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Paul Merrell

Hackers Stole Secrets of U.S. Government Workers' Sex Lives - The Daily Beast - 0 views

  • It was already being described as the worst hack of the U.S. government in history. And it just got much worse.A senior U.S. official has confirmed that foreign hackers compromised the intimate personal details of an untold number of government workers. Likely included in the hackers’ haul: information about workers’ sexual partners, drug and alcohol abuse, debts, gambling compulsions, marital troubles, and any criminal activity.Those details, which are now presumed to be in the hands of Chinese spies, are found in the so-called “adjudication information” that U.S. investigators compile on government employees and contractors who are applying for security clearances. The exposure suggests that the massive computer breach at the Office of Personnel Management is more significant and potentially damaging to national security than officials have previously said.
  • Three former U.S. intelligence officials told The Daily Beast that the adjudication information would effectively provide dossiers on current and former government employees, as well as contractors. It gives foreign intelligence agencies a roadmap for finding people with access to the government’s most highly classified secrets.Obama administration officials had previously acknowledged the breach of information that applicants voluntarily disclose on a routine questionnaire, called Standard Form 86, but the theft of the more detailed and wide-ranging adjudication information appears to have gone overlooked.
  • “Whoever compromised the adjudication information is going to have clear knowledge, beyond what’s in the SF86, about who the best targets for espionage are in the United States,” Michael Adams, a computer security expert who served more than two decades in the U.S. Special Operations Command, told The Daily Beast. “This is the most successful cyber attack in the history of the United States,” owing to the amount and quality of the information that was stolen, Adams said. U.S. intelligence officers spend years trying to recruit foreign spies to gather the kinds of details and insights that are contained in adjudication information, one former senior U.S. official said. This official, who requested anonymity, added that adjudication information would give foreign intelligence services “enormous leverage” over U.S. personnel whom they might forcibly interrogate for information or try to recruit.
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  • The adjudication process had a broad scope, taking into account the SF86 questionnaire, reports from background investigations, interviews with the applicant's family members and associates, his or her employment history, and for people seeking high-level clearances, the results of polygraph investigations.Seymour said such records “span an employee’s career” and could stretch back as far as 30 years. Officials have said that as many as 18 million people may have been affected by the breach. Asked specifically what information the hackers had obtained, Seymour told lawmakers that she preferred to answer later in a “classified session.” Seymour didn’t specify how many people’s information was stolen. But the OPM oversees background investigations, which comprise a key part of the adjudication process, for more than 90 percent of security clearance applicants, according to the Congressional Research Service. An OPM spokesman didn’t respond to a request for comment in time for publication.
  • A former senior U.S. intelligence official, who asked to remain anonymous, said the OPM breach would cause more damage to national security operations and personnel than the leaks by Edward Snowden about classified surveillance by the National Security Agency.“This is worse than Snowden, because at least programs that were running before the leaks could be replaced or rebuilt,” the former official said. “But OPM, that’s the gift that keeps on giving. You can’t rebuild people.”Adjudicators are in a powerful position because in deciding whether to recommend granting a security clearance, they have access to the entire scope of an applicant’s file and are told to make a subjective analysis.“The adjudication process is the careful weighing of a number of variables known as the whole-person concept,” according to official guidelines. “Available, reliable information about the person, past and present, favorable and unfavorable, should be considered in reaching a determination.”
  • By design, adjudication is an invasive process, meant to unearth risk factors including drug and alcohol abuse, extramarital affairs, a history of violence, and other events that speak to a person’s “trustworthiness” and their susceptibility to blackmail or being recruited to spy for a foreign government.For instance, “compulsive gambling is a concern, as it may lead to financial crimes including espionage,” the guidelines say. Adjudicators are told to note “a pattern of compulsive, self-destructive, or high risk sexual behavior,” “relapse after diagnosis of alcohol abuse,” and “emotionally unstable, irresponsible, dysfunctional, violent, paranoid, or bizarre behavior,” among other warning signs in 13 categories. Some of the embarrassing personal details found in some adjudications have been made public. That’s what happens after an applicant who was denied a security clearance launched an appeal.
  • Armed with such intimate details of a person’s worst moments, foreign spies would have unprecedented advantage against their U.S. adversaries. And the news is especially bad for people who hold the highest levels of clearance, which require more rigorous background checks, noted Adams, the computer security expert. “The higher up you go in your sensitivity levels, the more data that’s in your adjudication file,” he said.
Paul Merrell

US, China reach cyberespionage agreement | ITworld - 0 views

  • The U.S. and China have reached their first ever cybercrime and cyberespionage agreement, but the deal is quite general and how it will translate into actions is still unclear.Leaders of both countries announced the deal in Washington on Friday after two days of top-level talks, but both dodged questions on specific hacking incidents or the indictment last year by the U.S. of five Chinese military hackers for cybercrimes."We have agreed that neither the U.S. or the Chinese government will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information for commercial advantage," President Obama said at a White House news conference.And that appears to be the main thrust of the agreement -- government-sponsored cyberespionage for the economic gain of companies. It doesn't cover government espionage and is pretty specific in its definition but, as President Obama indicated: It's a start.
Paul Merrell

Former CIA Officer Detained in Europe While Trying to Clear Her Name in Rendition Case ... - 0 views

  • A former CIA counterterrorism officer who has spent nearly a decade trying to clear her name over her alleged role in the infamous rendition of a terrorism suspect was detained in Portugal this week after trying to leave the country.Sabrina De Sousa, 59, was en route to see her mother in India on Monday when she was stopped by law enforcement authorities at Lisbon Portela Airport on an outstanding European arrest warrant issued in Italy. Days before she was detained, VICE News had been with De Sousa in Lisbon filming a documentary about her ordeal and the rendition case. De Sousa's husband informed VICE News of her arrest, which we independently confirmed through diplomatic and law enforcement sources in Portugal, who declined to discuss the case on the record.De Sousa told VICE News Thursday that she was detained overnight at the main police headquarters in Lisbon. A hearing was held before a Portuguese prosecutor and a judge at the Tribunal da Relação de Lisboa Tuesday to determine whether she should remain in custody. De Sousa, a dual US and Portuguese citizen, said she was advised by her attorneys not to discuss details of the hearing, but that the judge freed her and seized her US and Portuguese passports while a decision is made about whether she should be extradited to Italy, which is expected in about 10 days. 
  • In a landmark 2009 ruling, De Sousa and nearly two-dozen other CIA officers were convicted in absentia in Italy on kidnapping and other charges in connection with the February 2003 abduction of Osama Mustapha Hassan Nasr, better known as Abu Omar, a radical cleric whose fiery anti-American speeches in the immediate aftermath of 9/11 attracted the attention of the CIA.
  • After Abu Omar disappeared, an investigation spearheaded by a Milan prosecutor revealed that he was taken off a Milan street in broad daylight by CIA and Italian intelligence officers and rendered to Egypt, where the cleric says he was brutally tortured during interrogations about his alleged plans for recruiting jihadists to fight against Americans.It was the first prosecution and conviction involving American intelligence officers connected to the CIA's highly controversial rendition, detention, and interrogation program. De Sousa was sentenced in absentia to a five-year prison term in Italy.But De Sousa, who had been operating under diplomatic cover at the US Consulate in Milan at the time the rendition was carried out — she was officially listed as a State Department employee — has for years maintained her innocence. On the day the operation took place, she said she was on a ski trip with her son. She acknowledged that she served as a translator for the CIA snatch team and Italian intelligence that planned the abduction, but she said she was "cut out" of the operation long before it took place.
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  • Armando Spataro, the Italian prosecutor who prosecuted De Sousa and other CIA officers, told VICE News in an interview at his office in Milan last month that De Sousa has one way to "clear her reputation: She should come and tell us everything.""I don't want to comment on her statements," he said. "I have to tell you that not only in the Abu Omar abduction but with any felony, like grand theft auto, it is not only responsible who executed but also who helped the preparation."
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    "She acknowledged that she served as a translator for the CIA snatch team and Italian intelligence that planned the abduction, but she said she was "cut out" of the operation long before it took place." If she truly said that and it was U.S. law that applied, she would have confessed to being a co-conspirator and an accomplice. Either way, just as guilty as the guys who carried out the snatch. 
Gary Edwards

Fannie And Freddie As Intergenerational Theft - 0 views

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    This morning Business Insider discussed how the size of the bailouts of Fannie Mae and Freddie Mac already dwarfs the benefits the supposedly accrued to home buyers. Over the entire course of their existence, Fannie and Freddie may have saved homeowners $100 billion in mortgage interest. The government, however, has now had to pledge $400 billion to rescue them. $60 billion of that has already been withdrawn. The Business Insider argument this morning demonstrated that the GSE's were colossal policy failures. But we were assuming then that the policy goal was something as benign as delivering tangible benefits to the American people. If you take away that assumption--that is, if you allow for the idea that the GSE's were cynical rent-seeking operations to begin with--you can see that they may actually have succeeded. If the goal of the GSE's wasn't to provide a net savings but to transfer wealth from future generations, they seem to have succeeded wildly. There was no free lunch or extra value or savings created by the implied government guarantee. Instead, the liability for the interest supposedly saved was just pushed forward in time. And now it has come due. That's right: the GSE's operated on the same basis as an exploding mortgage. Low interest at first, with a huge balloon payment at the end. And like a borrower victimized by a predatory lender, we just hadn't paid enough attention to the details to realize that this is how this deal would work out.
Paul Merrell

U.S. to China: We Hacked Your Internet Gear We Told You Not to Hack | Wired Enterprise ... - 0 views

  • The headline news is that the NSA has surreptitiously “burrowed its way into nearly all the security architecture” sold by the world’s largest computer networking companies, including everyone from U.S. mainstays Cisco and Juniper to Chinese giant Huawei. But beneath this bombshell of a story from Der Spiegel, you’ll find a rather healthy bit of irony. After all, the United States government has spent years complaining that Chinese intelligence operations could find ways of poking holes in Huawei networking gear, urging both American businesses and foreign allies to sidestep the company’s hardware. The complaints grew so loud that, at one point, Huawei indicated it may abandon the U.S. networking market all together. And, yet, Der Speigel now tells us that U.S. intelligence operations have been poking holes in Huawei networking gear — not to mention hardware sold by countless other vendors in both the States and abroad. “We read the media reports, and we’ve noted the references to Huawei and our peers,” says William Plummer, a Huawei vice president and the company’s point person in Washington, D.C. “As we have said, over and over again — and as now seems to be validated — threats to networks and data integrity can come from any and many sources.”
  • Plummer and Huawei have long complained that when the U.S. House Intelligence Committee released a report in October 2012 condemning the use of Huawei gear in telephone and data networks, it failed to provide any evidence that the Chinese government had compromised the company’s hardware. Adam Segal, a senior fellow for China Studies at the Center for Foreign Relations, makes the same point. And now we have evidence — Der Spiegel cites leaked NSA documents — that the U.S. government has compromised gear on a massive scale. “Do I see the irony? Certainly the Chinese will,” Segal says, noting that the Chinese government and the Chinese press have complained of U.S hypocrisy ever since former government contractor Edward Snowden first started to reveal NSA surveillance practices last summer. “The Chinese government has been hammering home what they call the U.S.’s ulterior motives for criticizing China, and there’s been a steady drumbeat of stories in the Chinese press about backdoors in the products of U.S. companies. They’ve been going after Cisco in particular.”
  • To be sure, the exploits discussed by Der Spiegel are a little different from the sort of attacks Congress envisioned during its long campaign against Huawei and ZTE, another Chinese manufacturer. As Segal and others note, Congress mostly complained that the Chinese government could collaborate with people inside the two companies to plant backdoors in their gear, with lawmakers pointing out that Huawei’s CEO was once an officer in China’s People’s Liberation Army, or PLA, the military arm of the country’s Communist party. Der Spiegel, by contrast, says the NSA is exploiting hardware without help from anyone inside the Ciscos and the Huaweis, focusing instead on compromising network gear with clever hacks or intercepting the hardware as it’s shipped to customers. “For the most part, the article discusses typical malware exploits used by hackers everywhere,” says JR Rivers, an engineer who has built networking hardware for Cisco as well as Google and now runs the networking startup Cumulus Networks. “It’s just pointing out that the NSA is engaged in the practice and has resources that are not available to most people.” But in the end, the two types of attack have the same result: Networking gear controlled by government spies. And over the last six months, Snowden’s revelations have indicated that the NSA is not only hacking into networks but also collaborating with large American companies in its hunt for data.
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  • Jim Lewis, a director and senior fellow with the Center for Strategic and International Studies, adds that the Chinese view state-sponsored espionage a little differently than the U.S. does. Both countries believe in espionage for national security purposes, but the Chinese argue that such spying might include the theft of commercial secrets. “The Chinese will tell you that stealing technology and business secrets is a way of building their economy, and that this is important for national security,” says Lewis, who has helped oversee meetings between the U.S. and the Chinese, including officers in the PLA. “I’ve been in the room when they’ve said that. The last time was when a PLA colonel said: ‘In the U.S., military espionage is heroic and economic espionage is a crime. In China, the line is not that clear.’” But here in the United States, we now know, the NSA may blur other lines in the name of national security. Segal says that although he, as an American, believes the U.S. government is on stronger ethical ground than the Chinese, other nations are beginning to question its motives. “The U.S has to convince other countries that our type of intelligence gathering is different,” he says. “I don’t think that the Brazils and the Indias and the Indonesias and the South Africas are convinced. That’s a big problem for us.”
  • The thing to realize, as the revelations of NSA snooping continue to pour out, is that everyone deserves scrutiny — the U.S government and its allies, as well as the Chinese and others you may be more likely to view with skepticism. “All big countries,” Lewis says, “are going to try and do this.”
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    Of course, we now know that the U.S. conducts electronic surveillance for a multitude of purposes, including economic. Check this group's notes tagged "NSA-targets" and/or "NSA-goals".
Paul Merrell

China summons US envoy over cyber-spying charges, vows retaliation - RT News - 0 views

  • China has dismissed all US accusations of industrial cyber-espionage against five of its military officials and published proof that Washington is actually stealing data from China. Beijing also summoned the US ambassador for an explanation. Beijing reacted to Washington’s recent round of industrial espionage accusations by publishing its latest data on US cyber-attacks against China.
  • China’s National Computer Network Emergency Response Technical Team Coordination Center of China (NCNERTTCC) reported that during just two months, from March 19 to May 18, the US directly controlled 1.18 million host computers in China using 2,077 Trojan horse networks or botnet servers. According to the NCNERTTCC, over the last two months 135 host computers stationed in the US conducted 14,000 phishing operations against Chinese websites using for the attacks 563 phishing pages. The other hacking activities through the same period of time included 57,000 backdoor attacks, performed from 2,016 IP addresses in the US through backdoors implanted on 1,754 Chinese websites. The Chinese Foreign Ministry summoned the American ambassador to China for an explanation, urging him to drop all charges against China’s military officers. The meeting between Chinese Assistant Foreign Minister Zheng Zeguang and US Ambassador Max Baucus took place on Monday night, reported Xinhua.
  • Depending on further developments, China “will take further action on the so-called charges by the United States,” Zheng told Baucus. “The Chinese government and military and its associated personnel have never conducted or participated in the theft of trade secrets over the internet,” Zheng reportedly told Baucus as quoted by Xinhua.
Paul Merrell

Portuguese Parliament votes for Recognition of Palestine | nsnbc international - 0 views

  • The Portuguese parliament, on Friday, voted in favor of a recognition of Palestine. The vote comes against the backdrop of the 2014 Israeli – Palestinian conflict, increased tensions and violence in Israel and Palestine, and similar votes by other European countries over the past months. “A” recognition of “a” Palestine is, however, even controversial among Palestinians.  The motion in the Portuguese parliament was filed jointly, by the governing center-right majority government and the opposition Socialist Party. Speakers for both fractions stated that the vote in favor of a recognition of the Palestinian State comes within the context of a coordinated policy within the European Union.
  • The Portuguese parliament’s vote followed similar votes in other European countries. Sweden officially recognized Palestine as sovereign and independent State, which prompted Israel to recall its ambassador from the Scandinavian country’s capital Stockholm. Legislators in both Spain and in the House of Commons in the UK passed similar resolutions. On Thursday, the Upper House of the French Parliament voted in favor of the recognition of Palestine by France. The ultimate decision, however, rests with the French government of France’s ruling Socialist Party led by President Francois Hollande. The wave of recognition of Palestine by European nations followed Israel’s unprecedented bombing of Palestine’s coastal region, the Gaza Strip.
  • The wave of recognition may also have been promoted by the fact that corporate and state-sponsored media bled viewers, listeners and readers to independent media and the fact that the marked increase in users of independent media forced mainstream media to adjust their, usually, pro-Israel biased coverage.
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  • Not all Palestinian factions agree with a two-State solution. A recognition of Palestine as it is currently envisioned by the Middle East Quartet, the EU, and the Palestinian Authority would also include controversial issues like land-swaps between Israel and Palestine, the loss of the internationally guaranteed right of return of the world’s largest refugee population against what is described as “economic compensation and special privileges in the country that grants them exile”, the usurpation of Palestinian water rights, the ongoing theft of Palestinian natural gas off the coast of the Gaza Strip, and a cohort of other controversial issues which raise skepticism about “a” recognition of Palestine without at least guaranties about tangible measures against Israel in the case of non-compliance with international law.
  • Landslide in Opinion and Recognition of Palestine by UK caused by Alternative Media?
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    Mixed feelings about this: It's a well-deserved slap in the face to Israel's apartheid government. But the two-state solution has not been viable for a long time because of the illegal Israeli settlements. The Boycott, Divestment, and Sanctions movement is aimed at a single-state solution with a secular government. That would still leave the Palestinian right of return to their stolen homes and lands, which cannot lawfully be abrogated by treaty or taking; it is an individual's human right under international law. When you read talk of Irael-Palestine land swaps as part of a negotiated peace, keep that in mind. Governments may lawfully swap boundaries but cannot swap land ownership and have it stand up in a court of international law. 
Paul Merrell

Why the Sony hack is unlikely to be the work of North Korea. | Marc's Security Ramblings - 0 views

  • Everyone seems to be eager to pin the blame for the Sony hack on North Korea. However, I think it’s unlikely. Here’s why:1. The broken English looks deliberately bad and doesn’t exhibit any of the classic comprehension mistakes you actually expect to see in “Konglish”. i.e it reads to me like an English speaker pretending to be bad at writing English. 2. The fact that the code was written on a PC with Korean locale & language actually makes it less likely to be North Korea. Not least because they don’t speak traditional “Korean” in North Korea, they speak their own dialect and traditional Korean is forbidden. This is one of the key things that has made communication with North Korean refugees difficult. I would find the presence of Chinese far more plausible.
  • 3. It’s clear from the hard-coded paths and passwords in the malware that whoever wrote it had extensive knowledge of Sony’s internal architecture and access to key passwords. While it’s plausible that an attacker could have built up this knowledge over time and then used it to make the malware, Occam’s razor suggests the simpler explanation of an insider. It also fits with the pure revenge tact that this started out as. 4. Whoever did this is in it for revenge. The info and access they had could have easily been used to cash out, yet, instead, they are making every effort to burn Sony down. Just think what they could have done with passwords to all of Sony’s financial accounts? With the competitive intelligence in their business documents? From simple theft, to the sale of intellectual property, or even extortion – the attackers had many ways to become rich. Yet, instead, they chose to dump the data, rendering it useless. Likewise, I find it hard to believe that a “Nation State” which lives by propaganda would be so willing to just throw away such an unprecedented level of access to the beating heart of Hollywood itself.
  • 5. The attackers only latched onto “The Interview” after the media did – the film was never mentioned by GOP right at the start of their campaign. It was only after a few people started speculating in the media that this and the communication from DPRK “might be linked” that suddenly it became linked. I think the attackers both saw this as an opportunity for “lulz” and as a way to misdirect everyone into thinking it was a nation state. After all, if everyone believes it’s a nation state, then the criminal investigation will likely die.
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  • 6. Whoever is doing this is VERY net and social media savvy. That, and the sophistication of the operation, do not match with the profile of DPRK up until now. Grugq did an excellent analysis of this aspect his findings are here – http://0paste.com/6875#md 7. Finally, blaming North Korea is the easy way out for a number of folks, including the security vendors and Sony management who are under the microscope for this. Let’s face it – most of today’s so-called “cutting edge” security defenses are either so specific, or so brittle, that they really don’t offer much meaningful protection against a sophisticated attacker or group of attackers.
  • 8. It probably also suits a number of political agendas to have something that justifies sabre-rattling at North Korea, which is why I’m not that surprised to see politicians starting to point their fingers at the DPRK also. 9. It’s clear from the leaked data that Sony has a culture which doesn’t take security very seriously. From plaintext password files, to using “password” as the password in business critical certificates, through to just the shear volume of aging unclassified yet highly sensitive data left out in the open. This isn’t a simple slip-up or a “weak link in the chain” – this is a serious organization-wide failure to implement anything like a reasonable security architecture.
  • The reality is, as things stand, Sony has little choice but to burn everything down and start again. Every password, every key, every certificate is tainted now and that’s a terrifying place for an organization to find itself. This hack should be used as the definitive lesson in why security matters and just how bad things can get if you don’t take it seriously. 10. Who do I think is behind this? My money is on a disgruntled (possibly ex) employee of Sony.
  • EDIT: This appears (at least in part) to be substantiated by a conversation the Verge had with one of the alleged hackers – http://www.theverge.com/2014/11/25/7281097/sony-pictures-hackers-say-they-want-equality-worked-with-staff-to-break-in Finally for an EXCELLENT blow by blow analysis of the breach and the events that followed, read the following post by my friends from Risk Based Security – https://www.riskbasedsecurity.com/2014/12/a-breakdown-and-analysis-of-the-december-2014-sony-hack EDIT: Also make sure you read my good friend Krypt3ia’s post on the hack – http://krypt3ia.wordpress.com/2014/12/18/sony-hack-winners-and-losers/
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    Seems that the FBI overlooked a few clues before it told Obama to go ahead and declare war against North Korea. 
Paul Merrell

Missing Libyan Jetliners Raise Fears of Suicide Airliner Attacks on 9/11 | Washington F... - 0 views

  • Islamist militias in Libya took control of nearly a dozen commercial jetliners last month, and western intelligence agencies recently issued a warning that the jets could be used in terrorist attacks across North Africa. Intelligence reports of the stolen jetliners were distributed within the U.S. government over the past two weeks and included a warning that one or more of the aircraft could be used in an attack later this month on the date marking the anniversary of the Sept. 11, 2001, terrorist attacks against New York and Washington, said U.S. officials familiar with the reports. “There are a number of commercial airliners in Libya that are missing,” said one official. “We found out on September 11 what can happen with hijacked planes.”
  • A senior State Department counterterrorism official declined to comment on reports of the stolen jetliners.  A second State department official sought to downplay the reports. “We can’t confirm that,” he said.
  • The officials said U.S. intelligence agencies have not confirmed the aircraft theft following the takeover of Tripoli International Airport in late August, and are attempting to locate all aircraft owned by two Libyan state-owned airline companies, as security in the country continued to deteriorate amid fighting between Islamists and anti-Islamist militias.
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  • The aircraft were reportedly taken in late August following the takeover of Tripoli International Airport, located about 20 miles south of the capital, by Libyan Dawn. Al Jazeera television reported in late August that western intelligence reports had warned of terror threats to the region from 11 stolen commercial jets. In response, Tunisia stopped flights from other Libyan airports at Tripoli, Sirte, and Misrata over concerns that jets from those airports could be on suicide missions.
  • Ansar al Sharia, which is based in Benghazi, recently publicized on social media that it has obtained large numbers of more sophisticated weapons, including SA-6 surface-to-air missiles, anti-aircraft guns, rocket-propelled grenades, shoulder-fired anti-aircraft missiles, assault rifles, and armored vehicles. The group is closely aligned with al Qaeda-linked rebels in Syria.
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    "We found out on September 11 what can happen with hijacked planes." Wrong. Make that, "We found out on September 11 what can happen with controlled demolition." Please notice that no one in U.S. government will confirm that the aircraft were actually taken or ever existed. Just in time for the anniversary of 9/11 and Congress convening to consider new authorizations for use of military force anytime and anywhere he pleases.  Stamp this one as "War Party propaganda until proved otherwise."
Paul Merrell

Israel continues withholding Palestinian Tax Revenue | nsnbc international - 0 views

  • The Cabinet of Israeli Prime Minister Benjamin Netanyahu decided to continue withholding tax revenue which Israel has been collecting on behalf of the Palestinian Authority in accordance with the 1993 Oslo Accords, report Israeli media.
  • The Israeli government began withholding Palestinian tax revenues in December, in response to Palestine’s accession to over 20 international treaties, including the Rome Statute. UN Secretary-General Ban Kyi-moon announced that Palestine would become a member of the International Criminal Court (ICC) under the Rome Statutes on April 1, 2015. The Netanyahu administration denounced Palestine’s accession to the Rome Statute and Palestinian ICC membership as “a unilateral move in violation of the Oslo Accords”, while the Palestinian Authority is denouncing Israel for systematic violations of the Accords since 1993.
  • The PLO and Palestinian Authority decided to sign over 20 international treaties in response to the rejection of a Jordanian-sponsored, Palestinian UN Security Council Resolution that called for a full withdrawal of Israel from the occupied Palestinian territories in 2017. The Palestinian Authority urgently depends on the tax revenue to pay the wages of over 170,000 public employees. Palestinian Prime Minister Rami Hamdallah urged the public employees to be patient and promised that the Palestinian Authority is working to resolve the issue and enable at least the partial payment of the salaries. In early January the Secretary-General of the Palestinian National Initiative, Dr. Mustafa Barghouti, denounced the Israeli reprisal as theft and an act of piracy.
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    The withholding of the tax payments is indeed a violation of international law, a war crime under the Fourth Geneva Convention, which requires inter alia an occupying power to preserve the existing civilian government to the maximum extent consistent with military requirements. Of course the continuing occupation itself is a war crime under the same Convention. Israel siezed the Palestinian territories in its illegal war of aggression in 1967. Under the Fourth Geneva Convention, Israel was requried to withdraw its military forces immediately upon the cessation of hostilities. It has been only the U.S. heavy foreign and military aid and exercise of its veto power and  at the U.N. Security Council that has permitted this atrocity to continue. 
Paul Merrell

Ukraine's Strategic Food Reserve...Runs Out Of Food - Fort Russ - 0 views

  • Ukrainian food prices are rising at a rate faster than in the ‘90s. But the Yatsenyuk government is still blaming the situation on the ignorance of the population and speculation by supermarket chains.
  • They used to blame currency exchangers, now they are blaming supermarket directors. However, you can’t feed the people with such tales.
  • The government’s “economy block” hastily summoned the director of the Ukrainian State Reserve Vladimir Zhukov. They demanded that he open the storehouses and fill the shelves with flour, sugar, canned meat, and buckwheat from its stores. In response the keeper of Motherland’s strategic stores revealed a terrible military secret to Yatsenyuk and Poroshenko: the storehouses are empty.
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  • The last time the strategic reserve was cleaned out so thoroughly was during the Chernobyl disaster, when the reserve sent steel plates, diesel fuel, gas masks and protective equipment, medicine and food. Moreover, most of the goods were sent from Donetsk. The other storehouses, for example, in Kharkov, store four, or petroleum and diesel fuel, as in Chernigov region. However, all gasoline and kerosene from the state reserve was used up already six months ago.
  • In addition, once combat operations resumed the State Reserve sent to the front everything that it could: steel plates, spare parts, tents, heaters, mattresses. All of that was stored by the “Yanukovych band”, but the strategic reserve came in handy for the new government.
  • It could hardly have been news to the Prime Minister: already in January he ordered to open up the State Reserve, including its stores of medicines. However, already by then the medical stores amounted to only portable first aid kits and medicinal preparations and expired (dating back to the 1960s) bandages, cotton, hypodermics, which even African countries refused to accept even though Ukraine was giving them away for free.
  • Medicines were cleared out in January, supposedly as humanitarian aid to Donbass.
  • Now it’s the turn of food stores, in order to calm down the rioting Kievans and prevent hunger rebellions. But, alas. Last year’s entire harvest was sold abroad, the acreage for new sowing season was reduced by 30%. The storehouses are the only remaining hope.
  • For example, there is a large food storehouse on the outskirts of Kiev, which contains frozen mean, butter, canned meat, sugar. Incidentally, this storehouse has existed since before WW2, it was the first Kiev target struck by the Luftwaffe in order to destroy the strategic food stores.
  • The Ukrainian government did not need airstrikes: the food reserve is empty only one year after it took power, as a result of several changes among the management of the reserve, and the theft and sale of its contents. The proceeds, of course, were already split. No doubt even the top leadership of the country got its cut.
  • As a reminder, the former Prime Minister Azarov filled the Strategic Reserve with Chinese buckwheat, which earned him considerable criticism. One of the former managers of the agency, a Party of Regions official by the name of Lelyuk, carried out reforms, refurbished obsolescent factories, and filled the storehouses with flour, evaporated milk, canned meat and fish, sugar, and gasoline.
  • Now that the “H-Hour” is here, it turns out it's all gone: all the food has “gone to the front”, since the army is also being supplied partly by the State Reserve, since MOD and State Reserve storehouses have been merged.
  • Having learned of the empty shelves not only in the stores but also in the State Reserve, Poroshenko reportedly went into shock. He fumed and demanded the management to find something and throw a few crumbs to the Kievans.
  • Yatsenyuk maintained icy composure: he was better informed about the state of affairs, since the State Reserve is under his “patronage” as it is part of the Cabinet of Ministers.
  • It would seem Ukraine’s Black Hour is here.
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    Concurrently, the areas under the coup government have been hit by hyper-inflation. Food prices have climbed so high that an estimated 20 per cent of the population can no longer afford to eat nutritious meals. Way to go, CIA.
Paul Merrell

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

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

ITAR-TASS: World - Foreign Ministry outraged by Russian citizen's detention by US secre... - 0 views

  • Russia considers the detention of the Russian citizen Roman Seleznyov by US secret services as Washington's unfriendly step, the Russian Foreign Ministry said on Tuesday. “As it became known, July 5, Russian citizen Roman Seleznyov was detained in the international airport of the city of Male, the capital of Maldives,” the ministry recalled. “On the same day, he was forced by agents of American secret service into a private jet and delivered to Guam Island. This fact has been already confirmed by the US Department of Homeland Security.” “We consider the incident as another Washington’s unfriendly step,” the Russian Ministry of Foreign Affairs stressed.
  • “It is not the first time that the US kidnaps a Russian citizen ignoring the 1999 mutual legal assistance agreement,” the ministry said. “In particular, the same occurred with Viktor Bout and Konstantin Yaroshenko, who were brought by force in the USA from third countries and convicted on questionable charges.” “Noteworthy that we are not informed about the claims lodged against our compatriots, furthermore, as in Seleznyov’s case, they don’t even inform Russia’s diplomatic agencies about their detention,” the ministry emphasized.
  • State Duma member representing the Liberal Democratic Party (LDPR)  Valery Seleznyov has confirmed his son Roman had been detained by US secret service in the Maldives. “I am now in negotiations with the Russian Foreign Ministry. Kidnapping is a crime,” he told ITAR-TASS on Tuesday. “The country must protect its citizens, and Roman should go back to Russia.” Earlier on Tuesday, Valery Seleznyov dubbed a provocation media reports saying that his son Roman was allegedly arrested in the USA on suspicion of a cyber attack, data theft and computer-related fraud.
Paul Merrell

A New Recession and a New World Devoid of Washington's Arrogance? - 0 views

  • June 25, 2014. A final number for real US GDP growth in the first quarter of 2014 was released today. The number is not the 2.6% growth rate predicted by the know-nothing economists in January of this year. The number is a decline in GDP of -2.9 percent. The negative growth rate of -2.9 percent is itself an understatement. This number was achieved by deflating nominal GDP with an understated measure of inflation. During the Clinton regime, the Boskin Commission rigged the inflation measure in order to cheat Social Security recipients out of their cost-of-living adjustments. Anyone who purchases food, fuel, or anything knows that inflation is much higher than the officially reported number. It is possible that the drop in first quarter real GDP is three times the official number. Regardless, the difference is large between the January forecast of +2.6 percent growth and the decline as of the end of March of -2.9 percent.
  • Any economist who is real and unpaid by Wall Street, the government, or the Establishment knew that the +2.6 percent forecast was a crock. Americans’ incomes have not grown except for the one percent, and the only credit growth is in student loans, as those many who cannot find jobs mistakenly turn to “education is the answer.” In an economy based on consumer demand, the absence of income and credit growth means no economic growth. The US economy cannot grow because corporations pushed by Wall Street have moved the US economy offshore. US manufactured products are made offshore. Look at the labels on your clothes, your shoes, your eating and cooking utensils, your computers, whatever. US professional jobs such as software engineering have been moved offshore. An economy with an offshored economy is not an economy. All of this happened in full view, while well-paid free market shills declared that Americans were benefiting from giving America’s middle class jobs to China and India.
  • An official decline of -2.9 percent in the first quarter implies a second quarter GDP decline. Two declines in a row is the definition of recession. Imagine the consequences of a recession. It means that years of unprecedented Quantitative Easing failed to revive the economy. It means that years of Keynesian fiscal deficits failed to revive the economy. Neither fiscal nor monetary policy worked. What then can revive the economy? Nothing except to force the return of the economy that the anti-American corporations moved offshore. This would require credible government. Unfortunately, the US government has been losing credibility since the second term of the Clinton regime. It has none left.
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  • Washington’s lies are catching up with Obama. German chancellor Merkel is Washington’s complete whore, but German industry is telling Washington’s whore that they value their business with Russia more than they value suffering in behalf of Washington’s empire. French businessmen are asking Hollande what he proposes to do with their unemployed workers if Holland goes along with Washington. Italian businesses are reminding that government, to the extent that Italy has one, that uncouth Americans have no tastes and that sanctions on Russia mean a hit to Italy’s most famous and best recognized economic sector–high style luxury products. Dissent with Washington and Washington’s two-bit puppet rulers in Europe is spreading. The latest poll in Germany reveals that three-quarters of Germany’s population rejectpermanent NATO bases in Poland and the Baltic states. The former Czechoslovakia, currently Slovakia and the Czech Republic, although NATO members, have rejected NATO and American troops and bases on their territory. Recently, the Polish foreign minister said that pleasing Washington required giving free oral sex for nothing in return.
  • Thus, America’s two largest business organizations, important sources of political campaign contributions, have finally added their voice to the voices of German, French, and Italian business. Everyone, except the brainwashed American public, knows that the “crisis in Ukraine” is entirely the work of Washington. European and American businesses are asking: “why should our profits and our workers take hits in behalf of Washington’s propaganda against Russia.” Obama has no answer. Perhaps his neocon scum, Victoria Nuland, Samantha Powers, and Susan Rice can come up with an answer. Obama can look to the New York Times, Washington Post, Wall Street Journal, and Weekly Standard to explain why millions of Americans and Europeans should suffer in order that Washington’s theft of Ukraine is not endangered.
  • Today no one anywhere in the world believes the US government except the brain dead Americans who read and listen to the “mainstream media.” Washington’s propaganda dominates the minds of Americans, but produces laughter and scorn everywhere else. The poor US economic outlook has brought America’s two largest business lobbies–the US Chamber of Commerce and the National Association of Manufacturers (or what is left of them) into conflict with the Obama regime’s threat of further sanctions against Russia. According to Bloomberg News, beginning tomorrow (June 26), the business groups will run advertisements in the New York Times, Wall St Journal, and Washington Post opposing any further sanctions on Russia. The US business organizations say that the sanctions will harm their profits and result in layoffs of American workers.
  • The strains that Washington’s morons are putting on NATO might break the organization apart. Pray that it does. NATO’s excuse for existence disappeared with the Soviet collapse 23 years ago. Yet, Washington has increased NATO far beyond the borders of the North Atlantic Treaty Organization. NATO now runs from the Baltics to Central Asia. In order to have a reason for NATO’s continued expensive operation, Washington has had to construct an enemy out of Russia. Russia has no intention of being Washington’s or NATO’s enemy and has made that perfectly clear. But Washington’s military/security complex, which absorbs about $1 trillion annually of US hard-pressed taxpayers’ money, needs an excuse to keep the profits flowing. Unfortunately the Washington morons picked a dangerous enemy. Russia is a nuclear armed power, a country of vast dimensions, and with a strategic alliance with China.
  • Only a government drowning in arrogance and hubris or a government run by psychopaths and sociopaths would pick such an enemy. Russia’s President Vladimir Putin has pointed out to Europe that Washington’s policies in the Middle East and Libya are not merely total failures but also devastatingly harmful to Europe and Russia. The fools in Washington have removed the governments that suppressed the jihadists. Now the violent jihadists are unleashed. In the Middle East the jihadists are at work remaking the artificial boundaries set by the British and French in the aftermath of World War I. Europe, Russia and China have Muslim populations and now must worry if the violence that Washington has unleashed will bring destabilization to regions of Europe, Russia and China.
  • No one anywhere in the world has any reason to love Washington. Least of all Americans, who are being bled dry in order that Washington can parade military force around the world. Obama’s approval rating is a dismal 41 percent and no one wants Obama to remain in office once his second term is complete. In contrast, two-thirds of the Russian population want Putin to remain president after 2018. In March the poling agency, Public Opinion Research Center, released a report that Putin’s approval rating stood at 76 percent despite the agitation against him by the US financed Russian NGOs, hundreds of fifth column institutions that Washington established in Russia during the past two decades. On top of US political troubles, the US dollar is in trouble. The dollar is kept afloat by rigged financial markets and Washington’s pressure on its vassal states to support the dollar’s value by printing their own currencies and purchasing dollars. In order to keep the dollar afloat, much of the world will be inflated. When people finally catch on and rush into gold, the Chinese will have it all.
  • Sergey Glazyev, an adviser to President Putin, has told the Russian president than only an anti-dollar alliance that crashes the US dollar can halt Washington’s aggression. That has long been my opinion. There can be no peace as long as Washington can print more money with which to finance more wars. As the Chinese government stated, it is time to “de-Americanize the world.” Washington’s leadership has totally failed the world, producing nothing but lies, violence, death, and the promise of more violence. America is exceptional only in the fact that Washington has, without remorse, destroyed in whole or part seven countries in the new 21st century. Unless Washington is replaced with more humane leadership, life on earth has no future.
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    Paul Craig Roberts wields a pen striking at the very heart of what ails American government.
Paul Merrell

US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit ... - 0 views

  • Concluding Thoughts
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
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  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
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    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
Paul Merrell

Launching in 2015: A Certificate Authority to Encrypt the Entire Web | Electronic Front... - 0 views

  • Today EFF is pleased to announce Let’s Encrypt, a new certificate authority (CA) initiative that we have put together with Mozilla, Cisco, Akamai, IdenTrust, and researchers at the University of Michigan that aims to clear the remaining roadblocks to transition the Web from HTTP to HTTPS.Although the HTTP protocol has been hugely successful, it is inherently insecure. Whenever you use an HTTP website, you are always vulnerable to problems, including account hijacking and identity theft; surveillance and tracking by governments, companies, and both in concert; injection of malicious scripts into pages; and censorship that targets specific keywords or specific pages on sites. The HTTPS protocol, though it is not yet flawless, is a vast improvement on all of these fronts, and we need to move to a future where every website is HTTPS by default.With a launch scheduled for summer 2015, the Let’s Encrypt CA will automatically issue and manage free certificates for any website that needs them. Switching a webserver from HTTP to HTTPS with this CA will be as easy as issuing one command, or clicking one button.
  • The biggest obstacle to HTTPS deployment has been the complexity, bureaucracy, and cost of the certificates that HTTPS requires. We’re all familiar with the warnings and error messages produced by misconfigured certificates. These warnings are a hint that HTTPS (and other uses of TLS/SSL) is dependent on a horrifyingly complex and often structurally dysfunctional bureaucracy for authentication.
  • The need to obtain, install, and manage certificates from that bureaucracy is the largest reason that sites keep using HTTP instead of HTTPS. In our tests, it typically takes a web developer 1-3 hours to enable encryption for the first time. The Let’s Encrypt project is aiming to fix that by reducing setup time to 20-30 seconds. You can help test and hack on the developer preview of our Let's Encrypt agent software or watch a video of it in action here:
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  • Let’s Encrypt will employ a number of new technologies to manage secure automated verification of domains and issuance of certificates. We will use a protocol we’re developing called ACME between web servers and the CA, which includes support for new and stronger forms of domain validation. We will also employ Internet-wide datasets of certificates, such as EFF’s own Decentralized SSL Observatory, the University of Michigan’s scans.io, and Google's Certificate Transparency logs, to make higher-security decisions about when a certificate is safe to issue.The Let’s Encrypt CA will be operated by a new non-profit organization called the Internet Security Research Group (ISRG). EFF helped to put together this initiative with Mozilla and the University of Michigan, and it has been joined for launch by partners including Cisco, Akamai, and Identrust.
Paul Merrell

Mahdi Darius Nazemroaya - Turkish-ISIL Oil Trade: Iraq, Iran, Syria, and Russia All Acc... - 0 views

  • Because of the Turkish government’s role in the multi-spectrum US-led war against the Syrian Arab Republic, a war of words has ignited between Ankara and Moscow. Russia, however, is not alone in accusing Turkey of being involved in the theft of Syrian and Iraqi oil. Turkish opposition politicians, Turkish media, and various governments in the Middle East have also raised their voices about the role of Turkish officials in smuggling from the conflict zones in Syria and Iraq.
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    This is the first of a must-read, in-depth, four-part series of articles on the ISIL/Kurd oil smuggling from Syria and Iraq via Turkey to world markets. The series details the involvement of western banksters (including Goldman Sachs) in setting up the capitalization of a new company created to plunder the natural resources of Iraq, Syria, and other nations targeted by the U.S. for destabilization. The second article, Turkish-ISIL Oil Trade: Did the Turkish Military Enter Mosul to Protect its Oil Trade? (II), is here. http://www.strategic-culture.org/news/2015/12/18/turkish-isil-oil-trade-did-turkish-military-enter-mosul-protect-oil-trade-ii.html The third article, Turkish-ISIL Oil Trade: The Roles of the Kurdistan Regional Government, Britain, and Israel (III), is here. http://www.strategic-culture.org/news/2015/12/19/turkish-isil-oil-trade-did-turkish-military-enter-mosul-protect-oil-trade-iii.html The final article, Turkish-ISIL Oil Trade: US and NATO Culpability (IV), is here. http://www.strategic-culture.org/news/2015/12/20/turkish-isil-oil-trade-us-and-nato-culpability-iv.html   
Paul Merrell

Palestinians sue billionaire Sheldon Adelson for Israeli war crimes | The Electronic In... - 0 views

  • A group of Palestinians and Palestinian Americans are seeking $34.5 billion dollars in damages from wealthy individuals and companies they accuse of financing and profiting from Israel’s settlements in the occupied West Bank and other abuses of their rights. The plaintiffs include Palestinians who have lost family members in Israeli attacks in the West Bank and Gaza Strip. Their lawsuit is the latest effort to expose and curb the role of organizations that operate as tax-exempt US charities in fueling violence and settlement expansion on occupied Palestinian land. It names as defendants US tycoons Sheldon Adelson, Haim Saban, Irving Moskowitz and Oracle founder Lawrence Ellison.
  • Adelson is renowned for using his huge casino fortune to advance his pro-Israel political agenda and is a major financial backer of both Israeli Prime Minister Benjamin Netanyahu and the US Republican Party. Saban has donated millions of dollars to US Democratic Party presidential hopeful Hillary Clinton. Moskowitz is one of the main financiers of settler efforts to force Palestinians out of their homes in occupied East Jerusalem. The lawsuit also names Israeli diamond magnate and settlement builder Lev Leviev and Christians United for Israel founder, the US Evangelical pastor John Hagee. Twelve US-based charities and a number of Israeli and US corporations are also named as defendants. The charities include Friends of the Israel Defense Forces, The Hebron Fund and Christian Friends of Israeli Communities.
  • The plaintiffs, represented by the law firm Martin McMahon and Associates, allege that the defendants are directly responsible for violence and for the expansion of settlements. The lawsuit, filed in a Washington, DC, federal court on Monday, alleges a wide range of crimes under US and international law, including genocide, war crimes and crimes against humanity, conspiracy, money laundering, racketeering, perjury and pillage. It alleges that charitable donations are sent to the Israeli army, a violation of US laws against funding a foreign military. Last December, some of the same plaintiffs using the same law firm sued the US Treasury for allowing billions of dollars of tax-exempt donations to flow to Israeli settlements. This lawsuit targets those who are supplying the money. Several are powerful billionaires who the lawsuit contends have defrauded the US tax authorities by funnelling huge sums of money meant for illegal purposes through tax-exempt organizations. According to the lawsuit, approximately $1 billion is sent through these organizations each year, with $104 million going to the Israeli army in 2014.
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  • The lawsuit alleges that the defendants donate money to tax-exempt organizations knowing that it will be used for criminal activity, such as funding the theft and destruction of private property and financing racially discriminatory practices such as Jewish-only towns and highways.
  • But this lawsuit reaches even more broadly than charities that fund political agendas abroad. Seventeen international corporations are named as beneficiaries of the unlawful activities of the tax-exempt entities and donors. The lawsuit calls this money loop a civil conspiracy to defraud the US government. “The settlement enterprise is a very successful industry,” the law firm states in a press release. The US-based real estate firm RE/MAX has grossed $9.5 billion for selling 26,000 new homes in the occupied West Bank, according to the lawsuit. Other corporations named are G4S, Hewlett Packard, Motorola and Volvo. Israeli banks that process international wire transfers for other defendants are also accused in the conspiracy. By targeting both the funders and the profiteers, the lawsuit aims to capture the criminal economic cycle that has helped make Israel’s occupation sustainable for everyone but Palestinians.
  • Separate from the civil conspiracy charges, the lawsuit also accuses Ahava–Dead Sea Laboratories, Israel Chemicals and Nordstrom department stores of the war crime of pillage. Nordstrom sells Ahava cosmetics made with Dead Sea minerals taken from the occupied West Bank.
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    Somewhat ironic that the path to prosecution in the U.S. for damage awards against foreign governments as "sponsors of terrorism" by the Israeli Mossad front, Shurat Hadin is now being used to go after those in the U.S. who fund Israeli terrorism against Palestinians.  More coverage here: http://www.aljazeera.com/news/2016/03/palestinians-sue-pro-israel-tycoons-345bn-160307191923877.html
Paul Merrell

US Tax Dollars up in Smoke Over Afghanistan - WhoWhatWhy - 0 views

  • Want to meet a government official who tells the truth — in spades? Then you will definitely want to set aside time to hear of the stunning findings of the top US investigator for spending in Afghanistan.The biggest problem is not theft, but waste, he says. For example, the $500 million spent on airplanes that no one could fly, and that ultimately had to be scrapped, a process that cost yet more thousands of dollars. Or the gift of soybeans, which the Afghans will not eat and will not grow. Or how about the creation of a navy for Afghanistan — a country that is landlocked?The biggest source of the problem is the lack of accountability, he says. But that is changing.
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    Interesting podcast interview with the special inspector general for waste in Aftghanistan. Did you know that we paid for a navy for landlocked Afghanistan? Or that $500 billion worth of aircraft sent for use by  fghanistan were never flown because they were not airworthy? This short podcast is definitely worth listening to, even if you are a supporter of government waste.
Paul Merrell

Homan Square revealed: how Chicago police 'disappeared' 7,000 people | US news | The Gu... - 0 views

  • Police “disappeared” more than 7,000 people at an off-the-books interrogation warehouse in Chicago, nearly twice as many detentions as previously disclosed, the Guardian can now reveal.
  • From August 2004 to June 2015, nearly 6,000 of those held at the facility were black, which represents more than twice the proportion of the city’s population. But only 68 of those held were allowed access to attorneys or a public notice of their whereabouts, internal police records show. The new disclosures, the result of an ongoing Guardian transparency lawsuit and investigation, provide the most detailed, full-scale portrait yet of the truth about Homan Square, a secretive facility that Chicago police have described as little more than a low-level narcotics crime outpost where the mayor has said police “follow all the rules”. The police portrayals contrast sharply with those of Homan Square detainees and their lawyers, who insist that “if this could happen to someone, it could happen to anyone”. A 30-year-old man named Jose, for example, was one of the few detainees with an attorney present when he surrendered to police. He said officers at the warehouse questioned him even after his lawyer specifically told them he would not speak.
  • “The Fillmore and Homan boys,” Jose said, referring to police and the facility’s cross streets, “don’t play by the rules.” According to an analysis of data disclosed to the Guardian in late September, police allowed lawyers access to Homan Square for only 0.94% of the 7,185 arrests logged over nearly 11 years. That percentage aligns with Chicago police’s broader practice of providing minimal access to attorneys during the crucial early interrogation stage, when an arrestee’s constitutional rights against self-incrimination are most vulnerable. But Homan Square is unlike Chicago police precinct houses, according to lawyers who described a “find-your-client game” and experts who reviewed data from the latest tranche of arrestee records obtained by the Guardian.
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  • The narcotics, vice and anti-gang units operating out of Homan Square, on Chicago’s west side, take arrestees to the nondescript warehouse from all over the city: police data obtained by the Guardian and mapped against the city grid show that 53% of disclosed arrestees come from more than 2.5 miles away from the warehouse. No contemporaneous public record of someone’s presence at Homan Square is known to exist. Nor are any booking records generated at Homan Square, as confirmed by a sworn deposition of a police researcher in late September, further preventing relatives or attorneys from finding someone taken there.
  • But those documents do not tell the entire story of Homan Square. Chicago police have not disclosed any figures at all on people who were detained at Homan Square but never ultimately charged. Nor has it released any information about detentions or arrests before September 2004, claiming that information is burdensome to produce because it is not digital. (Chicago purchased the warehouse in 1995.) “It’s hard to believe that 7,185 arrests is an accurate number of arrestees at Homan Square,” said the University of Chicago’s Futterman. “Even if it were true that less than 1% of Homan arrestees were given access to counsel, that would be abhorrent in and of itself.”
  • 11.8% of detainees in the Homan Square logs were Hispanic, compared with 28.9% of the population. 5.5% of the detainees were white, compared with 31.7% of the population. Of the 68 people who Chicago police claim had access to counsel at Homan Square, however, 45% were black, 26% were Hispanic and another 26% were white.
  • Twenty-two people have told the Guardian that Chicago police kept them at Homan Square for hours and even days. They describe pressure from officers to become informants, and all but two – both white – have said the police denied them phone calls to alert relatives or attorneys of their whereabouts. Their accounts point to violations of police directives, which say police must “complete the booking process” regardless of their interest in interrogating a suspect and must also “allow the arrestee to make a reasonable number of telephone calls to an attorney, family member or friend”, usually within “the first hour” of detention. The most recent disclosure of Homan Square data provides the scale behind those accounts: the demographic trends within the 7,185 disclosed arrests at the warehouse are now far more vast than what the Guardian reported in August after launching the transparency lawsuit – but are consistently disproportionate in terms of race and constitutional access to legal counsel. 82.2% of people detained at Homan Square were black, compared with 32.9% of the Chicago population.
  • Despite the lack of booking and minimal attorney access at Homan Square, it is not a facility for detaining and interrogating the most violent of Chicago’s criminals. Drug possession charges were eventually levied in 5,386 of the disclosed Homan Square arrests, or 74.9%; heroin accounted for 35.4% of those, with marijuana next at 22.3%. The facility’s use by police has intensified in recent years. Nearly 65% of documented Homan Square arrests since August 2004 took place in the five years since Rahm Emanuel, formerly Barack Obama’s top aide, became mayor. (The Guardian has filed a Foia request with Emanuel’s office to disclose the extent of its involvement in Homan Square.) The 68 documented attorney visits are actually slightly higher, statistically speaking, than the extremely minimal legal access Chicago police provide suspects in custody during the initial stages of their arrest. The 2014 citywide total at declared police stations, according to First Defense Legal Aid, was 0.3%. On face value, the lawyer visit rate at Homan Square, according to the newly disclosed documents, was 0.9% over nearly 11 years.
  • Chicago attorneys say they are not routinely turned away from police precinct houses, as they are at Homan Square. The warehouse is also unique in not generating public records of someone’s detention there, permitting police to effectively hide detainees from their attorneys. “Try finding a phone number for Homan to see if anyone’s there. You can’t, ever,” said Gaeger. “If you’re laboring under the assumption that your client’s at Homan, there really isn’t much you can do as a lawyer. You’re shut out. It’s guarded like a military installation.”
  • “Often,” Futterman continued, “prisoners aren’t entered into the central booking system until they’re being processed – which doesn’t occur at Homan Square. They’re supposed to begin that processing right away, under CPD procedures, and at Homan Square the reality is, that isn’t happening or is happening sporadically and inconsistently, which leads to the whole find-your-client game.”
  • According to police, when they took a woman the Guardian will identify as Chevoughn to Homan Square in May 2007 regarding a theft, they allowed her attorney to see her. Chevoughn says that never happened. “I was there a very long time, maybe eight to 10 hours,” said Chevoughn, who remembered being “petrified”, particularly as police questioned her in what she calls a “cage”. “I went to Harrison and Kedzie,” Chevoughn said, referring to the cross streets of central booking. “That’s where I slept. It’s where they did fingerprinting, all that crap. That’s when my attorney came.”
  • Police arrested another man, whom the Guardian will call Anthony, in 2006 on charges of starting a garbage fire, and moved him to Homan Square. Police identified him as receiving an attorney there. But Anthony told the Guardian: “That’s not true.”
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    It's good to see The Guardian following through on this story.
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