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Paul Merrell

Sen. Dianne Feinstein's New NSA Bill Will Codify and Extend Mass Surveillance of Americ... - 0 views

  • Sen. Dianne Feinstein, the chairman of the Senate Intelligence Committee and one of the NSA’s biggest defenders, released what she calls an NSA “reform” bill today. Don’t be fooled: the bill codifies some of the NSA’s worst practices, would be a huge setback for everyone’s privacy, and it would permanently entrench the NSA’s collection of every phone record held by U.S. telecoms.
Paul Merrell

The 'Athens Affair' shows why we need encryption without backdoors | Trevor Timm | Comm... - 0 views

  • Just as it seems the White House is close to finally announcing its policy on encryption - the FBI has been pushing for tech companies like Apple and Google to insert backdoors into their phones so the US government can always access users’ data - new Snowden revelations and an investigation by a legendary journalist show exactly why the FBI’s plans are so dangerous. One of the biggest arguments against mandating backdoors in encryption is the fact that, even if you trust the United States government never to abuse that power (and who does?), other criminal hackers and foreign governments will be able to exploit the backdoor to use it themselves. A backdoor is an inherent vulnerability that other actors will attempt to find and try to use it for their own nefarious purposes as soon as they know it exists, putting all of our cybersecurity at risk. In a meticulous investigation, longtime NSA reporter James Bamford reported at the Intercept Tuesday that the NSA was behind the notorious “Athens Affair”. In surveillance circles, the Athens Affair is stuff of legend: after the 2004 Olympics, the Greek government discovered that an unknown attacker had hacked into Vodafone’s “lawful intercept” system, the phone company’s mechanism of wiretapping phone calls. The attacker spied on phone calls of the president, other Greek politicians and journalists before it was discovered. According to Bamford’s story, all this happened after the US spy agency cooperated with Greek law enforcement to keep an eye on potential terrorist attacks for the Olympics. Instead of packing up their surveillance gear, they covertly pointed it towards the Greek government and its people. But that’s not all: according to Snowden documents that Bamford cited, this is a common tactic of the NSA. They often attack the “lawful intercept” systems in other countries to spy on government and citizens without their knowledge:
  • Exploiting the weaknesses associated with lawful intercept programs was a common trick for NSA. According to a previously unreleased top-secret PowerPoint presentation from 2012, titled “Exploiting Foreign Lawful Intercept Roundtable”, the agency’s “countries of interest” for this work included, at that time, Mexico, Indonesia, Egypt and others. The presentation also notes that NSA had about 60 “Fingerprints” — ways to identify data — from telecom companies and industry groups that develop lawful intercept systems, including Ericsson, as well as Motorola, Nokia and Siemens. It’s the exact nightmare scenario security experts have warned about when it comes to backdoors: they are not only available to those that operate them “legally”, but also to those who can hack into them to spy without anyone’s knowledge. If the NSA can do it, so can China, Russia and a host of other malicious actors.
Paul Merrell

Google Chrome Listening In To Your Room Shows The Importance Of Privacy Defense In Depth - 0 views

  • Yesterday, news broke that Google has been stealth downloading audio listeners onto every computer that runs Chrome, and transmits audio data back to Google. Effectively, this means that Google had taken itself the right to listen to every conversation in every room that runs Chrome somewhere, without any kind of consent from the people eavesdropped on. In official statements, Google shrugged off the practice with what amounts to “we can do that”.It looked like just another bug report. "When I start Chromium, it downloads something." Followed by strange status information that notably included the lines "Microphone: Yes" and "Audio Capture Allowed: Yes".
  • Without consent, Google’s code had downloaded a black box of code that – according to itself – had turned on the microphone and was actively listening to your room.A brief explanation of the Open-source / Free-software philosophy is needed here. When you’re installing a version of GNU/Linux like Debian or Ubuntu onto a fresh computer, thousands of really smart people have analyzed every line of human-readable source code before that operating system was built into computer-executable binary code, to make it common and open knowledge what the machine actually does instead of trusting corporate statements on what it’s supposed to be doing. Therefore, you don’t install black boxes onto a Debian or Ubuntu system; you use software repositories that have gone through this source-code audit-then-build process. Maintainers of operating systems like Debian and Ubuntu use many so-called “upstreams” of source code to build the final product.Chromium, the open-source version of Google Chrome, had abused its position as trusted upstream to insert lines of source code that bypassed this audit-then-build process, and which downloaded and installed a black box of unverifiable executable code directly onto computers, essentially rendering them compromised. We don’t know and can’t know what this black box does. But we see reports that the microphone has been activated, and that Chromium considers audio capture permitted.
  • This was supposedly to enable the “Ok, Google” behavior – that when you say certain words, a search function is activated. Certainly a useful feature. Certainly something that enables eavesdropping of every conversation in the entire room, too.Obviously, your own computer isn’t the one to analyze the actual search command. Google’s servers do. Which means that your computer had been stealth configured to send what was being said in your room to somebody else, to a private company in another country, without your consent or knowledge, an audio transmission triggered by… an unknown and unverifiable set of conditions.Google had two responses to this. The first was to introduce a practically-undocumented switch to opt out of this behavior, which is not a fix: the default install will still wiretap your room without your consent, unless you opt out, and more importantly, know that you need to opt out, which is nowhere a reasonable requirement. But the second was more of an official statement following technical discussions on Hacker News and other places. That official statement amounted to three parts (paraphrased, of course):
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  • 1) Yes, we’re downloading and installing a wiretapping black-box to your computer. But we’re not actually activating it. We did take advantage of our position as trusted upstream to stealth-insert code into open-source software that installed this black box onto millions of computers, but we would never abuse the same trust in the same way to insert code that activates the eavesdropping-blackbox we already downloaded and installed onto your computer without your consent or knowledge. You can look at the code as it looks right now to see that the code doesn’t do this right now.2) Yes, Chromium is bypassing the entire source code auditing process by downloading a pre-built black box onto people’s computers. But that’s not something we care about, really. We’re concerned with building Google Chrome, the product from Google. As part of that, we provide the source code for others to package if they like. Anybody who uses our code for their own purpose takes responsibility for it. When this happens in a Debian installation, it is not Google Chrome’s behavior, this is Debian Chromium’s behavior. It’s Debian’s responsibility entirely.3) Yes, we deliberately hid this listening module from the users, but that’s because we consider this behavior to be part of the basic Google Chrome experience. We don’t want to show all modules that we install ourselves.
  • If you think this is an excusable and responsible statement, raise your hand now.Now, it should be noted that this was Chromium, the open-source version of Chrome. If somebody downloads the Google product Google Chrome, as in the prepackaged binary, you don’t even get a theoretical choice. You’re already downloading a black box from a vendor. In Google Chrome, this is all included from the start.This episode highlights the need for hard, not soft, switches to all devices – webcams, microphones – that can be used for surveillance. A software on/off switch for a webcam is no longer enough, a hard shield in front of the lens is required. A software on/off switch for a microphone is no longer enough, a physical switch that breaks its electrical connection is required. That’s how you defend against this in depth.
  • Of course, people were quick to downplay the alarm. “It only listens when you say ‘Ok, Google’.” (Ok, so how does it know to start listening just before I’m about to say ‘Ok, Google?’) “It’s no big deal.” (A company stealth installs an audio listener that listens to every room in the world it can, and transmits audio data to the mothership when it encounters an unknown, possibly individually tailored, list of keywords – and it’s no big deal!?) “You can opt out. It’s in the Terms of Service.” (No. Just no. This is not something that is the slightest amount of permissible just because it’s hidden in legalese.) “It’s opt-in. It won’t really listen unless you check that box.” (Perhaps. We don’t know, Google just downloaded a black box onto my computer. And it may not be the same black box as was downloaded onto yours. )Early last decade, privacy activists practically yelled and screamed that the NSA’s taps of various points of the Internet and telecom networks had the technical potential for enormous abuse against privacy. Everybody else dismissed those points as basically tinfoilhattery – until the Snowden files came out, and it was revealed that precisely everybody involved had abused their technical capability for invasion of privacy as far as was possible.Perhaps it would be wise to not repeat that exact mistake. Nobody, and I really mean nobody, is to be trusted with a technical capability to listen to every room in the world, with listening profiles customizable at the identified-individual level, on the mere basis of “trust us”.
  • Privacy remains your own responsibility.
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    And of course, Google would never succumb to a subpoena requiring it to turn over the audio stream to the NSA. The Tor Browser just keeps looking better and better. https://www.torproject.org/projects/torbrowser.html.en
Paul Merrell

Europe and Ukraine: A tale of two elections - RT Op-Edge - 0 views

  • Circumstances surrounding the European and Ukrainian elections were far from being a mere coincidence. The regime changers in Kiev decided to hold a presidential election on May 25, the same day as European Parliament elections, in order to demonstrate their desire to follow a European-centric foreign policy.
  • Way beyond the established fact of an Atlantic push against Russian western borderlands, Ukraine remains a catfight of local oligarchies. No wonder the new Ukrainian president is also an oligarch; the 7th wealthiest citizen in the land, who owns not just a chocolate empire, but also automotive plants, a shipyard in Crimea and a TV channel. The only difference is that he’s a NATO oligarch
  • Meanwhile, in NATOstan, local and transnational elites have been desperately trying to spin a measure of success. Abstention remains notable – only roughly 4 in 10 Europeans take the trouble to vote on what goes on in Strasbourg, with a majority alienated enough to legitimize the mix of internal European austerity and international belligerence.
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  • Hardly discussed in the pre-vote campaigns were the Snowden NSA revelations; the shady negotiations between Washington and Brussels over a free trade agreement which will be a boon for US Big Business; and how the financial casino supervised by the European Central Bank, the IMF, and the European Commission (EC) will remain untouched, further ravaging the European middle classes. The anti-EU crowd performed very well in France, the UK, Denmark and Greece. Not so well in Italy and the Netherlands. The mainstream did relatively well in Germany and ultraconservative Spain – even though losing votes to small parties.
  • Essentially, European voters said two things out loud: either “the EU sucks,” or “we couldn’t care less about you, Eurocrat suckers.” As if that sea of lavishly pensioned Brussels apparatchiks – the Eurocrats - would care. After all, their mantra is that “democracy” is only good for others (even Ukrainians…) but not for the EU; when the European flock of sheep votes, they should only be allowed to pick obscure Brussels-peddled and Brussels-approved treaties. Brussels, anyway, is bound to remain the Kafkaesque political epitome of centralized control and red tape run amok. No wonder the EU is breathlessly pivoting with itself as the global economy relentlessly pivots to Asia.
  • To believe that an EU under troika austerity will bail Kiev out of its massive outstanding debts is wishful thinking. The recipe - already inbuilt in the $17 billion IMF “rescue” package is, of course, austerity. Oligarchs will remain in control, while assorted plunderers are already lining up. Former US Secretary of State Madeleine Albright – for whom hundreds of thousands of Iraqi children were expendable – “observed” the elections, and most of all observed how to privatize Telecom Ukraine, as she is doing now with Telekom Kosovo. There’s no evidence Right Sector and Svoboda will cease to be crypto-fascist, racist and intolerant just because Poroshenko – the King of Ukrainian Chocolate – is now the president. By the way, his margin for maneuver is slim, as his own markets – not to mention some of his factories – are in Russia. Heavy industry and the weapons industry in eastern Ukraine depend on Russian demand. It would take at least a whopping $276 billion for the West to “stabilize” eastern Ukraine. The notion of the EU “saving” Ukraine is D.O.A.
  • Moscow, once again, just needs to do what it is doing: nothing. And make sure there will be no economic or political help unless a federalized – and Finlandized - Ukraine with strong regions sees the light of day. Even the Brookings Institution has reluctantly been forced to admit that the US neo-con gambit has failed miserably; there’s no Ukraine without Russian help.
  • Signs so far are mixed. Poroshenko said Ukraine could “possibly” become an EU member state by 2025 (it won’t happen). He ruled out entering NATO (wise move). He rejects federalization (dumb move). He believes that with a strong economy Crimea would want to be back (wishful thinking). Still, he believes in reaching a compromise with Moscow (that’s what Moscow always wanted, even before regime change).
  • Back in NATOstan, there’s the crucial point of what happens to the ultra-right-wing anti-EU brigade in the Parliament in Strasbourg. They may all abhor the EU, but the fact is this ideological basket case will hardly form an alliance.
  • What this ultimately means is that conservative and moderate parties, as per the status quo, will remain in control, expressed via an extremely likely coalition of the European People’s Party (center-right) and the Socialists and Democrats (center-left). What comes next, in the second half of 2014, is the appointment of a new EU Commission. That’s Kafka redux, as in the bureaucrat-infested executive arm of the EU, which shapes the agenda, sort of (when it’s not busy distributing subventions in color-coded folders for assorted European cows.) There are 5 candidates fighting for the position of EC president. According to the current EU treaty, member states have to consider the result of EU Parliament elections when appointing a new president. Germany wants a conservative. France and Italy want a socialist. So expect a tortuous debate ahead to find who will succeed the spectacularly mediocre Jose Manuel Barroso. The favorite is a right-winger of the European People’s Party, former Prime Minister of Luxembourg Jean-Claude Juncker. He is an avid defender of banking secrecy while posing himself as a champion of “market social economy.”
  • Then there’s more Kafka: choosing the new president of the EU Council and the High Representative for Foreign Affairs. Translation: the EU won’t decide anything, or “reform” anything for months. That includes the critical negotiations with the Americans over the free trade deal. It’s absolutely impossible to spin these Sunday elections as not discrediting even more the EU project as it stands. As I’ve seen for myself, since early 2014, in 5 among the top EU countries, what matters for the average citizen is as follows: how to deal with immigration; how to fight the eradication of the welfare state; the implications of the free trade agreement with the US; the value of the euro –including an absurdly high cost of living; and what the ECB mafia is actually doing to fight unemployment.
  • With Kafka in charge for the foreseeable future, what’s certain is that Paris and Berlin will drift further and further apart. There will be no redesign of the EU’s institutions. And the next Parliament, filled with sound and fury, will be no more than a hostage of the devastating, inexorable political fragmentation of Europe. “Saving” Ukraine? What a joke. The EU cannot even save itself.
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    Pepe Escobar's take on the Presidential election in Ukraine and the EU-wide national election of EU Parliament members, both held on the same day. Excerpts only highlighted.  
Paul Merrell

West's antiquated unipolar world collides with the East's vision of a mulipolar future.... - 0 views

  • For years the West has been cultivating a proxy political machine inside of Ukraine for the purpose of peeling the nation away from its historical and socioeconomic ties to Russia. The deep relationship between Western corporate-financier interests on Wall Street and in London and the opposition in Ukraine are best summarized in PR Weeks “Analysis: PR gets trodden underfoot as sands shift in Ukraine.” In the article, the involvement of some of the most notorious corporate lobbying firms on Earth, including Bell Pottinger and the Podesta Group, are revealed to have been involved in Ukraine’s internal affairs since the so-called “Orange Revolution” in 2004 – a coup admittedly orchestrated by the West and in particular the US government.  The article chronicles (and defends) the continuing, unabated meddling of the West up to and including the most recent turmoil consuming Ukraine.    PR Week’s article revealed that heavily funded networks propping up the proxy regime in Kiev are sponsored by “individuals and private companies who support stronger EU-Ukraine relations.” It is these Western corporate-financier interests, not Ukrainian aspirations for “democracy” and “freedom,” that kicked off the “Euromaidan” mobs in the first place – and will be the driving force that misshapes and deforms the regions of western Ukraine now overrun by the West’s proxies.  To the east in Ukraine, people are prominently pro-Russian, sharing closer cultural, linguistic, and socioeconomic ties to Russia as well as long historical parallels. They have welcomed moves by Russia to counter the coup in Kiev and protect eastern Ukraine from the corrosive influence that will grow as the West further entrenches itself.
  • With the vacant chair of deposed Ukrainian President Viktor Yanukovych still warm, the tentacles of Western corporate-financier interests have already wound themselves around Kiev and have begun to squeeze.  Chevron, which had signed a multi-billion dollar deal with Ukraine in November, 2013, was operating in the west of Ukraine, and alongside other Western energy giants such as ExxonMobil and Shell. The deals were part of President Yanukovych’s apparent gravitation toward the West and impending integration with the EU which was then suddenly overturned in favor with re-cementing ties with Russia. Western oil giants clearly saw the benefit of backing a putsch that would leave the western half firmly in the orbit of the US, UK, and EU. They can not only continue their business on the western edge of Ukraine, but expand their interests unabated across the country now that a capitulating, puppet regime sits in Kiev.   While Western big-oil plans to move in and siphon billions, the International Monetary Fund (IMF) is already planning deep cuts in social benefits as part of a staggering austerity regime to restructure financially the seized western region of Ukraine, and if possible, all of Ukraine proper.
  • RT reported in its article, “Pensions in Ukraine to be halved – sequestration draft,” that: The self-proclaimed government in Kiev is reportedly planning to cut pensions by 50 percent as part of unprecedented austerity measures to save Ukraine from default. With an “empty treasury”, reduction of payments might take place in March.  According to the draft document obtained by Kommersant-Ukraine, social payments will be the first to be reduced. The proxy regime set up in Kiev has already indicated its eager acceptance to all IMF conditions. The fate of western Ukraine will be no different than other members of the European Union preyed upon by the corporate-financier interests that created the supranational consolidation in the first place. The reduction of a multipolar Europe into a unipolar, supranational consolidation which can be easily and collectively looted is a microcosm of what the West’s Fortune 500 plan as part of their global unipolar order.  
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  • The natural resources, human capital, and geopolitical advantages found within the borders of Ukraine, will now become the natural resources, human capital, and geopolitical advantages of Chevron, BP, Monsanto, a myriad of defense contractors, telecom corporations, and other familiar brands seen marauding across the planet leaving in its wake destitution, socioeconomic disparity, and perpetual division they intentionally sow in order to protect their holdings from any form of unified or organized opposition.    No matter how obvious the West’s game may be to some, had Ukraine fallen entirely under the control of Western interests, a multitude of excuses could and would have been peddled to explain the unraveling of Ukrainian society in terms that would exonerate the corporate-financier interests truly driving the crisis. But Ukraine has not entirely fallen to the West, and because of that, the planned decimation of western Ukraine, its economy, and its sovereignty will stand out in stark contrast to the eastern region that has remained beyond the West’s reach and within the orbit of Russia’s multipolar vision of the future.  
Paul Merrell

Things Barack Obama Doesn't Consider "Abuse" | emptywheel - 0 views

  • President Obama will shortly give a speech in which he’ll make cosmetic changes to the NSA dragnet, but will continue, in many ways, the accessing of personal data from Americans with no probable cause. As part of his cosmetic effort, he will also say there has been no evidence of abuse in these programs. That means he does not consider any of the following abuse: The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
  • According to the NSA in 2009, it had a program similar to Project Minaret — the tracking of anti-war opponents in the 1970s — in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse. When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses). Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
  • The NSA has twice — in 2009 and 2011 — admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening. As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations. In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
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  • NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA. Rather than discussing any of these violations, the NSA has waved around a few cases of LOVEINT (most, if not all, of which have not been prosecuted) as part of a successful ploy to distract from much more systemic abuses of its authority, affecting far more Americans. But there has been abuse, even beyond practices (like back door searches) that gut the Fourth Amendment or (like NSA’s approach to encryption) that hurt Americans’ security. President Obama will spend a lot of time saying there have been no abuses. He’s wrong.
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    One I had missed before, Marcy Wheeler's missive just before Obama delivered his speech on the NSA in January 2014, announcing his proposed "reforms."
Paul Merrell

Tech giants oppose NSA reform bill for timid safeguards against spying - RT USA - 0 views

  • Ahead of Thursday’s US House vote on a bill sold as reform of a major US government spying program, top technology firms like Google have joined civil liberties and privacy groups in calling the legislation inadequate in fighting mass surveillance. The Reform Government Surveillance coalition – AOL, Apple, Dropbox, Facebook, Google, LinkedIn, Microsoft, Twitter, and Yahoo – offered a statement on Wednesday denouncing the USA Freedom Act as a weak attempt at ending the government’s bulk storage of domestic phone metadata.
  • The USA Freedom Act would take the mass storage of phone records away from the government. Instead, telecommunications companies would be required to store the data. The bill would require the National Security Agency to get approval to search the telecoms’ cache of records from the often-compliant Foreign Intelligence Surveillance Court. Last-minute changes to the bill rankled privacy groups on Tuesday, leading many of them to decry the backdoor dealings as responsible for a “weakened,” “watered down” bill compared to what had previously passed the House Judiciary and Intelligence Committees earlier this month. On Wednesday, the tech coalition echoed these concerns, calling the amended legislation a move “in the wrong direction” of needed reform regarding mass surveillance. "The latest draft opens up an unacceptable loophole that could enable the bulk collection of Internet users' data," the coalition said. "While it makes important progress, we cannot support this bill as currently drafted and urge Congress to close this loophole to ensure meaningful reform." The loophole referred to by the coalition pertains to the USA Freedom Act’s definition for how and when government officials can search collected phone metadata records.
  • The new language – approved by House leaders and the Obama administration in recent days – modifies the prohibitions on bulk collection of domestic data to allow government officials to search for Americans’ phone records using a “a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought.” This revised standard for the USA Freedom Act’s reform of surveillance is too broad and leaves privacy protections at risk, civil liberties groups said on Tuesday. In addition, the legislation’s new language also weakens the bill’s transparency provisions which outlined how much technology companies can disclose to customers about the extent of government requests of user data.
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  • In addition to the tech coalition’s protest, the Computer & Communications Industry Association – whose members include Pandora, Samsung, Sprint, and others – said Wednesday it would “not support consideration or passage of the USA Freedom Act in its current form." The Obama administration publicly threw its support behind the amended USA Freedom Act, saying the bill would “provide the public greater confidence in our programs and the checks and balances in the system.” “The bill ensures our intelligence and law enforcement professionals have the authorities they need to protect the nation, while further ensuring that individuals’ privacy is appropriately protected when these authorities are employed,” the White House included.
  • Lawmakers opposed to the secretive negotiations attempted on Tuesday to counter the weakened surveillance reform bill by offering an amendment to the National Defense Authorization Act (NDAA) that is “materially identical” to the version of the USA Freedom Act that was advanced by the House Judiciary and Intelligence Committees earlier this month. Yet the amendment was denied by the House Rules Committee late Tuesday. The House is now scheduled to vote on the USA Freedom Act on Thursday under closed rules, which forbids adding amendments before the final vote.
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    The Obama Administration and NSA supporters in the House of Representatives resort to a successful last-minute ambush attack to eviscerate the modest reforms proposed in the USA Freedom Act. 
Paul Merrell

C3TV - Tell no-one - 0 views

  • For nearly one hundred years, the NSA and its predecessors have been engaging in secret, illegal deals with the American telecom industry, with both virtually immune from prosecution.
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    Great 1-hour talk by James Bamford, the first NSA whistleblower and author of The Puzzle Palace, on the history of NSA and its predecessor agencies/government efforts. 
Paul Merrell

British Prime Minister Suggests Banning Some Online Messaging Apps - NYTimes.com - 0 views

  • Popular messaging services like Snapchat and WhatsApp are in the cross hairs in Britain. That was the message delivered on Monday by Prime Minister David Cameron, who said he would pursue banning encrypted messaging services if Britain’s intelligence services were not given access to the communications. The statement comes as many European politicians are demanding that Internet companies like Google and Facebook provide greater information about people’s online activities after several recent terrorist threats, including the attacks in Paris.
  • Mr. Cameron, who has started to campaign ahead of a national election in Britain in May, said his government, if elected, would ban encrypted online communication tools that could potentially be used by terrorists if the country’s intelligence agencies were not given increased access. The reforms are part of new legislation that would force telecom operators and Internet services providers to store more data on people’s online activities, including social network messages. “Are we going to allow a means of communications which it simply isn’t possible to read?” Mr. Cameron said at an event on Monday, in reference to services like WhatsApp, Snapchat and other encrypted online applications. “My answer to that question is: ‘No, we must not.’ ” Mr. Cameron said his first duty was to protect the country against terrorist attacks.
  • “The attacks in Paris demonstrated the scale of the threat that we face and the need to have robust powers through our intelligence and security agencies in order to keep our people safe,” he added. Any restriction on these online services, however, would not take effect until 2016, at the earliest, and it remained unclear how the British government could stop people from using these apps, which are used by hundreds of millions of people worldwide.
Paul Merrell

New Cyber-Spying Discovery Points to NSA and the "Five Eyes" - WhoWhatWhy - 0 views

  • here’s yet another tantalizing clue that the National Security Agency and its “Five Eyes” allies are behind a poweful cyber-espionage tool called Regin, used to spy on friend and enemy alike. That’s the conclusion Russian cybersecurity firm Kaspersky drew after examining the source code of Regin and an innocuously-named spying tool called QWERTY. It’s an appropriate monicker. The malware, known as a keylogger,  vacuums up anything typed on a computer keyboard and sends it back to the programmer controlling it. The crucial clue Kaspersky found is that QWERTY “can only operate as part of the Regin platform.” After tracking Regin across 14 countries for years, Kaspersky and technology firm Symantec identified it in November 2014.  At the time, Symantec said Regin’s “capabilities and the level of resources behind [it] indicate that it is one of the main cyberespionage tools used by a nation state.” 
  • Though neither company said it, suspicion immediately arose that the NSA and its allies had created Regin. It immediately drew comparisons with Stuxnet, the joint U.S.-Israeli computer worm used to damage Iranian nuclear centrifuges in Natanz in 2009. Unlike Stuxnet’s narrow mission of sabotage, Regin is designed for spying in a wide set of environments. It hides in plain sight, disguised as ordinary Microsoft software.
  • The new evidence further points to the Five Eyes. The German news magazine Der Spiegel has a trove of documents from NSA whistleblower Edward Snowden, which included the source code. Der Spiegel gave Kaspersky the code to examine: The new analysis provides clear proof that Regin is in fact the cyber-attack platform belonging to the Five Eyes alliance, which includes the U.S., Britain, Canada, Australia and New Zealand. Neither Kaspersky nor Symantec commented directly on the likely creator of Regin. But there can be little room left for doubt regarding the malware’s origin. Der Spiegel pointed to five elements they believe suggest Five Eyes authorship: the presence of QWERTY in Snowden’s files, its use in the Belgacom hack by Britain’s GCHQ, references to the sport of cricket in the code, structural similarities to tools outlined in other Snowden documents, and targets consistent with other Five Eyes tools and campaigns.
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  • Regin has been used to spy on telecom providers, financial institutions, energy companies, airlines, research institutes and the hospitality industry, and on European Union officials. The 14 countries found to have been penetrated include Russia, Malaysia, Afghanistan, and Fiji. Even though the trail is hot now, security experts say that Regin is still out there committing wholesale espionage. That’s because parts of it like QWERTY help mask other components. Like any good spy, it’s constantly changing disguises.
Paul Merrell

European Lawmakers Demand Answers on Phone Key Theft - The Intercept - 0 views

  • European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”
  • “If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.
  • According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.
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  • While Gemalto was indeed another casualty in Western governments’ sweeping effort to gather as much global intelligence advantage as possible, the leaked documents make clear that the company was specifically targeted. According to the materials published Thursday, GCHQ used a specific codename — DAPINO GAMMA — to refer to the operations against Gemalto. The spies also actively penetrated the email and social media accounts of Gemalto employees across the world in an effort to steal the company’s encryption keys. Evidence of the Gemalto breach rattled the digital security community. “Almost everyone in the world carries cell phones and this is an unprecedented mass attack on the privacy of citizens worldwide,” said Greg Nojeim, senior counsel at the Center for Democracy & Technology, a non-profit that advocates for digital privacy and free online expression. “While there is certainly value in targeted surveillance of cell phone communications, this coordinated subversion of the trusted technical security infrastructure of cell phones means the US and British governments now have easy access to our mobile communications.”
  • For Gemalto, evidence that their vaunted security systems and the privacy of customers had been compromised by the world’s top spy agencies made an immediate financial impact. The company’s shares took a dive on the Paris bourse Friday, falling $500 million. In the U.S., Gemalto’s shares fell as much 10 percent Friday morning. They had recovered somewhat — down 4 percent — by the close of trading on the Euronext stock exchange. Analysts at Dutch financial services company Rabobank speculated in a research note that Gemalto could be forced to recall “a large number” of SIM cards. The French daily L’Express noted today that Gemalto board member Alex Mandl was a founding trustee of the CIA-funded venture capital firm In-Q-Tel. Mandl resigned from In-Q-Tel’s board in 2002, when he was appointed CEO of Gemplus, which later merged with another company to become Gemalto. But the CIA connection still dogged Mandl, with the French press regularly insinuating that American spies could infiltrate the company. In 2003, a group of French lawmakers tried unsuccessfully to create a commission to investigate Gemplus’s ties to the CIA and its implications for the security of SIM cards. Mandl, an Austrian-American businessman who was once a top executive at AT&T, has denied that he had any relationship with the CIA beyond In-Q-Tel. In 2002, he said he did not even have a security clearance.
  • AT&T, T-Mobile and Verizon could not be reached for comment Friday. Sprint declined to comment. Vodafone, the world’s second largest telecom provider by subscribers and a customer of Gemalto, said in a statement, “[W]e have no further details of these allegations which are industrywide in nature and are not focused on any one mobile operator. We will support industry bodies and Gemalto in their investigations.” Deutsche Telekom AG, a German company, said it has changed encryption algorithms in its Gemalto SIM cards. “We currently have no knowledge that this additional protection mechanism has been compromised,” the company said in a statement. “However, we cannot rule out this completely.”
  • Update: Asked about the SIM card heist, White House press secretary Josh Earnest said he did not expect the news would hurt relations with the tech industry: “It’s hard for me to imagine that there are a lot of technology executives that are out there that are in a position of saying that they hope that people who wish harm to this country will be able to use their technology to do so. So, I do think in fact that there are opportunities for the private sector and the federal government to coordinate and to cooperate on these efforts, both to keep the country safe, but also to protect our civil liberties.”
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    Watch for massive class action product defect litigation to be filed against the phone companies.and mobile device manufacturers.  In most U.S. jurisdictions, proof that the vendors/manufacturers  knew of the product defect is not required, only proof of the defect. Also, this is a golden opportunity for anyone who wants to get out of a pricey cellphone contract, since providing a compromised cellphone is a material breach of warranty, whether explicit or implied..   
Paul Merrell

Germany Fires Verizon Over NSA Spying - 0 views

  • Germany announced Thursday it is canceling its contract with Verizon Communications over concerns about the role of U.S. telecom corporations in National Security Agency spying. “The links revealed between foreign intelligence agencies and firms after the N.S.A. affair show that the German government needs a high level of security for its essential networks,” declared Germany’s Interior Ministry in a statement released Thursday. The Ministry said it is engaging in a communications overhaul to strengthen privacy protections as part of the process of severing ties with Verizon. The announcement follows revelations, made possible by NSA whistleblower Edward Snowden, that Germany is a prime target of NSA spying. This includes surveillance of German Chancellor Angela Merkel’s mobile phone communications, as well as a vast network of centers that secretly collect information across the country. Yet, many have accused Germany of being complicit in NSA spying, in addition to being targeted by it. The German government has refused to grant Snowden political asylum, despite his contribution to the public record about U.S. spying on Germany.
Paul Merrell

ISPs take GCHQ to court in UK over mass surveillance | World news | theguardian.com - 0 views

  • Internet service providers from around the world are lodging formal complaints against the UK government's monitoring service, GCHQ, alleging that it uses "malicious software" to break into their networks.The claims from seven organisations based in six countries – the UK, Netherlands, US, South Korea, Germany and Zimbabwe – will add to international pressure on the British government following Edward Snowden's revelations about mass surveillance of the internet by UK and US intelligence agencies.The claims are being filed with the investigatory powers tribunal (IPT), the court in London that assesses complaints about the agencies' activities and misuse of surveillance by government organisations. Most of its hearings are held at least partially in secret.
  • The IPT is already considering a number of related submissions. Later this month it will investigate complaints by human rights groups about the way social media sites have been targeted by GCHQ.The government has defended the security services, pointing out that online searches are often routed overseas and those deemed "external communications" can be monitored without the need for an individual warrant. Critics say that such a legal interpretation sidesteps the need for traditional intercept safeguards.The latest claim is against both GCHQ, located near Cheltenham, and the Foreign Office. It is based on articles published earlier this year in the German magazine Der Spiegel. That report alleged that GCHQ had carried out an attack, codenamed Operation Socialist, on the Belgian telecoms group, Belgacom, targeting individual employees with "malware (malicious software)".One of the techniques was a "man in the middle" attack, which, according to the documents filed at the IPT, bypasses modern encryption software and "operates by interposing the attacker [GCHQ] between two computers that believe that they are securely communicating with each other. In fact, each is communicating with GCHQ, who collect the communications, as well as relaying them in the hope that the interference will be undetected."The complaint alleges that the attacks were a breach of the Computer Misuse Act 1990 and an interference with the privacy rights of the employees under the European convention of human rights.
  • The organisations targeted, the submission states, were all "responsible and professional internet service providers". The claimants are: GreenNet Ltd, based in the UK, Riseup Networks in Seattle, Mango Email Service in Zimbabwe, Jinbonet in South Korea, Greenhost in the Netherlands, May First/People Link in New York and the Chaos Computer Club in Hamburg.
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  • Among the programs said to have been operating were Turbine, which automates the injection of data and can infect millions of machines and Warrior Pride, which enables microphones on iPhones and Android devices to be remotely activated.
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 3) U.S. court proceedings.
  • 4) Greater individual demand for, and use of, encryption.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
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    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

Asia Times Online :: China's silky road to glory - 0 views

  • If there were any remaining doubts about the unlimited stupidity Western corporate media is capable of dishing out, the highlight of the Asia-Pacific Economic Cooperation (APEC) summit in Beijing has been defined as Russian President Vladimir Putin supposedly "hitting" on Chinese President Xi Jinping's wife - and the subsequent Chinese censoring of the moment when Putin draped a shawl over her shoulders in the cold air where the leaders were assembled. What next? Putin and Xi denounced as a gay couple?

    Let's dump the clowns and get down to the serious business. Right at the start, President Xi urged APEC to "add firewood to



    the fire of the Asia-Pacific and world economy". Two days later, China got what it wanted on all fronts.
  • 3) Beijing and Moscow committed to a second gas mega-deal - this one through the Altai pipeline in Western Siberia - after the initial "Power of Siberia" mega-deal clinched last May. 4) Beijing announced the funneling of no less than US$40 billion to start building the Silk Road Economic Belt and the 21st Century Maritime Silk Road.
  • Predictably, once again, this vertiginous flurry of deals and investment had to converge towards the most spectacular, ambitious, wide-ranging plurinational infrastructure offensive ever attempted: the multiple New Silk Roads - that complex network of high-speed rail, pipelines, ports, fiber optic cables and state of the art telecom that China is already building across the Central Asian stans, linked to Russia, Iran, Turkey and the Indian Ocean, and branching out to Europe all the way to Venice, Rotterdam, Duisburg and Berlin
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  • ) Beijing had all 21 APEC member-nations endorsing the Free Trade Area of the Asia-Pacific (FTAAP) - the Chinese vision of an "all inclusive, all-win" trade deal capable of advancing Asia-Pacific cooperation - see South China Morning Post (paywall). The loser was the US-driven, corporate-redacted, fiercely opposed (especially by Japan and Malaysia) 12-nation Trans-Pacific Partnership (TPP). [See also here. 2) Beijing advanced its blueprint for "all-round connectivity" (in Xi's words) across Asia-Pacific - which implies a multi-pronged strategy. One of its key features is the implementation of the Beijing-based US$50 billion Asian Infrastructure Investment Bank. That's China's response to Washington refusing to give it a more representative voice at the International Monetary Fund than the current, paltry 3.8% of votes (a smaller percentage than the 4.5% held by stagnated France).
  • Now imagine the paralyzed terror of the Washington/Wall Street elites as they stare at Beijing interlinking Xi's "Asia-Pacific Dream" way beyond East Asia towards all-out, pan-Eurasia trade - with the center being, what else, the Middle Kingdom; a near future Eurasia as a massive Chinese Silk Belt with, in selected latitudes, a sort of development condominium with Russia.
  • Vlad doesn't do stupid stuff As for "Don Juan" Putin, everything one needs to know about Asia-Pacific as a Russian strategic/economic priority was distilled in his intervention at the APEC CEO summit.
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    Pepe Escobar chronicles the decline of the American empire and the ascension of the China-funded New Silk Roads.
Paul Merrell

Embassy of Cuba in NZ Newsletter - No.4 31st January 2015 | Scoop News - 0 views

  • Agreement China-CELAC a ‘Costa Rican achievement’ — Correa Ecuador president Rafael Correa has said that the Celac agreement with China, was probably the greatest achievement of Costa Rica during its presidency, adding that among the main achievements was reaching concrete agreements with China in the bilateral forum recently held there.In an interview with several local television channels, the Ecuadorian president said that for its size, China can be considered as a region, and deepening the relationship would be beneficial for the Celac countries.Beijing was the “principal financier of the world” and to achieve agreements to finance projects aimed at the development of Latin America and the Caribbean Project was “a great success,” he said.Correa, now pro tempore president of the regional bloc, said that at the current stage of development of the region, what was needed was financing.“We no longer need,” he said, “the alms like those given by NGOs who come to construct little schools, because we can do that.“What we need is science, technology, technology transfer to help us create our human talent, and China can give those to us,” he added.
  • Cuba and China strengthen economic relations Cuba and China have signed five new agreements — in agriculture, telecoms, trade, finances, industry and transportation — confirming both countries’ interest in strengthening and expanding their economic relations.This was the result of the 27th Intergovernmental Commission Cuba-China held last week which also made official the postponement of the starting date of payment of the credit given by China through the Economic and Technical Cooperation agreement.
  • Correa considered it was a complementary relationship between equals, given that China needs energy, oil and food, which could be obtained from Latin American and Caribbean countries.Four priority areas were identified for the work of the new presidency: reducing extreme poverty, establishment of a new international financial architecture, development of science and technology, and road, productive and energy infrastructure.
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  • Both parties agreed to carry out a special session in four months to examine the bilateral economic agenda and the processes of implementation of the signed documents.The 27th Intergovernmental Commission also reviewed 29 cooperation and economic agreements signed during the visit of Chinese President, Xi Jinping on July 22 last year.The documents dealt with the concession of a line of credit for the construction of the multipurpose terminal in the port of Santiago de Cuba, in the eastern region of the island, among other facilities.Deputy minister of foreign trade and investment Ileana Nuñez said the agreements would attract more revenues to sectors like tourism, mining and construction.She underlined the favourable conditions and level of mutual relations, which grow, deepen and expand the interest of more Chinese investors.China is the second biggest trading partner of Cuba and Cuba is China´s major partner in the Caribbean, while Cuban tobacco and marine products gain ground in Asia.Assistant trade minister of China Zhang Xiangchen ratified their intention to honour commitments and strengthen economic and trade relations with Cuba.The trade relationship of both nations exceeded 1.4 billion dollars in 2013 and after signing the latest agreements, it could increase by 26 percent, according to official estimates.
Paul Merrell

Wikimedia v. NSA: Another Court Blinds Itself to Mass NSA Surveillance | Electronic Fro... - 0 views

  • We all know justice is blind. But that is supposed to mean that everyone before it is treated equally, not that the justice system must close its eyes and refuse to look at important legal issues facing Americans.  Yet the government continues to convince courts that they cannot consider the constitutionality of its behavior in national security cases and, last week, in an important case for anyone who has ever used Wikipedia, another judge agreed with that position.  A federal district judge in Maryland dismissed Wikimedia v. NSA, a case challenging the legality of the NSA’s “upstream” surveillance—mass surveillance of Internet communications as they flow through the Internet backbone. The case was brought by our friends at the ACLU on behalf of nine plaintiffs, including human rights organizations, members of the media, and the Wikimedia Foundation.1 We filed a brief in the case, too, in support of Wikimedia and the other plaintiffs. The judge dismissed the case based on a legal principle called standing. Standing is supposed to ensure, among other things, that the party bringing the lawsuit has suffered a concrete harm, caused by the party being sued, and that the court can resolve the harm with a favorable ruling.
  • But the U.S. government has taken this doctrine, which was intended to limit the cases federal courts hear to actual live controversies, and turned it into a perverse shell game in surveillance cases—essentially arguing that because aspects of the surveillance program are secret, plaintiffs cannot prove that their communications were actually, in fact, intercepted and surveilled. And without that proof, the government argues, there’s no standing, because plaintiffs can’t show that they’ve suffered harm. Sadly, like several other courts before it, the judge agreed to this shell game and decided that it couldn’t decide whether the constitutional rights of Wikimedia and the other plaintiffs were violated.  This game is mighty familiar to us at EFF, but that doesn’t make it any less troubling. In our system, the courts have a fundamental obligation to conclusively determine the legality of government action that affects individuals’ constitutional rights. For years now, plaintiffs have tried to get the courts to simply issue a ruling on the merits of NSA surveillance programs. And for years, the government has successfully persuaded the courts to rely on standing and related doctrines to avoid doing so. That is essentially what happened here. The court labeled as “speculative” Wikimedia’s claim that, at a minimum, even one of its approximately one trillion Internet communications had been swept up in the NSA’s upstream surveillance program. Remember, this is a program that, by the government’s own admission, involves the searching and scanning of vast amounts of Internet traffic at key Internet junctures on the Internet’s backbone. Yet in court’s view, Wikimedia’s allegations describing upstream—based on concrete facts, taken from government documents— coupled with a plaintiff that engages in a large volume of internet communications were not enough to state a “plausible” claim that Wikimedia had been surveilled.
  • On the way to reaching that conclusion, and putting on its blindfold, the court made a number of mistakes. The Government’s Automated Eyes Are Still Government Eyes First, it appears the court fundamentally misunderstood Wikimedia’s claim about upstream surveillance and, in particular, “about surveillance.” As Wikimedia alleged, “about surveillance” (a specific aspect of upstream surveillance that searches the content of communications for references to particular email addresses or other identifiers) amounts to “the digital analogue of having a government agent open every piece of mail that comes through the post to determine whether it mentions a particular word or phrase.” The court held, however, that this type of “about” surveillance was “targeted insofar as it makes use of only those communications that contain information matching the tasked selectors,” like email addresses. But what the government "makes use of" is entirely beside the point—it is the scanning of the communications for the tasked selectors in the first place that is the problem.  To put it into a different context, the government conducts a search when it enters into your house and starts rifling through your files—not just when it finds something it wants to keep. The government's ultimate decision to “make use of” the communications it finds interesting is irrelevant. It is the search of the communications that matters.
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  • Back of the Envelope Gymnastics Another troubling aspect of the court’s decision was its attack on the probabilities Wikimedia assigned to the likelihood of its communications being intercepted. Given that Wikimedia engages in a large volume of Internet communications, Wikimedia alleged that—even assuming a .00000001% chance that any one particular communication is intercepted—it would still have a 99.9999999999% of having one of its communications intercepted. The statistic was used to illustrate that, even assuming very low probabilities for interception, there was still a near-certainty that Wikipedia’s traffic was collected. But the court attacked Wikimedia’s simple statistical analysis (and the attack tracked, to a great degree, arguments made in the government’s declarations that the court purportedly did not consider). The court seemed to believe it had seized upon a great flaw in Wikimedia’s case by observing that, if the probability of any given communication being intercepted were decreased 100% or 1000%, the probability of one of Wikimedia’s communications being intercepted would similarly drop. The “mathematical gymnastics” the court believed it had unearthed were nothing more than Wikimedia using an intentionally small (and admittedly arbitrary) probability to illustrate the high likelihood that its communications had been swept up. But even if the court disagreed with the probabilities Wikimedia relied on, it’s not at all clear why that would justify dismissing the case at the outset. If it turned out, after development of the record, that the probabilities were off, then dismissal might be appropriate. But the court cut the case off before Wikimedia had the opportunity to introduce evidence or other facts that might support the probability they assigned.
  • Someone Else Probably Has Standing, Right? Perhaps most troubling was the court’s mistaken belief that the legality of upstream surveillance could be challenged in other ways, beyond civil cases like Wikimedia or our ongoing case, Jewel v. NSA. The court asserted its decision would not insulate upstream from judicial review, which—according to the court—could still receive judicial scrutiny through (1) review from the Foreign Intelligence Surveillance Court (FISC), (2) a challenge by a criminal defendant, or (3) a challenge from an electronic service provider. None of these options is truly a viable alternative, however. First, the FISC (until very recently) did not have adversarial proceedings—it only heard from the government, and its proceedings remain both far more limited and more secretive than a regular court’s. Second, a challenge from a criminal defendant won’t work either, because, to date, the government has explicitly refused to disclose—even where defendants are notified of the use of FISA surveillance—whether their communications were obtained using upstream surveillance. And, finally, in the nearly 15 years (or more) the government has conducted upstream surveillance, we’re not aware of any service provider that has challenged the legality of the practice. Indeed, given that upstream is done with the cooperation of telecoms like AT&T and Verizon—the same telcos that did not challenge the NSA’s bulk collection of Americans’ call records for over a decade—we're not holding our breath for a challenge anytime soon. Instead, we need the courts to tackle these cases. Upstream surveillance presents unique constitutional issues that no federal court has seriously addressed. It's time the federal courts stepped up to the challenge.
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    The notion that the government can intentionally violate the privacy rights of its citizens yet a court find that those citizens have no right to seek redress announces a view that privacy rights are hollow --- that those wronged by government malfeasance have no remedy in the courts of our nation. That is a view that must be thrown in the dustbins of history if freedom is to be preserved. 
Paul Merrell

A Secret Catalogue of Government Gear for Spying on Your Cellphone - 0 views

  • HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.
  • The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.
  • ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.
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  • “We’ve seen a trend in the years since 9/11 to bring sophisticated surveillance technologies that were originally designed for military use — like Stingrays or drones or biometrics — back home to the United States,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation, which has waged a legal battle challenging the use of cellphone surveillance devices domestically. “But using these technologies for domestic law enforcement purposes raises a host of issues that are different from a military context.”
  • But domestically the devices have been used in a way that violates the constitutional rights of citizens, including the Fourth Amendment prohibition on illegal search and seizure, critics like Lynch say. They have regularly been used without warrants, or with warrants that critics call overly broad. Judges and civil liberties groups alike have complained that the devices are used without full disclosure of how they work, even within court proceedings.
Paul Merrell

State witness turning point in Netanyahu corruption case | The News Tribune - 0 views

  • Now that one of Benjamin Netanyahu's closest confidants has turned state witness, according to Israeli media reports Wednesday, it may mark a turning point for the beleaguered prime minister facing a slew of corruption allegations that could topple him from power. The testimony by Shlomo Filber, a long-time Netanyahu aide, is the latest in a dizzying series of developments and scandals that have engulfed the prime minister, his family and his inner circle. Police would not confirm whether Filber would testify against Netanyahu, but all the major Israeli media outlets said a deal to do so had been reached. Aluf Benn, editor-in-chief of the Haaretz daily, wrote Wednesday that "these are the final days of Benjamin Netanyahu's rule" and that "Netanyahu's leadership has been dealt a harsh blow, apparently a mortal one."
  • Filber, the former director of the Communications Ministry under Netanyahu, is under arrest on suspicion of promoting regulation worth hundreds of millions of dollars to Israel's Bezeq telecom company. In return, Bezeq's popular news site, Walla, allegedly provided favorable coverage of Netanyahu and his family. The reports came shortly after another bombshell allegation that a different Netanyahu confidant attempted to bribe a judge in exchange for dropping a corruption case against Netanyahu's wife. Nir Hefetz, a longtime media adviser to Netanyahu and his family, remains in custody. The prime minister, who held the communications portfolio until last year, has not yet been named a suspect, though he may soon be questioned. Netanyahu has denied all the charges, calling them part of a media-orchestrated witch hunt that has swept up the police and prosecution as well, and has vowed to carry on. Still, the string of accusations appears to be taking its toll. Senior Cabinet ministers from Netanyahu's ruling Likud party, who until just recently have marched out dutifully to defend him, have largely gone silent. Netanyahu himself appeared ashen in a video released late Tuesday calling the claims "total madness."
  • Former Prime Minister Ehud Barak, a bitter rival of Netanyahu, told Channel 10 TV "there is no way back" for the premier. "This chapter in the political history of Israel is about to end," he said. Barak said he closely knows Netanyahu and believes he "understands that this is the end of the story" but will try and postpone the inevitable in different ways. Other leading Israeli columnists on Wednesday suggested that if Filber told all he knew, Netanyahu was probably more worried about avoiding prison than staying in office. "When so many dark clouds accumulate in the sky, the chances of rain increase," wrote Nahum Barnea in Yediot Ahronot. "His appearance lent the fight he is waging the dimensions of a Shakespearean tragedy. This isn't the end. It isn't even the beginning of the end. But it cannot have a different end."
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  • Avi Gabbay, head of Labor Party, said he was preparing for elections. "The Netanyahu era is over," he said. "These are not easy days. Netanyahu's personal battle for survival has been accompanied by the corrupting of the public service and the harming of the free press." The latest probes come days after police announced that there was sufficient evidence to indict Netanyahu for bribery, fraud and breach of trust in two separate cases.
Paul Merrell

Israeli media: Close Netanyahu aide turns state witness | The Seattle Times - 0 views

  • A third confidant of Benjamin Netanyahu has agreed to turn state witness and testify against the prime minister, who faces a wave of corruption allegations, Israeli media reported Monday. Various outlets say longtime Netanyahu family spokesman Nir Hefetz agreed to testify in return for a more lenient punishment. He joins Shlomo Filber, another long-time aide, enmeshed in scandal. Both are under arrest on suspicion of promoting regulation worth hundreds of millions of dollars to Israel’s Bezeq telecom company in return for favorable coverage of Netanyahu and his family by the firm’s popular news website. Israeli police have recommended indicting Netanyahu for bribery, fraud and breach of trust in two separate cases. Longtime aide Ari Harow is a state witness in one of those.
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