one year subscription for its binary analysis and exploits service to the NSA in 2012).
  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
Paul Merrell

Obama Declares a National Emergency: Crimea Self-Determination Constitutes a "Threat To... - 0 views

  • In his March 6 Executive Order, “Blocking Property of Certain Persons Contributing to the Situation in Ukraine,” Obama declares that support for Crimean self-determination constitutes “an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat.” http://www.whitehouse.gov/the-press-office/2014/03/06/executive-order-blocking-property-certain-persons-contributing-situation Obama and the lawyers who drafted his executive order did not notice that the way the order is drafted it applies to Obama, to the unelected coup government in Kiev, and to the Washington and EU regimes. The order says that any person “responsible for or complicit in, or to have engaged in, directly or indirectly . . . actions or policies that undermine democratic processes or institutions in Ukraine” is subject to having his assets frozen.
Paul Merrell

Obama's "War on Ebola" or War for Oil? Sending 3000 Troops to African "Ebola" Areas tha... - 0 views

  • For a Nobel Peace Prize President, Barack Obama seems destined to go down in history books as the President who presided over one of the most aggressive series of wars ever waged by a bellicose Washington Administration. Not even George Bush and Dick Cheney came close.
  • Now Obama’s advisers, no doubt led by the blood-thirsty National Security Adviser, Susan Rice, have come up with a new war. This is the War Against Ebola. On September 16, President Obama solemnly declared the war. He announced, to the surprise of most sane citizens, that he had ordered 3,000 American troops, the so-called “boots on the ground” that the Pentagon refuses to agree to in Syria, to wage a war against….a virus? In a carefully stage-managed appearance at the US Centers for Disease Control (CDC), Obama read a bone-chilling speech. He called the alleged Ebola outbreaks in west Africa, “a global threat, and it demands a truly global response. This is an epidemic that is not just a threat to regional security. It’s a potential threat to global security, if these countries break down, if their economies break down, if people panic,” Obama continued, conjuring images that would have made Andromeda Strain novelist Michael Chrichton drool with envy. Obama added, “That has profound effects on all of us, even if we are not directly contracting the disease. This outbreak is already spiraling out of control.”
  • With that hair-raising introduction, the President of the world’s greatest Superpower announced his response. In his role as Commander-in-Chief of the United States of America announced he has ordered 3,000 US troops to west Africa in what he called, “the largest international response in the history of the CDC.” He didn’t make clear if their job would be to shoot the virus wherever it reared its ugly head, or to shoot any poor hapless African suspected of having Ebola. Little does it matter that the US military doesn’t have anywhere near 3,000 troops with the slightest training in public health. Before we all panic and line up to receive the millions of doses of untested and reportedly highly dangerous “Ebola vaccines” the major drug-makers are preparing to dump on the market, some peculiarities of this Ebola outbreak in Africa are worth noting.
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  • A major problem for Chan and her backers, however, is that her Ebola statistics are very, very dubious. For those whose memory is short, this is the same Dr Margaret Chan at WHO in Geneva who was guilty in 2009 of trying to panic the world into taking unproven vaccines for “Swine Flu” influenza, by declaring a Global Pandemic with statistics calling every case of symptoms that of the common cold to be “Swine Flu,” whether it was runny nose, coughing, sneezing, sore throat. That changed WHO definition of Swine Flu allowed the statistics of the disease to be declared Pandemic. It was an utter fraud, a criminal fraud Chan carried out, wittingly or unwittingly (she could be simply stupid but evidence suggests otherwise), on behalf of the major US and EU pharmaceutical cartel. In a recent Washington Post article it was admitted that sixty-nine percent of all the Ebola cases in Liberia registered by WHO have not been laboratory confirmed through blood tests. Liberia is the epicenter of the Ebola alarm in west Africa. More than half of the alleged Ebola deaths, 1,224, and nearly half of all cases, 2,046, have been in Liberia says WHO. And the US FDA diagnostic test used for the lab confirmation of Ebola is so flawed that the FDA has prohibited anyone from claiming they are safe or effective. That means, a significant proportion of the remaining 31 % of the Ebola cases lab confirmed through blood tests could be false cases.
  • Then the official WHO Ebola Fact Sheet dated September, 2014, states, “It can be difficult to distinguish EVD from other infectious diseases such as malaria, typhoid fever and meningitis.” Excuse me, Dr Margaret Chan, can you say that slowly? It can be difficult to distinguish EVD from other infectious diseases such as malaria, typhoid fever and meningitis? And you admit that 69% of the declared cases have never been adequately tested? And you state that the Ebola symptoms include “sudden onset of fever fatigue, muscle pain, headache and sore throat. This is followed by vomiting, diarrhea, rash, symptoms of impaired kidney and liver function, and in some cases, both internal and external bleeding”? In short it is all the most vague and unsubstantiated basis that lies behind President Obama’s new War on Ebola.
  • One striking aspect of this new concern of the US President for the situation in Liberia and other west African states where alleged surges of Ebola are being claimed is the presence of oil, huge volumes of untapped oil. The offshore coast of Liberia and east African ‘Ebola zones’ conveniently map with the presence of vast untapped oil and gas resources shown here The issue of oil in west Africa, notably in the waters of the Gulf of Guinea have become increasingly strategic both to China who is roaming the world in search of future secure oil import sources, and the United States, whose oil geo-politics was summed up in a quip by then Secretary of State Henry Kissinger in the 1970’s: ‘If you control the oil, you control entire nations.’
  • The Obama Administration and Pentagon policy has continued that of George W. Bush who in 2008 created the US military Africa Command or AFRICOM, to battle the rapidly-growing Chinese economic presence in Africa’s potential oil-rich countries. West Africa is a rapidly-emerging oil treasure, barely tapped to date. A US Department of Energy study projected that African oil production would rise 91 percent between 2002 and 2025, much from the region of the present Ebola alarm. Chinese oil companies are all over Africa and increasingly active in west Africa, especially Angola, Sudan and Guinea, the later in the epicenter of Obama’s new War on Ebola troop deployment.
  • If the US President were genuine about his concern to contain a public health emergency, he could look at the example of that US-declared pariah Caribbean nation, Cuba. Reuters reports that the Cuban government, a small financially distressed, economically sanctioned island nation of 11 million people, with a national budget of $50 billion, Gross Domestic Product of 121 billion and per capita GDP of just over $10,000, is dispatching 165 medical personnel to Africa to regions where there are Ebola outbreaks. Washington sends 3,000 combat troops. Something smells very rotten around the entire Ebola scare.
  • F. William Engdahl is strategic risk consultant and lecturer, he holds a degree in politics from Princeton University and is a best-selling author on oil and geopolitics, exclusively for the online magazine “New Eastern Outlook”
Paul Merrell

Obama declares Venezuela a national security threat - Al Jazeera English - 0 views

  • US President Barack Obama has issued an executive order declaring Venezuela a national security threat, and placed sanctions on seven officials. The White House says the new set of targeted sanctions excludes the Venezuelan people and any trade relations with the nation, and are instead specifically aimed at government officials the US accuses of violating human rights.
Paul Merrell

Chinese State Media Declares iPhone a Threat To National Security - Slashdot - 0 views

  • "When NSA whistleblower Edward Snowden came forth last year with U.S. government spying secrets, it didn't take long to realize that some of the information revealed could bring on serious repercussions — not just for the U.S. government, but also for U.S.-based companies. The latest to feel the hit? None other than Apple, and in a region the company has been working hard to increase market share: China. China, via state media, has today declared that Apple's iPhone is a threat to national security — all because of its thorough tracking capabilities. It has the ability to keep track of user locations, and to the country, this could potentially reveal "state secrets" somehow. It's being noted that the iPhone will continue to track the user to some extent even if the overall feature is disabled. China's iPhone ousting comes hot on the heels of Russia's industry and trade deeming AMD and Intel processors to be untrustworthy. The nation will instead be building its own ARM-based "Baikal" processor.
Paul Merrell

U.S. surveillance architecture includes collection of revealing Internet, phone metadat... - 0 views

  • On March 12, 2004, acting attorney general James B. Comey and the Justice Department’s top leadership reached the brink of resignation over electronic surveillance orders that they believed to be illegal. President George W. Bush backed down, halting secret foreign-intelligence-gathering operations that had crossed into domestic terrain. That morning marked the beginning of the end of STELLARWIND, the cover name for a set of four surveillance programs that brought Americans and American territory within the domain of the National Security Agency for the first time in decades. It was also a prelude to new legal structures that allowed Bush and then President Obama to reproduce each of those programs and expand their reach.What exactly STELLARWIND did has never been disclosed in an unclassified form. Which parts of it did Comey approve? Which did he shut down? What became of the programs when the crisis passed and Comey, now Obama’s expected nominee for FBI director, returned to private life?Authoritative new answers to those questions, drawing upon a classified NSA history of STELLARWIND and interviews with high-ranking intelligence officials, offer the clearest map yet of the Bush-era programs and the NSA’s contemporary U.S. operations.STELLARWIND was succeeded by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications, according to the interviews and documents.
  • Two of the four collection programs, one each for telephony and the Internet, process trillions of “metadata” records for storage and analysis in systems called MAINWAY and MARINA, respectively. Metadata includes highly revealing information about the times, places, devices and participants in electronic communication, but not its contents. The bulk collection of telephone call records from Verizon Business Services, disclosed this month by the British newspaper the Guardian, is one source of raw intelligence for MAINWAY.The other two types of collection, which operate on a much smaller scale, are aimed at content. One of them intercepts telephone calls and routes the spoken words to a system called ­NUCLEON.For Internet content, the most important source collection is the PRISM project reported on June 6 by The Washington Post and the Guardian. It draws from data held by Google, Yahoo, Microsoft and other Silicon Valley giants, collectively the richest depositories of personal information in history.
  • The debate has focused on two of the four U.S.-based collection programs: PRISM, for Internet content, and the comprehensive collection of telephone call records, foreign and domestic, that the Guardian revealed by posting a classified order from the Foreign Intelligence Surveillance Court to Verizon Business Services.The Post has learned that similar orders have been renewed every three months for other large U.S. phone companies, including Bell South and AT&T, since May 24, 2006. On that day, the surveillance court made a fundamental shift in its approach to Section 215 of the Patriot Act, which permits the FBI to compel production of “business records” that are relevant to a particular terrorism investigation and to share those in some circumstances with the NSA. Henceforth, the court ruled, it would define the relevant business records as the entirety of a telephone company’s call database.The Bush administration, by then, had been taking “bulk metadata” from the phone companies under voluntary agreements for more than four years. The volume of information overwhelmed the MAINWAY database, according to a classified report from the NSA inspector general in 2009. The agency spent $146 million in supplemental counterterrorism funds to buy new hardware and contract support — and to make unspecified payments to the phone companies for “collaborative partnerships.”When the New York Times revealed the warrantless surveillance of voice calls, in December 2005, the telephone companies got nervous. One of them, unnamed in the report, approached the NSA with a request. Rather than volunteer the data, at a price, the “provider preferred to be compelled to do so by a court order,” the report said. Other companies followed suit. The surveillance court order that recast the meaning of business records “essentially gave NSA the same authority to collect bulk telephony metadata from business records that it had” under Bush’s asserted authority alone.
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  • Telephone metadata was not the issue that sparked a rebellion at the Justice Department, first by Jack Goldsmith of the Office of Legal Counsel and then by Comey, who was acting attorney general because John D. Ashcroft was in intensive care with acute gallstone pancreatitis. It was Internet metadata.At Bush’s direction, in orders prepared by David Addington, the counsel to Vice President Richard B. Cheney, the NSA had been siphoning e-mail metadata and technical records of Skype calls from data links owned by AT&T, Sprint and MCI, which later merged with Verizon.For reasons unspecified in the report, Goldsmith and Comey became convinced that Bush had no lawful authority to do that.MARINA and the collection tools that feed it are probably the least known of the NSA’s domestic operations, even among experts who follow the subject closely. Yet they probably capture information about more American citizens than any other, because the volume of e-mail, chats and other Internet communications far exceeds the volume of standard telephone calls.The NSA calls Internet metadata “digital network information.” Sophisticated analysis of those records can reveal unknown associates of known terrorism suspects. Depending on the methods applied, it can also expose medical conditions, political or religious affiliations, confidential business negotiations and extramarital affairs.What permits the former and prevents the latter is a complex set of policies that the public is not permitted to see.
  • In the urgent aftermath of Sept. 11, 2001, with more attacks thought to be imminent, analysts wanted to use “contact chaining” techniques to build what the NSA describes as network graphs of people who represented potential threats.The legal challenge for the NSA was that its practice of collecting high volumes of data from digital links did not seem to meet even the relatively low requirements of Bush’s authorization, which allowed collection of Internet metadata “for communications with at least one communicant outside the United States or for which no communicant was known to be a citizen of the United States,” the NSA inspector general’s report said.Lawyers for the agency came up with an interpretation that said the NSA did not “acquire” the communications, a term with formal meaning in surveillance law, until analysts ran searches against it. The NSA could “obtain” metadata in bulk, they argued, without meeting the required standards for acquisition.Goldsmith and Comey did not buy that argument, and a high-ranking U.S. intelligence official said the NSA does not rely on it today.As soon as surveillance data “touches us, we’ve got it, whatever verbs you choose to use,” the official said in an interview. “We’re not saying there’s a magic formula that lets us have it without having it.”
  • When Comey finally ordered a stop to the program, Bush signed an order renewing it anyway. Comey, Goldsmith, FBI Director Robert S. Mueller III and most of the senior Bush appointees in the Justice Department began drafting letters of resignation.Then-NSA Director Michael V. Hayden was not among them. According to the inspector general’s classified report, Cheney’s lawyer, Addington, placed a phone call and “General Hayden had to decide whether NSA would execute the Authorization without the Attorney General’s signature.” He decided to go along.The following morning, when Mueller told Bush that he and Comey intended to resign, the president reversed himself.Three months later, on July 15, the secret surveillance court allowed the NSA to resume bulk collection under the court’s own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as “pen register, trap and trace,” that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line.
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    Note particularly the mention that the FISA Court decision to throw the doors open for government snooping was based on "pen register, trap and trace" law. As suspected, now we are into territory dealt with by the Supreme Court in the pre-internet days of 1979 In Smith v. Maryland, 442 U.S. 735 (1979), More about that next, in a bookmark also tagged with "pen-register".
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