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Obama Urged to Fire DNI Clapper December 11, 2013 (Editor Note)  Last March – before Edward Snowden revealed the NSA’s sweeping collection of phone and other data – Director of National Intelligence James Clapper said no such operation existed. Now, a group of ex-national security officials urge President Obama to fire Clapper. MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Fire James Clapper

We wish to endorse the call by Rep. James Sensenbrenner Jr., Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, that Director of National Intelligence James Clapper should be removed and prosecuted for lying to Congress. “Lying to Congress is a federal offense, and Clapper ought to be fired and prosecuted for it,” the Wisconsin Republican said in an interview with The Hill. “The only way laws are effective is if they’re enforced.” Sensenbrenner added, “If it’s a criminal offense — and I believe Mr. Clapper has committed a criminal offense — then the Justice Department ought to do its job.”

This brief Memorandum is to inform you that we agree that no intelligence director should be able to deceive Congress and suffer no consequences. No democracy that condones such deceit at the hands of powerful, secretive intelligence directors can long endure. It seems clear that you can expect no help from Sen. Dianne Feinstein, chair of the Senate Intelligence Committee, to which Clapper has apologized for giving “clearly erroneous” testimony, and who, at the height of the controversy over his credibility, defended him as a “direct and honest” person. You must be well aware that few amendments to the U.S. Constitution are as clear as the fourth:

Unhappy with last-minute changes made to a bill designed to end the National Security Agency's bulk collection of American's phone and Internet records, Rep. Justin Amash voted against the bill. The Michigan congressman, who was an original cosponsor of the USA Freedom Act, said he was “proud” of the work he and others did to promote the bill, but that he could not support the draft legislation as it is currently written.

The National Security Agency has been recording and storing nearly all the domestic (and international) phone calls from two or more target countries as of 2013. Both the Washington Post and The Intercept (based in the US and published by eBay chairman Pierre Omidyar) have censored the name of one of the victim states, which the latter publication refers to as country "X". Both the Washington Post and The Intercept stated that they had censored the name of the victim country at the request of the US government. Such censorship strips a nation of its right to self-determination on a matter which affects its whole population. An ongoing crime of mass espionage is being committed against the victim state and its population. By denying an entire population the knowledge of its own victimisation, this act of censorship denies each individual in that country the opportunity to seek an effective remedy, whether in international courts, or elsewhere. Pre-notification to the perpetrating authorities also permits the erasure of evidence which could be used in a successful criminal prosecution, civil claim, or other investigations.

We know from previous reporting that the National Security Agency’s mass interception system is a key component in the United States’ drone targeting program. The US drone targeting program has killed thousands of people and hundreds of women and children in Afghanistan, Pakistan, Yemen and Somalia in violation of international law. The censorship of a victim state’s identity directly assists the killing of innocent people. Although, for reasons of source protection we cannot disclose how, WikiLeaks has confirmed that the identity of victim state is Afghanistan. This can also be independently verified through forensic scrutiny of imperfectly applied censorship on related documents released to date and correlations with other NSA programs (see http://freesnowden.is). We do not believe it is the place of media to "aid and abet" a state in escaping detection and prosecution for a serious crime against a population. Consequently WikiLeaks cannot be complicit in the censorship of victim state X. The country in question is Afghanistan.

When Apple and Google unveiled new encryption schemes last month, law enforcement officials complained that they wouldn’t be able to unlock evidence on criminals’ digital devices. What they didn’t say is that there are already methods to bypass encryption, thanks to off-the-shelf digital implants readily available to the smallest national agencies and the largest city police forces — easy-to-use software that takes over and monitors digital devices in real time, according to documents obtained by The Intercept. We’re publishing in full, for the first time, manuals explaining the prominent commercial implant software “Remote Control System,” manufactured by the Italian company Hacking Team. Despite FBI director James Comey’s dire warnings about the impact of widespread data scrambling — “criminals and terrorists would like nothing more,” he declared — Hacking Team explicitly promises on its website that its software can “defeat encryption.”

The manuals describe Hacking Team’s software for government technicians and analysts, showing how it can activate cameras, exfiltrate emails, record Skype calls, log typing, and collect passwords on targeted devices. They also catalog a range of pre-bottled techniques for infecting those devices using wifi networks, USB sticks, streaming video, and email attachments to deliver viral installers. With a few clicks of a mouse, even a lightly trained technician can build a software agent that can infect and monitor a device, then upload captured data at unobtrusive times using a stealthy network of proxy servers, all without leaving a trace. That, at least, is what Hacking Team’s manuals claim as the company tries to distinguish its offerings in the global marketplace for government hacking software. Hacking Team’s efforts include a visible push into the U.S. Though Remote Control System is sold around the world — suspected clients include small governments in dozens of countries, from Ethiopia to Kazakhstan to Saudi Arabia to Mexico to Oman — the company keeps one of its three listed worldwide offices in Annapolis, Maryland, on the edge of the federal intelligence and law-enforcement cluster around the nation’s capital; has sent representatives to American homeland security trade shows and conferences, where it has led training seminars like “Cyber Intelligence Solutions to Data Encryption” for police; and has even taken an investment from a firm headed by America’s former ambassador to Italy. The United States is also, according to two separate research teams, far and away Hacking Team’s top nexus for servers, hosting upwards of 100 such systems, roughly a fifth of all its servers globally.

The U.S. House Intelligence Committee has denied a Florida congressman’s request for access to 28 classified pages from the 2002 report of Congress’ Joint Inquiry into the 9/11 terrorist attacks. Rep. Alan Grayson, D-Orlando, told BrowardBulldog.org he made his request at the suggestion of House colleagues who have read them as they consider whether to support a proposed resolution urging President Obama to open those long-censored pages to the public. “Why was I denied? I have been instrumental in publicizing the Snowden revelations regarding pervasive domestic spying by the government and this is a petty means for the spying industrial complex to lash back,” Grayson said last week, referring to National Security Agency leaker Edward Snowden.

In a party line vote, the House Intelligence Committee voted 8-4 on Dec. 1 to deny Democrat Grayson access to the 28 pages. The same day, the committee unanimously approved requests to access classified committee documents – not necessarily the 28 pages – by 11 other House members. Grayson, an outspoken liberal and a member of the House Committee on Foreign Affairs, said his denial was engineered by outgoing Chairman Mike Rogers, R-Mich. Rogers is a former FBI agent who did not seek re-election in November. “Congressman Rogers made serious misrepresentations to other committee members when he brought this up,” Grayson in a telephone interview. “When the Guardian reported on the fact that there was universal domestic surveillance regarding every single phone call, including this one, I went to the floor of the House and gave a lengthy speech decrying it.”

“Chairman Rogers told the committee that I had discussed classified information on the floor. He left out the most important part that I was discussing what was reported in the newspaper,” said Grayson. “He clearly misled the committee for an improper purpose: to deny a sitting member of Congress important classified information necessary for me to do my job.” Rogers did not respond to a request for comment. An aide in his Lansing, Michigan office referred callers to a spokeswoman for the House Intelligence Committee who could not be reached for comment.

(Reuters) - Dozens of Turkish police including high-ranking officers were detained on Tuesday, accused of spying and illegal wire-tapping of Prime Minister Tayyip Erdogan and his inner circle in what the chief prosecutor said was a concocted probe of an alleged terrorist group. The former Istanbul anti-terror police chief, himself among those detained and led away in handcuffs, said the incident was entirely political, coming just a few weeks ahead of a presidential election in which Erdogan is standing.The operation follows a stream of purges targeting the police, judiciary and state institutions this year which government critics have condemned as a symptom of Erdogan's tightening grip.

olice conducted raids in 22 provinces, and officers involved in a separate government corruption probe which emerged in December and led to the departure of four ministers were among those detained, Turkish media reported.The officers were accused of making up an investigation into an alleged terrorist group named 'selam-tevhid' as a pretence to tap the phones of Erdogan, ministers and the head of the national intelligence agency."The order was given for the capture and detention of 76 police officers who were investigating the group named selam-tevhid but whose actual aims were spying," Istanbul chief prosecutor Hadi Salihoglu said in a written statement.He said the 'selam-tevhid' case, targeting 251 people, had been dismissed due to a lack of evidence after a three-year investigation during which 2,280 people were wire-tapped.Fifty-two of the 76 officers have so far been detained, and Turkish media published photos of former anti-terror police chiefs being led away in handcuffs by their colleagues.

The order was also given for the arrest of another 39 suspects, of whom 15 have so far been detained, over the wiretapping of around 250 people, including deputies, judges, journalists and senior bureaucrats, allegedly on the grounds of being members of an illegal group, the statement said.

Verizon says it will soon offer customers a way to opt out from having their smartphone and tablet browsing tracked via a hidden un-killable tracking identifier. The decision came after a ProPublica article revealed that an online advertiser, Turn, was exploiting the Verizon identifier to respawn tracking cookies that users had deleted. Two days after the article appeared, Turn said it would suspend the practice of creating so-called "zombie cookies" that couldn't be deleted. But Verizon couldn't assure users that other companies might not also exploit the number - which was transmitted automatically to any website or app a user visited from a Verizon-enabled device - to build dossiers about people's behavior on their mobile devices. Verizon subsequently updated its website to note Turn's decision and declared that it would "work with other partners to ensure that their use of [the undeletable tracking number] is consistent with the purposes we intended." Previously, its website had stated: "It is unlikely that sites and ad entities will attempt to build customer profiles.

However, policing the hundreds of companies in the online tracking business was likely to be a difficult task for Verizon. And so, on Monday, Verizon followed in the footsteps of AT&T, which had already declared in November that it would stop inserting the hidden undeletable number in its users' Web traffic. In a statement emailed to reporters on Friday, Verizon said, "We have begun working to expand the opt-out to include the identifier referred to as the UIDH, and expect that to be available soon." Previously, users who opted out from Verizon's program were told that information about their demographics and Web browsing behavior would no longer be shared with advertisers, but that the tracking number would still be attached to their traffic. For more coverage, read ProPublica's previous reporting on Verizon's indestructible tracking and how one company used the tool to create zombie cookies.

To the young Syrian rebel fighter, the Skype message in early December 2013 appeared to come from a woman in Lebanon, named Iman Almasri, interested in his cause. Her picture, in a small icon alongside her name, showed a fair-skinned 20-something in a black head covering, wearing sunglasses.They chatted online for nearly two hours, seemingly united in their opposition to the rule of Bashar al-Assad, the Syrian leader still in power after a civil war that has taken more than 200,000 lives. Eventually saying she worked “in a programing company in Beirut,” the woman asked the fighter whether he was talking from his computer or his smartphone. He sent her a photo of himself and asked for another of her in return. She sent one immediately, apologizing that it was a few years old.“Angel like,” he responded. “You drive me crazy.”

What the fighter did not know was that buried in the code of the second photo was a particularly potent piece of malware that copied files from his computer, including tactical battle plans and troves of information about him, his friends and fellow fighters. The woman was not a friendly chat partner, but a pro-Assad hacker — the photos all appear to have been plucked from the web.

The Syrian conflict has been marked by a very active, if only sporadically visible, cyberbattle that has engulfed all sides, one that is less dramatic than the barrel bombs, snipers and chemical weapons — but perhaps just as effective. The United States had deeply penetrated the web and phone systems in Syria a year before the Arab Spring uprisings spread throughout the country. And once it began, Mr. Assad’s digital warriors have been out in force, looking for any advantage that could keep him in power.In this case, the fighter had fallen for the oldest scam on the Internet, one that helped Mr. Assad’s allies. The chat is drawn from a new study by the intelligence-gathering division of FireEye, a computer security firm, which has delved into the hidden corners of the Syrian conflict — one in which even a low-tech fighting force has figured out a way to use cyberespionage to its advantage. FireEye researchers found a collection of chats and documents while researching malware hidden in PDF documents, which are commonly used to share letters, books or other images. That quickly took them to the servers where the stolen data was stored.

Russian investigative authorities detained two more suspects for their alleged involvement in the murder of Russian politician Boris Nemtsov. The arrests came one day after FSB Chief Alexander Bortnikov announced the arrest of two persons, the discovery of the escape car and the securing of DNA evidence and other evidence. The head of the Security Council of the Russian Federation’s Republic Ingushetia, Albert Barakhayev, informed the press about the arrest of two additional suspects for their alleged involvement in the murder of the Russian politician Boris Nemtsov in Moscow.

The head of the North Caucasian republic’s Security Council identified one of the two detainees as Anzor Gubashev who was detained while he was driving from the village of Voznesenovskaya towards the city of Magas. Gubashev had reportedly visited his mother in Voznesenovskaya. Albert Barakhayev did not identify the other detainee by name but said that he is one of Gubashev’s brothers. On Saturday the Chief of the Russian security service FSB, Alexander Bortnikov, announced the arrest of two suspects who were detained for suspicions of having been involved in the murder of Boris Nemtsov. Bortnikov noted that the investigation is ongoing and that the FSB, the Interior Ministry and the Federal Investigative Committee are investigating the possible involvement of other, additional persons. The FSB Chief identified the two suspects as Anzor Gubachev and Zaur Dadayev. The head of the Security Council of Ingushetia noted that members of the suspects’ families originated from Chechnya but moved to the village of Voznesenovskaya in Ingushetia during the 1960s. Albert Barakhayev added that both Gubashev and Dadayev had housing in the Chechen capital Grozny and were living there. Dadayev had served in the North Chechen police for ten years. The spokesman of Russia’s Federal Investigative Committee, Vladimir Mirkhin was earlier quoted by the Russian Tass news agency as saying that the investigation continues to focus on the identification of additional suspects.

Investigative authorities secured images from a rooftop camera which had captured the murder of Boris Nemtsov during the night from February 27 to 28. A detailed analysis of the video, reportedly, enabled the investigative authorities to identify the license plate number of the vehicle. The murder took place within a 500 meter radius of the Kremlin, and area which is under heavy camera surveillance. The escape car was reportedly secured along with DNA evidence. Additional information was reportedly attained by analyzing mobile phone traffic near the crime scene.

Terrorists and child sex rings could be uncovered through their internet discussions as part of a tough set of security measures to be unveiled by Home Secretary Theresa May this week. Major online service providers, such as Google, will be legally obliged to retain a log of users and the mobile phones or computers they have accessed in case police and security agencies later need the information to help them locate criminals. This measure will be included in the Counter-terrorism and Security Bill that is being introduced in the wake of Isis’s beheadings of prisoners, including British aid workers David Haines and Alan Henning, this year

The Justice Department is scooping up data from thousands of mobile phones through devices deployed on airplanes that mimic cellphone towers, a high-tech hunt for criminal suspects that is snagging a large number of innocent Americans, according to people familiar with the operations.

In the fall of 2008, a 30-year-old computer expert named Zarrar Shah roamed from outposts in the northern mountains of Pakistan to safe houses near the Arabian Sea, plotting mayhem in Mumbai, India’s commercial gem.Mr. Shah, the technology chief of Lashkar-e-Taiba, the Pakistani terror group, and fellow conspirators used Google Earth to show militants the routes to their targets in the city. He set up an Internet phone system to disguise his location by routing his calls through New Jersey. Shortly before an assault that would kill 166 people, including six Americans, Mr. Shah searched online for a Jewish hostel and two luxury hotels, all sites of the eventual carnage.

But he did not know that by September, the British were spying on many of his online activities, tracking his Internet searches and messages, according to former American and Indian officials and classified documents disclosed by Edward J. Snowden, the former National Security Agency contractor. They were not the only spies watching. Mr. Shah drew similar scrutiny from an Indian intelligence agency, according to a former official briefed on the operation. The United States was unaware of the two agencies’ efforts, American officials say, but had picked up signs of a plot through other electronic and human sources, and warned Indian security officials several times in the months before the attack.

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.

The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel Apple’s cooperation with ongoing criminal investigations. The older case, in the Eastern District of New York, involves a drug case where the phone’s owner has pleaded guilty to the charges against him. The more recent case, in the Central District of California, involves an iPhone used by Syed Farook, one of the alleged San Bernardino shooters. While the two cases involve different different phone models, operating systems, alleged crimes, and legal postures, they touch on similar questions related to the scope of the All Writs Act. In an attempt to create a one-stop shop for our coverage and the related documents and some useful sources, we’ve compiled this readers’ guide. We will update it as the cases progress to include the latest filings and posts, so check back for more as things unfold.

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.

Spy agencies in Britain will be given the explicit right to hack into smartphones and computers as part of a new law being introduced by the Conservative government. Security services MI5, MI6 and GCHQ can already access electronic devices by exploiting software security vulnerabilities, but the legal foundation for the practice is under scrutiny.New powers laid out in the Investigatory Powers Bill, due to be introduced in Parliament next month, will give spies a solid legal basis for hacking into computer systems, according to the Times.The revelation has sparked criticism from human rights group Liberty, which accuses the government of giving spy agencies “unlimited potential” to act against citizens.The bill, which was announced in the Queens’ Speech following the general election, is likely to include the new Snooper’s Charter, according to privacy campaigners at the Open Rights Group.

British spies will be able to hack into a person’s “property” through backdoors in the software. Once inside, intelligence agents can install software that allows them operate microphones to eavesdrop on conversations and even control the camera to take photographs of targets.The government admitted in February that MI5, MI6 and GCHQ were hacking into computers, servers, routers and mobile phones using the Intelligence Services Act 1994, which does not give explicit authorization for such practices.Independent reviewer of terrorism legislation Dave Anderson QC recommended in June that new legislation be introduced to clarify give intrusive hacking a firm legal basis.Anderson said that hacking presents a “dizzying array of possibilities to the security and intelligence agencies.”While some methods are appropriate, “many are of the view that there are others which are so intrusive that they would require exceptional safeguards for their use to be legal … A debate is clearly needed,” he said.

The investigatory powers bill will give agents explicit powers to interfere with “property” once they have obtained a warrant from the home secretary.Digital evidence expert Peter Sommer said the powers circumvented encryption technology.“Increasingly, [intelligence agents] can’t read communications sent over the internet because of encryption, so their ability to get information from interception is rapidly diminishing. The best way around this is to get inside someone’s computer. This is an increasingly important avenue for them,” he told the Times.

An anonymous hacker claims to have breached CIA Director John Brennan's personal email account and has posted documents online, including a list of email addresses purportedly from Brennan's contact file. The CIA said it referred the matter to the proper authorities, but would not comment further. The hacker spoke to the New York Post, which described him in an article published Sunday as "a stoner high school student," motivated by his opposition to U.S. foreign policy and support for Palestinians. His Twitter account, @phphax, includes links to files that he says are Brennan's contact list, a log of phone calls by then-CIA deputy director Avril Haines, and other documents.

The hacker also claimed to have breached a Comcast account belonging to Homeland Security Secretary Jeh Johnson, and released what appeared to be personal information. One document purporting to come from Brennan's AOL email account contains a spreadsheet of people, including senior intelligence officials, along with their Social Security numbers, although the hacker redacted the numbers in the version he posted on Twitter. It's unclear why Brennan would have stored such a document in his private email account. Based on the titles, the document appears to date from 2009 or before. When people visit the White House and other secure facilities, they are required to supply their Social Security numbers. Brennan could have been forwarding a list of invitees to the White House when he was President Barack Obama's counter terrorism adviser, the job he held before he became CIA director in 2013.

The hacker told the Post he had obtained a 47-page version of Brennan's application for a security clearance, known as an SF86. That document — millions of which were stolen from the federal personnel office last year by hackers linked to China — contains detailed information about past jobs, foreign contacts, finances and other sensitive personal details. No such document appears to be posted on the hacker's Twitter account, but it's not clear whether the hacker posted it elsewhere.

President Donald Trump is being blocked from knowing he can pardon WikiLeaks founder Julian Assange in exchange for information vindicating Russia of hacking allegations, according to Republican California Rep. Dana Rohrabacher. Trump told reporters Sunday that he has “never heard” of a potential deal with Assange. “I think the president’s answer indicates that there is a wall around him that is being created by people who do not want to expose this fraud that there was collusion between our intelligence community and the leaders of the Democratic Party,” Rohrabacher told The Daily Caller Tuesday in a phone interview.