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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.”

A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.

But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.

The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 

The regime that governs the sharing between Britain and the US of electronic communications intercepted in bulk was unlawful until last year, a secretive UK tribunal has ruled. The Investigatory Powers Tribunal (IPT) declared on Friday that regulations covering access by Britain’s GCHQ to emails and phone records intercepted by the US National Security Agency (NSA) breached human rights law.

Advocacy groups said the decision raised questions about the legality of intelligence-sharing operations between the UK and the US. The ruling appears to suggest that aspects of the operations were illegal for at least seven years – between 2007, when the Prism intercept programme was introduced, and 2014. The critical judgment marks the first time since the IPT was established in 2000 that it has upheld a complaint relating to any of the UK’s intelligence agencies. It said that the government’s regulations were illegal because the public were unaware of safeguards that were in place. Details of those safeguards were only revealed during the legal challenge at the IPT. An “order” posted on the IPT’s website early on Friday declared: “The regime governing the soliciting, receiving, storing and transmitting by UK authorities of private communications of individuals located in the UK, which have been obtained by US authorities … contravened Articles 8 or 10” of the European convention on human rights.

Article 8 relates to the right to private and family life; article 10 refers to freedom of expression. The decision, in effect, refines an earlier judgment issued by the tribunal in December, when it ruled that Britain’s current legal regime governing data collection through the internet by intelligence agencies – which has been recently updated to ensure compliance – did not violate the human rights of people in the UK.

When the premiere surveillance reform bill of 2014 is reintroduced in the current Congress, it can count on antipathy and even opposition from many of the civil libertarian activists who pushed it to the brink of passage last year. The USA Freedom Act, a bill that aims to stop the National Security Agency (NSA) from its daily collection of US phone records in bulk, is set for a 2015 revamp after failing in the Senate last November. Supporters pledge to unveil it late this week or early next week.

This time, as reported by the Guardian, the bill is shaping up to be the preferred piece of legislation to extend the lifespan of a controversial part of the Patriot Act, known as Section 215. The NSA uses Section 215 to justify its domestic mass surveillance. The FBI considers it critical for terrorism and espionage investigations outside typical warrant or subpoena channels. Section 215 expires on 1 June. The bill’s architects consider the USA Freedom Act the strongest piece of legislation to roll back the domestic reach of US surveillance that Congress will pass. But a new coalition of civil libertarian groups on the left and the right is already looking past the bill, in the hopes of broadening what is possible – something they consider realistic, thanks to the intelligence community’s fervent desire to avoid the expiration of Section 215.

A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the continuation of the NSA’s bulk collection of phone records until the end of the six-month transitional period created by the USA Freedom Act (a period that expires on November 29). In that post, I called the Court of Appeals “feckless” for concluding that, in light of the program’s imminent expiration, resolution of the underlying Fourth Amendment claim would be “fruitless.” As a result, readers may well assume that I think highly of the opinion issued yesterday by DC District Judge Richard Leon, which did reach the Fourth Amendment question, and which, along lines similar to his December 2013 ruling (which the DC Circuit subsequently vacated for lack of standing), held that the program violates the Fourth Amendment, and enjoined its continuing operation as applied to two plaintiffs. As the old saying goes, “nope.” Instead, for reasons I elaborate upon below the fold, I fear that things have ended up precisely backwards — with the Second Circuit refusing to issue a ruling that could have had significant consequences, and with Judge Leon entering an injunction that will have precisely no impact (other than to waste a lot government lawyers’ and law clerks’ time) — and that could well lead future judges to stay their hand in a similar circumstance when they ought not to.

WHENEVER A TERRORIST ATTACK OCCURS, it never takes long for politicians to begin calling for more surveillance powers. The horrendous attacks in Paris last week, which left more than 120 people dead, are no exception to this rule. In recent days, officials in the United Kingdom and the United States have been among those arguing that more surveillance of Internet communications is necessary to prevent further atrocities. The case for expanded surveillance of communications, however, is complicated by an analysis of recent terrorist attacks. The Intercept has reviewed 10 high-profile jihadi attacks carried out in Western countries between 2013 and 2015 (see below), and in each case some or all of the perpetrators were already known to the authorities before they executed their plot. In other words, most of the terrorists involved were not ghost operatives who sprang from nowhere to commit their crimes; they were already viewed as a potential threat, yet were not subjected to sufficient scrutiny by authorities under existing counterterrorism powers. Some of those involved in last week’s Paris massacre, for instance, were already known to authorities; at least three of the men appear to have been flagged at different times as having been radicalized, but warning signs were ignored.

In the aftermath of a terrorist atrocity, government officials often seem to talk about surveillance as if it were some sort of panacea, a silver bullet. But what they always fail to explain is how, even with mass surveillance systems already in place in countries like France, the United States, and the United Kingdom, attacks still happen. In reality, it is only possible to watch some of the people some of the time, not all of the people all of the time. Even if you had every single person in the world under constant electronic surveillance, you would still need a human being to analyze the data and assess any threats in a timely fashion. And human resources are limited and fallible.

This is quite the bombshell delivered by two CHP deputies in the Turkish parliament and reported by Today’s Zaman, one of the top dailies in Turkey. It supports Seymour Hersh’s reporting that the notorious sarin gas attack at Ghouta was a false flag orchestrated by Turkish intelligence in order to cross President Obama’s chemical weapons “red line” and draw the United States into the Syria war to topple Assad. If so, President Obama deserves credit for “holding the line” against the attack despite the grumbling and incitement of the Syria hawks at home and abroad. And it also presents the unsavory picture of an al-Qaeda operatives colluding with ISIL in a war crime that killed 1300 civilians.

I find the report credible, taking into full account the fact that the CHP (Erdogan’s center-left Kemalist rivals) and Today’s Zaman (whose editor-in-chief, Bulent Kenes was recently detained on live TV for insulting Erdogan in a tweet) are on the outs with Erdogan. Considering the furious reaction it can be expected to elicit from Erdogan and the Turkish government, the temerity of CHP and Today’s Zaman in running with this story is a sign of how desperate their struggle against Erdogan has become.  Note that the author is shown only as “Columnist: Today’s Zaman”. I expect the anti-Erodgan forces hope this will be a game changer in terms of U.S.and European support for Erdogan. It will be very interesting to see if and how the media in the U.S. covers this story.  In case it doesn’t acquire enough “legs” to make into US media, I attach the full Zaman piece below:

CHP deputies: Gov’t rejects probe into Turkey’s role in Syrian chemical attack Two deputies from the main opposition Republican People’s Party (CHP) have claimed that the government is against investigating Turkey’s role in sending toxic sarin gas which was used in an attack on civilians in Syria in 2013 and in which over 1,300 Syrians were killed. CHP deputies Eren Erdem and Ali Şeker held a press conference in İstanbul on Wednesday in which they claimed the investigation into allegations regarding Turkey’s involvement in the procurement of sarin gas which was used in the chemical attack on a civil population and delivered to the terrorist Islamic State in Iraq and the Levant (ISIL) to enable the attack was derailed. Taking the floor first, Erdem stated that the Adana Chief Prosecutor’s Office launched an investigation into allegations that sarin was sent to Syria from Turkey via several businessmen. An indictment followed regarding the accusations targeting the government.

The United States government has already declared that in regards to what it alleges to be a Russian cyberattack against the U.S. Democratic Party, the U.S. reserves the right to go to war against Russia. NATO has accordingly changed its policy so as to assert that a cyberattack (in this case actually cyber-espionage, such as the U.S. government itself perpetrates against even its own allies such as Angela Merkel by tapping her phone) constitutes an act of war by the alleged cyberattacker, and so requires all NATO member nations to join any cyberattacked NATO nation in war against its alleged (cyber)attacker, if the cyberattacked member declares war against its alleged cyberattacker. Excuses are being sought for a war against Russia; and expanding the definition of “invasion,” to include mere espionage, is one such excuse. But it’s not the only one that the Obama Administration has cooked up. U.S. Senator Mike Lee has asserted that President Barack Obama must obtain a declaration of war against Syria — which is allied with and defended by Russia — before invading Syria. Syria has, for the past few years, already been invaded by tens of thousands of foreign jihadists (financed mainly by the royal Sauds and Qataris, and armed mainly with U.S. weaponry) who are trying to overthrow and replace the Syrian government so that pipelines can be built through Syria into Europe to transport Saudi oil and Qatari gas into the EU, the world’s biggest energy-market, which now is dominated by Russia’s oil and gas. Since Syria is already being defended by Russia (those royals’ major competitor in the oil and gas markets), America’s invasion of Syria would necessarily place U.S. and Russia into an air-war against each other (for the benefit of those royal Arabs — who finance jihadist groups, as even Hillary Clinton acknowledges): Syria would thus become a battleground in a broader war against Russia. So: declaring war against Syria would be a second excuse for World War III, and one which would especially serve the desires not only of U.S. ‘defense’ firms but of the U.S. aristocracy’s royal Arabic allies, who buy much of those ‘defense’ firms’ exports (weaponry), and also U.S. oilfield services firms such as pipelines by Halliburton. (It’s good business for them, no one else. Taxpayers and war-victims pay, but those corporations — and royal families — would profit.)

The U.S. government also declares that Russia ‘conquered’ Crimea in 2014 and that Russia must restore it to Ukraine. The U.S. government wants Ukraine to be accepted into NATO, so that all NATO nations will be at war against Russia if Russia doesn’t return Crimea to Ukraine, of which Crimea had only briefly (1954-2014) been a part, until Crimeans voted on 16 March 2014 to rejoin Russia. This Crimean issue is already the basis for America’s economic sanctions against Russia, and thus Russia’s continuing refusal to coerce Crimeans to accept again being part of Ukraine would be yet a third excuse for WW III.

Hillary Clinton says “As President, I will make it clear, that the United States will treat cyber attacks just like any other attack.” She alleges that when information was unauthorizedly made public from Democratic National Committee computers, the cyberattacker was Russia. She can be counted as a strong proponent of that excuse for WW3. She’s with Barack Obama and the other neocons on that. She has furthermore said that the U.S. should shoot down any Russian and Syrian bombers in Syria — the phrase for that proposed U.S. policy is to “establish a no-fly zone” there. She makes clear: “I am advocating the no-fly zone.” It would be war against not only Syria, but Russia. (After all: a no-fly zone in which the U.S. is shooting down the government’s planes and Russia’s planes, would be war by the U.S. against both Syria and Russia, but that’s what she wants to do.) She can thus be counted as a strong proponent of those two excuses for WW3.