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Paul Merrell

DOJ Seeks Removal Of Restrictions On Computer Search Warrants - 0 views

  • The Justice Department recently submitted proposed new rules on the procedures and practices of the department’s agencies and bureaus. Among the suggested changes is a modification of the Federal Rules of Criminal Procedure Rule 41(b), which empowers a federal court to issue a warrant allowing the federal government to conduct a search of a computer or computer network involved in a criminal investigation. Under current regulations, a warrant issued by a federal court is only valid in that court’s district. As there are 94 federal judicial districts, investigating a widespread attack may require either petitioning dozens of district courts or acting extrajudicially by not seeking a warrant. An extrajudicial investigation, however, cannot be used if criminal convictions are sought, as evidence gathered in this manner is not typically admissible in court. The Justice Department is seeking to make remote access warrants to search, seize and copy electronic information valid for all federal districts.
  • The Justice Department argues that due to the sophistication of cyber-criminals, an offending computer or computer cluster can sit in a district separate from the district where the hackers that infected the target computer anonymously are and separate from the investigators’ district. “Criminals are using multiple computers in many districts simultaneously as part of complex criminal schemes, and effectively investigating and disrupting these schemes often requires remote access to Internet-connected computers in many different districts,” wrote then-acting Assistant Attorney General Mythili Raman in a September letter to the Advisory Committee on the Criminal Rules. “Botnets are a significant threat to the public: they are used to conduct large-scale denial of service attacks, steal personal and financial data, and distribute malware designed to invade the privacy of users of the host computers,” Raman continued. In the letter, Raman cited an investigation of a child porn site that uses The Onion Router Network, or Tor, to anonymize its traffic. The Justice Department argues that it knows the site’s hosting server location, but without a warrant local to the server, the department is prevented from retrieving the server’s user records — including IP and MAC addresses. In most cases, however, law enforcement do not know the physical location of the site’s server, making it impossible to request a specific warrant.
  • In these cases, the Justice Department could request a blanket warrant. This would allow the department to set up a “zero-day” attack on the server — an attack exploiting a manufacturer-unknown or -permitted security flaw, allowing access to the system’s operating software. However, a Texas judge denied the FBI access to such a warrant, saying the Justice Department’s use of “zero-day” attacks in its investigation exposes the public and the target to unknown risks. One typical type of a “zero-day” attack is an infected email that could affect a large number of innocent people if the target used a public computer to access his email. The FBI planned to install a Remote Administration Tool, or RAT, which would distribute such emails in a partially-targeted spam mail distribution. Last year, Federal Magistrate Judge Stephen Smith of the Houston Division of the Southern District of Texas ruled that this was a gross overreach of investigatory intrusion, blocking the plan temporarily. A “zero-day” attack has the potential to activate and control the targeted computer’s peripherals, such as webcams and microphones.
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  • Following this ruling, based on the assumptions that federal law enforcement fundamentally act in good faith and that there may be a legitimate need for remote exploitation of computer data, the Justice Department sought to introduce changes to the rules that would overcome Smith’s objections. The proposed change to Rule 41(b) would allow magistrate judges “… to issue a warrant to use remote access to search electronic storage media and to seize electronically stored information located within or outside that district.” The Justice Department has indicated that it wants warrants permitting multiple computers to be searched at the same time, as well as permission to search all of the email and social media accounts accessible from a single computer. Such access would constitute a violation of the Electronic Communications Privacy Act, as the government, under the act, must make demonstrate probable cause to each targeted service provider and obtain and serve a warrant for each service provider. A warrant to search every account active on a computer would be actively bypassing the act’s numerous safeguards.
  • Privacy advocates fear that this rule change would allow prosecutors and the Justice Department to seek out magistrates likely to give them their requested warrants, creating a situation in which the federal government could have a “warrant shop” with just one judge for the whole of the nation. In light of allegations of federal government over-policing — including revelations of aggressive domestic and international electronic spying by the FBI and the National Security Agency — many advocates argue that an examination of the federal government’s commitment to the Fourth Amendment is needed. “The proposed amendment would significantly expand the government’s authority to conduct remote searches of electronic storage media,” the American Civil Liberties Union wrote in a memorandum early last month. “It would also expand the government’s power to engage in computer hacking in the course of criminal investigations, including through the use of malware and other techniques that pose a risk to internet security and that raise Fourth Amendment and policy concerns. “In light of these concerns, the ACLU recommends that the Advisory Committee exercise extreme caution before granting the government new authority to remotely search individuals’ electronic data.” The rules are scheduled to be discussed at the meeting of the Judiciary’s Committee on Rules of Practice and Procedure later this month.
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    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. ("Oh, Goody! Let's start shopping around for the judges we like instead of the ones we are now required to persuade. What? The Mississippi judge refused to sign the warrant? Oh well, let's try it with that other judge we like, the one in Gnome, Alaska.") In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted in the warrant's bottom margin, no doubt
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    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted at the bottom.  To be continued after this is intially posted to Diigo so the content isn't cut off.   
Paul Merrell

Canadians have united to reject fear and stop Bill C-51. Will the government listen? | ... - 0 views

  • It's rare in Canadian politics to see intense public interest in government legislative proposals -- let alone to see Canadians take to the streets in the tens of thousands to protest a piece of legislation by name. Yet that's exactly what has happened in the case of Bill C-51, which critics, including The Globe and Mail's editorial team, say will undermine basic democratic values and lead to the creation of a "secret police force" in Canada. In the space of a few short months since Bill C-51 was announced, hundreds of thousands of people have taken action to stop it: signing petitions, writing letters to local newspapers, phoning and writing to their member of Parliament, and hitting the streets in nationwide demonstrations in over 70 communities across Canada. It's not hard to see why so many people are concerned. Canada's top privacy and security experts warn that this legislation will undermine democratic rights Canadians have enjoyed for generations. For example, according to professors Craig Forcese and Kent Roach, who have conducted a detailed legal analysis of the legislation, Bill C-51 will:
  • Undermine Canadians' privacy by allowing widespread information disclosures among government agencies, and by giving the Canadian Security and Intelligence Service (CSIS) access to personal information held by up to 17 government departments. Even Stephen Harper has admitted that these kinds of dragnet surveillance measures are ineffective. Chill free speech online by criminalizing what is loosely defined as the promotion of "terrorism offences in general" and even showing "reckless disregard" for whether a particular post may encourage a violent act. As Forcese and Roach point out in their testimony to the Senate Standing Committee on National Security and Defence, "The new speech crime in our view violates freedom of expression because it reaches well beyond the sort of speech that threatens actual violence." Dramatically expand the powers of CSIS, without any commensurate increase in oversight or review measures. The legislation even allows CSIS to obtain a warrant permitting them to break the law and contravene the Charter rights of Canadians. Under C-51, such warrants would be granted in a secret hearing, with no representation from the target of such measures, and with no right of appeal.
  • So it's no surprise that Canadians are worried. What is unprecedented however, is the sheer number of Canadians taking part in the campaign to stop the bill. My organization, OpenMedia, has been campaigning on privacy issues for years -- but in all our time, we've never seen a public outpouring quite like this. Our joint efforts are clearly having an impact: public opinion has swung dramatically against Bill C-51 since it was announced. Support has plummeted, with a recent Forum Research poll finding that 56 per cent of Canadians now oppose Bill C-51, with just 33 per cent in favour. The business community, civic society groups, and principled conservatives have all spoken out. Sadly, there's no sign that the government is listening. At the time of writing, the government seems determined to use its majority to ram the legislation through the Commons in the coming weeks. What's even more worrying is that this reckless, dangerous, and ineffective legislation will further undermine Canadians' privacy rights -- rights that have already been seriously damaged by the government's Bill C-13, passed late last year, and by the government's failure to address the mass surveillance activities of its Canadian Security Establishment (CSE) intelligence agency.
Paul Merrell

Obama's Lawyers: Let's Extend the 9/11 Wars Forever - The Daily Beast - 0 views

  • President Obama has said the United States’ combat mission in Afghanistan is over, and that the 13-year-long war there has come to an end. Top lawyers in his administration have a different message: Not so fast. Obama stated unconditionally in his State of the Union address in January that “our combat mission in Afghanistan is over.” But in a recent speech to the annual meeting of the American Society of International Law, an often-used venue for Obama administration officials to make extensive remarks on national security policy, the Defense Department’s general counsel seemed to reinterpret the president’s earlier statements. The lawyer appeared to walk back his more emphatic pronouncements about the end of America’s longest war.
  • “Although our presence in [Afghanistan] has been reduced and our mission there is more limited, the fact is that active hostilities continue,” Stephen Preston, the Pentagon’s top lawyer, said in a speech April 10. And, he added, “There is no doubt that we remain in a state of armed conflict against the Taliban, al Qaeda, and associated forces as a matter of international law.” Preston’s observations were supported by facts:
  • Justice Department lawyers are likely being put in the awkward position of having to argue against the president’s own statements. On Friday, U.S. attorneys filed a motion opposing an argument by an accused Taliban member held at Guantanamo Bay, Mukhtar al Warafi, that he should be released because Obama has said the war in Afghanistan is over, erasing any legal grounds to continue holding him. The government's response is classified. But legal experts told The Daily Beast that to counter Warafi’s claims, U.S. lawyers will almost certainly have to argue that despite what Obama has said, there is still a state of armed conflict against the Taliban, meaning the U.S. may continue to hold Warafi.
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  • For how long? While not commenting on Warafi’s case, Preston predicted that the conflict may outlast Obama’s time in office. “Active hostilities will continue in Afghanistan (and elsewhere) at least through 2015 and perhaps beyond,” he said. Warafi may have kicked off a trend. Lawyers working with other Guantanamo detainees told The Daily Beast that another man held on the island prison, Faiz Mohammed Ahmed Al Kandari, is also petitioning the government to release him, using the same argument as Warafi. The legal briefs in his case haven’t been made public and the government has yet to file its response.
Paul Merrell

Keeping Dark Money in the Shadows - WhoWhatWhy - 0 views

  • With the Supreme Court knocking down regulations with a wrecking ball, the FEC out of commission, and an election heating up that will likely redefine the term “big money,” there are few avenues left for regulation of American elections. And now, Congress is set to close one off.On June 17, the House Appropriations Committee passed 2016 Financial Services and General Government Appropriations bill including a collection of provisions that ensure that the so-called “dark money” of elections—money that passes through supposedly non-political social welfare nonprofits, such as the Koch Brothers’ Crossroads GPS or the League of Conservation Voters, and is therefore free from disclosure—remains very much dark.Section 129 of the bill prevents the IRS from taking any action to investigate whether these social welfare groups are acting exclusively for social welfare; Section 625 prevents the SEC from requiring disclosure of political donations for publicly traded companies; Section 735 prevents a rule requiring that government contractors disclose their contributions to political groups, nonprofits, and trade unions.
  • Rules like these are aimed at preventing what some campaign watchdog groups refer to as the dark money system. Though Federal Election Commission regulations require disclosure of all donations to political candidates, 501(c)(4) groups—groups determined by the IRS to be for social welfare, not political campaigning, and exempt from taxes and donor disclosure—can be used as a workaround. Corporations and individuals do not have to disclose their donations to these groups, meaning that these groups can make donations to political campaigns using money donated by others without those original donors revealing it.An executive order requiring disclosure rules of this sort had been one of the last hopes for election watchdogs looking for a way to keep campaign finance under control in the coming election. This action by the House Appropriations—part of a large government funding bill for which passage will likely not hinge on such small sections—has left them even more enraged at the state of current campaign finance regulations.
Paul Merrell

11,000 Icelanders Offer To House Syrian Refugees - 0 views

  • The Icelandic government is reconsidering its national refugee quota after a social media campaign resulted in over 11,000 Icelanders offering up a room in their homes to refugees. As Europe struggles to cope with unprecedented levels of those seeking shelter, residents of the sparsely populated Nordic island country resorted to direct action to pressure their leaders. Iceland was recently awarded the title of “most peaceful country” in the Global Peace Index, with Syria ranking the least peaceful. With a population of 330,000 — less than many European cities — the country’s government had previously stated it could only take in 50 people this year. Taking matters into their own hands, over 16,000 Icelanders joined a Facebook page created on Sunday to pressurize the Icelandic government into accepting more refugees. In addition to offering rooms in homes, people have pledged financial support with air fares, language teaching, clothing, food, and toys, and the page has been inundated with messages of gratitude from Syrians, some of whom are writing from refugee camps. As a result of the outpouring of support, Icelandic Prime Minister Sigmundur David Gunnlaugsson announced that a committee is being formed to re-assess the country’s current policy.
  • Undoubtedly, thousands of people across the globe are equally horrified. Inspired by Iceland’s example, social media campaigns have sprung up and united those who are dismayed by the pitiful humanitarian response to the crisis. As distressing images and stories of the hurdles and barriers faced at every turn by those seeking sanctuary saturate the European press, similar schemes have snowballed throughout Europe. In Britain, more and more people are condemning the government’s shameful response to the crisis — a response particularly ironic considering most refugees are fleeing conflicts that the U.K.’s imperialist interventions have directly contributed to. .BottomResponsiveBanner { width: 300px; height: 250px; } @media (min-width:420px) { .BottomResponsiveBanner { width: 336px; height: 280px; } } @media (min-width:1300px) { .BottomResponsiveBanner { width: 728px; height: 90px; } } Not prepared to sit back, groups like Citizens UK are pressuring U.K. leaders to step up to the plate. More than 250,000 Brits have signed a petition calling for Britain to take its fair share of Syrian refugees. Ireland’s ”Pledge a Bed” campaign was overwhelmed with thousands of offers of spare rooms within hours of its launch while hundreds of Germans have offered to share their homes on the Refugees Welcome website.
  • Swiftly following suit and not to be outdone, offers of support haven’t stopped at Europe’s shores. A U.S. group called Open Homes, Open Hearts US – for Syrian refugees launched earlier this week. With no easy answers and no end in sight, the political firestorm will continue, as will the global outrage at the humanitarian tragedy. The only thing clear is that if the West were prepared to accept more refugees, desperate families wouldn’t be forced to rely on smugglers or to climb into perilous boats and refrigeration lorries.
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    Many reports in the last couple of weeks show that a wave of sympathy for war refugees is sweeping Europe in reaction to government efforts to prevent refugees from reaching Europe and forcing those already there into guarded camps. And the connection of those refugees to European foreign policy and participation in wars in the Mideast is being made. The propaganda paint of NATO nations waging "humanitarian" wars in the Mideast is definitely chipping off. 
Paul Merrell

Transatlantic Trade and Investment Partnership (TTIP) Negotiations Fall Apart Following... - 0 views

  • Back in January the EU Commission published their response to the consultation on TTIP and it was found that 97% of the 150,000 responses opposed the trade deal. These respondents represented the general public. The biggest petition in the EU’s history was then presented that contained the signatures of 2 million citizens (now nearly 3 million) opposed to TTIP. Both were rejected as were proposals even for a simple hearing of the European Citizens Initiative. Then in April this year, thousands of protestors took to the streets of cities all over Europe as unelected officials of the EU Commission continue to ignore the concerns of its citizens. In June, fellow MEPs from many political parties who are also opposed to TTIP joined Ukip in standing, shouting, booing and clapping to show their dissatisfaction with proceedings. MEPs were due to set out their first formal position on TTIP since negotiations started two years ago and the meeting descended into chaos (video). The meeting was then stopped by the commissioners. Meanwhile David Cameron has persistently attempted to call out those working to derail the deal. Cameron has accused critics of inventing false scare stories whilst urging business chiefs to help make the case to overcome sustained attacks from left-wing opponents and warned Britain would “rue the day if we miss this opportunity” to open up transatlantic markets.
  • Cameron, who (increasingly) seldom listens to the general public or elected members of parliament representing the electorate will no doubt use all his powers to get this deal though to redeem himself after being called incompetent by his own military generals and by the Obama administration over Syria. In sharp comparison, both Paris and Berlin want the Investor State Dispute Settlement mechanism (ISDS) of TTIP removed from the transatlantic trade treaty currently being negotiated with Washington. This is a game changer. Matthias Fekl, the French Secretary of State for Foreign Trade, told EurActiv France that he would “never allow private tribunals in the pay of multinational companies to dictate the policies of sovereign states, particularly in certain domains like health and the environment”. That was back in January. Nine months later and France has now reinforced that message and gone one big step forward. In an interview with Sud-Ouest, Matthias Fekl threatened to “call a complete halt” to the TTIP negotiations if things do not change. EurActiv France reports. America has shown no desire to change any of the major issues that have been challenged. Fekl told the French newspaper that he believes the “total lack of transparency” in the Transatlantic Trade and Investment Partnership (TTIP) negotiations poses a “democratic problem”.
  • Fekl, the Minister of State for Foreign Trade called on the United States to show “reciprocity” in the negotiations. “American members of parliament have access to a much higher number of documents than we do in Europe,” he said. The German people are now taking a stand and now it is being reported in the USA that sentiment is going against the deal – “It is entirely possible that the U.S. could seek to conclude the deal in the next few years only to find that European governments are unwilling to risk the ire of their voters”. Matthias Fekl, explained that, ever since the negotiations began in 2013, “These negotiations have been and are being conducted in a total lack of transparency,” and that France has, as of yet, received “no serious offer from the Americans.” The reasons for this stunning public rejection had probably already been accurately listed more than a year ago. Jean Arthuis, a member of the European Parliament, and formerly France’s Minister of Economy and Finance, headlined in Le Figaro, on 10 April 2014, “7 good reasons to oppose the transatlantic treaty”. There is no indication that the situation has changed since then, as regards the basic demands that President Obama is making. Arthuis said at that time, that he was opposed to;
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  • Private arbitration of disputes between States and businesses. Such a procedure is strictly contrary to the idea that I have of the      sovereignty of States. … Any questioning of the European system of appellations of origin. According to the US proposal, there would be a non-binding register, and only for wines and spirits. Such a reform would kill many European local products, whose value is based on their certified origin. Signing of an agreement with a power that legalizes widespread and systematic spying on my fellow European citizens and European businesses. As long as the agreement does not protect the personal data of European and US citizens, it cannot be signed. Allowing the United States proposal of a transatlantic common financial space, who adamantly refuse a common regulation of finance, and they refuse to abolish systematic discrimination by the US financial markets against European financial services. The questioning of European health protections. We do not want our animals treated with growth hormones nor products derived from GMOs, or chemical decontamination of meat, or of genetically modified seeds or non-therapeutic antibiotics in animal feed.
  • The signing of an agreement if it does not include the end of the US monetary dumping. Since the abolition of the gold convertibility of the dollar and the transition to the system of floating exchange rates, the dollar is both American national currency and the main unit for exchange reserves in the world. The Federal Reserve then continually practices monetary dumping, by influencing the amount of dollars available to facilitate exports from the United States. As things now stand, America’s monetary weapon has the same effect as customs duties against every other nation. [And he will not sign unless it’s removed.] Allow the emerging digital services in Europe to be swept up by US giants such as Google, Amazon or Netflix. They’re giant absolute masters in tax optimization, which make Europe a “digital colony.”
  • France is now considering “all options including an outright termination of negotiations” says France’s Trade Minister.
Paul Merrell

Obama lawyers asked secret court to ignore public court's decision on spying | US news ... - 0 views

  • The Obama administration has asked a secret surveillance court to ignore a federal court that found bulk surveillance illegal and to once again grant the National Security Agency the power to collect the phone records of millions of Americans for six months. The legal request, filed nearly four hours after Barack Obama vowed to sign a new law banning precisely the bulk collection he asks the secret court to approve, also suggests that the administration may not necessarily comply with any potential court order demanding that the collection stop.
  • But Carlin asked the Fisa court to set aside a landmark declaration by the second circuit court of appeals. Decided on 7 May, the appeals court ruled that the government had erroneously interpreted the Patriot Act’s authorization of data collection as “relevant” to an ongoing investigation to permit bulk collection. Carlin, in his filing, wrote that the Patriot Act provision remained “in effect” during the transition period. “This court may certainly consider ACLU v Clapper as part of its evaluation of the government’s application, but second circuit rulings do not constitute controlling precedent for this court,” Carlin wrote in the 2 June application. Instead, the government asked the court to rely on its own body of once-secret precedent stretching back to 2006, which Carlin called “the better interpretation of the statute”.
  • But the Fisa court must first decide whether the new bulk-surveillance request is lawful. On Friday, the conservative group FreedomWorks filed a rare motion before the Fisa court, asking it to reject the government’s surveillance request as a violation of the fourth amendment’s prohibition on unreasonable searches and seizures. Fisa court judge Michael Moseman gave the justice department until this coming Friday to respond – and explicitly barred the government from arguing that FreedomWorks lacks the standing to petition the secret court.
Gary Edwards

The Mount Vernon Statement - 0 views

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    On Wednesday, February 17, more than 80 conservative thinkers and organization heads came together to ratify a joint manifesto. Dubbed The Mount Vernon Statement, its goal is to unite the right -- economic, social, and national security conservatives -- under a set of shared principles. The Mount Vernon Statement is not geared to any election or candidate or specific piece of legislation; it is a statement of timeless principles as old as the Republic, and will be as relevant years from now as it is today.
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
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    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Russia might bailout Greece - finance minister - RT Business - 0 views

  • Greece hasn’t outright asked Russia for a loan, but Russian Finance Minister Anton Siluanov said Moscow wouldn't rule it out. His statement comes days after Greece openly opposed further economic sanctions against Russia. "Well, we can imagine any situation, so if such [a] petition is submitted to the Russian government, we will definitely consider it, but we will take into account all the factors of our bilateral relationships between Russia and Greece, so that is all I can say. If it is submitted we will consider it," Siluanov told CNBC in an interview in Moscow on Thursday.
  • The new left-wing Syriza government in Greece won a majority at last Sunday’s election on the promise to renegotiate the country’s €317 billion debt and end austerity. Greece needs to negotiate with EU policymakers by February 28 in order to receive the next tranche of bailout funds. If Athens doesn’t get the money it will have difficulty servicing its debt. Two bailouts were paid in 2010 and 2014 totaling €240 billion.
  • The new government was quick to show support for Moscow, and has openly called for an end to Russian sanctions, and may veto any future sanctions.
Paul Merrell

Venezuela's Maduro Granted Decree Powers by Parliament to Confront Imperialism | venezu... - 0 views

  • Venezuelan President Nicolas Maduro looks set to pass landmark legislation aimed at shielding the country from continued US aggression, after the Venezuelan parliament approved his request for temporary decree powers on Sunday.  Officially submitted to parliament last week, the petition was a response to the release of an Executive Order from the White House which classified Venezuela as an “extraordinary threat to U.S. national security”. The designation was preceded by a series of sanctions against Venezuelan officials enacted by the Obama administration, which cited unsubstantiated allegations of human rights abuses.  Venezuela and almost all countries in the Latin American region have interpreted the move as an act of interference and aggression. 
  • Venezuelans Mobilize in Marches and Military Exercises in Defense of Sovereignty Against U.S. Aggression
  • UNASUR Rejects US Aggressions on Venezuela Mar 16th Venezuelan Social Movements Take to the Streets to Oppose U.S. Aggression Mar 13th Venezuelan Assembly Grants Executive Powers while Military Drills in Defensive Exercises
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  • Entitled the "Anti-Imperialist Enabling Law for Peace", the latest decree powers will last for a period of nine months and allow the president to pass legislation in pre-established areas without parliamentary debate and consent - a process which can take several years.  According to the draft presented by Maduro to parliament, the four articles which make up the law are designed to “prepare the country for any eventuality”. 
  • Initially written into Venezuela’s Constitution in 1961, the enabling laws are often used when the president is deemed to be responding to a situation which requires immediate action. Nonetheless, they require at least 60% approval from the National Assembly and consent from a designated specialist commission.  The laws have subsequently been used by several Venezuelan presidents, including former president Hugo Chavez in 1999, 2000, 2007 and 2010.  President Maduro last made use of the laws in 2013 in order to pass a slew of anti-corruption legislation, for which he was condemned by the Obama administration for allegedly overstepping his boundaries as chief executive. However, critics have fired back that Obama's own executive orders targetting Venezuela with sanctions do not, by contrast, require legislative approval.
  • Although few details are known about the prospective laws, on Sunday Cabello confirmed that the government was looking to create a norm in order to “repatriate all Venezuelan capital” being held in the U.S. 
  • While legislators from the ruling United Socialist Party of Venezuela (PSUV) voted unanimously in favour of the law, its use was opposed by all but one opposition legislator. A dissident from the opposition coalition, the Roundtable of Democratic Unity, Ricardo Sanchez, stated that his defence of the law came down to “whether we are prepared to defend the sacred soil or whether we will be collaborators with foreign boots."  “If this (executive order) isn’t the preamble to a military intervention, then it certainly looks like one,” stated the legislator to private press.  Many opposition politicians have longstanding ties to the United States, and some parties such as Voluntad Popular (The Popular Will party) have received funding from US "democracy promotion" organisations such as the NED (National Endowment Democracy) and USAID (U.S. Agency for International Development). 
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    Fears of a U.S. invasion have become widespread in Venezuela after two failed U.S.-instigated coup attempts, sanctions issued by Obama, and bellicose statements by prominent War Party members of the U.S. Congress.   
Paul Merrell

Federal judge rules no-fly list process is unconstitutional | Law | theguardian.com - 0 views

  • A federal judge ruled on Tuesday that the US government's no-fly list banning people accused of links to terrorism from commercial flights violates their constitutional rights because it gives them no meaningful way to contest that decision. US District Judge Anna Brown, ruling in a lawsuit filed in federal court in Oregon by 13 Muslim Americans who were branded with the no-fly status, ordered the government to come up with new procedures that allow people on the no-fly list to challenge that designation. The 13 plaintiffs – four of them veterans of the US military – deny they have links to terrorism and say they only learned of their no-fly status when they arrived at an airport and were blocked from boarding a flight.
  • The American Civil Liberties Union, which brought a suit against the policy in 2010, argues that secrecy surrounding the list and lack of any reasonable opportunity for plaintiffs to fight their placement on it violates their clients' constitutional rights to due process. The government contends there is an adequate means of contesting the flight ban and that individuals listed under the policy may ultimately petition a US appeals court directly for relief.
Paul Merrell

U.S. Sends Planes Armed with Depleted Uranium to Middle East | War Is A Crime .org - 0 views

  • The U.S. Air Force says it is not halting its use of Depleted Uranium weapons, has recently sent them to the Middle East, and is prepared to use them. A type of airplane, the A-10, deployed this month to the Middle East by the U.S. Air National Guard's 122nd Fighter Wing, is responsible for more Depleted Uranium (DU) contamination than any other platform, according to the International Coalition to Ban Uranium Weapons (ICBUW). "Weight for weight and by number of rounds more 30mm PGU-14B ammo has been used than any other round," said ICBUW coordinator Doug Weir, referring to ammunition used by A-10s, as compared to DU ammunition used by tanks.
  • The crews will load PGU-14 depleted uranium rounds into their 30mm Gatling cannons and use them as needed, said Hubble. "If the need is to explode something -- for example a tank -- they will be used."
  • On Thursday, several nations, including Iraq, spoke to the United Nations First Committee, against the use of Depleted Uranium and in support of studying and mitigating the damage in already contaminated areas. A non-binding resolution is expected to be voted on by the Committee this week, urging nations that have used DU to provide information on locations targeted. A number of organizations are delivering a petition to U.S. officials this week urging them not to oppose the resolution. In 2012 a resolution on DU was supported by 155 nations and opposed by just the UK, U.S., France, and Israel. Several nations have banned DU, and in June Iraq proposed a global treaty banning it -- a step also supported by the European and Latin American Parliaments.
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  • DU is classed as a Group 1 Carcinogen by the World Health Organization, and evidence of health damage produced by its use is extensive. The damage is compounded, Jeena Shah at the Center for Constitutional Rights (CCR) told me, when the nation that uses DU refuses to identify locations targeted. Contamination enters soil and water. Contaminated scrap metal is used in factories or made into cooking pots or played with by children. CCR and Iraq Veterans Against the War have filed a Freedom of Information Act Request in an attempt to learn the locations targeted in Iraq during and after the 1991 and 2003 assaults. The UK and the Netherlands have revealed targeted locations, Shah pointed out, as did NATO following DU use in the Balkans. And the United States has revealed locations it targeted with cluster munitions. So why not now?
  • "For years," Shah said, "the U.S. has denied a relationship between DU and health problems in civilians and veterans. Studies of UK veterans are highly suggestive of a connection. The U.S. doesn't want studies done." In addition, the United States has used DU in civilian areas and identifying those locations could suggest violations of Geneva Conventions.
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    Splattering radioactive depleted uranium around the globe is idiocy. The trick is to shut down nuclear power plants so they don't produce any more radioactive waste. Unless society decides it wants to foot the bill to shoot depleted nuclear fuel rods into the Sun. 
Paul Merrell

Regional Leaders Back Venezuela at Panama Summit as US Blocks Final Declaration | venez... - 0 views

  • Regional leaders flocked to Panama City this past weekend for the VII Summit of the Americas, which has been widely hailed as a victory for left-leaning and progressive forces in the region, particularly Venezuela and Cuba.  The summit was marked by the historic presence of Cuba whose president Raul Castro addressed his counterparts and held face to face talks with Barack Obama, the first Cuban leader to do so since the socialist nation's US-imposed expulsion from the Organization of American States in 1962.
  • However, the much anticipated rapprochement between the two nations was largely upstaged by regional leaders' near uniform rejection of President Obama's March 9 Executive Order labeling Venezuela a "national security threat", which has been condemned by all 33 nations of the CELAC  (Community of Latin American and Caribbean States) and other regional bodies.  While positively noting the steps taken by Obama to reestablish bilateral ties with Cuba, Castro nonetheless criticized the US president for his aggressive measures against Venezuela. 
  • During his speech before the summit, Bolivian president Evo Morales slammed US imperial intervention in the region. "We don't want more Monroes in our continent, nor more Truman doctrine, nor more Reagan doctrine, nor more Bush doctrine. We don't want any more presidential decrees nor more executive orders declaring us threats to their country." 
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  • "One point was important: health as a human right, and the U.S. government did not accept that health should be considered a human right [...] President Obama did not accept the document,” explained Bolivia's first indigenous president.  The previous Summit of the Americas held in Colombia in 2012 likewise failed to issue a final document due to US rejection of language opposing its blockade against Cuba. 
  • Towards the close of the summit, the US and Canada blocked the approval of a final declaration backed by the 33 other nations of the region, which was the result of four months of prior negotiations. The final declaration requires approval by consensus and the two North American nations opposed several points in the draft document, including health as a human right, technology transfers to developing countries, an end to electronic espionage, and the repeal of Obama's Executive Order.  The US-Canadian veto was criticized by Bolivian President Evo Morales. 
  • The Venezuelan head of state also named several key issues he called on Obama to address in the context of bilateral talks, including US refusal to "recognize our Revolution", the White House's Executive Decree, the US embassy's role in destabilization efforts, as well as US support for anti-government groups operating from US soil. 
  • Despite repeated calls throughout the summit for President Obama to repeal his Executive Order targeting Venezuela, the US administration has dug in its heels, refusing to repeal the decree.  Assistant Secretary of State for Western Hemisphere Affairs Roberta Jacobson stated on Saturday that although her government did not consider Venezuela a "threat", the Executive Order would not be repealed given that "it's something that's already been implemented."  The comments follow similar contradictory remarks by Barack Obama on Thursday who also denied that Venezuela posed a threat to the United States, an admission which has been hailed as a victory by President Nicolas Maduro, who initiated a petition campaign that has collected 13 million signatures against the Executive Order.
  • "We do not believe that Venezuela poses a threat to the United States, nor does the United States threaten the Venezuelan government," clarified Obama in an interview with EFE.  Nonetheless, the US leader indicated no intention of repealing the Executive Order, going on to justify the sanctions imposed on Venezuela, which are allegedly aimed at "discouraging human rights violations and corruption.”
  • The White House's Executive Order has over the past month ignited a global backlash against US aggression, a reaction which has been lamented by Jacobson.   “I am disappointed that there were not more countries to defend [the sanctions]. They were not made to harm Venezuelans or the Venezuelan government,” noted the Assistant Secretary of State.
Paul Merrell

Obama Rejects GOP's Islamophobic Statements « LobeLog - 0 views

  • It didn’t take long for Republican presidential candidates to stake out strikingly anti-Muslim immigration positions following the terrorist attacks in Paris that left at least 129 people dead and over 300 injured. French flags were flown and moments of silence observed across the U.S. and around the world, but Sen. Ted Cruz (R-TX), Sen. Marco (R-FL), Ben Carson, and Donald Trump decided it was an opportunity to stoke anti-immigrant and anti-Muslim fears. The anti-immigrant and Islamophobic comments led President Obama, speaking from the G20 summit in Turkey, to denounce the statements as “shameful.” Cruz claimed that “there is no meaningful risk of Christians committing acts of terror” so the U.S. should focus on admitting displaced Christians, but it was “lunacy” to allow Muslim refugees into the country. Rubio outright rejected accepting any Syrian refugees into the U.S. because “there’s no way to background check” them. Ben Carson said that accepting Syrian refugees into the U.S. would require “a suspension of intellect.” Donald Trump, doubling down on his anti-immigrant campaign platform, warned that Syrian refugees could be “one of the great Trojan horses.” Louisiana Governor Bobby Jindal called for sealing the U.S. border, and Sen. David Vitter (R-LA) started a petition to stop Syrian refugees from entering Louisiana.
  • The comments from Republicans led Obama, speaking to the press at the close of the G-20 Summit today in Antalya, Turkey, to hit back against the growing sentiment on the right to only allow Christian refugees into the country. Obama pointed to the hypocrisy of politicians who “themselves come from families who benefited from protection when they were fleeing political prosecution,” a jab at Rubio and Cruz, both of whom are the children of Cuban immigrants to the U.S. “We don’t have religious tests to our compassion,” said Obama, adding that “while I had a lot of disagreements with President George W. Bush on policy, but I was very proud after 9/11 when he was adamant and clear about the fact that this is not a war on Islam.” Watch Obama’s comments here:
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    Under international law, all nations are required to grant asylum to refugees, regardless of their religion or race. 
Paul Merrell

How a conservative congressman ended up on the terrorist no-fly list | The Sacramento Bee - 0 views

  • Along with philosophical qualms, McClintock said he has personal reasons to doubt the efficacy of the no-fly list. Turns out that when he was in the state Senate a decade ago, McClintock said, he discovered he couldn’t check into his flight.“When I asked why, I was told I was on this government list,” McClintock said, calling the whole experience “Kafkaesque.”“My first reaction was to ask, ‘Why am I on that list?’ ‘We can’t tell you that.’ ‘What are the criteria you use?’ I asked. ‘That’s classified.’ I said, ‘How can I get off this list?’ The answer was, ‘You can’t.’ ”He said it ended up being a case of mistaken identity with an Irish Republican Army activist the “British government was mad at.” McClintock said he soon learned that a fellow state senator also had been placed on the list, as well as the late U.S. Sen. Edward Kennedy. McClintock said he at least had the state Senate sergeant-at-arms to work through to clear up the confusion – “something an ordinary American would not.”Still, he said it took months of working with officials and repeated petitions to the government to get his name removed. “The farce of it all was that I was advised in the meantime just to fly under my middle name, which I did without incident,” he added.
Paul Merrell

Transnational legal actions threaten to end Israeli impunity - Mondoweiss - 0 views

  • he past few months have been a headache for a select group of Israel’s political echelon. International solidarity activists and their legal advocates have begun to gain traction in a series of petitions alleging war crimes in a variety of international judicial forums. The development of this legal strategy has not received much recognition, but the implications are real; a game-changer in the fight for justice and accountability in Palestine.
Paul Merrell

Basic income - Wikipedia - 0 views

  • A basic income (also called basic income guarantee, Citizen's Income, unconditional basic income, universal basic income, or universal demogrant[2]) is a form of social security[3] in which all citizens or residents of a country regularly receive an unconditional sum of money, either from a government or some other public institution, in addition to any income received from elsewhere. An unconditional income transfer of less than the poverty line is sometimes referred to as a partial basic income. Basic income systems that are financed by the profits of publicly owned enterprises (often called social dividend, also known as citizen's dividend) are major components in many proposed models of market socialism.[4] Basic income schemes have also been promoted within the context of capitalist systems, where they would be financed through various forms of taxation.[5] Similar proposals for "capital grants provided at the age of majority" date to Thomas Paine's Agrarian Justice of 1795, there paired with asset-based egalitarianism. The phrase "social dividend" was commonly used as a synonym for basic income in the English-speaking world before 1986, after which the phrase "basic income" gained widespread currency.[6
  • Contents  [hide]  1 Policy aspects 1.1 Transparency 1.2 Administrative efficiency 1.3 Poverty reduction 1.4 Basic income and growth 1.5 Freedom 1.6 Work incentives 1.7 Affordability 1.7.1 Key principles 1.7.2 Case studies 2 Pilot programs 3 Basic income and ideology 3.1 Economic perspectives 3.2 Georgist views 3.3 Right-wing views 3.4 Feminist views 3.5 Technological unemployment 4 Criticism 4.1 Economics research 4.2 Political debate 5 Worldwide 6 Advocates 6.1 Europe 6.2 The United States and Canada 6.3 Asia, Africa, Latin America, Oceania 7 Petitions and referendums 8 Public opinions 9 See also 10 References 11 Further reading 12 External links
  • Technological unemployment[edit] Concerns about automation and other causes of technological unemployment have caused many in the high-tech industry to turn to basic income proposals as a necessary implication of their business models. Journalist Nathan Schneider first highlighted the turn of the "tech elite" to these ideas with an article in Vice magazine, which cited figures such as Marc Andreessen, Sam Altman, Peter Diamandis, and others.[47] The White House, in a report to Congress, has put the probability at 83% that a worker making less than $20 an hour in 2010 will eventually lose their job to a machine. Even workers making as much as $40 an hour face odds of 31 percent.[48] To better address both the funding concerns and concerns about government control, one alternative model is that the cost and control would be distributed across the private sector instead of the public sector. Companies across the economy would be required to employ humans, but the job descriptions would be left to private innovation, and individuals would have to compete to be hired and retained. This would be a for-profit sector analog of basic income, that is, a market-based form of basic income. It differs from a job guarantee in that the government is not the employer (rather, companies are) and there is no aspect of having employees who "cannot be fired", a problem that interferes with economic dynamism. The economic salvation in this model is not that every individual is guaranteed a job, but rather just that enough jobs exist that massive unemployment is avoided and employment is no longer solely the privilege of only the very smartest or highly trained 20% of the population. Another option for a market-based form of basic income has been proposed by the Center for Economic and Social Justice (CESJ) as part of "a Just Third Way" (a Third Way with greater justice) through widely distributed power and liberty. Called the Capital Homestead Act,[49] it is reminiscent of James S. Albus's Peoples' Capitalism[50][51] in that money creation and securities ownership are widely and directly distributed to individuals rather than flowing through, or being concentrated in, centralized or elite mechanisms.
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    Coming to grips with the fact that we do and will not have jobs for everyone: Can basic-income replace the failed welfare state system?
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