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Paul Merrell

Huge swath of GCHQ mass surveillance is illegal, says top lawyer | UK news | The Guardian - 0 views

  • GCHQ's mass surveillance spying programmes are probably illegal and have been signed off by ministers in breach of human rights and surveillance laws, according to a hard-hitting legal opinion that has been provided to MPs.The advice warns that Britain's principal surveillance law is too vague and is almost certainly being interpreted to allow the agency to conduct surveillance that flouts privacy safeguards set out in the European convention on human rights (ECHR).The inadequacies, it says, have created a situation where GCHQ staff are potentially able to rely "on the gaps in the current statutory framework to commit serious crime with impunity".
  • Last year, Hague told MPs: "It has been suggested GCHQ uses our partnership with the US to get around UK law, obtaining information that they cannot legally obtain in the UK. I wish to be absolutely clear that this accusation is baseless."However, the legal advice poses awkward new questions about the framework GCHQ operates within, the role of ministers and the legality of transferring bulk data to other spy agencies.The advice makes clear Ripa does not allow GCHQ to conduct mass surveillance on communications between people in the UK, even if the data has briefly left British shores because the call or email has travelled to an internet server overseas.
  • The legal advice has been sent to the 46 members of the all-party parliamentary group on drones, which is chaired by the Labour MP, Tom Watson.
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  • In a 32-page opinion, the leading public law barrister Jemima Stratford QC raises a series of concerns about the legality and proportionality of GCHQ's work, and the lack of safeguards for protecting privacy.
  • The opinion notes that the UK has not adopted the doctrine of "anticipatory self-defence" in the same way as the US to provide legal cover for drone strikes in countries where it is not involved in an international armed conflict."Accordingly, in our view, if GCHQ transferred data to the NSA in the knowledge that it would or might be used for targeting drone strikes, that transfer is probably unlawful," the advice states."The transferor would be an accessory to murder for the purposes of domestic law … We consider that, pursuant to the transfer, the agent is likely to become an accessory to murder."Watson said he would be submitting the legal opinion to the parliamentary intelligence and security committee, which is undertaking an inquiry into mass surveillance."MPs now have strong independent advice questioning the legality of major UK intelligence programmes," he said.
  • The advice concludes: "In short, the rules concerning communications data are too uncertain and do not provide sufficient clarity to be in accordance with the law … we consider the mass interception of communications via a transatlantic cable to be unlawful, and that these conclusions would apply even if some or all of the interception is taking place outside UK territorial waters."Leaving decisions about whether data can be shared with agencies abroad to the "unfettered discretion" of ministers is also a probable breach of the convention, the advice warns.
  • "First, the transfer of private data is a significant interference with an individual's article 8 rights. That interference will only be lawful when proportionate."Secondly, the ECHR has held on more than one occasion that surveillance, and the use of surveillance data, is an area in which governments must conduct themselves in a transparent and 'predictable' manner. The current framework is uncertain: it relies on the discretion of one individual."Thirdly, on a pragmatic level,there is a real possibility that the NSA might function as GCHQ's unofficial 'backup' service. If GCHQ is not entitled to hold onto data itself, it might transfer it to the NSA. In time, and if relevant, that data might be transferred back to GCHQ. Without strong guidelines and scrutiny, the two services might support each other to (in effect) circumvent the requirements of their domestic legislation."The opinion adds: "If GCHQ transfers communications data to other governments it does so without any statutory restrictions. Such transfers are a disproportionate interference with the article 8 rights of the individuals concerned. There are no restrictions, checks or restraints on the transfer of that data."
  • At its most extreme, the advice raises issues about the possible vulnerability of staff at GCHQ if it could be proved that intelligence used for US drone strikes against "non-combatants" had been passed on or supplied by the British before being used in a missile attack."An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility," the advice says.
  • "If ministers are prepared to allow GCHQ staff to be potential accessories to murder, they must be very clear that they are responsible for allowing it. We have seen a step change in mass covert surveillance and intelligence gathering, underpinned on dubious legal grounds and with virtually no parliamentary oversight. "The leadership of all the main parties should stop turning a blind eye to a programme that has far-reaching consequences around the globe."
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    The lawyer who wrote the opinion is a QC, or Queen's Counsel. See http://en.wikipedia.org/wiki/Queen's_Counsel This opinion *will* result in changes in UK law and oversight of GCHQ. And because much of it is based on the European Convention on Human Rights, the opinion will stoke the anti-spying sentiment in the European Community, which is already at fever-pitch. The ECHR is Europe's implementation of several U.N. treaties on human rights, so the blowback may well extend beyond the EU and UK.  
Paul Merrell

Israel threatens to expel U.N. envoy over Qatar cash for GAZA - Al Arabiya News - 0 views

  • Israel's foreign minister has threatened to expel the U.N.'s special envoy for offering to help transfer Qatari funds to the Gaza Strip, Channel Two television reported. Avigdor Lieberman said Robert Serry, the world body's special envoy on the Middle East peace process, had first tried to convince the Palestinian Authority (PA) to transfer $20 million (14.7 million euros) from Qatar to resolve a pay crisis for Hamas employees in Gaza, the broadcaster reported Saturday. But after Palestinian president Mahmoud Abbas refused to do so, the rightwing ultra-nationalist Lieberman charged, Serry proposed U.N. help in making the transfer.
  • Israel's foreign minister has threatened to expel the U.N.'s special envoy for offering to help transfer Qatari funds to the Gaza Strip, Channel Two television reported. Avigdor Lieberman said Robert Serry, the world body's special envoy on the Middle East peace process, had first tried to convince the Palestinian Authority (PA) to transfer $20 million (14.7 million euros) from Qatar to resolve a pay crisis for Hamas employees in Gaza, the broadcaster reported Saturday. But after Palestinian president Mahmoud Abbas refused to do so, the rightwing ultra-nationalist Lieberman charged, Serry proposed U.N. help in making the transfer.
  • Serry rejected the allegations, saying in a statement that the Palestinian authority had approached him "informally" on the matter. "In considering any U.N. role on the issue of payments of salaries in Gaza that has potentially destabilising effects on security in Gaza, I made it clear that we would only be able to be of assistance if acceptable to all stakeholders, including Israel," he added. Israel had been kept informed of all the discussions, he insisted.
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  • Lieberman told AFP he was seeking an "urgent meeting" on Sunday about the row in which Israeli television reported the foreign minister would propose that Serry be declared persona non grata in Israel. "We look upon Robert Serry's behaviour with the utmost seriousness, and strong measures will be imposed," Israeli foreign ministry spokesman Yigal Palmor told AFP. "The foreign ministry issues diplomatic visas and can also withdraw them," he added.
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    For many years, Israel has taxed Gaza residents, then paid the Gaza government the collected taxes. But Israel began reducing the payments then finally cut it off entirely. Doctors and medical staff in Gaza have had no pay for five months and had been on half-pay for eight months prior to that. Before the rockets began flying, medical supplies and equipment in Gaza were already severely depleted.  Qatar wants to send Gaza $20 million so the Gaza government employees can be paid. Now Israel threatens to expel the special U.N. envoy for the Mideast Peace Process because he offered to transfer the funds.  The Israeli hubris explodes in faux anger. Not a bright move because Gaza and the West Bank are classified as Occupied Territories Israel under the Fourth Geneva Convention. As the occupying power, Israel is required to maintain the elected Gaza government and is responsible for the well being of all Gaza residents. But Israel has been ignoring U.N. decisions including Security Council decisions from the moment the Israeli government was formed in 1948.   Making an enemy of the international human rights officials will prove doubly dumb when Israeli officials are inevitably seated in the dock of the International Criminal Court facing charges for war crimes, crimes against peace, and crimes against humanity. Human rights lawyers and judges pull no punches.   
Gary Edwards

Why Bitcoin Matters | Marc Andreessen - 0 views

  • First, Bitcoin at its most fundamental level is a breakthrough in computer science – one that builds on 20 years of research into cryptographic currency, and 40 years of research in cryptography, by thousands of researchers around the world. Bitcoin is the first practical solution to a longstanding problem in computer science called the Byzantine Generals Problem. To quote from the original paper defining the B.G.P.: “[Imagine] a group of generals of the Byzantine army camped with their troops around an enemy city. Communicating only by messenger, the generals must agree upon a common battle plan. However, one or more of them may be traitors who will try to confuse the others. The problem is to find an algorithm to ensure that the loyal generals will reach agreement.” More generally, the B.G.P. poses the question of how to establish trust between otherwise unrelated parties over an untrusted network like the Internet.
  • The practical consequence of solving this problem is that Bitcoin gives us, for the first time, a way for one Internet user to transfer a unique piece of digital property to another Internet user, such that the transfer is guaranteed to be safe and secure, everyone knows that the transfer has taken place, and nobody can challenge the legitimacy of the transfer. The consequences of this breakthrough are hard to overstate. What kinds of digital property might be transferred in this way? Think about digital signatures, digital contracts, digital keys (to physical locks, or to online lockers), digital ownership of physical assets such as cars and houses, digital stocks and bonds … and digital money. All these are exchanged through a distributed network of trust that does not require or rely upon a central intermediary like a bank or broker. And all in a way where only the owner of an asset can send it, only the intended recipient can receive it, the asset can only exist in one place at a time, and everyone can validate transactions and ownership of all assets anytime they want.
  • How does this work?
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  • Bitcoin is a digital bearer instrument. It is a way to exchange money or assets between parties with no pre-existing trust: A string of numbers is sent over email or text message in the simplest case. The sender doesn’t need to know or trust the receiver or vice versa. Related, there are no chargebacks – this is the part that is literally like cash – if you have the money or the asset, you can pay with it; if you don’t, you can’t. This is brand new. This has never existed in digital form before. Bitcoin is a digital currency, whose value is based directly on two things: use of the payment system today – volume and velocity of payments running through the ledger – and speculation on future use of the payment system. This is one part that is confusing people. It’s not as much that the Bitcoin currency has some arbitrary value and then people are trading with it; it’s more that people can trade with Bitcoin (anywhere, everywhere, with no fraud and no or very low fees) and as a result it has value.
  • Bitcoin is an Internet-wide distributed ledger. You buy into the ledger by purchasing one of a fixed number of slots, either with cash or by selling a product and service for Bitcoin. You sell out of the ledger by trading your Bitcoin to someone else who wants to buy into the ledger. Anyone in the world can buy into or sell out of the ledger any time they want – with no approval needed, and with no or very low fees. The Bitcoin “coins” themselves are simply slots in the ledger, analogous in some ways to seats on a stock exchange, except much more broadly applicable to real world transactions. The Bitcoin ledger is a new kind of payment system. Anyone in the world can pay anyone else in the world any amount of value of Bitcoin by simply transferring ownership of the corresponding slot in the ledger. Put value in, transfer it, the recipient gets value out, no authorization required, and in many cases, no fees. That last part is enormously important. Bitcoin is the first Internetwide payment system where transactions either happen with no fees or very low fees (down to fractions of pennies). Existing payment systems charge fees of about 2 to 3 percent – and that’s in the developed world. In lots of other places, there either are no modern payment systems or the rates are significantly higher. We’ll come back to that.
  • Why would any merchant – online or in the real world – want to accept Bitcoin as payment, given the currently small number of consumers who want to pay with it? My partner Chris Dixon recently gave this example: “Let’s say you sell electronics online. Profit margins in those businesses are usually under 5 percent, which means conventional 2.5 percent payment fees consume half the margin. That’s money that could be reinvested in the business, passed back to consumers or taxed by the government. Of all of those choices, handing 2.5 percent to banks to move bits around the Internet is the worst possible choice. Another challenge merchants have with payments is accepting international payments. If you are wondering why your favorite product or service isn’t available in your country, the answer is often payments.” In addition, merchants are highly attracted to Bitcoin because it eliminates the risk of credit card fraud. This is the form of fraud that motivates so many criminals to put so much work into stealing personal customer information and credit card numbers. Since Bitcoin is a digital bearer instrument, the receiver of a payment does not get any information from the sender that can be used to steal money from the sender in the future, either by that merchant or by a criminal who steals that information from the merchant.
  • What’s the future of Bitcoin?
  • Bitcoin is a classic network effect, a positive feedback loop. The more people who use Bitcoin, the more valuable Bitcoin is for everyone who uses it, and the higher the incentive for the next user to start using the technology. Bitcoin shares this network effect property with the telephone system, the web, and popular Internet services like eBay and Facebook. In fact, Bitcoin is a four-sided network effect. There are four constituencies that participate in expanding the value of Bitcoin as a consequence of their own self-interested participation. Those constituencies are (1) consumers who pay with Bitcoin, (2) merchants who accept Bitcoin, (3) “miners” who run the computers that process and validate all the transactions and enable the distributed trust network to exist, and (4) developers and entrepreneurs who are building new products and services with and on top of Bitcoin. All four sides of the network effect are playing a valuable part in expanding the value of the overall system, but the fourth is particularly important.
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    WOW! This is the must read article of the year. Great explanation of Bitcoin; what it is, how it works, and why it is so significant. Excellent analysis!
Paul Merrell

Own Your Own Devices You Will, Under Rep. Farenthold's YODA Bill | Bloomberg BNA - 0 views

  • A bill introduced Sept. 18 would make clear that consumers actually owned the electronic devices, and any accompanying software on that device, that they purchased, according to sponsor Rep. Blake Farenthold's (R-Texas). The You Own Devices Act (H.R. 5586) would amend the Copyright Act “to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.” The bill, which is unlikely to receive attention during Congress's lame-duck legislative session, was well-received by consumer's rights groups.
  • Section 109(a) of the Copyright Act, 17 U.S.C. §109(a), serves as the foundation for the first sale doctrine. H.R. 5586 would amend Section 109(a) by adding a provision covering “transfer of computer programs.” That provision would state:if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer pro gram, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement.
  • ‘Things' Versus SoftwareFarenthold had expressed concern during a Sept. 17 hearing on Section 1201 of the Digital Millennium Copyright Act over what he perceived was a muddling between patents and copyrights when it comes to consumer products. “Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Farenthold asked the witnesses if there was a way to draw a distinction in copyright “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone.”
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  • H.R. 5586 seeks to draw that distinction. “YODA would simply state that if you want to sell, lease, or give away your device, the software that enables it to work is transferred along with it, and that any right you have to security and bug fixing of that software is transferred as well,” Farenthold said in a statement issued Sept. 19.
Gary Edwards

t r u t h o u t | Recent Rulings Could Shield 62 Million Homes From Foreclosure - 0 views

  • Most courts continue to look the other way on MERS' lack of standing to sue, but the argument has picked up enough steam to consider the rather stunning implications. If MERS is not the title holder of properties held in its name, the chain of title has been broken and no one may have standing to sue. In MERS v. Nebraska Department of Banking and Finance, MERS insisted that it had no actionable interest in title, and the court agreed.
  • An August 2010 article in Mother Jones titled "Fannie and Freddie's Foreclosure Barons" exposes a widespread practice of "foreclosure mills" in backdating assignments after foreclosures have been filed. Not only is this perjury, a prosecutable offense, but if MERS was never the title holder, there is nothing to assign. The defaulting homeowners could wind up with free and clear title.
  • "'Produce the Note' Movement Helps Stall Foreclosures":
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  • "The ticking time bomb in the US banking system is not resetting subprime mortgage rates. The real problem is the contractual ability of investors in mortgage bonds to require banks to buy back the loans at face value if there was fraud in the origination process.
  • "... The loans at issue dwarf the capital available at the largest US banks combined and investor lawsuits would raise stunning liability sufficient to cause even the largest US banks to fail...."
  • homeowner movement to tear off the predatory mask called MERS
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    Technicality or Fatal Flaw? To foreclose on real property, the plaintiff must be able to produce a promissory note or assignment establishing title. Early cases focused on MERS' inability to produce such a note, but most courts continued to consider the note a mere technicality and ignored it. Landmark newer opinions, however, stress that this defect is not just a procedural. but a substantive failure, one that is fatal to the plaintiff's case. The latest of these decisions came down in California on May 20, 2010, in a bankruptcy case called In re Walker, Case no. 10-21656-E-11. The court held that MERS could not foreclose because it was a mere nominee and that as a result plaintiff Citibank could not collect on its claim. The judge opined: "Since no evidence of MERS' ownership of the underlying note has been offered and other courts have concluded that MERS does not own the underlying notes, this court is convinced that MERS had no interest it could transfer to Citibank. Since MERS did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law."
Paul Merrell

New EU rules to curb transfer of data to US after Edward Snowden revelations | World ne... - 0 views

  • New European rules aimed at curbing questionable transfers of data from EU countries to the US are being finalised in Brussels in the first concrete reaction to the Edward Snowden disclosures on US and British mass surveillance of digital communications.Regulations on European data protection standards are expected to pass the European parliament committee stage on Monday after the various political groupings agreed on a new compromise draft following two years of gridlock on the issue.The draft would make it harder for the big US internet servers and social media providers to transfer European data to third countries, subject them to EU law rather than secret American court orders, and authorise swingeing fines possibly running into the billions for the first time for not complying with the new rules.
  • "As parliamentarians, as politicians, as governments we have lost control over our intelligence services. We have to get it back again," said Jan Philipp Albrecht, the German Greens MEP who is steering the data protection regulation through the parliament.Data privacy in the EU is currently under the authority of national governments with standards varying enormously across the 28 countries, complicating efforts to arrive at satisfactory data transfer agreements with the US. The current rules are easily sidestepped by the big Silicon Valley companies, Brussels argues.The new rules, if agreed, would ban the transfer of data unless based on EU law or under a new transatlantic pact with the Americans complying with EU law."Without any concrete agreement there would be no data processing by telecommunications and internet companies allowed," says a summary of the proposed new regime.
  • Such bans were foreseen in initial wording two years ago but were dropped under the pressure of intense lobbying from Washington. The proposed ban has been revived directly as a result of the uproar over operations by the US's National Security Agency (NSA).Viviane Reding, the EU's commissioner for justice and the leading advocate in Brussels of a new system securing individuals' rights to privacy and data protection, argues that the new rulebook will rebalance the power relationship between the US and Europe on the issue, supplying leverage to force the American authorities and tech firms to reform."The recent data scandals prove that sensitivity has been growing on the US side of how important data protection really is for Europeans," she told a German foreign policy journal. "All those US companies that do dominate the tech market and the internet want to have access to our goldmine, the internal market with over 500 million potential customers. If they want to access it, they will have to apply our rules. The leverage that we will have in the near future is thus the EU's data protection regulation. It will make crystal clear that non-European companies, when offering goods and services to European consumers, will have to apply the EU data protection law in full. There will be no legal loopholes any more."But the proposed rules remain riddled with loopholes for intelligence services to exploit, MEPs admit.
Paul Merrell

Israeli Knesset brings back bill to forcibly transfer Palestinian Bedouins | nsnbc inte... - 0 views

  • The Israeli Knesset (Parliament) announced that on Sunday July 12th, they will bring back a bill to forcibly remove 40,000 Palestinian Bedouins from their homes in the Negev desert in southern Israel.
  • The Israeli government has managed to force the transfer of tens of thousands of Palestinian Bedouins into a reservation near the city dump of Jerusalem, but 40,000 more have refused to be moved from their ancestral homes.
  • The bill had been tabled in 2013 after widespread international condemnation of the forced transfer plan. According to Article 49 of the Fourth Geneva Convention, “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.” Israeli authorities had initially approved the plan, known as the ‘Prawer Plan’, in 2011, but delayed it indefinitely after the UN and other international bodies condemned the plan. The Palestinian Bedouin communities of southern Israel have lived in their homes for hundreds of years, but when Israel was created in 1948, the Israeli government refused to recognize their villages. As such, their homes have been destroyed dozens of times by the Israeli government, each time rebuilt by the Bedouin community.
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  • The re-introduction of the bill is being carried out by the Israeli minister of agriculture, Uri Ariel of the Habayit Hayehudi party (Jewish Home) party. Palestinian Bedouins have compared the forced displacement plan to the U.S. system of ‘reservations’ for the native American population, by which hundreds of thousands of American Indians were forcibly displaced from their homelands in what has since been termed a genocidal colonial operation by the invading European colonists.
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
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    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Gary Edwards

Clinton Body Count - 0 views

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    The infamous list of Clinton associates mysteriously found dead.  The dead bodies associated with the Clintons is well worth reviewing on this the eve of congressional testimony from the many Benghazi Whistleblowers.   Just speculation, but i'm in the camp of those who believe that the Benghazi Massacre was an arranged kidnapping gone bad.  The idea was to kidnap Libyan Ambassador Christopher Stevens, and trade him for the blind Sheikh, Oamr Abdel-Rahman - the man behind the 1993 World Trade Center bombing.   Ever since the Muslim Brotherhood took over Egypt, and did so with the assistance of Obama, President Morsi has been lobbying Obama to release and return the blind Sheikh.  In fact, Morsi's first statement as President of Egypt was to promise the Muslim Brotherhood that he would secure the release of the blind Sheikh.  For sure not something Obama could do without some sort of compelling pretext.  Hence the kidnapping plot. Hard to figure out what went wrong with the grand plan. There was never an embassy or consulate in Benghazi. The facilities in Benghazi served as a logistics center for arms and weapons transfers from Libya ultimately destined for the anti-Assad - Muslim Brotherhood terrorists in Syria. It was used by the "State Department's CIA," which is quite different than the actual CIA, to collect and store all the weapons Obama had supplied the Libyan rebels with in their efforts to overthrow Ghadaffi.  And then there's the 20,000 (400 tons worth) heat seeking surface-to-air (SA-7's) missles that Ghaddafi had amassed. Just prior to his kidnapping, Ambassador Stevens was meeting with the Turkish Consul General Ali Sait Akin to arrange another shipment of the captured arms.   The al-Qaeda linked Lybian Islamiuc Fighting Group, headed by Abdelhakim Belhadj, also coveted those weapons.  But this group was supposedly disbanded when Ghadaffi was killed!    It was Belhadj's guys that killed Ambassador Stevens, even though Belhadj him
Gary Edwards

Is The US Finally Ready For Revolution? - Democratic Underground - 1 views

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    Written in June of 2012, before the national elections, this commentary remains the ringing truth.  Maybe more Americans are ready to listen this fourth of July? ........................... "Is America Ready For Revolution? I have always strongly believed that it's not possible to be a good Christian without standing up against social injustice and government corruption in all its forms. As I take a look around me today I find a lot of things wrong with our country. In fact, I have been a proponent for radical change for several years now, and I have written and published 2 books on this very topic. Where shall I begin? In God-blessed America, the land of the free where everyone is an economic slave, our founding fathers' sacred idea of a government "of the people, by the people, for the people" has become but a cruel joke. Former president George W. Bush has notoriously called our Constitution - our supreme law of the land - "that (expletive) piece of paper". The federal government is currently spending at least $60 billion per month on military excursions in Afghanistan, the Middle East, and northern and western Africa - including operating between 800 and 1,000 foreign military bases all over the world. Our country's over-used flying drone aircraft kills hundreds daily overseas, many of whom are only innocent bystanders. Meanwhile here on the home front, one in seven people are on food stamps, and at any given time one in four American children are going hungry today. Our country spends more money incarcerating people than it does on education. What's up with that? Our political system is openly rigged against the best interests of the American people. A massive market mechanism is securely entrenched in our political system where political influence is openly bought and sold. Tens of thousands of highly-paid middlemen called "lobbyists" facilitate the legal transfer of billions between moneyed special interests and our so-called "representatives" i
Paul Merrell

Mosul Offensive 'Risks Becoming Even More Bloody Than the Battle for Aleppo' - 0 views

  • s the Kurdish Peshmerga forces and the Iraqi army launch an offensive on the northern Iraqi city of Mosul, currently occupied by Daesh terrorists, experts predict that it might be even more of a blood bath than the fight for Aleppo and explain what consequences it might have for Syria.
  • Said Mamuzini, a representative of the Kurdistan Democratic Party (KDP), one of the main Kurdish parties in Iraqi Kurdistan, told Sputnik earlier that a corridor will be left for terrorists to escape to Syria. Those retreating this way will not be captured. Currently, there are some 7,000 Daesh militants. A similar view was echoed by the news website EurAsia Daily, which also says that the US and Saudi Arabia are planning for the "transfer" of Daesh militants from Iraq to Syria. Citing military-diplomatic sources in Moscow, the website says that the Iraqi government forces will provide for the secure transfer of jihadists to the Syrian city of Deir ez-Zor.
  • "The key players in the large-scale operation are the US military command in the Middle East and the Saudi General Intelligence Department. The latter plays a special role, given the high number of nationals of the largest Arab monarchy fighting under the black flag of the self-proclaimed Caliphate on the Iraqi frontlines," it says.
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  • The outlet notes that the head of the US Central Command (CENTCOM), General Joseph Votel, already indirectly confirmed the above plans when he said that there is "the need to avoid the rush and to combine military and political plans for the liberation of Mosul."
  • "It is easy to guess what is meant by this 'military-political combination'," the website says.
  • It further explains that the arrival of fresh Daesh forces into Deir ez-Zor will create more problems for the Syrian government, Russia and Iran in this area of the front line. It also suggests that in order to avoid being targeted by Russian airstrikes, the Daesh militants might use their family members as a human shield and will later accuse Russia of "humanitarian barbarism." Under such a scenario, this operation might even be more of a blood bath than the fight for Aleppo.
  • "In fact, the US started preparing a new breeding ground for the Mosul branch of Daesh in Deir ez-Zor in the middle of September. The US airstrike on Syrian army positions, which has been presented as a 'mistake', perfectly fits into the 'combinatory' logic of Pentagon," the website says. One of the far-reaching aims of the Mosul operation, it suggests, is to drive the Syrian government forces from the east of Syria and to break into the province of Homs. The terrorists might also attempt to recapture Palmyra.
  • "The 'jihadist transfer' from the Iraqi metropolis into Syrian Deir ez-Zor might become a key point of the 'reply' to the Russians from the outgoing US administration," the website finally says.
Paul Merrell

Farsnews - 0 views

  • Yemeni security sources disclosed that a Turkish plane has transferred tens of Al-Qaeda terrorists from Syria's Northern city of Aleppo to Yemen's Aden and evacuated wounded pro-Saudi militias to medical treatment centers outside the country when returning to Turkey."The Turkish airplane landed at Aden International Airport to transfer the pro-Saudi mercenaries wounded in the Yemeni forces' offensives in Ta'iz province for treatment in Turkish hospitals," the Arabic-language al-Ahd news website quoted informed sources as saying on Saturday. The sources noted that some 150 al-Qaeda terrorists stepped out of the plane as soon as it landed, adding that they had been relocated from Syria's Aleppo to Aden. Then when the Turkish plane was preparing to fly back home, a sum of 158 wounded pro-Saudi militias went on board to be transferred to Turkey. More than 12,800 Yemenis, including women and children, have been killed in the course of the Saudi military aggression against neighboring Yemen since March 2015. This is while international right groups have repeatedly condemned Riyadh over its onslaught against Yemen. They have also warned of a humanitarian crisis in the impoverished country.
  • The Saudi campaign was launched with the aim of reinstating Yemen’s former president Abd Rabbuh Mansur Hadi. Hadi, a loyal Riyadh ally, resigned last year and fled to the Saudi capital. He later returned to the country’s port city of Aden. Hadi has rejected a United Nations peace roadmap, saying the initiative favors Ansarullah movement, while the movement is the main popular base which has been defending the country against the Saudi invasion.
Paul Merrell

Israel Carries Out Two Strikes Against Assad Regime, Hezbollah Targets in Syria | FDD's... - 0 views

  • In the wake of threats by Israeli Defense Minister Avigdor Liberman, the Israel Air Force (IAF) carried out two strikes against Assad regime and Hezbollah targets in Syria on Sunday and early Monday morning. These latest airstrikes come only two days after an IAF raid on Hezbollah weapons shipments in Palmyra, and seemingly as a response to an attempt by the Syrian Air Defense Forces (SADF) to shoot down the attacking Israeli jets. At approximately 3 PM local time, pro-regime news sources reported that the SADF’s Golan Regiment was engaging an Israeli UAV over the town of Khan Arnabeh, in the Syrian Golan’s Quneitra Governorate. Shortly after, Syrian army reports emerged claiming the Israelis targeted a vehicle traveling from the town on the road to Damascus, destroying the car and killing its driver, Yasser Hussein al-Sayyed, a SADF Golan Regiment commander. The second air strike reportedly occurred past midnight on Monday morning, with local sources claiming the Israelis targeted Hezbollah and SADF targets in the Qalamoun mountains, near the Syrian-Lebanese border. However, pro-regime sources were quick to deny that the strikes had occurred. The strikes came mere hours after Liberman threatened to destroy Syria’s air defenses “without any hesitation” the next time they fired on Israeli planes. He stressed that Israel was “neither for nor against [Syrian president Bashar] al-Assad,” and had no desire for friction with the Russians in Syria. Israel’s “main problem” he said, “is the transfer of game-changing weapons from Syria to Lebanon,” which would reach Hezbollah. “Therefore, every time we identify a such a transfer, we will act to destroy these equilibrium-breaking weapons. There will be no compromise.” Liberman’s comments were echoed by IDF Chief of Staff Lt. Gen. Gadi Eizenkot, with similar threats against the government of Lebanon.
  • Liberman’s threats, reinforced by the two strikes, were a response to the outcomes of the IAF’s Friday attack on Palmyra. The SADF’s attempt to down Israeli jets was an unprecedented escalation by the Assad regime. For Israel, this was an unacceptable interference with its now-routine attempts to deny the transfer of advanced weapons to Hezbollah, threatening to change the rules of the game between Jerusalem and Damascus. The Russian Foreign Ministry demanding an explanation of the strike from Israel’s ambassador also indicated a possible shift in Moscow’s policies on Israeli offensives in Syria. These developments likely left Hezbollah and its Iranian patrons confident that their weapons transfers would now be safe from Israeli strikes, as indicated by Hassan Nasrallah’s subsequent belligerent speech and Tehran’s threats against continued IAF assaults in Syria. Israel’s red lines in Syria were blurred by these changes, and Jerusalem felt they needed to be forcefully redrawn.
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    Israel's airstrikes in Syria are beyond question war crimes.
Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney ... - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Paul Merrell

BofA Said to Split Regulators Over Moving Merrill Derivatives to Bank Unit - Bloomberg - 0 views

  • Bank of America Corp. (BAC), hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation. The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties, said the people, who asked to remain anonymous because they weren’t authorized to speak publicly. The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.
  • Three years after taxpayers rescued some of the biggest U.S. lenders, regulators are grappling with how to protect FDIC- insured bank accounts from risks generated by investment-banking operations. Bank of America, which got a $45 billion bailout during the financial crisis, had $1.04 trillion in deposits as of midyear, ranking it second among U.S. firms. “The concern is that there is always an enormous temptation to dump the losers on the insured institution,” said William Black, professor of economics and law at the University of Missouri-Kansas City and a former bank regulator. “We should have fairly tight restrictions on that.”
  • Moody’s Investors Service downgraded Bank of America’s long-term credit ratings Sept. 21, cutting both the holding company and the retail bank two notches apiece. The holding company fell to Baa1, the third-lowest investment-grade rank, from A2, while the retail bank declined to A2 from Aa3.
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  • The Moody’s downgrade spurred some of Merrill’s partners to ask that contracts be moved to the retail unit, which has a higher credit rating, according to people familiar with the transactions. Transferring derivatives also can help the parent company minimize the collateral it must post on contracts and the potential costs to terminate trades after Moody’s decision, said a person familiar with the matter. Bank of America estimated in an August regulatory filing that a two-level downgrade by all ratings companies would have required that it post $3.3 billion in additional collateral and termination payments, based on over-the-counter derivatives and other trading agreements as of June 30. The figure doesn’t include possible collateral payments due to “variable interest entities,” which the firm is evaluating, it said in the filing.
  • Derivatives are financial instruments used to hedge risks or for speculation. They’re derived from stocks, bonds, loans, currencies and commodities, or linked to specific events such as changes in the weather or interest rates. Dodd-Frank Rules Keeping such deals separate from FDIC-insured savings has been a cornerstone of U.S. regulation for decades, including last year’s Dodd-Frank overhaul of Wall Street regulation. The legislation gave the FDIC, which liquidates failing banks, expanded powers to dismantle large financial institutions in danger of failing. The agency can borrow from the Treasury Department to finance the biggest lenders’ operations to stem bank runs. It’s required to recoup taxpayer money used during the resolution process through fees on the largest firms.
  • Bank of America’s holding company -- the parent of both the retail bank and the Merrill Lynch securities unit -- held almost $75 trillion of derivatives at the end of June, according to data compiled by the OCC. About $53 trillion, or 71 percent, were within Bank of America NA, according to the data, which represent the notional values of the trades. That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show.
  • Moving derivatives contracts between units of a bank holding company is limited under Section 23A of the Federal Reserve Act, which is designed to prevent a lender’s affiliates from benefiting from its federal subsidy and to protect the bank from excessive risk originating at the non-bank affiliate, said Saule T. Omarova, a law professor at the University of North Carolina at Chapel Hill School of Law. “Congress doesn’t want a bank’s FDIC insurance and access to the Fed discount window to somehow benefit an affiliate, so they created a firewall,” Omarova said. The discount window has been open to banks as the lender of last resort since 1914. As a general rule, as long as transactions involve high- quality assets and don’t exceed certain quantitative limitations, they should be allowed under the Federal Reserve Act, Omarova said.
  • In 2009, the Fed granted Section 23A exemptions to the banking arms of Ally Financial Inc., HSBC Holdings Plc, Fifth Third Bancorp, ING Groep NV, General Electric Co., Northern Trust Corp., CIT Group Inc., Morgan Stanley and Goldman Sachs Group Inc., among others, according to letters posted on the Fed’s website. The central bank terminated exemptions last year for retail-banking units of JPMorgan, Citigroup, Barclays Plc, Royal Bank of Scotland Plc and Deutsche Bank AG. The Fed also ended an exemption for Bank of America in March 2010 and in September of that year approved a new one. Section 23A “is among the most important tools that U.S. bank regulators have to protect the safety and soundness of U.S. banks,” Scott Alvarez, the Fed’s general counsel, told Congress in March 2008.
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    So according to Bloomberg, JPMorgan's commercial bank was the recipient of 99 percent of JPMorgan's $79 trillion (face value of derivatives) in bad bets. So adding JPMorgan's $78 trillion or so to the $75 trillion in bad bets Bank of America unloaded on its FDIC insured subsidiary, we arrive at $153 trillion in bad bets moved by two investment banks alone under the FDIC umbrella. Meanwhile, FDIC has authority under Dodd-Frank to liquidate these insolvent banks but doesn't, despite several successful lawsuits to recover the value of toxic derivatives that they sold to smaller banks that failed (which implies that FDIC could tell JPMorgan and BoA's investment banksters that they've got to pay off the toxic assets they transferred to their commercial banks, rather than diluting the insurance for normal depositors. Problem: the two big investment banks don't have sufficient assets to absorb those losses, so the too-politically-connected-to-fail factor kicks in. Note that I have not done any legal research in regard to these issues and am basing these observations on what has been stated about legal requirements in various media articles.
Gary Edwards

»Chase Bank Limits Cash Withdrawals, Bans International Wire Transfers Alex J... - 0 views

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    "Chase Bank has moved to limit cash withdrawals while banning business customers from sending international wire transfers from November 17 onwards, prompting speculation that the bank is preparing for a looming financial crisis in the United States by imposing capital controls."
Gary Edwards

321energy :: The Greatest Transfer of Wealth in History :: Bob Moriarty - 0 views

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    Bob Moriarty from 321 Energy provides a brief explanation of the fundamentals -  excerpt: I've made it clear for a year that I believe we have entered what will be the most serious depression in history. It also will involve the greatest transfer of wealth in history. There are two basic classes of assets. There are paper assets and real assets. An ounce of gold is a real asset. A copper mine is a real asset. A house is a real asset. An oil field is a real asset. Over the counter derivatives now total over $596 trillion dollars, (click here [pdf]) ten times the size of the world economy. Those are paper assets, their value is derived from some other asset. That derivative size is what is going to destroy the world's financial system, it's all fraud. A mortgage is a paper asset. A T-Bill or T-Bond is a paper asset. A $100 bill is a paper asset. It's pretty easy to see that a $500,000 mortgage on a house now worth $250,000 isn't worth very much. Latest figures show 9.6 million homes in the US have negative equity. How many of those loans are going to be paid back? According to an ex-Fed Director, both Fannie Mae and Freddie Mac are bankrupt. They were leveraged 65-1. For those comforted by the thought of the FDIC bailing you out should the banking system fail entirely, you need to realize the FDIC is leveraged at 130-1. We are told that the collapse of Washington Mutual alone could bankrupt the FDIC. In a depression, no real assets appear or disappear. Paper assets, on the other hand, turn to vapor. But the ownership of real assets will change as the real assets move from weak hands into strong hands.
Paul Merrell

We were subjected to 'meticulous, daily torture' - freed Gitmo detainee - RT News - 0 views

  • After years of being held at the US Naval Base in Cuba without trial, Ibrahim Idris, one of two Sudanese detainees released on Thursday, said US prison officials had "systematically tortured" him in the course of his 11-year imprisonment at Gitmo. Idris, who has been described by US officials as mentally ill, delivered his comments in a news conference in Khartoum, just hours after returning home courtesy of a US military plane. Appearing weak and speaking with apparent difficultly, Idris gave a brief account of his lengthy imprisonment at Gitmo. “We have been subjected to meticulous, daily torture," he said. "We were helpless…on an isolated island, surrounded by weapons." He praised the Sudanese government and human rights organizations for working to secure the release of prisoners at Gitmo, which has been called “the GULAG of our times” by Amnesty International. Closed-door military tribunals, for example, have been riddled with problems, including courtroom speakers that have a mysterious tendency for being blocked during key testimony.
  • Another released detainee, Noor Othman Muhammed, was unable to attend the conference because he was recovering in the hospital, Idris said. On Feb. 18, 2011, Muhammed pleaded guilty in a military tribunal to offenses under the Military Commissions Act of 2009, and was sentenced to 14 years confinement, according to a Defense Department news release. In exchange for his guilty plea and Muhammed's cooperation with prosecutors, the military court agreed through a pre-trial agreement to suspend all confinement in excess of 34 months. Idris, who had been designated for transfer since 2009, said some of the former prisoners had pled guilty in a bid to secure their freedom. As Barack Obama wins congressional approval to transfer some prisoners from Guantanamo Bay to their home countries, a released Sudanese inmate spoke of the torture he and others endured at the hands of their American jailers. Approval for a partial detainee release is contained in the National Defense Authorization Act, which passed the Senate by an 84-15 vote on Thursday night.
  • While the bill does not address all of the administration's concerns, its provisions ... will provide the administration additional flexibility to transfer detainees abroad consistent with our national security interests," White House spokesman Jay Carney said earlier Thursday. Of those still held in the prison, five individuals stand accused of participating in the Sept. 11, 2001 terrorist attacks. At the same time, some four dozen detainees are considered “too dangerous” to be released. About half of Gitmo's 158 detainees have been cleared to be released since 2009, yet congressional restrictions prevented that from happening.
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  • A new outbreak of hunger strikes happened in early 2013. By July, 106 of the 166 detainees were on hunger strike, with 45 of them being force-fed.
  • According to Idris, those inmates who participated in these protests were “doubly tortured.” In November, a 19-member task force concluded in a 269-page report, entitled 'Ethics Abandoned: Medical Professionalism and Detainee Abuse in the ‘War on Terror', that since September 11, 2001, the Department of Defense (DoD) and CIA ordered medical professionals to assist in intelligence gathering, as well as forced-feeding of hunger strikers, in a way that inflicted “severe harm.” Gitmo officials announced earlier this month that the US military will no longer disclose to the media and public whether prisoners at Guantanamo Bay are on hunger strike, explaining that "the release of this information serves no operational purpose."
Paul Merrell

CIA's Financial Spying Bags Data on Americans - WSJ.com - 0 views

  • The Central Intelligence Agency is building a vast database of international money transfers that includes millions of Americans' financial and personal data, officials familiar with the program say. The program, which collects information from U.S. money-transfer companies including Western Union, is carried out under the same provision of the Patriot Act that enables the National Security Agency to collect nearly all American phone records, the officials said. Like the NSA program, the mass collection of financial...
Paul Merrell

Western Union shares fall on reported CIA news: Associated Press Business News - MSN Money - 0 views

  • (AP) - Western Union slumped 5 percent in trading Friday following a report by the Wall Street Journal that the CIA is building a database of international money transfer data.The report, citing unnamed officials familiar with the program, says the program collects information from U.S. money-transfer companies including Western Union. It is carried out under the same provision of the Patriot Act that enables the National Security Agency to collect nearly all American phone records.The mass collection of financial data includes millions of Americans' financial and personal data.
  • The CIA is barred from targeting Americans in its intelligence collection. But as a foreign-intelligence agency, it can conduct domestic operations for foreign intelligence purposes. The CIA program is meant to fill what U.S. officials see as an important gap in their ability to track terrorist financing world-wide, officials told the newspaper.Western Union said last month it would be spending about 4 percent of its revenue in 2014 on compliance with rules under the Patriot Act, the Treasury Department's Office of Foreign Assets Control and other anti-money-laundering and terrorist-financing requirements.Company spokesman Dan Díaz said that Western Union collects consumer information to comply with the Bank Secrecy Act and other laws. In doing so, the company also protect customers' privacy and works to prevent consumer fraud.Shares of The Western Union Co. fell 90 cents to $16.55 by late afternoon amid a broader market uptick.
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