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Paul Merrell

CSIS asked foreign agencies to spy on Canadians, kept court in dark, judge says - 0 views

www.ottawacitizen.com/...story.html

surveillance state Canada CSIS courts blowback

shared by Paul Merrell on 27 Dec 13 - No Cached
  • OTTAWA — Canada’s foremost jurist on national security law has slammed CSIS for deliberately keeping the Federal Court of Canada “in the dark” about outsourcing its spying on Canadians abroad to foreign agencies, according to a redacted version of a classified court decision made public Friday.In a thundering rebuke, Federal Court Judge Richard Mosley said the Canadian Security Intelligence Service (CSIS) purposely misled him when he granted it numerous warrants beginning in 2009 to intercept the electronic communications of unidentified Canadians abroad suspected as domestic security threats.“This was a breach of the duty of candour owed by the service and their legal advisers to the court,” Mosley said in his Further Reasons for Order.CSIS also mistakenly assigned powers to the warrants that the court never authorized and which do not exist in law, he said.“It is clear that the exercise of the court’s warrant issuing authority has been used as protective cover for activities that it has not authorized,” Mosley wrote.Furthermore, tasking foreign security intelligence services to spy on Canadians overseas “carries the risk of the detention of or other harm to a Canadian person based on that information.“Given the unfortunate history of information sharing with foreign agencies over the past decade and the reviews conducted by several royal commissions, there can be no question that the Canadian agencies are aware of those hazards. It appears to me that they are using the warrants as authorization to assume those risks.”
  • Legal observers say this case and Mosley’s scolding will harm CSIS’s credibility and raise questions about whether the service has broken Criminal Code provisions dealing with the invasion of privacy.“When a judge says the government breached its duty of candour that is a very big ‘ouch’ moment,” Craig Forcese, a national security law scholar at the University of Ottawa, wrote in a recent blog posting.At the time the first warrants were issued, CSIS told the court “on clearly stated grounds” that the electronic intercepts would be carried out from within Canada by the Communications Security Establishment Canada (CSEC), the country’s foreign signals intelligence spy service.CSIS is largely restricted to domestic spying operations. If an investigation involves the use of intrusive techniques, such as electronic intercepts, Section 21 of the CSIS Act requires it to obtain a warrant approved by a Federal Court judge to guard the Charter right to a reasonable expectation of privacy.CSEC, meanwhile, is not allowed to spy on Canadians anywhere unless it is to provide technical and operational assistance to federal law enforcement and security agencies such as CSIS.And the federal court only has jurisdiction to authorize warrants under the CSIS Act as long as the communications in question are intercepted within Canada.
  • Yet once the so-called 30-08 warrants were approved by the court, CSEC, on behalf of CSIS, turned around and handed the jobs to one or more of its partners in the “Five Eyes” intelligence-gathering alliance between Canada, the United States, Great Britain, Australia and New Zealand.Mosley found out about the situation late this summer and summoned CSIS, CSEC and government officials and lawyers to court to explain themselves. The public version of his reasons for order was released Friday.
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  • Some excerpts:• “I am satisfied that a decision was made by CSIS officials in consultation with their legal advisers to strategically omit information in applications for 30-08 warrants about their intention to seek the assistance of the foreign partners. As a result, the court was led to believe that all of the interception activity would take place in or under the control of Canada.”• “The principle of comity between nations that implies the acceptance of foreign laws and procedures when Canadian officials are operating abroad ends where clear violations of international law and human rights begin. In tasking the other members of the Five Eyes to intercept the communications of the Canadian targets, CSIS and CSEC officials knew ... this would involve the breach of international law by the requested second parties.”• “There is nothing in any of the material that I have read ... that persuades me that it was the intent of Parliament to give the service authority to engage the collection resources of the second party allies to intercept the private communications of Canadians.”• “It must be made clear, in any grant of a 30-08 warrant, that the warrant does not authorize the interception of the communications of a Canadian person by any foreign service on behalf of the service either directly or through the assistance of CSEC.”• “There must be no further suggestion in any reference to the use of second party assets by CSIS and CSEC, or their legal advisers, that it is being done under the authority of a (section) 21 warrant issued by this court.”
  • Forcese, meanwhile, raises some intriguing questions:• If Five Eyes assistance was not authorized, and CSEC and CSIS nevertheless sought it, are they still protected from Criminal Code, Part VI (invasion of privacy) culpability? Culpability, he writes, is only avoided where the intercept is lawfully authorized. If the parameters of the warrant were disregarded, does that vitiate the lawful access?• If CSEC and CSIS called on Five Eyes agencies to intercept communications, was the intercept still territorial, thus satisfying the international law concerns raised in the two warrant applications?“Outsourcing an international violation does not diminish state responsibility for that international violation. In a different context, that would be like asking bounty hunters to do your kidnapping of fugitives on the territory of a foreign state. Still a violation of international law.”CSIS has a choice, Forcese concludes: “Conduct extraterritorial spying without recourse to the courts, at risk of ultimately being called to account under domestic law, or honour the federal court’s construal of international law — and CSIS’s jurisdiction — and pull in its truly international surveillance operations, potentially blinding the country’s chief security intelligence agency.
  • Paul Merrell on 27 Dec 13
     
    Canadian Security Intelligence Service is in politically explosive deep doo-doo. 
Paul Merrell

Indictment Looms For Hillary As FBI Declares 22 Home-Server Emails "Top Secret" - 0 views

www.mintpressnews.com/...213241

Auction 2016 Hillary-emails

shared by Paul Merrell on 31 Jan 16 - No Cached
  • Indictment Looms For Hillary As FBI Declares 22 Home-Server Emails “Top Secret” The leaking of the Clinton emails has been compared to as the next “Watergate”. By ZeroHedge.com | January 30, 2016 Share this article! targ
  • The State Department will release more emails from Clinton’s time as secretary of state later Friday. But The Associated Press has learned that 7 email chains are being withheld in full for containing “top secret” material. The 37 pages include messages recently described by a key intelligence official as concerning so-called “special access programs” — a highly restricted subset of classified material that could point to confidential sources or clandestine programs like drone strikes or government eavesdropping. Department officials wouldn’t describe the substance of the emails, or say if Clinton had sent any herself. Spokesman John Kirby tells the AP that no judgment on past classification was made. But the department is looking into that, too.
  • For those that Clinton only read, and didn’t write or forward, she still would have been required to report classification slippages that she recognized. Possible responses for classification infractions include counseling, warnings or other action, State Department officials said, though they declined to say if these applied to Clinton or senior aides who’ve since left the department. The officials weren’t authorized to speak on the matter and spoke on condition of anonymity. However, as we previously noted, the implications are tough for The DoJ – if they indict they crush their own candidate’s chances of the Presidency, if they do not – someone will leak the details and the FBI will revolt… The leaking of the Clinton emails has been compared to as the next “Watergate” by former U.S. Attorney Joe DiGenova this week, if current FBI investigations don’t proceed in an appropriate manner. The revelation comes after more emails from Hilary Clinton’s personal email have come to light. “[The investigation has reached] a critical mass,” DiGenova told radio host Laura Ingraham when discussing the FBI’s still pending investigation. Though Clinton is still yet to be charged with any crime, DiGenova advised on Tuesday that changes may be on the horizon. The mishandling over the classified intelligence may lead to an imminent indictment, with DiGenova suggesting it may come to a head within 60 days.
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  • I believe that the evidence that the FBI is compiling will be so compelling that, unless [Lynch] agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an attorney general,” he said. “The intelligence community will not stand for that. They will fight for indictment and they are already in the process of gearing themselves to basically revolt if she refuses to bring charges.” The FBI also is looking into Clinton’s email setup, but has said nothing about the nature of its probe. Independent experts say it is highly unlikely that Clinton will be charged with wrongdoing, based on the limited details that have surfaced up to now and the lack of indications that she intended to break any laws. “What I would hope comes out of all of this is a bit of humility” and an acknowledgement from Clinton that “I made some serious mistakes,” said Bradley Moss, a Washington lawyer who regularly handles security clearance matters. Legal questions aside, it’s the potential political costs that are probably of more immediate concern for Clinton. She has struggled in surveys measuring her perceived trustworthiness and an active federal investigation, especially one buoyed by evidence that top secret material coursed through her account, could negate one of her main selling points for becoming commander in chief: Her national security resume.
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