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Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

verdict.justia.com/...ubious-state-secrets-privilege

Dark-State state-secrets government secrecy Restis DoJ Holder

shared by Paul Merrell on 19 Sep 14 - No Cached
  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
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  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  • Paul Merrell on 19 Sep 14
     
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Gary Edwards

KeepTheWebOpen.com - 0 views

keepthewebopen.com/open

OpenWeb ACTA

shared by Gary Edwards on 17 Mar 12 - No Cached
  • Gary Edwards on 17 Mar 12
     
    Keep the Web Open and out of the hands of Agenda 21 UN socialists and the tyranny of ACTA. California Representative Darryl Issa has proposed  OPEN - the Online Protection & ENforcement of Ditital Trade Act.  Join the movement to keep the Web Open and sign on today. The background to this urgency is that Obama is trying to run an end around Congress, claiming that he has the authority to sign ACTA: From the Vanguard of Freedom: The Anti-Counterfeiting Trade Agreement. ACTA is supposed to strengthen intellectual property rights; that is, the rights of artists to protect their creations from being copied and counterfeited, essentially stolen and reproduced without consent. However, many including Congressman Darrel Issa (via his website on this subject) has called ACTA "an unconstitutional power grab started by President George W. Bush and completed by President Barack Obama - despite the White House's January 14 criticism of legislative solutions that harm the Internet and erode individual rights." Says Issa: "…The Constitution gives Congress the power to pass intellectual property legislation - like SOPA and PIPA - and gives the Senate the power to ratify treaties. But the Obama Administration maintains that ACTA is not even a treaty, justifying the exclusion of both American citizens and their elected representatives. It is a practice Vice President Joe Biden decried as a U.S. Senator…" Maira Sutton and Parker Higgins, writing for the Electronic Frontier Foundation, an "electronics" rights advocacy organization, say in an article they authored, that "…We Have Every Right to Be Furious About ACTA." Sutton and Higgins write: "…Negotiated in secret, ACTA bypassed checks and balances of existing international IP norm-setting bodies, without any meaningful input from national parliaments, policymakers, or their citizens. Worse still, the agreement creates a new global institution, an 'ACTA Committee' to ove
Paul Merrell

Inside the Battle Over the CIA Torture Report - Bloomberg View - 0 views

www.bloombergview.com/...le-over-the-cia-torture-report

war & peace CIA torture Senate-Intelligence_Committee-Report redactions

shared by Paul Merrell on 06 Dec 14 - No Cached
  • After months of internal wrangling, the Senate Intelligence Committee is finally set to release its report on President George W. Bush-era CIA practices, which among other details will contain information about foreign countries that aided in the secret detention and interrogation of suspected terrorists. Several U.S. officials told us that the negotiations are nearly complete between the Central Intelligence Agency and the committee's Democratic staff, which prepared the classified 6,300-page report and its 600-page, soon-to-be-released declassified executive summary. Dianne Feinstein, the committee's chairman, is set to release the summary early next week. Her staff members had objected vigorously to hundreds of redactions the CIA had proposed in the executive summary. After an often-contentious process to resolve the disputes, managed by top White House officials, Feinstein was able to roll back the majority of the disputed CIA redactions.
  • Among the most significant of Feinstein’s victories, the report will retain information on countries that aided the CIA program by hosting black sites or otherwise participating in the secret rendition of suspected terrorists. The countries will not be identified by name, but in other ways, such as code names like “Country A.” This falls short of Feinstein’s original desire, which was to name the countries explicitly, but represents a big victory for the committee nonetheless. In a victory for the CIA, Feinstein reluctantly agreed to allow the redactions of the pseudonyms of agency personnel mentioned in the report. The CIA maintained that any reference to individuals working under cover that offered clues to their identities could place them in harm’s way. “We need to understand the role that particular countries played across time. Even having pseudonyms for countries in the report is important for a full accounting,” said Raha Wala, senior counsel at Human Rights First, which advocated on behalf of the report’s declassification.
  • The CIA and some Republican senators had argued that even such masked identifications could be deciphered, leading to compromised relationships with those countries’ governments. In June 2013, the top intelligence official at the State Department, Philip Goldberg, wrote a classified letter to Congress warning against the disclosure of the names of countries who had participated in the program.
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  • John Rizzo, who served as the CIA's acting general counsel during the black-site program and later wrote a memoir, "Company Man," said the agency has long fought against declassifying any information on the locations of the secret prisons overseas. "That was something we had fought for years and years," Rizzo told us. "Up to now one of the only remaining classified facts about the program was the names of countries where there were black sites." Rizzo said the concern about even referencing the locations of the black sites is that one could piece together the locations with other information that is likely to be in the final public report. One Republican Senate staffer familiar with the negotiations over the report said Feinstein's office relented on some concerns about redacting information that could identify countries hosting the black sites. "Do you scrub enough information to prevent that information from being released?" the staffer said. "It ended up as a half-step in-between, some of the stuff she wanted released and some of the information identifying the countries has been redacted."
  • There is also a risk that any information about foreign countries that aided the CIA programs, even using code names,  could be matched against public reporting that already exists to make them more identifiable. There have been news reports about cooperation by the governments of Poland,  Lithuania, Romania, Thailand and others. "Just because something is leaked doesn’t mean it’s still not secret," Rizzo said. "A national security secret is still a national security secret until the government says otherwise."
  • Originally there had been bipartisan support for the majority staff’s investigation, and the committee’s Republican staff was initially part of the investigation -- but it withdrew early in the process. Even after the Republican staff disowned the investigation, some Republican senators continued to support declassification, including John McCain and Lindsey Graham.
  • The release will not include internal CIA documents that the agency accused Feinstein’s staff of improperly removing from a CIA facility that had been set up for the investigators to work at. Feinstein said that her staff had removed the documents, including a review by Panetta, only after CIA officials tried to surreptitiously remove them from computers being used by the committee’s staff. “What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing,” Feinstein said on the Senate floor in July. “The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us.”
  • Paul Merrell on 06 Dec 14
     
    Nations that knowingly hosted the CIA "black sites" won't be named, as though their own citizens should be deprived of that information. I still maintain that there would be no need for redacting CIA agents' names who participated in the torture if they were named in criminal complaints as they are required to be by the Convention Against Torture, which -- through the Constitution's Treaty Clause, is "the law of this land." 
Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

www.theguardian.com/...es-allowing-state-surveillance

surveillance state non-U.S.-spy-agencies Vodafone

shared by Paul Merrell on 07 Jun 14 - No Cached
  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
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  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
  • Paul Merrell on 07 Jun 14
     
    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Paul Merrell

LEAKED: Secret Negotiations to Let Big Brother Go Global | Wolf Street - 0 views

wolfstreet.com/...s-to-let-big-brother-go-global

trade agreements TISA privatization data privacy globalization

shared by Paul Merrell on 29 Dec 14 - No Cached
  • Much has been written, at least in the alternative media, about the Trans Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), two multilateral trade treaties being negotiated between the representatives of dozens of national governments and armies of corporate lawyers and lobbyists (on which you can read more here, here and here). However, much less is known about the decidedly more secretive Trade in Services Act (TiSA), which involves more countries than either of the other two. At least until now, that is. Thanks to a leaked document jointly published by the Associated Whistleblowing Press and Filtrala, the potential ramifications of the treaty being hashed out behind hermetically sealed doors in Geneva are finally seeping out into the public arena.
  • If signed, the treaty would affect all services ranging from electronic transactions and data flow, to veterinary and architecture services. It would almost certainly open the floodgates to the final wave of privatization of public services, including the provision of healthcare, education and water. Meanwhile, already privatized companies would be prevented from a re-transfer to the public sector by a so-called barring “ratchet clause” – even if the privatization failed. More worrisome still, the proposal stipulates that no participating state can stop the use, storage and exchange of personal data relating to their territorial base. Here’s more from Rosa Pavanelli, general secretary of Public Services International (PSI):
  • The leaked documents confirm our worst fears that TiSA is being used to further the interests of some of the largest corporations on earth (…) Negotiation of unrestricted data movement, internet neutrality and how electronic signatures can be used strike at the heart of individuals’ rights. Governments must come clean about what they are negotiating in these secret trade deals. Fat chance of that, especially in light of the fact that the text is designed to be almost impossible to repeal, and is to be “considered confidential” for five years after being signed. What that effectively means is that the U.S. approach to data protection (read: virtually non-existent) could very soon become the norm across 50 countries spanning the breadth and depth of the industrial world.
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  • The main players in the top-secret negotiations are the United States and all 28 members of the European Union. However, the broad scope of the treaty also includes Australia, Canada, Chile, Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea, Switzerland, Taiwan and Turkey. Combined they represent almost 70 percent of all trade in services worldwide. An explicit goal of the TiSA negotiations is to overcome the exceptions in GATS that protect certain non-tariff trade barriers, such as data protection. For example, the draft Financial Services Annex of TiSA, published by Wikileaks in June 2014, would allow financial institutions, such as banks, the free transfer of data, including personal data, from one country to another. As Ralf Bendrath, a senior policy advisor to the MEP Jan Philipp Albrecht, writes in State Watch, this would constitute a radical carve-out from current European data protection rules:
Paul Merrell

The Trans-Pacific Partnership and the Death of the Republic | WEB OF DEBT BLOG - 0 views

ellenbrown.com/...-and-the-death-of-the-republic

trade agreements TPP fast-track Investor-State-DisputeSettlement ISDS legislation

shared by Paul Merrell on 26 Apr 15 - No Cached
  • On April 22, 2015, the Senate Finance Committee approved a bill to fast-track the Trans-Pacific Partnership (TPP), a massive trade agreement that would override our republican form of government and hand judicial and legislative authority to a foreign three-person panel of corporate lawyers. The secretive TPP is an agreement with Mexico, Canada, Japan, Singapore and seven other countries that affects 40% of global markets. Fast-track authority could now go to the full Senate for a vote as early as next week. Fast-track means Congress will be prohibited from amending the trade deal, which will be put to a simple up or down majority vote. Negotiating the TPP in secret and fast-tracking it through Congress is considered necessary to secure its passage, since if the public had time to review its onerous provisions, opposition would mount and defeat it.
  • The most controversial provision of the TPP is the Investor-State Dispute Settlement (ISDS) section, which strengthens existing ISDS  procedures. ISDS first appeared in a bilateral trade agreement in 1959. According to The Economist, ISDS gives foreign firms a special right to apply to a secretive tribunal of highly paid corporate lawyers for compensation whenever the government passes a law to do things that hurt corporate profits — such things as discouraging smoking, protecting the environment or preventing a nuclear catastrophe. Arbitrators are paid $600-700 an hour, giving them little incentive to dismiss cases; and the secretive nature of the arbitration process and the lack of any requirement to consider precedent gives wide scope for creative judgments. To date, the highest ISDS award has been for $2.3 billion to Occidental Oil Company against the government of Ecuador over its termination of an oil-concession contract, this although the termination was apparently legal. Still in arbitration is a demand by Vattenfall, a Swedish utility that operates two nuclear plants in Germany, for compensation of €3.7 billion ($4.7 billion) under the ISDS clause of a treaty on energy investments, after the German government decided to shut down its nuclear power industry following the Fukushima disaster in Japan in 2011.
  • Under the TPP, however, even larger judgments can be anticipated, since the sort of “investment” it protects includes not just “the commitment of capital or other resources” but “the expectation of gain or profit.” That means the rights of corporations in other countries extend not just to their factories and other “capital” but to the profits they expect to receive there.
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  • Under the TPP, could the US government be sued and be held liable if it decided to stop issuing Treasury debt and financed deficit spending in some other way (perhaps by quantitative easing or by issuing trillion dollar coins)? Why not, since some private companies would lose profits as a result? Under the TPP or the TTIP (the Transatlantic Trade and Investment Partnership under negotiation with the European Union), would the Federal Reserve be sued if it failed to bail out banks that were too big to fail? Firestone notes that under the Netherlands-Czech trade agreement, the Czech Republic was sued in an investor-state dispute for failing to bail out an insolvent bank in which the complainant had an interest. The investor company was awarded $236 million in the dispute settlement. What might the damages be, asks Firestone, if the Fed decided to let the Bank of America fail, and a Saudi-based investment company decided to sue?
  • Just the threat of this sort of massive damage award could be enough to block prospective legislation. But the TPP goes further and takes on the legislative function directly, by forbidding specific forms of regulation. Public Citizen observes that the TPP would provide big banks with a backdoor means of watering down efforts to re-regulate Wall Street, after deregulation triggered the worst financial crisis since the Great Depression: The TPP would forbid countries from banning particularly risky financial products, such as the toxic derivatives that led to the $183 billion government bailout of AIG. It would prohibit policies to prevent banks from becoming “too big to fail,” and threaten the use of “firewalls” to prevent banks that keep our savings accounts from taking hedge-fund-style bets. The TPP would also restrict capital controls, an essential policy tool to counter destabilizing flows of speculative money. . . . And the deal would prohibit taxes on Wall Street speculation, such as the proposed Robin Hood Tax that would generate billions of dollars’ worth of revenue for social, health, or environmental causes.
  • Clauses on dispute settlement in earlier free trade agreements have been invoked to challenge efforts to regulate big business. The fossil fuel industry is seeking to overturn Quebec’s ban on the ecologically destructive practice of fracking. Veolia, the French behemoth known for building a tram network to serve Israeli settlements in occupied East Jerusalem, is contesting increases in Egypt’s minimum wage. The tobacco maker Philip Morris is suing against anti-smoking initiatives in Uruguay and Australia. The TPP would empower not just foreign manufacturers but foreign financial firms to attack financial policies in foreign tribunals, demanding taxpayer compensation for regulations that they claim frustrate their expectations and inhibit their profits.
  • What is the justification for this encroachment on the sovereign rights of government? Allegedly, ISDS is necessary in order to increase foreign investment. But as noted in The Economist, investors can protect themselves by purchasing political-risk insurance. Moreover, Brazil continues to receive sizable foreign investment despite its long-standing refusal to sign any treaty with an ISDS mechanism. Other countries are beginning to follow Brazil’s lead. In an April 22nd report from the Center for Economic and Policy Research, gains from multilateral trade liberalization were shown to be very small, equal to only about 0.014% of consumption, or about $.43 per person per month. And that assumes that any benefits are distributed uniformly across the economic spectrum. In fact, transnational corporations get the bulk of the benefits, at the expense of most of the world’s population.
  • Something else besides attracting investment money and encouraging foreign trade seems to be going on. The TPP would destroy our republican form of government under the rule of law, by elevating the rights of investors – also called the rights of “capital” – above the rights of the citizens. That means that TPP is blatantly unconstitutional. But as Joe Firestone observes, neo-liberalism and corporate contributions seem to have blinded the deal’s proponents so much that they cannot see they are selling out the sovereignty of the United States to foreign and multinational corporations.
  • For more information and to get involved, visit: Flush the TPP The Citizens Trade Campaign Public Citizen’s Global Trade Watch Eyes on Trade
Paul Merrell

Review & Outlook: Loose Lips on Syria - WSJ.com - 0 views

online.wsj.com/...4591204579039011328308776.html

war & peace Syria Obama war crimes Pipelinestan

shared by Paul Merrell on 28 Aug 13 - No Cached
  • An American military attack on Syria could begin as early as Thursday and will involve three days of missile strikes, according to "senior U.S. officials" talking to NBC News. The Washington Post has the bombing at "no more than two days," though long-range bombers could "possibly" join the missiles. "Factors weighing into the timing of any action include a desire to get it done before the president leaves for Russia next week," reports CNN, citing a "senior administration official." The New York Times, quoting a Pentagon official, adds that "the initial target list has fewer than 50 sites, including air bases where Syria's Russian-made attack helicopters are deployed." The Times adds that "like several other military officials contacted for this report, the official agreed to discuss planning options only on condition of anonymity." Thus do the legal and moral requirements of secret military operations lose out in this Administration to the imperatives of in-the-know spin and political gestures.
  • It's always possible that all of this leaking about when, how and for how long the U.S. will attack Syria is an elaborate head-fake, like Patton's ghost army on the eve of D-Day, poised for the assault on Calais. But based on this Administration's past behavior, such as the leaked bin Laden raid details, chances are most of this really is the war plan. Which makes us wonder why the Administration even bothers to pursue the likes of Edward Snowden when it is giving away its plan of attack to anyone in Damascus with an Internet connection. The answer, it seems, is that the attack in Syria isn't really about damaging the Bashar Assad regime's capacity to murder its own people, much less about ending the Assad regime for good. "I want to make clear that the options that we are considering are not about regime change," White House spokesman Jay Carney said Tuesday. Translation: We're not coming for you, Bashar, so don't worry. And by the way, you might want to fly those attack choppers off base, at least until next week.
  • So what is the purpose of a U.S. attack? Mr. Carney elaborated that it's "about responding to [a] clear violation of an international standard that prohibits the use of chemical weapons." He added that the U.S. had a national security interest that Assad's use of chemical weapons "not go unanswered." This is another way of saying that the attacks are primarily about making a political statement, and vindicating President Obama's ill-considered promise of "consequences," rather than materially degrading Assad's ability to continue to wage war against his own people. It should go without saying that the principal purpose of a military strike is to have a military effect. Political statements can always be delivered politically, and U.S. airmen should not be put in harm's way to deliver what amounts to an extremely loud diplomatic demarche. That's especially so with a "do something" strike that is, in fact, deliberately calibrated to do very little. We wrote Tuesday that there is likely to be no good outcome in Syria until Assad and his regime are gone. Military strikes that advance that goal—either by targeting Assad directly or crippling his army's ability to fight—deserve the support of the American people and our international partners. That's not what this Administration seems to have in mind.
  • Paul Merrell on 28 Aug 13
     
    This typically pompous Wall Street Journal editorial gets part of it right but ignores several elephants in the room. -- No way this goes down without Russia having agreed to it. Russia's only foreign military base is a naval port in Syria. Russia has deployed anti-aircraft missile batteries in Syria. Russia has supplied the Syrian government with state-of-the-art antiaircraft shoulder-held missiles. Several months ago, the Russians moved a fleet of warships into the Mediterranean for the first time, to protect Syria from foreign attack, including at least one submarine equipped with anti-ship missiles.  The U.S. and Russia have been engaged in building up their forces positioned around for over a year, in an escalating fashion. Russia has a huge economic incentive to keep Assad in power because he is blocking the natural gas pipeline that western interests want to run through Syria Russia has also built up its forces within Syria, a pipeline that would break Russia's near-monopoly on supplying natural gas to the European Union. A direct military intervention in Syria doesn't go down without Russia's approval, notwithstanding what their later statements might be. Obama is an accomplished liar but he's politically timid. Touching off World War III is not on his agenda. 2. Iran also has to acquiesce in advance. Syria and Iran have a mutual defense treaty, the first announced in 2005, a later treaty announced in 2008. http://tinyurl.com/oez2dq7 (.) Thousands of crack Iranian Revolutionary Guards troops are already stationed in Syria. As the only other Shia-majority state in the region, Syria is critical to Iran's own defense. Iran has the ability to close the Straits of Hormuz, thereby toppling the western world economy as petroleum supplies suddenly dry up. The U.S. Navy lacks the ability to quickly clear the Straits of mines, as was proved in embarrassingly bad tests the U.S. Navy did last year. Iran is not a world power but its military might is nothing to sneez
Paul Merrell

Press Release - Secret Trade in Services Agreement (TISA) - Financial Services Annex - 0 views

wikileaks.org/...press.html

banksters deregulation Trade-In-Services-Agreement secret-treaties Wikileaks

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  • Today, WikiLeaks released the secret draft text for the Trade in Services Agreement (TISA) Financial Services Annex, which covers 50 countries and 68.2%1 of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TISA enters into force. Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures2, proponents of TISA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals – mainly headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data. TISA negotiations are currently taking place outside of the General Agreement on Trade in Services (GATS) and the World Trade Organization (WTO) framework. However, the Agreement is being crafted to be compatible with GATS so that a critical mass of participants will be able to pressure remaining WTO members to sign on in the future. Conspicuously absent from the 50 countries covered by the negotiations are the BRICS countries of Brazil, Russia, India and China. The exclusive nature of TISA will weaken their position in future services negotiations. The draft text comes from the April 2014 negotiation round - the sixth round since the first held in April 2013. The next round of negotiations will take place on 23-27 June in Geneva, Switzerland.
  • Paul Merrell on 22 Jun 14
     
    "Today, WikiLeaks released the secret draft text for the Trade in Services Agreement (TISA) Financial Services Annex, which covers 50 countries and 68.2%1 of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TISA enters into force. Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures2, proponents of TISA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals - mainly headquartered in New York, London, Paris and Frankfurt - into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data. TISA negotiations are currently taking place outside of the General Agreement on Trade in Services (GATS) and the World Trade Organization (WTO) framework. However, the Agreement is being crafted to be compatible with GATS so that a critical mass of participants will be able to pressure remaining WTO members to sign on in the future. Conspicuously absent from the 50 countries covered by the negotiations are the BRICS countries of Brazil, Russia, India and China. The exclusive nature of TISA will weaken their position in future services negotiations. The draft text comes from the April 2014 negotiation round - the sixth round since the first held in April 2013. The next round of negotiations will take place on 23-27 June in Geneva, Switzerland."
Paul Merrell

Israel Crosses the Threshold II: The Nixon Administration Debates the Emergence of the ... - 0 views

www2.gwu.edu/...ebb485

war & peace U.S.-foreign-policy Israeli-nukes Nixon

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  • Washington, D.C., September 12, 2014 – During the spring and summer of 1969, officials at the Pentagon, the State Department, the Central Intelligence Agency, and the White House debated and discussed the problem of the emergence of a nuclear Israel. Believing that Israel was moving very close to a nuclear weapons capability or even possession of actual weapons, the Nixon administration debated whether to apply pressure to restrain the Israelis or even delay delivery of advanced Phantom jets whose sale had already been approved. Recently declassified documents produced in response to a mandatory declassification review request by the National Security Archive, and published today by the Archive in cooperation with the Nuclear Proliferation International History Project, show that top officials at the Pentagon were especially supportive of applying pressure on Israel. On 14 July 1969, Deputy Secretary of Defense (and Hewlett-Packard co-founder) David Packard signed a truly arresting memorandum to Secretary of Defense Melvin Laird, arguing that failure to exert such pressure "would involve us in a conspiracy with Israel which would leave matters dangerous to our security in their hands." In the end, Laird and Packard and others favoring pressure lost the debate. While National Security Advisor Henry Kissinger supported some of their ideas, he also believed that, at the minimum, it would be sufficient for U.S. interests if Israel kept their nuclear activities secret. As he put on his draft memo to President Nixon on or around July 19, "public knowledge is almost as dangerous as possession itself." Indeed, Nixon opposed pressure and was willing to tolerate Israeli nuclear weapons as long as they stayed secret.
  • Earlier this year (2014), in response to a mandatory declassification review appeal filed by the National Security Archive in July 2009, the Interagency Security Classification Appeal Panel (ISCAP) declassified additional documents and information that shed brighter light on this highly sensitive policy debate. NSSM 40 is now declassified and published for the first time as is the formal interagency response to it. The intelligence reports prepared during the NSSM process remain classified, however. These along with other documents in the ISCAP release (including records that were declassified in 2007 and material published in 2006) elucidate the complexity and the enormous sensitivity of the internal debate over how far to apply pressure and what exactly the U.S. should ask of Israel. The interagency response revealed unanimity in goals-Israel should sign the Nuclear Nonproliferation Treaty (NPT) and halt its weapons program-but exposed significant divisions over how far Israel should be pressed and whether Washington should use military sales-in particular, withholding the delivery of Phantom jets, as leverage. There were also differences in how various officials assessed and conceptualized Israel's nuclear status at that time, and what commitments could realistically be asked of Israel. It might well be that the split of opinion between Defense and State allowed President Nixon even more freedom in making his own decision.
  • It appears now that a long memorandum written by Assistant Secretary of Defense Paul Warnke, a holdover from the Lyndon Johnson administration, to the new secretary of defense, Melvin Laird, was important element in the instigation of NSSM 40. Believing that it would be a danger to US interests if Israel acquired nuclear weapons, Warnke argued in his memo of 15 February 1969 that the United States must respond to the new Israeli nuclear reality and asked Laird to "consider another serious, concerted, and sustained effort to persuade Israel to halt its work on strategic missiles and nuclear weapons." Warnke believed that Washington must be ready to exert heavy pressure on Israel, starting with a presidential demarche. The view that it would be a danger to US security interests if Israel acquired nuclear weapons was at that time a largely non-partisan matter. Senior Democrats and Republicans within both the Johnson and Nixon administrations held that view, and both Laird and his deputy David Packard were responsive to Warnke's arguments that the US should apply pressure. To some extent, as Packard suggested in his July memorandum, even Kissinger seems at one time to have been part of that consensus, though his views were somewhat more subtle and variable. This nonpartisan consensus highlights how at the end independent-in fact, secretive and aloof-President Nixon was as he made his own decisions on the matter. Thus, he ruled against using the Phantoms as pressure and in doing so left the United States with no leverage whatsoever.
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  • The historical picture is far from complete in other areas as well. Most intriguing, we still do not know much about President Nixon's direct involvement in the debate, in particular exactly how, when, and why he ultimately overruled strong advice from senior officials to use pressure against the Israeli government. A draft Kissinger memorandum, declassified in 2007 and included in today's publication, sheds some light on why Nixon may have concluded that keeping the Israeli nuclear program a secret was the optimum solution. Certainly the outcome of the Nixon-Meir secret understanding-which left the Israeli program in place and secret-was significantly different from the recommendations of his key officials (not withstanding National Security Advisor, Henry Kissinger), but to this day we have almost no paper trail on the most important element in the policy puzzle: what exactly went on during the Nixon-Meir one-on-one meeting of 26 September 1969. Indeed, it appears that no record exists in the national archives of either country that reveals what was agreed to at the meeting
  • THE DOCUMENTS Except for documents 2, 8, and 10, the following documents are from a file, Israel 471.61, in the 1969 Top Secret records of Secretary of Defense Melvin Laird and his deputy David Packard held at the Federal Records Center in Suitland, Maryland. The file was the subject of a 2006 mandatory declassification review request that led to a final appeal in 2009 by the National Security Archive to ISCAP, which released more information earlier this year.
  • Paul Merrell on 13 Sep 14
     
    An important step along the path toward Israel's current dictation of U.S. foreign policy in the Mideast. Once acquired, Israel let be known its Samson Option, its national policy to take out all Mideast major cities with nukes if Israel was attacked and was about to fall.  
Paul Merrell

New Leak Of Final TPP Text Confirms Attack On Freedom Of Expression, Public Health - 0 views

www.mintpressnews.com/...210233

economic-warfare TPP agreement-texts

shared by Paul Merrell on 10 Oct 15 - No Cached
  • Offering a first glimpse of the secret 12-nation “trade” deal in its final form—and fodder for its growing ranks of opponents—WikiLeaks on Friday published the final negotiated text for the Trans-Pacific Partnership (TPP)’s Intellectual Property Rights chapter, confirming that the pro-corporate pact would harm freedom of expression by bolstering monopolies while and injure public health by blocking patient access to lifesaving medicines. The document is dated October 5, the same day it was announced in Atlanta, Georgia that the member states to the treaty had reached an accord after more than five years of negotiations. Aside from the WikiLeaks publication, the vast majority of the mammoth deal’s contents are still being withheld from the public—which a WikiLeaks press statement suggests is a strategic move by world leaders to forestall public criticism until after the Canadian election on October 19. Initial analyses suggest that many of the chapter’s more troubling provisions, such as broader patent and data protections that pharmaceutical companies use to delay generic competition, have stayed in place since draft versions were leaked in 2014 and 2015. Moreover, it codifies a crackdown on freedom of speech with rules allowing widespread internet censorship.
Paul Merrell

US, Israel are the only countries to oppose UN ban on weapons in outer space | The Elec... - 0 views

electronicintifada.net/...ose-un-ban-weapons-outer-space

war & peace Israel NNTP space-arms-race U.N.-vote U.S.-foreign-policy

shared by Paul Merrell on 04 Dec 14 - No Cached
  • Israel and the United States were the only two countries to vote against a UN resolution calling for the prevention of an arms race in outer space. The resolution was among several dealing with international disarmament passed by the General Assembly on 2 December, including one calling on Israel to join the Nuclear Non-Proliferation Treaty and bring its rogue nuclear program under international supervision. China and India, which both have space programs, along with the member states of the European Space Agency, voted for the initiative aimed at keeping space free of weapons.
  • The US and Israel were also the only two countries to vote against a separate UN resolution calling for a prohibition on the development and manufacture of new types of weapons of mass destruction. That resolution passed with 174 countries voting in favor and a single abstention, Ukraine. Among those voting for the ban on new weapons of mass destruction were Iran and Iraq, two states subjected to devastating war or sanctions on the basis of dubious or fabricated Israeli and American claims that they intended to produce such weapons.
  • The US and Israel were only slightly less isolated when it came to a resolution on the “risk of nuclear proliferation in the Middle East.” The only votes against the resolution were Canada, Israel, the US and its colonial holdover Micronesia. The resolution calls on Israel to sign the Nuclear Non-Proliferation Treaty (NPT) “without delay,” noting that it remains “the only State in the Middle East that has not yet” done so. Since the 1950s, Israel has been making atomic bombs with the complicity and support of its Western sponsors including France, the US and the UK.
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  • The resolution urges Israel to place “all its nuclear facilities under comprehensive International Atomic Energy Agency safeguards.”
  • Israel and the United States were the only two countries to vote against a UN resolution calling for the prevention of an arms race in outer space. The resolution was among several dealing with international disarmament passed by the General Assembly on 2 December, including one calling on Israel to join the Nuclear Non-Proliferation Treaty and bring its rogue nuclear program under international supervision. China and India, which both have space programs, along with the member states of the European Space Agency, voted for the initiative aimed at keeping space free of weapons. The US and Israel were also the only two countries to vote against a separate UN resolution calling for a prohibition on the development and manufacture of new types of weapons of mass destruction.
Paul Merrell

John McCain, Conductor of the "Arab Spring" and the Caliph , by Thierry Meyssan - 0 views

www.voltairenet.org/article185085.html

war & peace Iraq Syria U.S.-foreign-policy ISIL McCain NED Benghazi Arab Spring

shared by Paul Merrell on 27 Aug 14 - No Cached
  • Everyone has noticed the contradiction of those who recently characterized the Islamic Emirate as "freedom fighters" in Syria and who are indignant today faced with its abuses in Iraq. But if that speech is incoherent in itself, it makes perfect sense in the strategic plan: the same individuals were to be presented as allies yesterday and must be as enemies today, even if they are still on orders from Washington. Thierry Meyssan reveals below US policy through the particular case of Senator John McCain, conductor of the "Arab Spring" and longtime partner of Caliph Ibrahim.
  • ohn McCain is known as the leader of the Republicans and unhappy 2008 US presidential candidate. This is, we will see, only the real part of his biography, which serves as a cover to conduct covert actions on behalf of his government. When I was in Libya during the "Western"attack, I was able to view a report of the foreign intelligence services. It stated that, on February 4, 2011 in Cairo, NATO organized a meeting to launch the "Arab Spring" in Libya and Syria. According to this document, the meeting was chaired by John McCain. The report detailed the list of Libyan participants, whose delegation was led by the No. 2 man of the government of the day, Mahmoud Jibril, who abruptly switched sides at the entrance of the meeting to become the opposition leader in exile. I remember that, among the French delegates present, the report quoted Bernard-Henry Lévy, although officially he had never exercised functions within the French government. Many other personalities attended the symposium, including a large delegation of Syrians living abroad.
  • Emerging from the meeting, the mysterious Syrian Revolution 2011 Facebook account called for demonstrations outside the People’s Council (National Assembly) in Damascus on February 11. Although this Facebook account at the time claimed to have more than 40,000 followers, only a dozen people responded to its call before the flashes of photographers and hundreds of police. The demonstration dispersed peacefully and clashes only began more than a month later in Deraa. [1] On February 16, 2011, a demonstration underway in Benghazi, in memory of members of the Islamic Fighting Group in Libya [2] massacred in 1996 in the Abu Selim prison, degenerated into shooting. The next day, a second event, this time in memory of those who died by attacking the Danish consulate during the Muhammad cartoons affair, also degenerated into shooting. At the same time, members of the Islamic Fighting Group in Libya ,coming from Egypt and coordinated by unidentified, hooded individuals, simultaneously attacked four military bases in four different cities. After three days of fighting and atrocities, the rebels launched the uprising of Cyrenaica against Tripolitania [3]; a terrorist attack that the western press falsely presented as a "democratic revolution" against "the regime" of Muammar el-Qaddafi.
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  • On February 22nd, John McCain was in Lebanon. He met members of the Future Movement (the party of Saad Hariri) whom he charged to oversee the transfer of arms to Syria around the MP Okab Sakr [4]. Then, leaving Beirut, he inspected the Syrian border and the selected villages including Ersal, which were used as a basis to back mercenaries in the war to come. The meetings chaired by John McCain were clearly the trigger point for a long-prepared Washington plan; the plan that would have the UK and France attack Libya and Syria simultaneously, following the doctrine of "leadership from behind" and the annex of the Treaty of Lancaster House of November 2010. [5]
  • In May 2013, Senator John McCain made his way illegally to near Idleb in Syria via Turkey to meet with leaders of the "armed opposition". His trip was not made public until his return to Washington. [6] This movement was organized by the Syrian Emergency Task Force, which, contrary to its title, is a Zionist Organization led by a Palestinian employee of AIPAC [7]
  • John McCain in Syria. In the foreground at right is the director of the Syrian Emergency Task Force. In the doorway, center, Mohammad Nour.
  • In photographs released at that time, one noticed the presence of Mohammad Nour, a spokesman for the Northern Storm Brigade (of the Al-Nosra Front, that is to say, al-Qaeda in Syria), who kidnapped and held 11 Lebanese Shiite pilgrims in Azaz. [8] Asked about his proximity to al-Qaeda kidnappers, the Senator claimed not to know Mohammad Nour who would have invited himself into this photo. The affair made a great noise and the families of the abducted pilgrims lodged a complaint before the Lebanese judiciary against Senator McCain for complicity in kidnapping. Ultimately, an agreement was reached and the pilgrims were released. Let’s suppose that Senator McCain had told the truth and that he was abused by Mohammad Nour. The object of his illegal trip to Syria was to meet the chiefs of staff of the Free Syrian Army. According to him, the organization was composed "exclusively of Syrians" fighting for "their freedom" against the "Alouite dictatorship” (sic). The tour organizers published this photograph to attest to the meeting.
  • John McCain and the heads of the Free Syrian Army. In the left foreground, Ibrahim al-Badri, with which the Senator is talking. Next, Brigadier General Salim Idris (with glasses).
  • If we can see Brigadier General Idriss Salem, head of the Free Syrian Army, one can also see Ibrahim al-Badri (foreground on the left) with whom the senator is talking. Back from the surprise trip, John McCain claimed that all those responsible for the Free Syrian Army were "moderates who can be trusted" (sic).
  • However, since October 4, 2011, Ibrahim al-Badri (also known as Abu Du’a) was on the list of the five terrorists most wanted by the United States (Rewards for Justice). A premium of up to $ 10 million was offered to anyone who would assist in his capture. [9] The next day, October 5, 2011, Ibrahim al-Badri was included in the list of the Sanctions Committee of the UN as a member of Al Qaeda. [10] In addition, a month before receiving Senator McCain, Ibrahim al-Badri, known under his nom de guerre as Abu Bakr al-Baghdadi, created the Islamic State in Iraq and the Levant (ÉIIL) – all the while still belonging to the staff of the very "moderate" Free Syrian Army. He claimed as his own the attack on the Taj and Abu Ghraib prisons in Iraq, from which he helped between 500 and 1,000 jihadists escape who then joined his organization. This attack was coordinated with other almost simultaneous operations in eight other countries. Each time, the escapees joined the jihadist organizations fighting in Syria. This case is so strange that Interpol issued a note and requested the assistance of the 190 member countries. [11]
  • For my part, I have always said that there was no difference on the ground between the Free Syrian Army, Al-Nosra Front, the Islamic Emirate etc ... All these organizations are composed of the same individuals who continuously change flag. When they pose as the Free Syrian Army, they fly the flag of French colonization and speak only of overthrowing the "dog Bashar." When they say they belong to Al-Nosra Front, they carry the flag of al Qaeda and declare their intention to spread Islam in the world. Finally when they say they are the Islamic Emirate, they brandish the flag of the Caliphate and announce that they will clean the area of all infidels. But whatever the label, they proceed to the same abuses: rape, torture, beheadings, crucifixions. Yet neither Senator McCain nor his companions of the Syrian Emergency Task Force provided the information in their possession on Ibrahim al-Badri to the State Department, nor have they asked for the reward. Nor have they informed the anti-terrorism Committee of the UN.
  • But John McCain is not just the leader of the political opposition to President Obama, he is also one of his senior officials! He is in fact President of the International Republican Institute (IRI), the republican branch of NED / CIA [12], since January 1993. This so-called "NGO" was officially established by President Ronald Reagan to extend certain activities of the CIA, in connection with the British, Canadian and Australian secret services. Contrary to its claims, it is indeed an inter-governmental agency. Its budget is approved by Congress in a budget line dependent of the Secretary of State. It is also because it is a joint agency of the Anglo-Saxon secret services that several states in the world prohibit it from any activity on their territory.
  • he list of interventions by John McCain on behalf of the State Department is impressive. He participated in all the color revolutions of the last twenty years.
  • And an agent that has the best coverage imaginable: he is the official opponent of Barack Obama. As such, he can travel anywhere in the world (he is the most traveled US senator) and meet whoever he wants without fear. If his interlocutors approve Washington policy, he promised them to continue it, if they fight it, he hands over the responsibility to President Obama.
  • In 2003, France’s opposition was not enough to offset the influence of the Committee for the Liberation of Iraq. The United States attacked the country again and this time overthrew President Hussein. Of course, John McCain was a major contributor to the Committee. After handing to a private company the care of plundering the country for a year [17], they tried to partition Iraq into three separate states, but had to give it up due to the resistance of the population. They tried again in 2007, around the Biden-Brownback resolution, but again failed. [18] Hence the current strategy that attempts to achieve this by means of a non-state actor: the Islamic Emirate.
  • The operation was planned well in advance, even before the meeting between John McCain and Ibrahim al-Badri. For example, internal correspondence from the Qatari Ministry of Foreign Affairs, published by my friends James and Joanne Moriarty [19], shows that 5,000 jihadis were trained at the expense of Qatar in NATO’s Libya in 2012, and 2,5 million dollars was paid at the same time to the future Caliph. In January of 2014, the Congress of the United States held a secret meeting at which it voted, in violation of international law, to approve funding for the Al-Nosra Front (Al-Qaeda) and the Islamic emirate in Iraq and the Levant until September 2014. [20] Although it is unclear precisely what was really agreed to during this meeting revealed by the British Reuters news agency [21], and no media US media dared bypass censorship, it is highly probable that the law includes a section on arming and training jihadists.
  • Proud of this US funding, Saudi Arabia has claimed on its public television channel, Al-Arabiya, that the Islamic Emirate was headed by Prince Abdul Rahman al-Faisal, brother of Prince Saud al Faisal (Foreign Minister) and Prince Turki al-Faisal (Saudi ambassador to the United States and the United Kingdom) [22]. The Islamic Emirate represents a new step in the world of mercenaries. Unlike jihadi groups who fought in Afghanistan, Bosnia-Herzegovina and Chechnya around Osama bin Laden, it does not constitute a residual force but actually an army in itself. Unlike previous groups in Iraq, Libya and Syria, around Prince Bandar bin Sultan, they have sophisticated communication services at their disposal for recruitment and civilian officials trained in large western schools capable of instantly taking over the administration of a territory.
  • Brand new Ukrainian weapons were purchased by Saudi Arabia and conveyed by the Turkish secret services who gave them to the Islamic Emirate. Final details were coordinated with the Barzani family at a meeting of jihadist groups in Amman on 1 June 2014. [23] The joint attack on Iraq by the Islamic Emirate and the Kurdistan Regional Government began four days later. The Islamic Emirate seized the Sunni part of the country, while the Kurdistan Regional Government increased its territory by over 40%. Fleeing the atrocities of jihadists, religious minorities left the Sunni area, paving the way for the three-way partition of the country. Violating the Iraqi-US Defense agreement, the Pentagon did not intervene and allowed the Islamic Emirate to continue its conquest and massacres. A month later, while the Kurdish Peshmerga Regional Government had retreated without a fight, and when the emotions of world public opinion became too strong, President Obama gave the order to bomb some positions of the Islamic Emirate. However, according to General William Mayville, director of operations at the headquarters, "These bombings are unlikely to affect the overall capacity of the Islamic Emirate and its activities in other areas of Iraq or Syria ". [24] Obviously, they are not meant to destroy the jihadist army, but only to ensure that each player does not overlap the territory that has been assigned. Moreover, for the moment, they are symbolic and have destroyed only a handful of vehicles. It was ultimately the intervention of the Kurds of the Turkish and Syrian Kurdish PKK which halted the progress of the Islamic Emirate and opened a corridor to allow civilians to escape the massacre.
  • In the latest issue of its magazine, the Islamic Emirate devoted two pages to denounce Senator John McCain as "the enemy" and "double-crosser", recalling his support for the US invasion of Iraq. Lest this accusation remain unknown in the United States, Senator immediately issued a statement calling the Emirate the "most dangerous Islamist terrorist group in the world" [26]. This controversy is there only to distract the gallery. One would like to believe it ... if it were’t for this photograph from May 2013.
  • Paul Merrell on 27 Aug 14
     
    Thierry Meysann makes the case that Sen. John McCain, working with  was the guiding force behind the Arab Spring, the overthrow of Qadaffi in Libya, and the invasion of Syria by mercenary Islamists, working with a Zionist but deliberately misnomered front group. Thierry goes on to show that McCain played a key role in the creation and deployment of ISIL.  
Gary Edwards

One Hundred Articles of Impeachment against Obama | The Conservative Papers - 1 views

conservativepapers.com/...a-case-for-impeaching-obama

Obammunism articles-of-impeachment

shared by Gary Edwards on 08 May 13 - No Cached
  • Gary Edwards on 08 May 13
     
    Only 100?  Just kidding :)  Congrats to Congressmen Allen West and Darrell Issa for yeoman work.   excerpt: "There is a growing groundswell within American Republican and Tea Party ranks that impeachment proceedings should be initiated against President Obama on a whole list of violations of the Constitution and the War Powers Act Congressmen Allen West of Florida (R-Florida) and Darrell Issa (R- California) have consistently and loudly criticized the president for overstepping the political mark and bypassing Congress's approval on a whole range of dubious policies and issues:and the recent Obama attack on the Supreme Court of Justice and the Russian " Open Mic " gaffe on National Security, leads to one question: Is Barack Obama making his own case for impeachment? Obama did not become the Democratic nominee for President without the help of several leaders of the Democratic Party who knew that he was not eligible for office Listed below are the One Hundred Articles of Impeachment. 1. Appointment of a "shadow government" of some 35+ individuals termed "czars" who are not confirmed by the Senate and respond only to the president, yet have overarching regulatory powers - a clear violation of the separation of powers concept. Obama bypassed the Senate with many of his appointments of over 35 "czars." 2. No congressional support for Libyan action (violation of the War Powers Act ). Obama lied to the American people when he said that there were no US troops on the ground in Libya and then later said they were only "logistical troops." Obama violated the War Powers Act of 1973 by conducting a war against Libya without Congressional authorization. 3. Betraying of allies ( Israel and Great Britain. Obama has placed the security of our most trusted ally in the Middle East, Israel, in danger while increasing funding to the Palestinian Authority (Fatah, just another Islamic terrorist group) whilst they have enjoined a reconciliation pact with l
  • Paul Merrell on 09 May 13
     
    The article is dated April 12, 2004, before Allen West was defeated in his bid for re-election to the House. West is far from a reliable source of information, which shows in the 100 purported reasons for impeachment, which reads like a military-industrial complex wish list. For example, with "allies" like Israel, who needs enemies? West has repeatedly made serious charges that, when pressed by the media for proof, he offered neither evidence nor withdrawal of his charges. West is also a confessed war criminal who admittedly used torture in Iraq to obtain erroneous information from an innocent detainee. Because of the incident, he was removed from his command, charged, and scheduled for court martial under articles 128 and 134 of the Uniform Code of Military Justice. A trial was held but he was rescued from that situation before the decision was rendered by a letter signed by 95 members of Congress. As a result, the felony counts were dropped and he was recharged under Article 15 (minor infractions), fined $5,000, and allowed to resign his commission. Notwithstanding his shameful dereliction of duty, West ran for the House in 2010 as a Tea Party Republican and won, with a campaign that painted himself as a war hero. That is not to say that all of the reasons given for impeachment are invalid. I agree with some of them. I would support Obama's impeachment were there enough votes in the Senate to convict. But even in the House, all of the wind fell out of the impeachment drive's sails when Obama was re-elected.
Paul Merrell

China Tests Missile With 10 Warheads - 0 views

freebeacon.com/...hina-tests-missile-10-warheads

war & peace U.S.-foreign-policy China nukes missiles

shared by Paul Merrell on 20 Feb 17 - No Cached
  • China flight tested a new variant of a long-range missile with 10 warheads in what defense officials say represents a dramatic shift in Beijing's strategic nuclear posture. The flight test of the DF-5C missile was carried out earlier this month using 10 multiple independently targetable reentry vehicles, or MIRVs. The test of the inert warheads was monitored closely by U.S. intelligence agencies, said two officials familiar with reports of the missile test. The missile was fired from the Taiyuan Space Launch Center in central China and flew to an impact range in the western Chinese desert.
  • Paul Merrell on 20 Feb 17
     
    "The test of a missile with 10 warheads is significant because it indicates the secretive Chinese military is increasing the number of warheads in its arsenal. Estimates of China's nuclear arsenal for decades put the number of strategic warheads at the relatively low level of around 250 warheads. U.S. intelligence agencies in February reported that China had begun adding warheads to older DF-5 missiles, in a move that has raised concerns for strategic war planners. Uploading Chinese missiles from single or triple warhead configurations to up to 10 warheads means the number of warheads stockpiled is orders of magnitude larger than the 250 estimate. Currently, U.S. nuclear forces-land-based and sea-based nuclear missiles and bombers-have been configured to deter Russia's growing nuclear forces and the smaller Chinese nuclear force. Under the 2010 U.S.-Russian arms treaty, the United States is slated to reduce its nuclear arsenal to 1,550 deployed warheads. A boost in the Chinese nuclear arsenal to 800 or 1,000 warheads likely would prompt the Pentagon to increase the U.S. nuclear warhead arsenal by taking weapons out of storage."
Paul Merrell

U.S. accuses China of cyber spying on American companies | Reuters - 0 views

www.reuters.com/...sa-china-idUSBREA4I09420140519

surveillance state cyberwar China DoJ Holder

shared by Paul Merrell on 20 May 14 - No Cached
  • The United States on Monday charged five Chinese military officers and accused them of hacking into American nuclear, metal and solar companies to steal trade secrets, ratcheting up tensions between the two world powers over cyber espionage. China immediately denied the charges, saying in a strongly worded Foreign Ministry statement the U.S. grand jury indictment was "made up" and would damage trust between the two nations.Officials in Washington have argued for years that cyber espionage is a top national security concern. The indictment was the first criminal hacking charge that the United States has filed against specific foreign officials, and follows a steady increase in public criticism and private confrontation, including at a summit last year between U.S. President Barack Obama and Chinese President Xi Jinping.
  • Federal prosecutors said the suspects targeted companies including Alcoa Inc, Allegheny Technologies Inc, United States Steel Corp, Toshiba Corp unit Westinghouse Electric Co, the U.S. subsidiaries of SolarWorld AG, and a steel workers' union.
  • According to the indictment, Chinese state-owned companies "hired" Unit 61398 of the People's Liberation Army "to provide information technology services" including assembling a database of corporate intelligence. The Chinese companies were not named.The Shanghai-based Unit 61398 was identified last year by cybersecurity firm Mandiant as the source of a large number of espionage operations. All five defendants worked with 61398, according to the indictment.
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  • U.S. officials have maintained that they do not steal secrets to give an advantage to U.S. companies, but in China, Lewis said, the line between military and business prowess is unclear.Unit 61398 has hundreds of active spies and is just one of dozens of such bodies in China, said Jen Weedon, an analyst at Mandiant, now owned by global network security company FireEye Inc. She said the group is not among the most sophisticated.
  • Washington announced the charges as new claims emerged last week about the scope of overseas spying by the United States. Documents leaked by Snowden showed the agency intercepted and modified equipment made by Cisco Systems Inc that was headed overseas.Cisco responded by asking Obama to curtail U.S. surveillance programs, underscoring the vulnerability of multinationals to a whipsaw of competing government interests.
  • Skeptics said U.S. authorities would not be able to arrest those indicted because Beijing would not hand them over. Still, the move would prevent the individuals from traveling to the United States or other countries that have an extradition agreement with the United States.
  • In an indictment filed in the Western District of Pennsylvania, prosecutors said the officers hacked into computers starting in 2006, often by infecting machines with tainted "spear phishing" emails to employees that purport to be from colleagues.Prosecutors alleged that one hacker, for example, stole cost and pricing information in 2012 from an Oregon-based solar panel production unit of SolarWorld. The company was losing market share at the time to Chinese competitors who were systematically pricing exports below production costs, according to the indictment.Another officer is accused of stealing technical and design specifications about pipes for nuclear plants from Westinghouse Electric as the company was negotiating with a Chinese company to build four power plants in China, prosecutors said.
  • Paul Merrell on 20 May 14
     
    Yesterday I watched the DoJ press conference announcing charges. This article does not capture its spirit. AG Ben Holder faced stiff questions directed by attending reporters. One of the first questions went something like this: "Is it true that the U.S. has extradition treaty with China and these defendants will never be actually prosecuted, and if so, what's the real reason for the charges?" Others raised the hypocrisy of the U.S. move in light of what the NSA has been doing. Holder ducked the tough questions  The press conference was a farce and too many of the reporters realized it. Recall that Obama was days away from traveling to China with the announced purpose of chastising its leader for waging cyberesionage against the U.S. when the first Edward Snowden pulled the moral high ground from beneath Obama's feet. This stunt looks more like it was designed to lesson the government pain by promoting Obama's "everyone does it" meme.   Also not mentioned in this article, at the press confernence the five defendants were identified as generals in the Chinese Army. Might we see China respond by charging a few former and present NSA generals with cyber-espionage? Fun and games on the Beltway. 
Paul Merrell

The Anthrax Files: US Forces Conducted Multiple Secret Anthrax Experiments in South Kor... - 0 views

nsnbc.me/...rax-experiments-in-south-korea

war & peace U.S.-military WMD anthrax bubonic-plague

shared by Paul Merrell on 26 Dec 15 - No Cached
  • The initial admission by the Department of Defense that one sample of  live anthrax was inadvertently sent to  Osan Air Base in South Korea has now been revealed  to be grossly inaccurate.
  • According to a recent report by a US/South Korea joint working group, a US military defense laboratory at Dugway Proving Grounds mailed anthrax to South Korea at least fifteen times prior to the previously acknowledged March, 2015 delivery. These other anthrax samples were delivered to Yongsan Garrison, in central South Korea, between 2009 and 2014.  In addition, a 1-milliliter sample of the Yersinia pestis bacterium (which can cause the bubonic plague) was sent along with the anthrax to Osan.
  • It has recently come to light that the Pentagon FedExed live anthrax to all fifty states and to nine foreign countries. The Department of Defense has declared that errors in the process of inactivating the anthrax resulted in the inadvertence wherein live anthrax was FedExed to foreign and domestic laboratories. 
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  • A former member of the military disagrees with the purported “inadvertence” of the live anthrax mailing. Speaking under terms of confidentiality, a source with former military connections had this to say about the US’s biological weapons program:  “…weaponizing bio & chem materials is in full swing at government research labs (Dugway & Tooele being one of the biggest – as I witnessed back in the late 1980’s). The obvious thing is that they could not have shipped out such quantities with the level of relevant ease if they were not in full swing.”
  • Paul Merrell on 26 Dec 15
     
    The U.S. is a party to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction. http://disarmament.un.org/treaties/t/bwc But the U.S. "bugs and gas boys" have a long history of ignoring the Convention, which unfortunately has no enforcement provisions. 
Paul Merrell

Demand an End to Secret Copyright Trade Deals | EFF Action Center - 1 views

act.eff.org/...o-secret-copyright-trade-deals

copyright privacy secret-negotiations reform treaties TPP

shared by Paul Merrell on 28 Aug 14 - No Cached
  • Senator Ron Wyden may hold the future of the Internet in his hands. Let's call on him to fix the secretive process that has led to trade deals carrying extreme copyright and digital privacy provisions.
  • As Senate Finance Committee Chair, Senator Wyden is under pressure to fast track trade agreements like the Trans-Pacific Partnership (TPP) agreement. But he has another option: to finally bring these deals out into the open. We call on him now to continue to stand up to big private interests and help ensure that our digital rights are protected.
Paul Merrell

Asia Times Online :: Digital Blackwater rules - 0 views

www.atimes.com/...WOR-03-110613.html

surveillance state digital surveillance Snowden extradition

shared by Paul Merrell on 12 Jun 13 - No Cached
  • But when it comes to how a 29-year old IT wizard with little formal education has been able to access a batch of ultra-sensitive secrets of the US intelligence-national security complex, that's a no-brainer; it's all about the gung-ho privatization of spying - referred to by a mountain of euphemisms of the "contractor reliance" kind. In fact the bulk of the hardware and software used by the dizzying network of 16 US intelligence agencies is privatized. A Washington Post investigation found out that US homeland security, counter-terror and spy agencies do business with over 1,900 companies. [2] An obvious consequence of this contractor tsunami - hordes of "knowledge" high-tech proletarians in taupe cubicles - is their indiscriminate access to ultra-sensitive security. A systems administrator like Snowden can have access to practically everything.
  • Since 1996, before the British handover to China, an extradition treaty applies between the tiger and the wolf. [4] The US Department of Justice is already surveying its options. It's important to remember that the Hong Kong judicial system is independent from China's - according to the Deng Xiaoping-conceptualized "one country, two systems". As much as Washington may go for extraditing Snowden, he may also apply for political asylum. In both cases he may stay in Hong Kong for months, in fact years. The Hong Kong government cannot extradite anyone claiming he will be persecuted in his country of origin. And crucially, article 6 of the treaty stipulates, "a fugitive offender shall not be surrendered if the offence of which that person is accused or was convicted is an offence of a political character." Another clause stipulates that a fugitive shall not be surrendered if that implicates "the defense, foreign affairs or essential public interest or policy" of - guess who - the People's Republic of China.
  • So then we may have a case of Hong Kong and Beijing having to reach an agreement. Yet even if they decided to extradite Snowden, he could argue in court this was "an offence of a political character". The bottom line - this could drag on for years. And it's too early to tell how Beijing would play it for maximum leverage. A "win-win" situation from a Chinese point of view would be to balance its commitment to absolute non-interference in foreign domestic affairs, its desire not to rock the fragile bilateral relation boat, but also what non-pivoting move the US government would offer in return.
  • ...1 more annotation...
  • What he stressed is how they all work under a false premise; "If a surveillance program produces information of value, it legitimizes it ... In one step, we've managed to justify the operation of the Panopticon". Oh yes, make no mistake; Snowden has carefully read his Michel Foucault (he also stressed his revulsion facing "the capabilities of this architecture of oppression"). Foucault's deconstruction of the Panopticon's architecture is now a classic (see it here in an excerpt of his 1975 masterpiece Discipline and Punish). The Panopticon was the ultimate surveillance system, designed by utilitarian philosopher Jeremy Bentham in the 18th century. The Panopticon - a tower surrounded by cells, a pre-Orwellian example of "architecture of oppression" - was not originally conceived for the surveillance of a prison, but of a factory crammed with landless peasants on forced labor. Oh, but those were rudimentary proto-capitalist days. Welcome to the (savagely privatized) future, where the NSA black hole, "Digital Blackwater", lords over all as the ultimate Panopticon.
Paul Merrell

Obama starts Syria war to deviate from Snowden scandal: Escobar | Mizo News - 0 views

www.mizonews.net/...e-from-snowden-scandal-escobar

NSA Syria Snowden extradition Hong Kong China

shared by Paul Merrell on 16 Jun 13 - No Cached
  • Snowden has reportedly been stopped from flying to the UK. The man who lifted the lid on America’s secret surveillance activities is being pursued by Washington. For his latest revelation, he told a Hong Kong newspaper that the U.S. repeatedly hacks into Chinese computer networks. For more about the leaks and Snowden’s future we’re now joined live by Pepe Escobar, a roving correspondent for the Asia Times.
  • Paul Merrell on 16 Jun 13
     
    Pepe Escobar is my go-to investigative reporter for the Asian continent. In this video interview, he discusses Edward Snowden's choice of Hong Kong to seek asylum and ties that situation to Obama's decision to arm Syrian "rebels." However, he missed one thing regarding Snowden's forthcoming bid for political asylum in Hong Kong. Yes, Hong Kong has an extradition treaty with the U.S. But Pepe missed that China has legal veto power over Hong decisions to allow extradition. Snowden's choice of Hong Kong as the place to flee to was nothing short of brilliant. First the big PRISM splash in The Guardian, then just before Obama met with the Chinese President to discuss cyberwarfare, Snowden played his documents showing that the NSA has been hacking China and Hong Kong for years. Now China has to protect him. But beware a CIA kidnapping or bullet in the head. BTW, the editorial in the global times that Pepe describes as having flowed straight from the Chinese government's pen is at http://www.globaltimes.cn/content/788734.shtml   
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