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Paul Merrell

Canadian Spies Collect Domestic Emails in Secret Security Sweep - The Intercept - 0 views

  • Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.
  • Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.
  • Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)
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  • The agency notes in the document that it is storing large amounts of “passively tapped network traffic” for “days to months,” encompassing the contents of emails, attachments and other online activity. It adds that it stores some kinds of metadata — data showing who has contacted whom and when, but not the content of the message — for “months to years.” The document says that CSE has “excellent access to full take data” as part of its cyber operations and is receiving policy support on “use of intercepted private communications.” The term “full take” is surveillance-agency jargon that refers to the bulk collection of both content and metadata from Internet traffic. Another top-secret document on the surveillance dated from 2010 suggests the agency may be obtaining at least some of the data by covertly mining it directly from Canadian Internet cables. CSE notes in the document that it is “processing emails off the wire.”
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    " CANADIAN SPIES COLLECT DOMESTIC EMAILS IN SECRET SECURITY SWEEP BY RYAN GALLAGHER AND GLENN GREENWALD @rj_gallagher@ggreenwald YESTERDAY AT 2:02 AM SHARE TWITTER FACEBOOK GOOGLE EMAIL PRINT POPULAR EXCLUSIVE: TSA ISSUES SECRET WARNING ON 'CATASTROPHIC' THREAT TO AVIATION CHICAGO'S "BLACK SITE" DETAINEES SPEAK OUT WHY DOES THE FBI HAVE TO MANUFACTURE ITS OWN PLOTS IF TERRORISM AND ISIS ARE SUCH GRAVE THREATS? NET NEUTRALITY IS HERE - THANKS TO AN UNPRECEDENTED GUERRILLA ACTIVISM CAMPAIGN HOW SPIES STOLE THE KEYS TO THE ENCRYPTION CASTLE Canada's electronic surveillance agency is covertly monitoring vast amounts of Canadians' emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada's equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats. Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation - exposing the controversial details the government withheld from the public. Under Canada's criminal code, CSE is no
Paul Merrell

FBI Abruptly Walks Out On Senate Briefing After Being Asked How 'Insider Threat' Progra... - 0 views

  • While we've been disappointed that Senator Chuck Grassley appears to have a bit of a double standard with his staunch support for whistleblowers when it comes to Ed Snowden, it is true that he has fought for real whistleblower protections for quite some time. Lately, he's been quite concerned that the White House's "Insider Threat Program" (ITP) is really just a cover to crack down on whistleblowers. As we've noted, despite early promises from the Obama administration to support and protect whistleblowers, the administration has led the largest crackdown against whistleblowers, and the ITP suggests that the attack on whistleblowers is a calculated response. The program documentation argues that any leak can be seen as "aiding the enemy" and encourages government employees to snitch on each other if they appear too concerned about government wrong-doing. Despite all his high minded talk of supporting whistleblowers, President Obama has used the Espionage Act against whistleblowers twice as many times as all other Presidents combined. Also, he has never -- not once -- praised someone for blowing the whistle in the federal government.
  • Given all of that, Senator Grassley expressed some concern about this Insider Threat Program and how it distinguished whistleblowers from actual threats. He asked the FBI for copies of its training manual on the program, which it refused to give him. Instead, it said it could better answer any questions at a hearing. However, as Grassley explains, when questioned about this just 10 minutes into the hearing, the FBI abruptly got up and left: Meanwhile, the FBI fiercely resists any efforts at Congressional oversight, especially on whistleblower matters. For example, four months ago I sent a letter to the FBI requesting its training materials on the Insider Threat Program. This program was announced by the Obama Administration in October 2011. It was intended to train federal employees to watch out for insider threats among their colleagues. Public news reports indicated that this program might not do enough to distinguish between true insider threats and legitimate whistleblowers. I relayed these concerns in my letter. I also asked for copies of the training materials. I said I wanted to examine whether they adequately distinguished between insider threats and whistleblowers.
  • In response, an FBI legislative affairs official told my staff that a briefing might be the best way to answer my questions. It was scheduled for last week. Staff for both Chairman Leahy and I attended, and the FBI brought the head of their Insider Threat Program. Yet the FBI didn’t bring the Insider Threat training materials as we had requested. However, the head of the Insider Threat Program told the staff that there was no need to worry about whistleblower communications. He said whistleblowers had to register in order to be protected, and the Insider Threat Program would know to just avoid those people. Now I have never heard of whistleblowers being required to “register” in order to be protected. The idea of such a requirement should be pretty alarming to all Americans. Sometimes confidentiality is the best protection a whistleblower has. Unfortunately, neither my staff nor Chairman Leahy’s staff was able to learn more, because only about ten minutes into the briefing, the FBI abruptly walked out. FBI officials simply refused to discuss any whistleblower implications in its Insider Threat Program and left the room. These are clearly not the actions of an agency that is genuinely open to whistleblowers or whistleblower protection.
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  • And yes, it's equally troubling that the FBI insists that as long as someone "registers" as a whistleblower, the FBI will suddenly, magically agree to stop investigating them as a "threat." We already know that's almost certainly bullshit. The stories of Thomas Drake and John Kiriakou are both clear examples of whistleblowers, who then had the DOJ search through basically everything they'd ever done to try to concoct some sort of Espionage Act case against them. In both cases, the eventual charges were totally ridiculous and unrelated to the whistleblowing they had done, but clearly the only reason they had been investigated was because of their status as whistleblowers. Drake was charged with having a classified document, which was just a meeting agenda and was both improperly classified and then declassified soon after. Kiriakou was charged with revealing the name of a CIA operative to a reporter, where the person in question was already widely known to journalists as working for the CIA. Meanwhile, while Grassley still hasn't come out in support of Snowden as a whistleblower, he does seem reasonably concerned that James Clapper's plans to stop the next Snowden will have severe consequences for whistleblowers:
  • Director of National Intelligence James Clapper seems to have talked about such procedures when he appeared before the Senate Armed Services Committee on February 11, 2014. In his testimony, he said: We are going to proliferate deployment of auditing and monitoring capabilities to enhance our insider threat detection. We’re going to need to change our security clearance process to a system of continuous evaluation. . . . What we need is . . . a system of continuous evaluation, where . . . we have a way of monitoring their behavior, both their electronic behavior on the job as well as off the job, to see if there is a potential clearance issue. . . . Director Clapper’s testimony gives me major pause. It sounds as though this type of monitoring would likely capture the activity of whistleblowers communicating with Congress. As Marcy Wheeler notes in her post (linked above, which called my attention to all this), by declaring war on whistleblowers, the administration is almost guaranteeing that many fewer will use "official channels" to blow the whistle. That just makes them targets with the likelihood of getting no results. Instead, all this does is incentivize people to go the Chelsea Manning/Ed Snowden route of going directly to journalists to make sure the stories get out.
Paul Merrell

Israel Flagged as Top Spy Threat to U.S. in New Snowden/NSA Document - 0 views

  • Israel was singled out in 2007 as a top espionage threat against the U.S. government, including its intelligence services, in a newly published National Security Agency (NSA) document obtained by fugitive leaker Edward Snowden, according to a news report Monday. The document also identified Israel, along with North Korea, Cuba and India, as a “leading threat” to the infrastructure of U.S. financial and banking institutions. The threats were listed in the NSA’s 2007 Strategic Mission List, according to the document obtained by journalist/activist Glenn Greenwald, a founding editor of The Intercept, an online magazine that has a close relationship with Snowden, a former NSA and CIA contractor who fled the U.S. with thousands of top-secret documents last year.
  • In this new document, Israel was identified by the NSA as a security threat in several areas, including “the threat of development of weapons of mass destruction” and “delivery methods (particularly ballistic and nuclear-capable cruise missiles).” The NSA also flagged Israel’s “WMD and missile proliferation activities” and “cruise missiles” as threats. In a section of the document headed “Foreign Intelligence, Counterintelligence; Denial & Deception Activities: Countering Foreign Intelligence Threats,” Israel was listed as a leading perpetrator of “espionage/intelligence collection operations and manipulation/influence operations…against U.S. government, military, science & technology and Intelligence Community” organs. The term “manipulation/influence operations” refers to covert attempts by Israel to sway U.S. public opinion in its favor. In this, Israel has dubious company, according to the NSA: Other leading threats were listed as China, Russia, Cuba, Iran, Pakistan, North Korea, France, Venezuela and South Korea.
  • Israel has similar company in threats against U.S. infrastructure, according to the NSA document. Under a section headed “Mastering Cyberspace and Preventing an Attack on U.S. Critical Information Systems,” Israel, India, North Korea and Cuba are identified as “FIS [financial/banking system] threats.” Israel also appears on the list of countries believed by the NSA to be “enabling” electronic warfare “producers/proliferators.” The new document again underscores the schizoid relationship between the U.S. and Israel, which cooperate closely in military and intelligence operations but also aggressively spy on each other. A previously released Snowden document said that “one of NSA’s biggest threats is actually from friendly intelligence services, like Israel.” Another revealed that a U.S. National Intelligence Estimate ranked Israel as “the third most aggressive intelligence service against the U.S.,” behind only China and Russia.
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  • Related Articles Israel Eavesdropped on President Clinton’s Diplomatic Phone Calls
Gary Edwards

Harry Binswanger - Market Justice & The Second Amendment - Forbes - 0 views

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    One of the best arguments for protecting individual liberty through the Constitution and Bill of Rights; including the 2nd Amendment. excerpt: Junking the collectivist approach, ridding myself of the idea that the lives of the few can be sacrificed to the lives of the many, I found the issue almost settled itself. Taking the individualist approach, I asked myself: what laws should the individual be subject to? What is the principle governing the individual's relation to the state? The principle is "individual rights"-your rights and mine. Rights define the proper limits of state action. They recognize the areas within which the individual is sovereign, entitled to act on his own judgment, free from interference by his fellow man and by the state. The fundamental right is the right to life. Its expressions are the right to liberty, property, and the pursuit of happiness. As the Declaration states, government is established "to secure these rights." To secure them against what? There is only one thing that can deprive a man of his life, liberty, or property: physical force. Only guns, clubs, chains, jails, or some form of nonconsensual physical contact can kill you, injure you, or negate your ability to act on your own judgment. The proper job of government is to protect the individual's rights by wielding retaliatory force against the force initiated by criminals or foreign aggressors. The issue with guns is the threat of force. But the threat of force is force. Orders issued at gunpoint are as coercive-as rights-violating-as laying on hands and overpowering you. (All this is explained in more detail in Ayn Rand's articles "Man's Rights" and "The Nature of Government.") The government may use force only against an objective threat of force. Only that constitutes retaliation. In particular, the government may not descend to the evil of preventive law. The government cannot treat men as guilty until they have proven th
Paul Merrell

If GCHQ wants to improve national security it must fix our technology | Technology | th... - 0 views

  • In a recent column, security expert Bruce Schneier proposed breaking up the NSA – handing its offensive capabilities work to US Cyber Command and its law enforcement work to the FBI, and terminating its programme of attacking internet security. In place of this, Schneier proposed that “instead of working to deliberately weaken security for everyone, the NSA should work to improve security for everyone.” This is a profoundly good idea for reasons that may not be obvious at first blush.People who worry about security and freedom on the internet have long struggled with the problem of communicating the urgent stakes to the wider public. We speak in jargon that’s a jumble of mixed metaphors – viruses, malware, trojans, zero days, exploits, vulnerabilities, RATs – that are the striated fossil remains of successive efforts to come to grips with the issue. When we do manage to make people alarmed about the stakes, we have very little comfort to offer them, because Internet security isn’t something individuals can solve.
  • I remember well the day this all hit home for me. It was nearly exactly a year ago, and I was out on tour with my novel Homeland, which tells the story of a group of young people who come into possession of a large trove of government leaks that detail a series of illegal programmes through which supposedly democratic governments spy on people by compromising their computers.
  • I explained the book’s premise, and then talked about how this stuff works in the real world. I laid out a parade of awfuls, including a demonstrated attack that hijacked implanted defibrillators from 10 metres’ distance and caused them to compromise other defibrillators that came into range, implanting an instruction to deliver lethal shocks at a certain time in the future. I talked about Cassidy Wolf, the reigning Miss Teen USA, whose computer had been taken over by a “sextortionist” who captured nude photos of her and then threatened to release them if she didn’t perform live sex shows for him. I talked about the future of self-driving cars, smart buildings, implanted hearing aids and robotic limbs, and explained that the world is made out of computers that we put our bodies into, and that we put inside our bodies.These computers are badly secured. What’s more, governments and their intelligence agencies are actively working to undermine the security of our computers and networks. This was before the Snowden revelations, but we already knew that governments were buying “zero-day vulnerabilities” from security researchers. These are critical bugs that can be leveraged to compromise entire systems. Until recently, the normal response to the discovery of one of these “vulns” was to report them to the vendor so they could be repaired.
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  • But spy-agencies and law-enforcement have created a bustling marketplace for “zero-days,” which are weaponised for the purpose of attacking the computers and networks of “bad guys”. The incentives have shifted, and now a newly discovered bug had a good chance of remaining unpatched and live in the field because governments wanted to be able to use it to hack their enemies.
  • Last year, when I finished that talk in Seattle, a talk about all the ways that insecure computers put us all at risk, a woman in the audience put up her hand and said, “Well, you’ve scared the hell out of me. Now what do I do? How do I make my computers secure?”And I had to answer: “You can’t. No one of us can. I was a systems administrator 15 years ago. That means that I’m barely qualified to plug in a WiFi router today. I can’t make my devices secure and neither can you. Not when our governments are buying up information about flaws in our computers and weaponising them as part of their crime-fighting and anti-terrorism strategies. Not when it is illegal to tell people if there are flaws in their computers, where such a disclosure might compromise someone’s anti-copying strategy.But: If I had just stood here and spent an hour telling you about water-borne parasites; if I had told you about how inadequate water-treatment would put you and everyone you love at risk of horrifying illness and terrible, painful death; if I had explained that our very civilisation was at risk because the intelligence services were pursuing a strategy of keeping information about pathogens secret so they can weaponise them, knowing that no one is working on a cure; you would not ask me ‘How can I purify the water coming out of my tap?’”
  • Because when it comes to public health, individual action only gets you so far. It doesn’t matter how good your water is, if your neighbour’s water gives him cholera, there’s a good chance you’ll get cholera, too. And even if you stay healthy, you’re not going to have a very good time of it when everyone else in your country is striken and has taken to their beds.If you discovered that your government was hoarding information about water-borne parasites instead of trying to eradicate them; if you discovered that they were more interested in weaponising typhus than they were in curing it, you would demand that your government treat your water-supply with the gravitas and seriousness that it is due.The public health analogy is suprisingly apt here. The public health threat-model is in a state of continuous flux, because our well-being is under continuous, deliberate attack from pathogens for whom we are, at best, host organisms, and at worst, dinner. Evolution drives these organisms to a continuously shifting array of tactics to slide past our defenses.Public health isn’t just about pathogens, either – its thorniest problems are about human behaviour and social policy. HIV is a blood-borne disease, but disrupting its spread requires changes to our attitudes about sex, pharmaceutical patents, drugs policy and harm minimisation. Almost everything interesting about HIV is too big to fit on a microscope slide.
  • And so it is for security: crypto is awesome maths, but it’s just maths. Security requires good password choice, good password management, good laws about compelled crypto disclosure, transparency into corporate security practices, and, of course, an end to the governmental practice of spending $250M/year on anti-security sabotage through the NSA/GCHQ programmes Bullrun and Edgehill.
  • But for me, the most important parallel between public health and internet security is their significance to our societal wellbeing. Everything we do today involves the internet. Everything we do tomorrow will require the internet. If you live near a nuclear power plant, fly in airplanes, ride in cars or trains, have an implanted pacemaker, keep money in the bank, or carry a phone, your safety and well-being depend on a robust, evolving, practice of network security.This is the most alarming part of the Snowden revelations: not just that spies are spying on all of us – that they are actively sabotaging all of our technical infrastructure to ensure that they can continue to spy on us.There is no way to weaken security in a way that makes it possible to spy on “bad guys” without making all of us vulnerable to bad guys, too. The goal of national security is totally incompatible with the tactic of weakening the nation’s information security.
  • “Virus” has been a term of art in the security world for decades, and with good reason. It’s a term that resonates with people, even people with only a cursory grasp of technology. As we strive to make the public and our elected representatives understand what’s at stake, let’s expand that pathogen/epidemiology metaphor. We’d never allow MI5 to suppress information on curing typhus so they could attack terrorists by infecting them with it. We need to stop allowing the NSA and GCHQ to suppress information on fixing bugs in our computers, phones, cars, houses, planes, and bodies.If GCHQ wants to improve the national security of the United Kingdom – if the NSA want to impove the American national security – they should be fixing our technology, not breaking it. The technology of Britons and Americans is under continuous, deadly attack from criminals, from foreign spies, and from creeps. Our security is better served by armouring us against these threats than it is by undermining security so that cops and spies have an easier time attacking “bad guys.”
Paul Merrell

Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
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  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
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    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
Paul Merrell

White House Seeks to Soothe Relations With Venezuela - NYTimes.com - 0 views

  • A White House official said Tuesday that Venezuela was not a threat to the national security of the United States, backing off language in an executive order that had inflamed relations with the South American nation and drawn criticism from other countries in the region.The comments came as President Obama prepared to leave for a trip to the Caribbean and Latin America that will include a meeting of heads of state from the hemisphere.“The United States does not believe that Venezuela poses some threat to our national security,” said Benjamin J. Rhodes, deputy national security adviser for strategic communications, during a telephone call with reporters to discuss the president’s trip.
  • He was referring to an executive order signed by Mr. Obama last month that called for economic sanctions against seven Venezuelan officials who the United States said were involved in human rights abuses or violations of due process. Continue reading the main story Related in Opinion Editorial: A Failing Relationship With Venezuela MARCH 12, 2015 The executive order said that Venezuela was a threat to national security and that it constituted a national emergency for the United States.
  • The language escalated tensions between the two countries and provoked an angry response from President Nicolás Maduro of Venezuela. Even Venezuelan opposition leaders said it was excessive and had inadvertently played to Mr. Maduro’s political benefit.American officials had previously sought to play down the language in the order, saying that the administration was required by law to make the security threat designation to carry out the sanctions.But Mr. Rhodes went further on Tuesday, explicitly stating that Venezuela did not pose a threat, adding that the language was “completely pro forma.”“We, frankly, just have a framework for how we formalize these executive orders,” he said.
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    "completely pro forma".  "When I use a word,' Humpty Dumpty said in rather a scornful tone, 'it means just what I choose it to mean - neither more nor less.' 'The question is,' said Alice, 'whether you can make words mean so many different things.' 'The question is,' said Humpty Dumpty, 'which is to be master - that's all." So because Congress said Obama has to make a written finding of a threat to national security in order to issue sanctions, Obama can make such a finding whether or not there is such a threat? Outrageous. Any judge who ruled that it is a winning argument would be laughed off the bench. Mr. Rhodes insults the public's intelligence. 
Paul Merrell

Americans Fear "Phantom Terrorist Threat". 70% Consider "ISIS A Major Threat" | Global ... - 0 views

  • Fear-mongering gets most people to believe a phantom terrorist threat exists. State-sponsored false flags like 9/11 (the mother of them all), Paris in mid-November and most recently San Bernardino, make it easy to manipulate an uninformed public to support policies demanding condemnation. As long as most people rely on television for so-called news and information, they’ll remain mindless that terrorists “R” us. US intelligence covertly supports Al Qaeda and its affiliated entities. New York Times/CBS polling data show pre-Paris and San Bernardino, only 4% of Americans called terrorism the nation’s top problem. Now it’s 19%. Chances of a significant terrorist attack on US soil (a real one, not a false flag) is near zero. Public opinion believes otherwise. Asked in The Times/CBS poll “how likely is a terror attack in the US,” 44% said very, 35% somewhat, and only 17% not too likely or not at all.
  • These numbers are the highest registered since since the post-9/11 October 1, 2001 Times/CBS poll. Asked the same question about the likelihood of a terrorist attack in America, 53% of respondents said very, 35% somewhat, and only 10% not too likely or not at all. Fear-mongering aided by false flags works. Instead of focusing on real issues like protracted Main Street Depression conditions, poverty and the threat of possible nuclear war, most people  nonsensically believe a phantom terrorist threat is likely or somewhat likely – not realizing they’ve been duped to support an agenda harming their welfare and security. For the first time since 2006 (before the 2008 financial crisis, creating protracted Main Street Depression conditions), most Americans fear a terrorist attack on US soil – either homegrown (63%) or originating from abroad (59%), clear evidence of public ignorance and the power of propaganda to manipulate people effectively. Nearly 70% of Americans consider ISIS a major threat. Only 11% say not at all – the public mindless about US responsibility for creating the terror group and others like it, used as imperial foot soldiers. Only one-fourth of Americans think the fight against ISIS is going well or somewhat well – not realizing Washington supports what it claims to oppose, or understanding US imperial wars caused the greatest refugee crisis since WW II.
  • The public is evenly divided on whether to let displaced Syrians enter America – even after a careful vetting process to screen out threats. Post-San Bernardino, Obama’s approval rating on combating terrorism sunk to 34%, a record low. 57% of Americans disapprove of how he’s handling the issue, a record high. Two-thirds of Democrats support him, compared to 90% of Republicans and 60% of independents against. His overall approval rating is 44% – astonishing it’s not much lower given how gravely he’s affected the welfare of the vast majority of Americans. Only 24% believe the country is headed in the right direction. The Times/CBS poll was conducted from December 4 – 8 among a random sample of 1,275 adults nationwide.
Paul Merrell

WASHINGTON: Seeing threats, feds target instructors of polygraph-beating methods | Insi... - 0 views

  • Federal agents have launched a criminal investigation of instructors who claim they can teach job applicants how to pass lie detector tests as part of the Obama administration’s unprecedented crackdown on security violators and leakers. The criminal inquiry, which hasn’t been acknowledged publicly, is aimed at discouraging criminals and spies from infiltrating the U.S. government by using the polygraph-beating techniques, which are said to include controlled breathing, muscle tensing, tongue biting and mental arithmetic. So far, authorities have targeted at least two instructors, one of whom has pleaded guilty to federal charges, several people familiar with the investigation told McClatchy. Investigators confiscated business records from the two men, which included the names of as many as 5,000 people who’d sought polygraph-beating advice. U.S. agencies have determined that at least 20 of them applied for government and federal contracting jobs, and at least half of that group was hired, including by the National Security Agency.
  • By attempting to prosecute the instructors, federal officials are adopting a controversial legal stance that sharing such information should be treated as a crime and isn’t protected under the First Amendment in some circumstances.
  • “Nothing like this has been done before,” John Schwartz, a U.S. Customs and Border Protection official, said of the legal approach in a June speech to a professional polygraphers’ conference in Charlotte, N.C., that a McClatchy reporter attended. “Most certainly our nation’s security will be enhanced.”“There are a lot of bad people out there. . . . This will help us remove some of those pests from society,” he added.
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  • The federal government polygraphs about 70,000 people a year for security clearances and jobs, but most courts won’t allow polygraph results to be submitted as evidence, citing the machines’ unreliability. Scientists question whether polygraphers can identify liars by interpreting measurements of blood pressure, sweat activity and respiration. Researchers say the polygraph-beating techniques can’t be detected with certainty, either. Citing the scientific skepticism, one attorney compared the prosecution of polygraph instructors to indicting someone for practicing voodoo.
  • But instructors may be prosecuted if they know that the people they’re teaching plan to lie about crimes during federal polygraphs, he said. In that scenario, prosecutors may pursue charges of false statements, wire fraud, obstructing an agency proceeding and “misprision of felony,” which is defined as having knowledge of serious criminal conduct and attempting to conceal it.
  • Schwartz, who was involved in the federal investigation, cited the risk of drug traffickers infiltrating his agency as justification for prosecutors going after instructors. However, he told the crowd of law enforcement officials from across the country that he wasn’t discussing a specific case but a “blueprint” of how state and local officials might pursue a prosecution. Urging them to join forces with his agency, he declared in a more than two-hour speech that “evil will always seek ways to hide the truth.” “When you identify insider threats and you eliminate insider threats, then that agency is more efficient and more effective,” Schwartz said. The Obama administration’s Insider Threat Program is intended to deter what the government condemns as betrayals by “trusted insiders” such as Edward Snowden, the former National Security Agency contractor who revealed the agency’s secret communications data-collection programs. The administration launched the Insider Threat Program in 2011 after Army Pfc. Bradley Manning downloaded hundreds of thousands of documents from a classified computer network and sent them to WikiLeaks, the anti-government secrecy group.As part of the program, employees are being urged to report their co-workers for a wide range of “risky” behaviors, personality traits and attitudes, McClatchy reported in June. Broad definitions of insider threats also give agencies latitude to pursue and penalize a range of conduct other than leaking classified information, McClatchy found.
  • Several people familiar with the investigation said Dixon and Williams had agreed to meet with undercover agents and teach them how to pass polygraph tests for a fee. The agents then posed as people connected to a drug trafficker and as a correctional officer who’d smuggled drugs into a jail and had received a sexual favor from an underage girl. Dixon wouldn’t say how much he was paid, but people familiar with countermeasures training said others generally charged $1,000 for a one-on-one session.
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    There is no scientific proof that lies can be detected using a polygraph, which is why polygraph evidence is inadmissible in court, but law enforcement and national security types fervently believe otherwise. Prosecuting someone for teaching how to circumvent polygraph testing stacks one absurdity atop another.
Paul Merrell

Islamic bogeyman in Syria strikes fear in Washington - RT USA - 0 views

  • High-ranking US officials, while offering little in way of evidence to support their claims, are sounding the alarm on the possibility of foreigners in Syria initiating an attack on the US, sparking fears over airport security. The message out of Washington at the weekend was at best incoherent, at worst downright dangerous. In the same week that US President Barack Obama asked Congress to fork over $500 million to support the Syrian opposition in its three-year battle to oust Syrian President Bashar Assad, the American leader also warned on the possibility of European passport holders in Syria slipping into America to wreak unholy havoc.
  • “We have seen Europeans who are sympathetic to their cause traveling into Syria and now may travel into Iraq, getting battle-hardened,” Obama told ABC’s George Stephanopoulos on Sunday. “Then they come back. They've got European passports. They don't need a visa to get into the United States.” “Now, we are spending a lot of time, and we have been for years, making sure we are improving intelligence to respond to that,” he added. Obama said the US must enhance reconnaissance and intelligence gathering, and US Special Forces will likely play a role, as well as beefing up security clearance at airports, already the source of agitation with many American travelers.
  • Why Syrian rebels would attempt an attack on US interests at the same time Washington is supporting their anti-government efforts was not touched upon in the interview. In fact, much of Obama’s anxiety over some imminent attack on the US homeland appears to stem less from solid evidence out of Syria and more from Republican doom-mongering.
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  • The warnings were nothing short of hysterical, going so far as to suggest the Republicans were fishing for supporters in a sea of gloom and doom of their own creation. “Right now, sources tell us, at this moment in Syria, Al-Qaeda bomb makers are trying to design a new generation of explosives, including nonmetallic bombs. And the US government is wrestling with how to respond,” Pierre Thomas, ABC senior justice correspondent, warned out of the gates. What followed was a chorus of right-wing handwringing, led by the Republican Peter King, the former Chairman of Homeland Security, who pointed to ‘Americans in Syria’ as the nation’s gravest threat. “Syria is our biggest threat right now because not only are there thousands of Europeans who have visas sent to the United States going to Syria, there’s also at least 100 or so – 100-plus Americans who are over there in Syria right now,” King told ABC. “I can’t go into all the details, but that is very important…because a number of [overseas] airports don’t have the type of security they should have.”
  • Republican Mike Rogers from Michigan chimed in that “this is exactly the kind of threat that keeps me up at night.” “I've been on the Intelligence Committee for 10 years, chairman for the last four years. I have never seen a threat matrix so serious, so varied, and so many different streams of threat,” Rogers added. Meanwhile, amid the sudden wave of angst now gripping Washington, the Obama administration is attempting to grapple with the sudden rise of a militant group that fashions itself as the Islamic State in Iraq and Levant (ISIS), a Sunni-led movement with the stated goal of creating a caliphate, or Islamic state, throughout Iraq, Syria and the Levant.
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    It ain't just Republicans. Note the central role played by Democrat Barack Obama. It's the War Party, which crosses visible party boundaries in the U.S. And of course Obama wants to beef up intelligence-gathering, And tighter security at airports, of course, so that the American public realizes that the threat of  terrorists™ trumps rights secured by the Constitution. 
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

  •  
    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

Obama's crackdown views leaks as aiding enemies of U.S. | McClatchy - 0 views

  • Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions. President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.
  • Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.
  • The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.
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  • Employees must turn themselves and others in for failing to report breaches. “Penalize clearly identifiable failures to report security infractions and violations, including any lack of self-reporting,” the strategic plan says.The Obama administration already was pursuing an unprecedented number of leak prosecutions, and some in Congress – long one of the most prolific spillers of secrets – favor tightening restrictions on reporters’ access to federal agencies, making many U.S. officials reluctant to even disclose unclassified matters to the public. The policy, which partly relies on behavior profiles, also could discourage creative thinking and fuel conformist “group think” of the kind that was blamed for the CIA’s erroneous assessment that Iraq was hiding weapons of mass destruction, a judgment that underpinned the 2003 U.S. invasion. “The real danger is that you get a bland common denominator working in the government,” warned Ilana Greenstein, a former CIA case officer who says she quit the agency after being falsely accused of being a security risk. “You don’t get people speaking up when there’s wrongdoing. You don’t get people who look at things in a different way and who are willing to stand up for things. What you get are people who toe the party line, and that’s really dangerous for national security.”
  • The program, however, gives agencies such wide latitude in crafting their responses to insider threats that someone deemed a risk in one agency could be characterized as harmless in another. Even inside an agency, one manager’s disgruntled employee might become another’s threat to national security. Obama in November approved “minimum standards” giving departments and agencies considerable leeway in developing their insider threat programs, leading to a potential hodgepodge of interpretations. He instructed them to not only root out leakers but people who might be prone to “violent acts against the government or the nation” and “potential espionage.”
  • The Department of Education, meanwhile, informs employees that co-workers going through “certain life experiences . . . might turn a trusted user into an insider threat.” Those experiences, the department says in a computer training manual, include “stress, divorce, financial problems” or “frustrations with co-workers or the organization.”An online tutorial titled “Treason 101” teaches Department of Agriculture and National Oceanic and Atmospheric Administration employees to recognize the psychological profile of spies.
Paul Merrell

United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views

  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Paul Merrell

Russia's new military doctrine lists NATO, US as major foreign threats - RT News - 0 views

  • Russia has adopted an updated version of its military doctrine, which reflects the emergence of new threats against its national security. NATO military buildup and American Prompt Global Strike concept are listed among them. The new doctrine was approved on Friday by President Vladimir Putin. Its core remains unchanged from the previous version. The Russian military remains a defensive tool which the country pledges to use only as a last resort. Also unchanged are the principles of the use of nuclear weapons which Russia adheres to. Their primary goal is to deter potential enemies from attacking Russia, but it would use them to protect itself from a military attack – either nuclear or conventional – threatening its existence.
  • The new sections of the doctrine outline the threat Russia sees in NATO’s expansion and military buildup and the fact that the alliance is taking upon itself “global functions realized with violation of international law.” The doctrine lists among major foreign military threats “the creation and deployment of global strategic antiballistic missile systems that undermines the established global stability and balance of power in nuclear missile capabilities, the implementation of the ‘prompt strike’ concept, intent to deploy weapons in space and deployment of strategic conventional precision weapons.”
  • The document also points to the threat of destabilization countries bordering Russia or its allies and deployment of foreign troops such nations as a threat to national security.
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  • Moscow sees international cooperation with countries sharing its effort to increase security, particularly members of BRICS, the OSCE, the Shanghai Cooperation Organization and others as the key to preventing military conflicts, the doctrine states. Traditional threats that Russia must deal with mentioned in the doctrine include extremism and terrorism, proliferation of weapons of mass destruction and rocket technology and actions of foreign intelligence services. The document notes that modern threats are increasingly drifting from a military nature to informational, and states that the likelihood of anyone launching a fully-fledged war against Russia is decreasing.
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Jus... - 0 views

  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Gary Edwards

NY Times Admits: Al-Qaeda Terror Threat Used to "Divert Attention" from NSA Uproar | A ... - 1 views

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    Wag the Dog? Obama using terror threats to divert public attention from NSA illegal spying? No surprise here except for the admission to the NYT. excerpt: "Some analysts and Congressional officials suggested Friday that emphasizing a terrorist threat now was a good way to divert attention from the uproar over the N.S.A.'s data-collection programs, and that if it showed the intercepts had uncovered a possible plot, even better. - NY Times article from August 2, 2013: Qaeda Messages Prompt U.S. Terror Warning Nothing about the above quote should surprise any of my readers, we all know the sick, twisted mindset of those involved in the Military-Industrial-Wall Street complex. What's more shocking is the fact that these folks so openly admit it to the New York Times, albeit in a typical anonymous and cowardly fashion. Let's not forget what Robert Shapiro, former Clinton official and Obama supporter told the FT in July 2010: The bottom line here is that Americans don't believe in President Obama's leadership. He has to find some way between now and November of demonstrating that he is a leader who can command confidence and, short of a 9/11 event or an Oklahoma City bombing, I can't think of how he could do that. I discussed the above quote and related topics in my 2010 piece: The Dangers of a Failed Presidency. Well, if Mr. Shapiro thinks President Obama didn't have credibility in 2010, one can only imagine what he thinks today. That is precisely what makes the current moment so extraordinarily dangerous. From the New York Times: WASHINGTON - The United States intercepted electronic communications this week among senior operatives of Al Qaeda, in which the terrorists discussed attacks against American interests in the Middle East and North Africa, American officials said Friday. It is unusual for the United States to come across discussions among senior Qaeda operatives about operational planning - through informants, intercepted e-mails o
Paul Merrell

Facebook and Corporate "Friends" Threat Exchange? | nsnbc international - 0 views

  • Facebook teamed up with several corporate “friends” to adapt Facebook’s in-house software to identify cyber threats and their source with other corporations. Countering cyber threats sounds positive while there are serious questions about transparency when smaller, independent media fall victim to major corporation’s unwillingness to reveal the source of attacks resulted in websites being closed for hours or days. Transparency, yes, but for whom? Among the companies Facebook is teaming up with are Printerest, Tumblr, Twitter, Yahoo, Drpbox and Bit.ly, reports Susanne Posel at Occupy Corporatism. The stated goal of “Threat Exchange” is to locate malware, the source domains, the IP addresses which are involved as well as the nature of the malware itself.
  • While the platform may be useful for major corporations, who can afford buying the privilege to join the club, the initiative does little to nothing to protect smaller, independent media from being targeted with impunity. The development prompts the question “Cyber security for whom?” The question is especially pertinent because identifying a site as containing malware, whether it is correct or not, will result in the site being added to Google’s so-called “Safe Browsing List”.
  • An article written by nsnbc editor-in-chief Christof Lehmann entitled “Censorship Alert: The Alternative Media are getting harassed by the NSA” provides several examples which raise serious questions about the lack of transparency when independent media demand information about either real or alleged malware content on their media’s websites. An alleged malware content in a java script that had been inserted via the third-party advertising company MadAdsMedia resulted in the nsnbc website being closed down and added to Google’s Safe Browsing list. The response to nsnbc’s request to send detailed information about the alleged malware and most importantly, about the source, was rejected. MadAdsMedia’s response to a renewed request was to stop serving advertisements to nsnbc from one day to the other, stating that nsnbc could contact another company, YieldSelect, which is run by the same company. Shell Games? SiteLock, who partners with most western-based web hosting providers, including BlueHost, Hostgator and many others contacted nsnbc warning about an alleged malware threat. SiteLock refused to provide detailed information.
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  • BlueHost refused to help the International Middle East Media Center (IMEMC)  during a Denial of Service DoS attack. Asked for help, BlueHost reportedly said that they should deal with the issue themselves, which was impossible without BlueHost’s cooperation. The news agency’s website was down for days because BlueHost reportedly just shut down IMEMC’s server and told the editor-in-chief, Saed Bannoura to “go somewhere else”. The question is whether “transparency” can be the privilege of major corporations or whether there is need for legislation that forces all corporations to provide detailed information that enables media and other internet users to pursue real or alleged malware threats, cyber attacks and so forth, criminally and legally. That is, also when the alleged or real threat involves major corporations.
Paul Merrell

Does Our Military Know Something We Don't About Global Warming? - Forbes - 0 views

  • Every branch of the United States Military is worried about climate change. They have been since well before it became controversial. In the wake of an historic climate change agreement between President Obama and President Xi Jinping in China this week (Brookings), the military’s perspective is significant in how it views climate effects on emerging military conflicts.
  • At a time when Presidents Ronald Reagan and Bush 41, and even British Prime Minister Margaret Thatcher, called for binding international protocols to control greenhouse gas emissions, the U.S. Military was seriously studying global warming in order to determine what actions they could take to prepare for the change in threats that our military will face in the future. The Center for Naval Analysis has had its Military Advisory Board examining the national security implications of climate change for many years. Lead by Army General Paul Kern, the Military Advisory Board is a group of 16 retired flag-level officers from all branches of the Service. This is not a group normally considered to be liberal activists and fear-mongers.
  • This year, the Military Advisory Board came out with a new report, called National Security and the Accelerating Risks of Climate Change, that is a serious discussion about what the military sees as the threats and the actions to be taken to mitigate them. “The potential security ramifications of global climate change should be serving as catalysts for cooperation and change. Instead, climate change impacts are already accelerating instability in vulnerable areas of the world and are serving as catalysts for conflict.”
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  • Bill Pennell, former Director of the Atmospheric Sciences and Global Change Division at Pacific Northwest National Laboratory, summed up the threat in recent discussions about climate and national security: “The environmental consequences of climate change are a significant threat multiplier, which by itself, can be a cause for future conflicts. Global warming will affect military operations as well as its theaters of operations. And it poses significant risks and costs to military and civilian infrastructure, especially those facilities located on the coastline.” “The countries and regions posing the greatest security threats to the United States are among those most susceptible to the adverse and destabilizing effects of climate change. Many of these countries are already unstable and have little economic or social capital for coping with additional disruptions.” “Whether in Africa, the Middle East, South Asia, or North Korea, we are already seeing how extreme weather events – such as droughts and flooding and the food shortages and population dislocations that accompany them – can destabilize governments and lead to conflict. For example, one trigger of the chaos in Syria has been the multi-year drought the country has experienced since 2006 and the Assad Regime’s ineptitude in dealing with it.”
  • So why is the country as a whole, and those who normally support our military, so loathe to prepare for possible threats from this direction? In 1990, Eugene Skolnikoff summarized the national policy issues surrounding global warming and why it has been so difficult to rationally develop policy to address it. “The central problem is that outside the security sector, policy processes confronting issues with substantial uncertainty do not normally yield policy that has high economic or political costs. This is especially true when the uncertainty extends not only to the issues themselves, but also to the measures to avert them or deal with their consequences.” “The climate change issue illustrates – in fact exaggerates – all the elements of this central problem. Indeed, no major action is likely to be taken until those uncertainties are substantially reduced, and probably not before evidence of warming and its effects are actually visible. Unfortunately, any increase in temperature will be irreversible by the time the danger becomes obvious enough to permit political action.” And this was in 1990!
  • As Arctic ice diminishes, the region will see new shipping routes, new energy zones, new fisheries, new tourism and new sources of conflict not covered by existing maritime treaties. Since the United States is not party to the United Nations Convention on the Law of the Sea (UNCLOS) treaty, we will not have maximum operating flexibility in the Arctic. Even seemingly small administrative issues may become important in the new era, e.g., the Unified Command Plan presently splits Arctic responsibility between two Combatant Commands: U.S. Northern Command (NORTHCOM) and U.S. European Command (EUCOM). This type of things needs to be resolved with the coming global changes in mind. Source: Center for Naval Analysis
Paul Merrell

As U.S. Weighs Spying Changes, Officials Say Data Sweeps Must Continue - NYTimes.com - 0 views

  • WASHINGTON — The Obama administration has told allies and lawmakers it is considering reining in a variety of National Security Agency practices overseas, including holding White House reviews of the world leaders the agency is monitoring, forging a new accord with Germany for a closer intelligence relationship and minimizing collection on some foreigners.
  • But for now, President Obama and his top advisers have concluded that there is no workable alternative to the bulk collection of huge quantities of “metadata,” including records of all telephone calls made inside the United States. Instead, the administration has hinted it may hold that information for only three years instead of five while it seeks new technologies that would permit it to search the records of telephone and Internet companies, rather than collect the data in bulk in government computers. Gen. Keith B. Alexander, the director of the N.S.A., has told industry officials that developing the new technology would take at least three years.
  • A spokeswoman for the National Security Council, Caitlin M. Hayden, said Monday that the reviews now underway are intended to assure “that we are more effectively weighing the risks and rewards of our activities.” That includes, she said, “ensuring that we are focused above all on threats to the American people.”
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    "ensuring that we are focused above all on threats to the American people."" Err ... Shouldn't that be "ensuring that we are focused above all on threats to the American people's liberties"? No recognition there that the biggest relevant threat to the American people is our own federal government. 
Paul Merrell

White House: Al Qaeda in Iraq now 'transnational threat' | TheHill - 0 views

  • Al Qaeda's violent resurgence in Iraq and expansion into Syria now represents a "transnational threat network" that could possibly reach from the Mideast to the United States, according to the White House. The teaming of al Qaeda's Iraqi cell and affiliated Islamic militant groups in Syria into the new Islamic State of Iraq and al-Sham (ISIS) has developed into "a major emerging threat to Iraqi stability . . . and to us," a senior administration official told reporters on Wednesday. "It is a fact now that al Qaeda has a presence in Western Iraq" extending into Syria, "that Iraqi forces are unable to target," the official said. That growing presence "that has accelerated in the past six to eight months" has been accompanied by waves of bombings and attacks that threaten to throw Iraq into a full-blown civil war. 
  • Keeping ISIS from destabilizing the Iraqi government and expanding into other areas in the region is a "major focus" of this week's visit by Iraqi Prime Minister Nouri al Maliki to Washington. The Iraqi delegation met with Vice President Joe Biden Wednesday morning, and will meet with congressional leaders later in the day. Top defense lawmakers are already sounding the alarm on ISIS growth in the region and the threat posed by the al Qaeda faction to Iraq, Syria and ultimately the United States. "As the situation in both countries grows worse . . . we are deeply concerned that Al-Qaeda could use its new safe haven in Iraq and Syria to launch attacks against U.S. interests and those of our friends and allies," Sen. John McCain (R-Ariz.) along with Senate Armed Services Committee chief Carl Levin (D-Mich.), ranking member Jim Inhofe (R-Okla.) wrote in a letter to President Obama. Senate Foreign Relations heads Sens. Robert Menendez (D-NJ) and Bob Corker (R-Tenn.) also co-signed the letter, sent to the White House on Tuesday. 
  • "We urge you to press [al-Maliki] to formulate a comprehensive political and security strategy that can stabilize the country, enable Iraq to realize its vast potential, and help to safeguard our nation’s enduring national security interests in Iraq," they wrote. One area lawmakers are pressing the White House and Iraqi government on is increased U.S. assistance for counterterrorism operations in the country, backed by supplies of American military weapons and intelligence. 
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  • Iraqi officials reportedly reached out to U.S. intelligence officials to see if American drones could begin conducting airstrikes against ISIS targets in Western Iraq. When asked whether the White House was considering expediting those weapon sales to Iraq, the official replied: "I will leave it up to the Iraqis to make that case." That said, the administration "is working closely with Congress" to facilitate the kind of military and intelligence aid being sought by al-Maliki from the United States. Counterterrorism support is evaluated "country by country and in Iraq that is [especially] complicated," the official said, noting the long-standing tribal and sectarian ties woven into the country's makeup. 
  • That said, the White House official ruled out the possibility of putting U.S. boots back on the ground in Iraq, in the form of military trainers, as part of any counterterrorism strategy. The White House and Pentagon failed to reach a bilateral security deal with Baghdad that would allow a handful of American troops to remain in the country after the U.S. pullout in 2011. That lack of a deal prevented Washington from fielding a postwar force in Iraq after the final withdrawal in December of that year. White House critics claim Obama's inability to lock in a postwar deal with Iraq opened the door for al Qaeda's return to power in the country. 
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    Let's see if I've got this straight. Our previous wars in Iraq and Afghanistan resulted in massive recruitment by "terrorists" who now threat our shores once again. Therefore, we should launch a third war in Iraq or at least raining Hellfire missiles on Iraq from drones. This logic seems to ignore the immutable fact that it is U.S. violence in the region that converts peaceful Arab citizens into "terrorists." The message is clear: end our military involvement in the Mideast and northern Africa. But that message seems to fall on deaf ears in Washington, D.C. That is because this is not about terrorists at all. It is about control of Pipelinestan and profits in the military-industrial complex.   
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