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Paul Merrell

DEA Global Surveillance Dragnet Exposed; Access to Data Likely Continues - The Intercept - 0 views

  • Secret mass surveillance conducted by the Drug Enforcement Administration is falling under renewed scrutiny after fresh revelations about the broad scope of the agency’s electronic spying. On Tuesday, USA Today reported that for more than two decades, dating back to 1992, the DEA and the Justice Department “amassed logs of virtually all telephone calls from the USA to as many as 116 countries linked to drug trafficking.” Citing anonymous current and former officials “involved with the operation,” USA Today reported that Americans’ calls were logged between the United States and targeted countries and regions including Canada, Mexico, and Central and South America.
  • The DEA’s data dragnet was apparently shut down by Attorney General Eric Holder in September 2013. But on Wednesday, following USA Today’s report, Human Rights Watch launched a lawsuit against the DEA over its bulk collection of phone records and is seeking a retrospective declaration that the surveillance was unlawful. The latest revelations shine more light on the broad scope of the DEA’s involvement in mass surveillance programs, which can be traced back to a secret program named “Project Crisscross” in the early 1990s, as The Intercept previously revealed. Documents from National Security Agency whistleblower Edward Snowden, published by The Intercept in August last year, showed that the DEA was involved in collecting and sharing billions of phone records alongside agencies such as the NSA, the CIA and the FBI.
  • The vast program reported on by USA Today shares some of the same hallmarks of Project Crisscross: it began in the early 1990s, was ostensibly aimed at gathering intelligence about drug trafficking, and targeted countries worldwide, with focus on Central and South America. It is also reminiscent of the so-called Hemisphere Project, a DEA operation revealed in September 2013 by The New York Times, which dated as far back as 1987, and used subpoenas to collect vast amounts of international call records every day. There is crossover, too, with a DEA database called DICE, revealed by Reuters in August 2013, which reportedly contains phone and Internet communication records gathered by the DEA through subpoenas and search warrants nationwide. The precise relationship between Crisscross, DICE, Hemisphere and the surveillance program revealed by USA Today is unclear. Whether or not they were part of a single overarching operation, the phone records and other data collected by each were likely accessible to DEA agents through the same computer interfaces and search and analysis tools.
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  • A Justice Department spokesman told Reuters Wednesday that “all of the information has been deleted” and that the DEA was “no longer collecting bulk telephony metadata from U.S. service providers.” What the spokesman did not say is that the DEA has access to troves of phone records from multiple sources — and not all of them are obtained from U.S. service providers. As The Intercept’s reporting on Project Crisscross revealed, the DEA has had large-scale access to data covertly collected by the NSA, CIA and other agencies for years. According to NSA documents obtained by Snowden, the DEA can sift through billions of metadata records collected by other agencies about emails, phone calls, faxes, Internet chats and text messages using systems named ICREACH and CRISSCROSS/PROTON.
  • Notably, the DEA spying reported by USA Today encompassed phone records collected by the DEA using administrative subpoenas to obtain data from phone companies without the approval of a judge. The phone records collected by the agency as part of Project Hemisphere and the data stored on the DICE system were also collected through subpoenas and warrants. But ICREACH alone was designed to handle two to five billion new records every day — the majority of them not collected using any conventional search warrant or a subpoena. Instead, most of the data accessible to the DEA through ICREACH is vacuumed up by the NSA using Executive Order 12333, a controversial Reagan-era presidential directive that underpins several NSA bulk surveillance operations that monitor communications overseas. The 12333 surveillance takes place with no court oversight and has received minimal Congressional scrutiny because it is targeted at foreign, not domestic, communication networks.
  • This means that some of the DEA’s access to mass surveillance data — records collected in bulk through subpoenas or warrants — may have been shut down by Holder in 2013. But it is likely that the agency still has the ability to tap into other huge data repositories, and questions remain about how that access is being used.
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    How many ways do I love thee? ... Just a few minutes. I have to consult my haystacks.  'Twas on August 20, 1982 when Ronald Reagan formally declered "War on Drugs," thereby sweeping U.S. Drug Enforcement Administration records under the umbrella of "national security" secrets. Concurrently, a document was produced by the White House that mentioned that the forerunners of today's "fusion centers" would be created to begin trawling government databases for information to wage that war, including medical records held by the then-Veterans Administration. I''ve been keeping an eye on those rascals ever since. Believe me, we have merely scratched the surface of a very few of the Feds' "haystacks." There are very many to go before they're all rooted out into the sunlight.  
Paul Merrell

Yet another huge diplomatic victory for Russia | The Vineyard of the Saker - 0 views

  • Unless you read Russian or monitor the free blogosphere, you might not have noticed this, but something big just happened in Russia: Kerry, Nuland and a large State Department delegation have traveled to Sochi were they met with Foreign Minister Lavrov and then with President Putin.  With the latter they spent over 4 hours.  Not only that, but Kerry made a few rather interesting remarks, saying that the Minsk-2 Agreement (M2A) was the only way forward and that he would strongly caution Poroshenko against the idea of renewing military operations.
  • Unless you read Russian or monitor the free blogosphere, you might not have noticed this, but something big just happened in Russia: Kerry, Nuland and a large State Department delegation have traveled to Sochi were they met with Foreign Minister Lavrov and then with President Putin.  With the latter they spent over 4 hours.  Not only that, but Kerry made a few rather interesting remarks, saying that the Minsk-2 Agreement (M2A) was the only way forward and that he would strongly caution Poroshenko against the idea of renewing military operations.
  • To say that this is a stunning development would be an understatement. For one thing, this means that the so-called “isolation of Russia” is now officially over, even for the “Indispensable Empire”. Second, this is, as far as I know, the first official US endorsement of M2A.  This is rather humiliating for the US considering that M2A was negotiated without the Americans. Third, for the very first time the US has actually warned the Ukronazi junta against a military attack.  This, at a time when the Ukronazis are in a state of bellicose frenzy and Poroshenko just promised to re-conqueor not only the Donetsk Airport, but all of the Donbass and even Crimea, show that for the very first time the US and Kiev are not on the same page.
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  • Fourth, the USA has, for the first time, declared that if M2A was implemented, EU and US sanctions would be lifted.  Interestingly, the Russians were not even interested in discussing the topic of sanctions. So what does that all mean? At this point, nothing much. Americans are terrible negotiators and in every single US-Russian negotiation over the conflict in the Ukraine the Russians completely out-negotiated their American “geostrategic partners” (the quasi-official ironic Russian term describing the West) every time.  What typically happens, is that Kerry caves in, then comes back to Washington and changes his tune by 180 degree.  The Russians know that and the Russian media stressed that in its analyses.
  • Still, the USA can zig and then zag as many times as they want, reality does not zag.  If anything, the recent presence of Chinese and Indian troops on the Red Square showed that the notion of “isolating Russia” is a non-starter whether Kerry & Co. accept it or not. Then, there was the rather interesting behavior of Nuland, who was with Kerry’s delegation, she refused to speak to the press and left looking rather unhappy.
  • Finally, a quick check of the Imperial Mouthpieces reveals that the Imperial Propaganda Department does not really know what to make of it all. So what is going on, really? Honestly, this one is too early to call and, as I said, the chances for yet another US “zag” are very high. Still, what *might* be happening is that the Americans have finally (!) figured out a few basic facts: Russia will not back down Russia is ready for war The Nazi-occupied Ukraine is collapsing Most of the world supports Russia The entire US policy towards Russia has failed
  • All of the above is rather obvious to any halfway competent observer, but for an Administration completely intoxicated with imperial hubris, crass ignorance and denial these are very, very painful realities to catch up with.  However, denying them might, at the end of the day, get the USA nuked.  As the expression goes, if you head is in the sand, your ass is in the air. Thus it is possible that what just happens is the first sign of a US sobering up and that what Kerry came to explore with Lavrov and Putin is some kind of face saving exit option.  If that is so, then this is terminal news for Poroshenko as this means that the US has basically thrown in the towel in utter disgust with the freaks in power in Kiev. Furthermore, this might be a sign that US military analysts have taken a very negative view of the Ukronazi changes of success in their planned “Reconquista” of the Donbass.  By going to Russia and officially endorsing M2A Kerry might be sending a message to Poroshenko: forget it, it ain’t happening!
  • Still, I would strongly caution against any premature optimism.  I consider a US “zag” a quasi-certitude.  My hope is that the “zag” will be limited in magnitude and that when it happens, it will be more about face-saving exit for Obama than about a denial of reality. What is certain though, is that Russia has won yet another battle is this long war and that all the signs are pointing at the inevitable defeat of the Empire.
Paul Merrell

Profiled From Radio to Porn, British Spies Track Web Users' Online Identities | Global ... - 0 views

  • One system builds profiles showing people’s web browsing histories. Another analyzes instant messenger communications, emails, Skype calls, text messages, cell phone locations, and social media interactions. Separate programs were built to keep tabs on “suspicious” Google searches and usage of Google Maps. The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens  all without a court order or judicial warrant.
  • The power of KARMA POLICE was illustrated in 2009, when GCHQ launched a top-secret operation to collect intelligence about people using the Internet to listen to radio shows. The agency used a sample of nearly 7 million metadata records, gathered over a period of three months, to observe the listening habits of more than 200,000 people across 185 countries, including the U.S., the U.K., Ireland, Canada, Mexico, Spain, the Netherlands, France, and Germany.
  • GCHQ’s documents indicate that the plans for KARMA POLICE were drawn up between 2007 and 2008. The system was designed to provide the agency with “either (a) a web browsing profile for every visible user on the Internet, or (b) a user profile for every visible website on the Internet.” The origin of the surveillance system’s name is not discussed in the documents. But KARMA POLICE is also the name of a popular song released in 1997 by the Grammy Award-winning British band Radiohead, suggesting the spies may have been fans. A verse repeated throughout the hit song includes the lyric, “This is what you’ll get, when you mess with us.”
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  • GCHQ vacuums up the website browsing histories using “probes” that tap into the international fiber-optic cables that transport Internet traffic across the world. A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events”  a term the agency uses to refer to metadata records  with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held  41 percent  was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it saidwould be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.” HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs.
  • The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
Paul Merrell

Revealed: How DOJ Gagged Google over Surveillance of WikiLeaks Volunteer - The Intercept - 0 views

  • The Obama administration fought a legal battle against Google to secretly obtain the email records of a security researcher and journalist associated with WikiLeaks. Newly unsealed court documents obtained by The Intercept reveal the Justice Department won an order forcing Google to turn over more than one year’s worth of data from the Gmail account of Jacob Appelbaum (pictured above), a developer for the Tor online anonymity project who has worked with WikiLeaks as a volunteer. The order also gagged Google, preventing it from notifying Appelbaum that his records had been provided to the government. The surveillance of Appelbaum’s Gmail account was tied to the Justice Department’s long-running criminal investigation of WikiLeaks, which began in 2010 following the transparency group’s publication of a large cache of U.S. government diplomatic cables. According to the unsealed documents, the Justice Department first sought details from Google about a Gmail account operated by Appelbaum in January 2011, triggering a three-month dispute between the government and the tech giant. Government investigators demanded metadata records from the account showing email addresses of those with whom Appelbaum had corresponded between the period of November 2009 and early 2011; they also wanted to obtain information showing the unique IP addresses of the computers he had used to log in to the account.
  • The Justice Department argued in the case that Appelbaum had “no reasonable expectation of privacy” over his email records under the Fourth Amendment, which protects against unreasonable searches and seizures. Rather than seeking a search warrant that would require it to show probable cause that he had committed a crime, the government instead sought and received an order to obtain the data under a lesser standard, requiring only “reasonable grounds” to believe that the records were “relevant and material” to an ongoing criminal investigation. Google repeatedly attempted to challenge the demand, and wanted to immediately notify Appelbaum that his records were being sought so he could have an opportunity to launch his own legal defense. Attorneys for the tech giant argued in a series of court filings that the government’s case raised “serious First Amendment concerns.” They noted that Appelbaum’s records “may implicate journalistic and academic freedom” because they could “reveal confidential sources or information about WikiLeaks’ purported journalistic or academic activities.” However, the Justice Department asserted that “journalists have no special privilege to resist compelled disclosure of their records, absent evidence that the government is acting in bad faith,” and refused to concede Appelbaum was in fact a journalist. It claimed it had acted in “good faith throughout this criminal investigation, and there is no evidence that either the investigation or the order is intended to harass the … subscriber or anyone else.” Google’s attempts to fight the surveillance gag order angered the government, with the Justice Department stating that the company’s “resistance to providing the records” had “frustrated the government’s ability to efficiently conduct a lawful criminal investigation.”
  • The Justice Department wanted to keep the surveillance secret largely because of an earlier public backlash over its WikiLeaks investigation. In January 2011, Appelbaum and other WikiLeaks volunteers’ – including Icelandic parlimentarian Birgitta Jonsdottir – were notified by Twitter that the Justice Department had obtained data about their accounts. This disclosure generated widepread news coverage and controversy; the government says in the unsealed court records that it “failed to anticipate the degree of  damage that would be caused” by the Twitter disclosure and did not want to “exacerbate this problem” when it went after Appelbaum’s Gmail data. The court documents show the Justice Department said the disclosure of its Twitter data grab “seriously jeopardized the [WikiLeaks] investigation” because it resulted in efforts to “conceal evidence” and put public pressure on other companies to resist similar surveillance orders. It also claimed that officials named in the subpeona ordering Twitter to turn over information were “harassed” after a copy was published by Intercept co-founder Glenn Greenwald at Salon in 2011. (The only specific evidence of the alleged harassment cited by the government is an email that was sent to an employee of the U.S. Attorney’s office that purportedly said: “You guys are fucking nazis trying to controll [sic] the whole fucking world. Well guess what. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US.”)
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  • Google accused the government of hyperbole and argued that the backlash over the Twitter order did not justify secrecy related to the Gmail surveillance. “Rather than demonstrating how unsealing the order will harm its well-publicized investigation, the government lists a parade of horribles that have allegedly occurred since it unsealed the Twitter order, yet fails to establish how any of these developments could be further exacerbated by unsealing this order,” wrote Google’s attorneys. “The proverbial toothpaste is out of the tube, and continuing to seal a materially identical order will not change it.” But Google’s attempt to overturn the gag order was denied by magistrate judge Ivan D. Davis in February 2011. The company launched an appeal against that decision, but this too was rebuffed, in March 2011, by District Court judge Thomas Selby Ellis, III.
  • The government agreed to unseal some of the court records on Apr. 1 this year, and they were apparently turned over to Appelbaum on May 14 through a notification sent to his Gmail account. The files were released on condition that they would contain some redactions, which are bizarre and inconsistent, in some cases censoring the name of “WikiLeaks” from cited public news reports. Not all of the documents in the case – such as the original surveillance orders contested by Google – were released as part of the latest disclosure. Some contain “specific and sensitive details of the investigation” and “remain properly sealed while the grand jury investigation continues,” according to the court records from April this year. Appelbaum, an American citizen who is based in Berlin, called the case “a travesty that continues at a slow pace” and said he felt it was important to highlight “the absolute madness in these documents.”
  • He told The Intercept: “After five years, receiving such legal documents is neither a shock nor a needed confirmation. … Will we ever see the full documents about our respective cases? Will we even learn the names of those signing so-called legal orders against us in secret sealed documents? Certainly not in a timely manner and certainly not in a transparent, just manner.” The 32-year-old, who has recently collaborated with Intercept co-founder Laura Poitras to report revelations about National Security Agency surveillance for German news magazine Der Spiegel, said he plans to remain in Germany “in exile, rather than returning to the U.S. to experience more harassment of a less than legal kind.”
  • “My presence in Berlin ensures that the cost of physically harassing me or politically harassing me is much higher than when I last lived on U.S. soil,” Appelbaum said. “This allows me to work as a journalist freely from daily U.S. government interference. It also ensures that any further attempts to continue this will be forced into the open through [a Mutal Legal Assistance Treaty] and other international processes. The German goverment is less likely to allow the FBI to behave in Germany as they do on U.S. soil.” The Justice Department’s WikiLeaks investigaton is headed by prosecutors in the Eastern District of Virginia. Since 2010, the secretive probe has seen activists affiliated with WikiLeaks compelled to appear before a grand jury and the FBI attempting to infiltrate the group with an informant. Earlier this year, it was revealed that the government had obtained the contents of three core WikiLeaks staffers’ Gmail accounts as part of the investigation.
Joseph Skues

Prisoner Advocate Elaine Brown on Georgia Prison Strike: "Repression Breeds Resistance" - 0 views

  • four prisons in Georgia remain in lockdown five days after prisoners went on strike
  • Using cell phones purchased from guards, the prisoners coordinated the nonviolent protests to stage the largest prison strike in U.S. history.
  • reports of widespread violence and brutality by the guards against the prisoners on strike
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  • Elaine Brown, Longtime prison activist and former chair of the Black Panther Party. Her books include The Condemnation of Little B: New Age Racism in America and A Taste of Power: A Black Woman’s Story.
  • Black Panthers, Then and Now (5/13/1996)
  • until they receive better medical care and nutrition, more educational opportunities, payment for the work they do in the prisons.
  • they’re demanding just parole decisions, an end to cruel and unusual punishments, and better access to their families.
  • the newly formed group Concerned Coalition to Respect Prisoners’ Rights
  • And t hey made a decision that that would be on December 9th.I have no idea why they picked that date and how they ended up getting perhaps ten prisons involved. But at that point, of course, the guards and the administration became aware of their intention. And so, when they locked down on the night of the 8th, their decision was to not get up.
  • they’re talking about four prisons, and there were probably ten in the initial one-day strike
  • Can you tell us a little bit about your life and how you came to be a prison activist today?
  • have known him for 15 years, and I have been with him for that long, since he was incarcerated and put into an adult facility at 14 years old.
  • there’s no real educational opportunities. There’s no exercise. There’s nothing else.
  • Not only is he on lockdown, but he’s in the hole right now, because from almost day one or so, I was informed that he was taken off to the hole, deemed some sort of leader.
  • the constant violence being perpetrated against them by guards, who with their own idle time look to try and instigate an incident here or there, so there’s a lot of screaming, hollering, you know, aggressive behaviors that go on. And so, there’s always some incident jumping off,
  • But the prisoners in the state of Georgia are paid nothing at all.Now, that’s not to say that the prisoners in other states are being paid. They’re mostly being paid a dollar a day to 50 cents an hour
  • they are not paid one single dime, and they are required to clean the floors, clean the showers, do the yard work, do the dishes, cook the food—in other words, to maintain the prison itself.
  • I learned the other day that one guy said he paid $800 to a guard for a cell phone that was probably worth about 50 bucks. So, that’s the first point that has to be made, because people imagine that there’s all this smuggling going on—and there is, but it’s on the part of—in the main, on the part of guards that are inside these facilities.
  • all of them, for reasons that I cannot explain how they suddenly understood how to be unified, decided, “Yeah, we’re not working, and we’re down with this, and we’re not going to get up, and we’re going to stay united.” And across the prisons, in the various sets, they called each other, sent text messages
  • e food is bad. They have poor nutrition.
  • In the Black Panther Party, there was a 10-point platform and program that articulated some of the manifestations of our general oppression, talking about lack of education, as a matter of fact, not having enough food and housing. In essence, what we called for was freedom and right of self-determination.
  • the Brown Berets, the Red Guard, the Young Lords, the Young Patriots, and so forth
  • So, we became internationalists.
  • when we consider that we black people make up approximately 12 to 13 percent of the overall population and yet almost 50 percent of the prison population, we have to ask the question, is this the result of some genetic flaw in black people? Are we obviously some sort of criminally minded? Or is there something wrong in the scheme of things? Obviously, the latter is what I would say. And so, I’ve committed myself to bringing people out of prison.
  • So I helped to organize the Committee to Free Chip Fitzgerald. These people have been buried in prison for their political beliefs, and they’ve been buried in prison for their poverty. There are no rich people languishing in the prisons of America.
  • which is what they are doing by prodding men with everything, turning off the heat, beating people, forcing them out of their cells, turning off the hot water, destroying and trashing people’s property, not feeding them, and so forth and so on, all kinds of tactics to instigate a violent response.
Paul Merrell

History of the Federal Judiciary - 0 views

  •  Olmstead v. United States: The Constitutional Challenges of Prohibition Enforcement Historical Documents Dissenting opinion of Justice Louis D. Brandeis in Olmstead v. United States Justice Brandeis’s dissenting opinion is one of the more notable dissents in Supreme Court history. He attempted to define a general right of privacy based on the Fourth and Fifth Amendments. Brandeis had long been interested in the problem of privacy in the modern age; years earlier he and his law partner, Samuel Warren, published what many consider the seminal article on the topic (Samuel Warren & Louis D. Brandeis, “The Right to Privacy,” 4 Harv. L. Rev. 193 (1890)). Brandeis’s opinion in Olmstead attempted to apply to the current era what he said were the principles of the Fourth and Fifth Amendments. Historians often overlook how much his approach draws on the dissenting opinion of Judge Rudkin in the circuit court, but Brandeis himself acknowledged his debt to Rudkin in the text. The quotation about “the form that evil had theretofore taken” referred to the Supreme Court decision in Weems v. United States, in which Justice Joseph McKenna wrote of the need for the Court to apply the general principles of the Constitution to new problems.
  • Moreover, “in the application of a constitution, our contemplation cannot be only of what has been but of what may be.” The progress of science in furnishing the Government with means of espionage is not likely to stop with wire-tapping. Ways may someday be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. “That places the liberty of every man in the hands of every petty officer” was said by James Otis of much lesser intrusions than these. To Lord Camden, a far slighter intrusion seemed “subversive of all the comforts of society.” Can it be that the Constitution affords no protection against such invasions of individual security? . . .
  • In Ex parte Jackson, 96 U.S. 727, it was held that a sealed letter entrusted to the mail is protected by the Amendments. The mail is a public service furnished by the Government. The telephone is a public service furnished by its authority. There is, in essence, no difference between the sealed letter and the private telephone message. As Judge Rudkin said below: “True, the one is visible, the other invisible; the one is tangible, the other intangible; the one is sealed, and the other unsealed, but these are distinctions without a difference.” The evil incident to invasion of the privacy of the telephone is far greater than that involved in tampering with the mails. Whenever a telephone line is tapped, the privacy of the persons at both ends of the line is invaded and all conversations between them upon any subject, and, although proper, confidential and privileged, may be overheard. Moreover, the tapping of one man’s telephone line involves the tapping of the telephone of every other person whom he may call or who may call him. As a means of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared with wire-tapping.
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  • Time and again, this Court in giving effect to the principle underlying the Fourth Amendment, has refused to place an unduly literal construction upon it. This was notably illustrated in the Boyd case itself. Taking language in its ordinary meaning, there is no “search” or “seizure” when a defendant is required to produce a document in the orderly process of a court’s procedure. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” would not be violated, under any ordinary construction of language, by compelling obedience to a subpoena. But this Court holds the evidence inadmissible simply because the information leading to the issue of the subpoena has been unlawfully secured. . . . The provision against self-incrimination in the Fifth Amendment has been given an equally broad construction. . . .
  • Decisions of this Court applying the principle of the Boyd case have settled these things. Unjustified search and seizure violates the Fourth Amendment, whatever the character of the paper; whether the paper when taken by the federal officers was in the home, in an office, or elsewhere; whether the taking was effected by force, by fraud, or in the orderly process of a court’s procedure. From these decisions, it follows necessarily that the Amendment is violated by the officer’s reading the paper without a physical seizure, without his even touching it; and that use, in any criminal proceeding, of the contents of the paper so examined—as where they are testified to by a federal officer who thus saw the document, or where, through knowledge so obtained, a copy has been procured elsewhere—any such use constitutes a violation of the Fifth Amendment. The protection guaranteed by the Amendments is much broader in scope. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.
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    The linked opinion is Justice Brandeis' dissent in Olmstead v. U.S., the first Supreme Court decision to approve the use of secret wiretap evidence in a criminal proceeding, even though gathered without a search warrant. The warrant requirement would later be imposed in 1967 by the decision in Katz v. U.S., which established that the Fourth Amendment the privacy of people, not places, reviving the Brandeis dissent to a large degree. Since Katz and the advent of broad government surveillance, Justice Brandeis' dissent is gaining still more attention. 
Paul Merrell

Leaked Emails ot Save the Children confirms Pakistan full of CIA agents!! - 0 views

  • Here are the emails. An article written by Umar Cheema is also on the Web, will post link once I am on my laptop. http://cirp.pk/e-mail.htm (edit: although some names have been blacked out, you can still view them by taking mouse over the links! e.g. First email is by Hassan Noor.. to Mike Novell, tkrift (??), Amanullah Khan.. CC is Afnan Aleem) These basically proves that everyone in the Abbotabad commission (except Mr Ashraf Qazi), including a very senior judge and general, were working under the influence of Save The Children NGO Retired General Nadeem was directly working under them! Afridi was NOT tortured by ISI. He did give ISI some false statements which the ISI didn't dig deeper because it suited them! (Example he was working for CIA since 2008, not 2009 as ISI was led to believe) Edit: Here is the article: http://www.thenews.com.pk/Todays-Ne...s-Abbottabad-Commission-was-penetrated-by-CIA -- All these NGOs should be banned and thrashed! ISI should publically hang foreign agents! (Even if they are Generals)
  • The NGO has neither denied the email record and the contents it carried (when shown by The News for seeking version) nor offered specific comments but that: “Our assistance to the Abbottabad Commission and its members including Gen Nadeem was within the legal parameters and Abbottabad Commission mandate to find facts.” Nadeem was not available for comments, however, his close aide termed the allegations as utterly “rubbish and non-sense” when comments were sought after showing the email record A transcript of internal wrangling: Muhammad Hassan Noor Saadi, deputy country director of Save the Children, met Gen (R) Nadeem on November 20, 2012 that followed his email to four senior colleagues. The report was primarily compiled by ‘our friend’, his email reads, and was endorsed by the Chairman but one of the members, Ashraf Qazi, was not in agreement with them. He wrote a dissenting note criticising Chairman Justice (R) Javed Iqbal and Gen (R) Nadeem ‘for being soft on certain institutions (including Save the Children).’
  • Another member, Abbas Khan, was neither willing to sign the report in its current shape, discloses email record, nor wanted to put a dissenting note hence decided to prolong his stay in the US where he went on the ‘pretext of medical ground’. More alarmingly, the NGO was granted access to the Commission’s report well before it was sent to the prime minister. Save the Children had uninterrupted access to the four drafts prepared in June 2012 by the members including the chairman, email record available with The News indicates. All favours granted to Save the Children on behalf of the Commission were in clear breach of public trust raising question marks about the integrity of the members. The chairman of the NGO, Save the Children, was contacted by The News. He initially agreed to meet but later stopped taking calls and did not respond to messages sent to him.Nadeem also felt confident, the email record shows, that he would be able to convince the panel with the answers given by the NGO and urge his colleagues to go by the facts presented by Save the Children instead of believing on the contents of Afridi’s statement. Gen (R) Nadeem also advised the NGO, an email of the country director reads, to fight the expulsion of our expatriate as otherwise the ISI would move quickly to close down the country programme before the Commission report comes out.
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  • Record shows Abbottabad Commission was penetrated by CIA​ Umar Cheema Friday, August 02, 2013 From Print Edition ISLAMABAD: A mind-blowing detail has emerged from the internal correspondence of NGO Save the Children disclosing its infiltration into the Abbottabad Commission to save its skin following allegations of the CIA’s penetration into the NGO in a hunt for Osama bin Laden through Dr Shakil Afridi, now under arrest in Peshawar. “Some of us suspected that the khakis had access to the record and receive daily updates but never realised an NGO had infiltrated too,” said an official privy to the Commission’s working. The leaked communication indicates that Lt Gen (retd) Nadeem Ahmed, an unofficial representative of the Army and ISI in the Commission, was allegedly cultivated by Save the Children who would offer him ‘how-to-do’ bailout advice, even sharing details about the internal politics of the Commission and classified record, something in radical contradiction to his reputation as a thorough professional and a man of integrity. He briefed the deputy country director of Save the Children, according to the email, about the views of different members, staunch opposition from a panel colleague, Ashraf Jehangir Qazi, resulting in his dissenting note on the NGO and other institutions, and Gen (retd) Nadeem’s plan to effectively counter this note in collaboration with Justice (R) Javed Iqbal, the Chairman.
  • The Commission could not issue the report with that note and therefore now they are working on developing counter arguments on the note, read the email. The Commission needs to have a lot of comments removed from the note before it is in a shape that allows the report to be shared, the email continues, otherwise it can jeopardize the integrity of the members of the Commission. Justice (R) Javed Iqbal and Gen (R) Nadeem ‘have to work extra hard to factually prove a lot of things wrong that this third member is referring to,’ read the email of deputy country director. The email then explained the position of the fourth member, Abbas Ali Khan, absent from discussion. He is not willing to sign the report in the current shape, reads Hassan’s email, but also does not want to put in a note of dissent and therefore continues to prolong his stay in the US where he went on the pretext of treatment. As a way forward, the email continues, the two members will work with the third member (Ashraf Qazi) and try to come to a point where the note is significantly reduced and numbers of comments are taken out of the report. Gen (R) Nadeem’s advisory role of the NGO: The email also brings to light his role as adviser to the NGO. To a question that what Save the Children should do, Nadeem advised the deputy country director to build relationship and confidence with the Ministry of Interior and Economic Affairs Division. “It would take few months for you to be back to complete normalcy,” Gen (R) Nadeem advised.
  • In another email generated on August 29, 2012, David Wright, the country director, wrote that ‘on my instructions Hassan asked Gen (R) Nadeem to give an honest assessment as to what he thinks our chances are of surviving this.’ Gen (R) Nadeem replied that he felt confident regarding the answers we (NGO) will give to the questions proposed, ‘he could convince the other commission members to go with the fact rather than the content of Afridi’s statement.’ Gen (R) Nadeem also advised to fight the expulsion of our expatriates, Wrights email continued. “He felt if we did not do this and the expats left, the ISI would then move quickly to close down the country programme before the Commission report comes out.” Report draft shared with the NGO: Wright’s another email indicates that the draft was shared more than once with the NGO. Referring to a meeting of two senior officers of Save the Children with Gen (R) Nadeem, the country director said they were shown the report written by the Chairman of the Commission. The email said there were four versions of the report in June 2012 and these were reduced to two in August that year. However, they have reservations about the latest version shared in August as ‘the report which was originally thought to be our saviour, will be the tool for this expulsion.’ We will do our best, the email reads, to work ‘with our friends and try and get our responses in before the report is finalised.’ SOURCE: THE NEWS Record shows Abbottabad Commission was penetrated by CIA - thenews.com.pk
Paul Merrell

Operation Socialist: How GCHQ Spies Hacked Belgium's Largest Telco - 0 views

  • When the incoming emails stopped arriving, it seemed innocuous at first. But it would eventually become clear that this was no routine technical problem. Inside a row of gray office buildings in Brussels, a major hacking attack was in progress. And the perpetrators were British government spies. It was in the summer of 2012 that the anomalies were initially detected by employees at Belgium’s largest telecommunications provider, Belgacom. But it wasn’t until a year later, in June 2013, that the company’s security experts were able to figure out what was going on. The computer systems of Belgacom had been infected with a highly sophisticated malware, and it was disguising itself as legitimate Microsoft software while quietly stealing data. Last year, documents from National Security Agency whistleblower Edward Snowden confirmed that British surveillance agency Government Communications Headquarters was behind the attack, codenamed Operation Socialist. And in November, The Intercept revealed that the malware found on Belgacom’s systems was one of the most advanced spy tools ever identified by security researchers, who named it “Regin.”
  • The full story about GCHQ’s infiltration of Belgacom, however, has never been told. Key details about the attack have remained shrouded in mystery—and the scope of the attack unclear. Now, in partnership with Dutch and Belgian newspapers NRC Handelsblad and De Standaard, The Intercept has pieced together the first full reconstruction of events that took place before, during, and after the secret GCHQ hacking operation. Based on new documents from the Snowden archive and interviews with sources familiar with the malware investigation at Belgacom, The Intercept and its partners have established that the attack on Belgacom was more aggressive and far-reaching than previously thought. It occurred in stages between 2010 and 2011, each time penetrating deeper into Belgacom’s systems, eventually compromising the very core of the company’s networks.
  • When the incoming emails stopped arriving, it seemed innocuous at first. But it would eventually become clear that this was no routine technical problem. Inside a row of gray office buildings in Brussels, a major hacking attack was in progress. And the perpetrators were British government spies. It was in the summer of 2012 that the anomalies were initially detected by employees at Belgium’s largest telecommunications provider, Belgacom. But it wasn’t until a year later, in June 2013, that the company’s security experts were able to figure out what was going on. The computer systems of Belgacom had been infected with a highly sophisticated malware, and it was disguising itself as legitimate Microsoft software while quietly stealing data. Last year, documents from National Security Agency whistleblower Edward Snowden confirmed that British surveillance agency Government Communications Headquarters was behind the attack, codenamed Operation Socialist. And in November, The Intercept revealed that the malware found on Belgacom’s systems was one of the most advanced spy tools ever identified by security researchers, who named it “Regin.”
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  • Snowden told The Intercept that the latest revelations amounted to unprecedented “smoking-gun attribution for a governmental cyber attack against critical infrastructure.” The Belgacom hack, he said, is the “first documented example to show one EU member state mounting a cyber attack on another…a breathtaking example of the scale of the state-sponsored hacking problem.”
  • Publicly, Belgacom has played down the extent of the compromise, insisting that only its internal systems were breached and that customers’ data was never found to have been at risk. But secret GCHQ documents show the agency gained access far beyond Belgacom’s internal employee computers and was able to grab encrypted and unencrypted streams of private communications handled by the company. Belgacom invested several million dollars in its efforts to clean-up its systems and beef-up its security after the attack. However, The Intercept has learned that sources familiar with the malware investigation at the company are uncomfortable with how the clean-up operation was handled—and they believe parts of the GCHQ malware were never fully removed.
  • The revelations about the scope of the hacking operation will likely alarm Belgacom’s customers across the world. The company operates a large number of data links internationally (see interactive map below), and it serves millions of people across Europe as well as officials from top institutions including the European Commission, the European Parliament, and the European Council. The new details will also be closely scrutinized by a federal prosecutor in Belgium, who is currently carrying out a criminal investigation into the attack on the company. Sophia in ’t Veld, a Dutch politician who chaired the European Parliament’s recent inquiry into mass surveillance exposed by Snowden, told The Intercept that she believes the British government should face sanctions if the latest disclosures are proven.
  • What sets the secret British infiltration of Belgacom apart is that it was perpetrated against a close ally—and is backed up by a series of top-secret documents, which The Intercept is now publishing.
  • Between 2009 and 2011, GCHQ worked with its allies to develop sophisticated new tools and technologies it could use to scan global networks for weaknesses and then penetrate them. According to top-secret GCHQ documents, the agency wanted to adopt the aggressive new methods in part to counter the use of privacy-protecting encryption—what it described as the “encryption problem.” When communications are sent across networks in encrypted format, it makes it much harder for the spies to intercept and make sense of emails, phone calls, text messages, internet chats, and browsing sessions. For GCHQ, there was a simple solution. The agency decided that, where possible, it would find ways to hack into communication networks to grab traffic before it’s encrypted.
  • The Snowden documents show that GCHQ wanted to gain access to Belgacom so that it could spy on phones used by surveillance targets travelling in Europe. But the agency also had an ulterior motive. Once it had hacked into Belgacom’s systems, GCHQ planned to break into data links connecting Belgacom and its international partners, monitoring communications transmitted between Europe and the rest of the world. A map in the GCHQ documents, named “Belgacom_connections,” highlights the company’s reach across Europe, the Middle East, and North Africa, illustrating why British spies deemed it of such high value.
  • Documents published with this article: Automated NOC detection Mobile Networks in My NOC World Making network sense of the encryption problem Stargate CNE requirements NAC review – October to December 2011 GCHQ NAC review – January to March 2011 GCHQ NAC review – April to June 2011 GCHQ NAC review – July to September 2011 GCHQ NAC review – January to March 2012 GCHQ Hopscotch Belgacom connections
Paul Merrell

US Senate wants to know more about the intrusive "dirtboxes" that spy on Americans from... - 0 views

  • Sen. Jon Tester (D-MT) has sent a letter to the Department of Homeland Security and outgoing Attorney General Eric Holder to learn more about the use of “dirtboxes,” which collect phone data by masquerading as a nearby cell tower. The letter, which was co-signed by Democratic and Independent senators from Alaska, Vermont, and other states, argues that dirtboxes “potentially violate the Fourth Amendment and represent a significant intrusion into the private lives of thousands of Americans.” . The senators wrote the letter, which was sent on Wednesday, in response to a Wall Street Journal report about a US Marshals program that attaches these dirtboxes to planes flying across the United States. This reportedly allows law enforcement to collect information about “tens of thousands” of citizens under the planes’ flight path. It’s not clear how often these planes are flown. But it is clear that the devices  can determine someone’s location within a few meters, which could allow law enforcement to tell if that person is in a specific room inside a building, instead of merely knowing their general location. The devices are also thought to be able to snoop on phone calls, text messages, and other information transferred to affected cellphones.
  • Uber dra
Paul Merrell

ACLU accuses NSA of using holiday lull to 'minimise impact' of documents | US news | Th... - 0 views

  • The National Security Agency used the holiday lull to “minimise the impact” of a tranche of documents by releasing them on Christmas Eve, the American Civil Liberties Union (ACLU) said on Friday. The documents, which were released in response to a legal challenge by the ACLU under the Freedom of Information Act, are heavily – in some places totally –redacted versions of reports by the NSA to the President’s Intelligence Oversight Board dating back to 2007. A court ordered the documents released this past summer, and a 22 December deadline for that release was agreed upon, according to Patrick Toomey, a staff attorney at the ACLU’s national security project, because the NSA said it needed “six or seven months” to complete its review and redaction process. A spokesperson for the NSA said that the 22 December deadline, “which was agreed to by all parties,” was met.
  • But according to Toomey, the ACLU didn’t receive the documents until “late in the day on the 23rd” – the NSA sent them by FedEx late on the 22nd – and the NSA didn’t publicly release them until Christmas Eve. “I certainly think the NSA would prefer to have the documents released right ahead of the holidays in order to have less public attention on what they contain,” Toomey said. The redactions on the document are extreme, and their omissions tantalising. One entry, from the 4th quarter of 2008, reads: “On [redacted] [redacted] used the US SIGINT System (USSS) to locate [redacted] believed to be kidnapped [redacted] The selectors were tasked before authorization was obtained from NSA. After the NSA Office of General Counsel (OGC) denied the authorization request, [redacted] was found. He had not been kidnapped.” Another reads: “On [redacted] during an experimental collection and processing effort, NSA analysts collected [several lines of text redacted.] The messages were deleted [redacted] when the error was identified.”
  • Many entries are erased entirely, which means the documents reveal very little about how individuals who misuse the data were disciplined by the NSA, or how quickly errors were resolved. But, according to Toomey, they speak to a total picture of a “large number of different compliance violations. We don’t know how many.” He said the documents deepen the picture of the nature and extent of compliance violations by analysts working for the NSA.
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  • “There are certain portions of the documents that really vindicate some of the things [Edward] Snowden said when he first described the NSA surveillance in terms of the ability of analysts to conduct queries – without authorisation – of raw internet traffic,” Toomey said. Among the items redacted are sections detailing the total number of violations reported, with many ending up like this entry from 2013 “On [redacted] occasions during the fourth quarter, selectors were incorrectly tasked because of typographical errors.” This makes the scale of the problem difficult to gauge. Toomey said the ACLU would continue to sue for the release of those numbers. “More generally,” Toomey said, “just the range of different compliance violations makes it clear that at every step of the NSA’s collection of information there are vulnerabilities that leave the privacy of Americans at risk.”
Paul Merrell

Israeli attacks designed to "terrorize" Gaza population, international law experts say ... - 0 views

  • “The civilian population in the Gaza Strip is under direct attack,” dozens of international law experts have warned in a statement laying out numerous Israeli violations of the laws of war, some amounting to war crimes.
  • “Most of the recent heavy bombings in Gaza lack an acceptable military justification and, instead, appear to be designed to terrorize the civilian population,” says the statement, signed by more than 140 international and criminal law scholars, human rights defenders, legal and other experts. Among them are John Dugard and Richard Falk, both former UN special rapporteurs on the human rights situation in the occupied Palestinian territories.
  • “Gaza’s civilian population has been victimized in the name of a falsely construed right to self-defense,” the statement adds. Israel’s illegal attacks include its assault on the Gaza City neighborhood of [Shujaiya], which the statement says “was one of the bloodiest and most aggressive operations ever conducted by Israel in the Gaza Strip, a form of urban violence constituting a total disrespect of civilian innocence.”
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  • The statement also points to Israel’s deliberate destruction of the homes of thousands of people and Israel’s practice of giving “warnings” either in the form of smaller projectiles fired at a building, or via text message or telephone. Despite such warnings, “it remains illegal to willfully attack a civilian home without a demonstration of military necessity as it amounts to a violation of the principle of proportionality,” the experts say.
  • “Not only are these ‘warnings’ generally ineffective, and can even result in further fatalities,”the statement notes, “they appear to be a pre-fabricated excuse by Israel to portray people who remain in their homes as ‘human shields.’” “Israel’s illegal policy of absolute closure imposed on the Gaza Strip has relentlessly continued, under the complicit gaze of the international community of States,” the statement says. The statement also denounces “the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable.”
  • “However,” it adds, “the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude.”
  • Calling for accountability, the statement blames “several UN Member States and the UN” for pressuring de facto Palestinian Authority leader Mahmoud Abbas not to seek “recourse to the International Criminal Court (ICC).” The statement calls on “the Governmental leaders of Palestine” – presumably a reference to Abbas – to ratify the ICC treaty.
  • It also urges the UN Security Council to “exercise its responsibilities in relation to peace and justice by referring the situation in Palestine to the Prosecutor of the ICC” – an action that would require the support of veto-wielding countries such as the US, France and UK, all of which have defended Israel’s assault on Gaza. The full statement and list of signers follow.
Paul Merrell

Swedish court sets date for Julian Assange rape case hearing | Media | The Guardian - 0 views

  • Prosecutors in Sweden pursuing Julian Assange over rape allegations have rejected a demand by his lawyers to hand over new evidence and withdraw the warrant for his arrest, setting the stage in two weeks' time for the first legal battle in the case since 2012.In a sharply worded rebuttal, prosecutors stated that Assange does not have the right to see copies of the case files.Lawyers for the WikiLeaks founder requested last week that text messages sent by his accusers be passed to the defence in an attempt to break the deadlock in the rape case brought four years ago against him."There is still probable cause to believe that Julian Assange is guilty of the offences that he was arrested for, and the basis for his detention, risk of flight, is undiminished," prosecutors Marianne Ny and Ingred Isgren said in a submission to Stockholm district court.
  • The court announced on Thursday that the two sides will present their arguments on 16 July in a public hearing – the first formal legal discussion of the case since Assange sought asylum in the Ecuadorean embassy in London two years ago.
Paul Merrell

Tacoma, Wash. police use 'Stingray' system to sweep cellphone data | Al Jazeera America - 0 views

  • A Washington state police department just south of Seattle has for years been quietly using controversial surveillance equipment that can collect records of all cellphone calls, text messages and data transfers within a half-mile radius, according to local media. The Stingray surveillance system, deployed by the Tacoma Police Department since 2009, “tricks cellphones into thinking it’s a cell tower and draws in their information,” local news website The Olympian reported Wednesday. The device is reportedly capable of indiscriminate data collection, which worries civil rights advocates. The American Civil Liberties Union (ACLU) said it has identified at least 43 police departments in 18 states that use Stingray equipment. The rights group said on its website that police use of such a device may violate the U.S. Constitution's Fourth Amendment, and with taxpayers’ money.
  • "The result is that police gather the electronic serial numbers and other information about phones, as well as the direction and strength of each phone's signal, allowing precise location tracking,” the ACLU said. “Stingrays can also gather information about people's communications, such as which phone numbers they call. Because we carry our cellphones with us virtually everywhere we go, Stingrays can paint a precise picture of where we are and who we spend time with, including our location in a lover's house, in a psychologist's office or at a political protest." Tacoma Police Department’s Assistant Police Chief Kathy McAlpine said that officers only use Stingray with permission from a judge, and that they do not collect data. “It is used in felony-level crimes to locate suspects wanted for crimes such as homicide, rape, robbery, kidnapping, and narcotics trafficking,” McAlpine said. The department said the device has been used nearly 200 times since June.
  • The Tacoma City Council approved buying an updated version of the equipment in March 2013 on the grounds that it would be used to find improvised explosive devices. McAlpine said they have never used the Stingray to locate such a device. Civil rights groups said they are concerned about the possibility of indiscriminate data collection, and worry that police could store the data of innocent citizens. “They are essentially searching the homes of innocent Americans to find one phone used by one person,” said Christopher Soghoian, principal technologist with the ACLU in Washington, D.C. “It’s like they’re kicking down the doors of 50 homes and searching 50 homes because they don’t know where the bad guy is.” A similar controversy erupted in nearby Seattle last November, when  alternative news website The Stranger reported that a new apparatus capable of geo-locating and tracking the movement of any wireless device that passes it was quietly installed in a Seattle neighborhood.
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  • The U.S. Supreme Court unanimously ruled in June that warrantless searches of cellphone data were illegal in most cases. It is unclear how the ruling would apply to such a device that is capable of indiscriminate data collection, but police say it is not used for that purpose.
Paul Merrell

Germany's Spies Store 11 Billion Pieces Of Phone Metadata A Year -- And Pass On 6 Billi... - 0 views

  • Given Germany's high-profile attachment to privacy, it's always interesting to hear about ways in which its spies have been ignoring that tradition. Here, for example, is a story in the German newspaper Die Zeit about the country's foreign intelligence agency BND gathering metadata from millions of phone records every day: Zeit Online has learned from secret BND documents that five agency locations are involved in gathering huge amounts of metadata. Metadata vacuumed up across the world -- 220 million pieces of it every single day -- flows into BND branch offices in the German towns of Schöningen, Reinhausen, Bad Aibling and Gablingen. There, they are stored for between a week and six months and sorted according to still-unknown criteria. Exactly where the BND obtains the data remains unclear. The Bundestag [German parliament] committee investigating the NSA spying scandal has uncovered that the German intelligence agency intercepts communications traveling via both satellites and Internet cables. The 220 million metadata are only one part of what is amassed from these eavesdropping activities. It is certain that the metadata only come from "foreign dialed traffic," in other words, from telephone conversations and text messages that are held and sent via mobile telephony and satellites.
  • As in the US and UK, the German spies attempt to pull the "it's only metadata, so it's not surveillance" trick: Many people don't realize how much information can be derived from metadata -- and the BND is working hard to keep it that way. For example, during hearings before the Bundestag committee investigating the NSA affair, intelligence officials have consistently spoken about "routine traffic" whenever they have actually meant metadata. Given that the German word for "traffic" is the same as that for "intercourse," this has sounded more like bad sex and has aimed to obscure the fact that hidden behind it was comprehensive, groundless and massive surveillance. What's more, the officials have argued that they are permitted to vacuum up this kind of routine traffic all over the world without any restrictions and to use it as they see fit. However, Peter Schaar doesn't share this view at all. Instead, the German government's former commissioner for data protection and freedom of information believes that metadata should also be protected by the basic right of privacy of correspondence, posts and telecommunications guaranteed by Article 10 of Germany’s Basic Law.
  • This long and interesting report is important for the insight it gives us about what the BND is up to -- despite Germany's stringent laws -- as well as the news that the German intelligence service passes 500 million pieces of metadata to the NSA every month. General Michael Hayden, former director of the NSA and the CIA, famously said: "We kill people based on metadata." That means privacy-loving Germany could be implicated in some of those deaths. And there's another aspect to the story worth noting. Nowhere does Die Zeit say that this information comes from Edward Snowden. Once again, it looks as if his example is inspiring others to shine a little light on the murky world of surveillance.
Paul Merrell

ISIL, Turkey: The Dream of Restoring the Glories of Sublime Ottoman State , by Israa Al... - 0 views

  • The ISIL’s funding father is Erdogan’s personal friend The name of the Saudi businessman Yassin al-Qadi has been linked to organizations classified as terrorist internationally. In particular, the foreign press and the Turkish opposition media describe him as “al-Qaeda’s funding father”. After the events of September 11/2001, al-Qadi- along with other figures- has been included in the world’s list of terrorists, and his name was stereotyped as a terrorist man. This made several countries ban him from entering into their territories, Turkey was one of them. Earlier, the Turkish media documented a photo scandal: Erdogan’s meetings with Yassin al-Qadi as well as long meetings with his son Bilal Recep Tayyip Erdogan. The scandal that was leaked by Turkish security elements came in the context of the case of corruption of which the son of the former Turkish Prime Minister has been accused. Based upon this, a large number of elements of the security corps were arrested being accused of plotting a coup against the government.
  • Nevertheless, the French journalist Thierry Meyssan describes Yassin al-Qadi as a personal friend of both Dick Cheney (former U.S. Vice President) and Recep Tayyip Erdogan. According to him, al-Qadi visited Turkey four times during 2012, and “his plane used to land at the second airport of Istanbul, and was being welcomed by the Prime Minister personally, without going through the smart gate, and after cutting the security cameras’ power supply”. The Turkish Gmehoriet Newspaper intended to publish details about the investigations conducted by the Turkish judiciary on the same case, and mentioned that Recep Tayyip Erdogan introduced Yassine al-Qadi as a Saudi businessman visiting Turkey to invest and denied that he is a terrorist. It quoted him as saying: “I trust Mr. Al-Qadi just as I trust myself. He is an almsgiver”.
  • The Turkish newspaper, after publishing Erdogan’s utterances before the Turkish judiciary, revealed that the Turkish police monitored 12 visits made by the Saudi man to Turkey. Seven out of these visits have been made with the help of Erdogan, the period when he was banned from entering Turkey, because his name was added as one of the world wanted terrorists in the list of the American FBI. The newspaper commented saying: “When the Turkish police was looking for al-Qadi, he was holding meetings with the Prime Minister”. Also, it published a photograph that showed separately the aforesaid man, Erdogan, and the Turkish intelligence chief Hakan Fidan, when they were going to a meeting that gathered them. The newspaper noted that Fidan himself met with al-Qadi 5 times when Al-Qadi has been banned from entering the Turkish territory.
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  • Yet, the interesting thing is the leaked recordings published by the newspaper that disclose that Yassin al-Qadi used to give orders to the Erdogan’s office. He used to call to inform them that he had decided today to meet with Erdogan, and that the latter should not engage in any other obligations. The newspaper reported details about the dates of the meetings between the two men, what implies that the meetings were being attended by Fidan and by the Egyptian businessman Osama Qutob; the son of Muhammad Qutob the brother of the Brotherhood leader Sayyid Qutob who holds the Turkish citizenship and is living with his father in Turkey at present. This also mean that the meetings were taking place sometimes at the home of the Turkish businessman Mustafa Latif Topas in Istanbul, attended by Erdogan’s son and Moaz the son of al-Qadi. The recordings verify that Qutob was in charge of delivering the messages from the insurgents in the battlefield in Syria to Erdogan, what signifies that the meetings of these figures exceeded the issues of investment, and perhaps they exploited the title of a charity practice!
  • Those returning from Turkey refer to the public sympathy in the pro-government Turkish street with the ISIL. Social networking websites publish photos of Islamic libraries in Istanbul selling “T-shirts” and goods with the ISIL logo on them. Perhaps this news is no longer shocking after what the German (ARD) Television has revealed regarding the opening of an office for the ISIL in al-Fateh Street in Istanbul, being ran by Turks. Through it, the process of supporting and supplying the Takfiri organization in Iraq and Syria with funds and fighters takes place.
  • The German channel itself revealed in a video report aired by it that the ISIL has training camps on the Turkish territory: 1- The GAZIANTEP Camp: a training camp for the ISIL fighters According to the report published by the website of “Today’s Zaman”, an English-language newspaper in Turkey, the Governor of the Gaziantep (Erdal Ata) rushed to hold a press conference to deny what has been revealed by the German television. However, he spoke about the arrest of 19 elements that belong to the ISIL in the city, among those who came from European countries before committing them to trial.
  • Additionally, the Lebanese journalist Hassan Hamade, in an earlier interview with Al-Manar, drew attention to the existence of three training camps in Turkey for the fighters of extremist organizations [3]. 2- The ORFA Camp, southeastern Turkey: a camp out of which the gunmen came when they attacked the Kasab city that its residents are predominantly Armenian.
  • 3- The OSMANIYA camp in Adana, southern Turkey: It is directly near the major bases of the U.S. Air Force in the Turkish territory. Yet, what is interesting is that the Osmaniya camp is a stone’s throw away from the gas pipelines points of intersection coming from Iraq and Central Asia that empty the freight in the Turkish port of Ceyhan on the Mediterranean Sea. 4- The KARMAN camp, it is also in Adana but is much closer to Istanbul. Moreover, a document published by the French journalist Thierry Meyssan, earlier, revealed that Turkey facilitated the infiltration of 5,000 fighters, who belong to al-Qaeda, to the Syrian territory after receiving training in Libya.
  • Perhaps the report of the American TV Network clarifies the argument of the Turkish journalist Orhan Kama Genghis: “The strongholds of the ISIL are located close to the Turkish border, and this did not happen coincidentally”. The Turkish journalist Kadri Gursel talks about the fact that the Turkish border territories have turned into an easy pathway facilitating the arrival and departure of the militants, where there are no formal procedures (visas, etc…) that could bother them, referring to the cooperation of the Turkish intelligence agency with the militants. Above and beyond, the Turkish opposition Republican People’s Party MP Muharram Ingee said that the ISIL leader “Mazen Abu Mohammed” received treatment in one of the Turkish government hospitals in the city of Hatay on April 2014, publishing a photo of the terrorist man in the hospital.
  • Reviewing these data provide an early answer to the question of the Saudi writer, Nawaf Qadimi, who is known for his support for the Muslim Brotherhood, where the phenomenon of the ISIL leads us to evoke history. The Seljuks drew the policies to expand their influence and their tools were the advocates of takfir and the recruiting of fighters in the name of religion. Here is Erdogan in actual fact walking in the footsteps of the ancestors and painting policies, and the tools are the texts of takfir for which he is recruiting fighters in the name of religion itself! That is how history is enabling us to understand our present...
Paul Merrell

The Money Trail: How the US Fostered Yemen's Separatist Movement / Sputnik International - 0 views

  • As Saudi Arabia and its allies have begun the bombing campaign against Yemen, in the south, a separatist movement calling for a "State of South Arabia" is emerging. Fostered by the US, it will leave the Houthis with two hostile states at their borders and locked access to the sea, if it succeeds.
  • Welcome to phase two of US regime change operations. After Yemen's 2011 revolution failed and Houthi militias overthrew President Hadi, forces trained and sponsored by the US government are being activated as a separatist movement. The Southern People's Committees (SPC), founded around 2007 although USAID has been conducting political workshops as part of a $695,000 project and actively grooming leadership in Yemen since 2005. (Also in 2007, weekly protests began, organized by women's organizations, fostered by the workshops.) The SPC were similar to many color revolution movements such as Serbia's Otpor in that they did not have a central leadership, but rather an autonomous cell-based organization. In addition, they were very capable in the use of social media technologies, text messaging and the circumventing the government's internet censorship to organize protests.
  • Meanwhile, the Yemen Center for Human Rights Studies, which received $193,000 from the EU and US-funded Foundation for the Future in 2009, conducted a poll in January 2010, which found that 70 percent of southern Yemenis favored secession. Another USAID-funded project, the $43 million Responsive Governance Project (RGP), launched in May 2010, conducted "New Social Media training for Youth leaders to equip Yemeni youth groups in the use of media to enhance their participation in formulating public issues." The project focuses on establishing contacts with the Yemeni government and providing "leadership and civic education training to youth NGOs."
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  • At the same time, USAID funded a $3.58 million project called Promoting Youth for Civic Engagement (PYCE) to train Aden youth " in PACA [political activity training], first aid, self-defense, photography, calligraphy and various other topics," including "media skills," according to an evaluation report of the PYCE Project, conducted in 2012. The project was constrained to Aden and did not conduct workshops in the northern capital, Sanaa, after reportedly receiving threats.
  • The project is presented as a youth "sports program," and although it does include basketball, handball and chess, these were not the primary goal, as the report shows. At the same time, first aid, self-defense, photography and calligraphy (making protest signs) sound a lot more like protest tactics than sports. The program, initially planned to last for two years, did not make any progress reports after March 2012, when President Hadi assumed power. After the 2011 revolution, the SPC became more of a military outfit and took part in a fight against al-Qaeda in Yemen, which coincided with the CIA's expanded drone campaign in the area. This is also where the organization fades from public view when it comes to USAID expense reports, as the organization appeared to lose interest in developing democracy in the country. In a June 4, 2012 a field commander of the People's Committees gave an interview to the Yemen Times, in which he described the group's fight against the Ansar al-Sharia Islamists together with the government.
  • However, the group reappeared in public view on September 23 2014, two days after Houthis took control of Sanaa, and issued a statement in which they call on security forces to "undertake its historical role in providing security and maintaining people's property because it is in order to preserve the revolution, which is the most important accomplishment achieved by the Yemeni people." At the same time, in southern Yemen, the People's Committee has been very active on Facebook and Twitter since around October 2014. The Facebook and Twitter pages publish slick anti-Houthi propaganda and call for separatism and a "State of South Arabia," within the bounds of former South Yemen, and using South Yemen's flag
  • Since mid-March, the SPC have been fighting against Houthis and see Saudi Arabia as an ally of convenience, although some of their social media accounts, Saudi Arabia's King Salman and other royal family figures are glorified. However, the splitting of Yemen benefits Saudi Arabia, as it secludes the Houthis to a smaller Northern Yemen, which would be surrounded by two hostile states, with Saudi Arabia to the north and the new South Arabia to the south, which would also control access to the sea at the Gulf of Aden. The current situation has considerable parallels with Ukraine, which has led the Russian Foreign Minister Sergei Lavrov to call the situation one of "obvious double standards, but we clearly did not want neither what is happening in Ukraine, nor what is happening in Yemen."
  • Indeed, while Russia has been repeatedly accused of helping Donbas independence supporters, the US has openly fostered the south Yemen separatist movement. At the same time, while Ukraine's President Yanukovych was called illegitimate by the US after fleeing the country, Yemen's Hadi has remained "legitimate" and has even called for a Saudi Arabian military operation against the people who ousted him. The ongoing conflict in Yemen is currently at the second phase of US regime change operations, rebel conflict. The first stage, the color revolution, has failed, and now the last stop, foreign intervention and ground invasion remains. Saudi Arabia and its Gulf allies have already begun the airstrikes, and the South Arabia movement has begun its separatist campaign.
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    Looks like Obama's drone attacks in Yemen were not enough to do the job.
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    Turns out that the U.S. has been covertly rocking Yemen heavily at least since the Clinton Administration, including naval bombardment, drone strikes, cruise missiles, et cet.: Ongoing detailed compilations of U.S. covert and military actions in Yemen. (Publication dates are for first entry in compilations.) Methodology: http://www.thebureauinvestigates.com/2011/08/10/pakistan-drone-strikes-the-methodology2/ Drones Team, Yemen: reported US covert actions 2001-2011, The Bureau of Investigative Journalism (29 March 2012), http://www.thebureauinvestigates.com/2012/03/29/yemen-reported-us-covert-actions-since-2001/ (includes data through 2014). Jack Serle, Yemen: Reported US covert actions 2015, The Bureau of Investigative Journalism (26 January 2015),http://www.thebureauinvestigates.com/2015/01/26/yemen-reported-us-covert-actions-2015/
Paul Merrell

What's the big deal between Russia and the Saudis? - RT Op-Edge - 0 views

  • Amidst the wilderness of mirrors surrounding the Syrian tragedy, a diamond-shaped fact persists: Despite so many degrees of separation, the Saudis are still talking to the Russians. Why? A key reason is because a perennially paranoid House of Saud feels betrayed by their American protectors who, under the Obama administration, seem to have given up on isolating Iran.
  • From the House of Saud’s point of view, three factors are paramount. 1) A general sense of ‘red alert’ as they have been deprived from an exclusive relationship with Washington, thus becoming incapable of shaping US foreign policy in the Middle East; 2) They have been mightily impressed by Moscow’s swift counter-terrorism operation in Syria; 3) They fear like the plague the current Russia-Iran alliance if they have no means of influencing it.
  • That explains why King Salman’s advisers have pressed the point that the House of Saud has a much better chance of checking Iran on all matters - from “Syraq” to Yemen - if it forges a closer relationship with Moscow. In fact, King Salman may be visiting Putin before the end of the year.
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  • One of the untold stories of the recent Syria-driven diplomatic flurry is how Moscow has been silently working on mollifying both Saudi Arabia and Turkey behind the scenes. That was already the case when the foreign ministers of US, Russia, Turkey and Saudi Arabia met before Vienna.Vienna was crucial not only because Iran was on the table for the first time but also because of the presence of Egypt – incidentally, fresh from recent discovery of new oil reserves, and engaging in a reinforced relationship with Russia.The absolute key point was this paragraph included in Vienna’s final declaration: “This political process will be Syrian-led and Syrian-owned, and the Syrian people will decide the future of Syria.”It’s not by accident that only Russian and Iranian media chose to give the paragraph the appropriate relevance. Because this meant the actual death of the regime change obsession, much to the distress of US neocons, Erdogan and the House of Saud.
  • The main point is the death of the regime change option, brought about by Moscow. And that leaves Putin free to further project his extremely elaborate strategy. He called Erdogan on Wednesday to congratulate him on his and the AKP’s election landslide. This means that now Moscow clearly has someone to talk to in Ankara. Not only about Syria. But also about gas.Putin and Erdogan will have a crucial energy-related meeting at the G20 summit on November 15 in Turkey; and there’s an upcoming visit by Erdogan to Moscow. Bets are on that the Turk Stream agreement will be – finally – reached before the end of the year. And on northern Syria, Erdogan has been forced to admit by Russian facts on the ground and skies that his no-fly zone scheme will never fly.
  • That leaves us with the much larger problem: the House of Saud.There’s a wall of silence surrounding the number one reason for Saudi Arabia to bomb and invade Yemen, and that is to exploit Yemen’s virgin oil lands, side by side with Israel – no less. Not to mention the strategic foolishness of picking a fight with redoubtable warriors such as the Houthis, which have sowed panic amidst the pathetic, mercenary-crammed Saudi army.Riyadh, following its American reflexes, even resorted to recruiting Academi – formerly Blackwater - to round up the usual mercenary suspects as far away as Colombia.It was also suspected from the beginning, but now it's a done deal that the responsible actor for the costly Yemen military disaster is none other than Prince Mohammad bin Salman, the King’s son who, crucially, was sent by his father to meet Putin face-to-face.
  • Meanwhile, Qatar will keep crying because it was counting on Syria as a destination point for its much-coveted gas pipeline to serve European customers, or at least as a key transit hub on the way to Turkey.Iran on the other hand needed both Iraq and Syria for the rival Iran-Iraq-Syria gas pipeline because Tehran could not rely on Ankara while it was under US sanctions (this will now change, fast). The point is Iranian gas won’t replace Gazprom as a major source for the EU anytime soon. If it ever did, or course, that would be a savage blow to Russia.
  • In oil terms, Russia and the Saudis are natural allies. Saudi Arabia cannot export natural gas; Qatar can. To get their finances in order – after all even the IMF knows they are on a highway to hell - the Saudis would have to cut back around ten percent of production with OPEC, in concert with Russia; the oil price would more than double. A 10 percent cutback would make a fortune for the House of Saud.So for both Moscow and Riyadh, a deal on the oil price, to be eventually pushed towards $100 a barrel, would make total economic sense. Arguably, in both cases, it might even mean a matter of national security.But it won’t be easy. OPEC’s latest report assumes a basket of crude oil to be quoted at only $55 in 2015, and to rise by $5 a year reaching $80 only by 2020. This state of affairs does not suit either Moscow or Riyadh.
  • Meanwhile, fomenting all sorts of wild speculation, ISIS/ISIL/Daesh still manages to collect as much as $50 million a month from selling crude from oilfields it controls across “Syraq”, according to the best Iraq-based estimates.The fact that this mini-oil caliphate is able to bring in equipment and technical experts from “abroad” to keep its energy sector running beggars belief. “Abroad” in this context means essentially Turkey – engineers plus equipment for extraction, refinement, transport and energy production.One of the reasons this is happening is that the US-led Coalition of the Dodgy Opportunists (CDO) – which includes Saudi Arabia and Turkey - is actually bombing the Syrian state energy infrastructure, not the mini oil-Caliphate domains. So we have the proverbial “international actors” in the region de facto aiding ISIS/ISIL/Daesh to sell crude to smugglers for as low as $10 a barrel.Saudis – as much as Russian intel - have noted how ISIS/ISIL/Daesh is able to take over the most advanced US equipment that takes months to master, and instead integrate it into their ops at once. This implies they must have been extensively trained. The Pentagon, meanwhile, sent and will be sending top military across “Syraq” with an overarching message: if you choose Russia we won’t help you.ISIS/ISIL/Daesh, for their part, never talks about freeing Jerusalem. It’s always about Mecca and Medina.
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    Pepe Escobar brings us up to speed on big changes in the Mideast, including the decline of U.S. influence. Not mentioned, but the Saudis' feelings of desertion by the Washington Beltway and its foreplay with Russia could bring about an end to the Saudis insistence on being paid for oil in U.S. dollars, and there goes the western economy. 
Paul Merrell

US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
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.
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
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