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Paul Merrell

Obama confidant's spine-chilling proposal - Salon.com - 0 views

www.salon.com/...sunstein_2

surveillance state psywar Sunstein Obama

shared by Paul Merrell on 06 Apr 14 - No Cached
  • Cass Sunstein has long been one of Barack Obama’s closest confidants.  Often mentioned as a likely Obama nominee to the Supreme Court, Sunstein is currently Obama’s head of the Office of Information and Regulatory Affairs where, among other things, he is responsible for “overseeing policies relating to privacy, information quality, and statistical programs.”  In 2008, while at Harvard Law School, Sunstein co-wrote a truly pernicious paper proposing that the U.S. Government employ teams of covert agents and pseudo-”independent” advocates to “cognitively infiltrate” online groups and websites — as well as other activist groups — which advocate views that Sunstein deems “false conspiracy theories” about the Government.  This would be designed to increase citizens’ faith in government officials and undermine the credibility of conspiracists.  The paper’s abstract can be read, and the full paper downloaded, here. Sunstein advocates that the Government’s stealth infiltration should be accomplished by sending covert agents into “chat rooms, online social networks, or even real-space groups.”  He also proposes that the Government make secret payments to so-called “independent” credible voices to bolster the Government’s messaging (on the ground that those who don’t believe government sources will be more inclined to listen to those who appear independent while secretly acting on behalf of the Government).   This program would target those advocating false “conspiracy theories,” which they define to mean: “an attempt to explain an event or practice by reference to the machinations of powerful people, who have also managed to conceal their role.”  Sunstein’s 2008 paper was flagged by this blogger, and then amplified in an excellent report by Raw Story‘s Daniel Tencer.
  • There’s no evidence that the Obama administration has actually implemented a program exactly of the type advocated by Sunstein, though in light of this paper and the fact that Sunstein’s position would include exactly such policies, that question certainly ought to be asked.  Regardless, Sunstein’s closeness to the President, as well as the highly influential position he occupies, merits an examination of the mentality behind what he wrote.  This isn’t an instance where some government official wrote a bizarre paper in college 30 years ago about matters unrelated to his official powers; this was written 18 months ago, at a time when the ascendancy of Sunstein’s close friend to the Presidency looked likely, in exactly the area he now oversees.  Additionally, the government-controlled messaging that Sunstein desires has been a prominent feature of U.S. Government actions over the last decade, including in some recently revealed practices of the current administration, and the mindset in which it is grounded explains a great deal about our political class.  All of that makes Sunstein’s paper worth examining in greater detail.
  • Initially, note how similar Sunstein’s proposal is to multiple, controversial stealth efforts by the Bush administration to secretly influence and shape our political debates.  The Bush Pentagon employed teams of former Generals to pose as “independent analysts” in the media while secretly coordinating their talking points and messaging about wars and detention policies with the Pentagon.  Bush officials secretly paid supposedly “independent” voices, such as Armstrong Williams and Maggie Gallagher, to advocate pro-Bush policies while failing to disclose their contracts.  In Iraq, the Bush Pentagon hired a company, Lincoln Park, which paid newspapers to plant pro-U.S. articles while pretending it came from Iraqi citizens.  In response to all of this, Democrats typically accused the Bush administration of engaging in government-sponsored propaganda — and when it was done domestically, suggested this was illegal propaganda.  Indeed, there is a very strong case to make that what Sunstein is advocating is itself illegal under long-standing statutes prohibiting government ”propaganda” within the U.S., aimed at American citizens: As explained in a March 21, 2005 report by the Congressional Research Service, “publicity or propaganda” is defined by the U.S. Government Accountability Office (GAO) to mean either (1) self-aggrandizement by public officials, (2) purely partisan activity, or (3) “covert propaganda.”  By covert propaganda, GAO means information which originates from the government but is unattributed and made to appear as though it came from a third party.
  • ...10 more annotations...
  • Covert government propaganda is exactly what Sunstein craves.  His mentality is indistinguishable from the Bush mindset that led to these abuses, and he hardly tries to claim otherwise.  Indeed, he favorably cites both the covert Lincoln Park program as well as Paul Bremer’s closing of Iraqi newspapers which published stories the U.S. Government disliked, and justifies them as arguably necessary to combat “false conspiracy theories” in Iraq — the same goal Sunstein has for the U.S.Sunstein’s response to these criticisms is easy to find in what he writes, and is as telling as the proposal itself.  He acknowledges that some “conspiracy theories” previously dismissed as insane and fringe have turned out to be entirely true (his examples:  the CIA really did secretly administer LSD in “mind control” experiments; the DOD really did plot the commission of terrorist acts inside the U.S. with the intent to blame Castro; the Nixon White House really did bug the DNC headquarters).  Given that history, how could it possibly be justified for the U.S. Government to institute covert programs designed to undermine anti-government “conspiracy theories,” discredit government critics, and increase faith and trust in government pronouncements?  Because, says Sunstein, such powers are warranted only when wielded by truly well-intentioned government officials who want to spread The Truth and Do Good — i.e., when used by people like Cass Sunstein and Barack Obama
  • Throughout, we assume a well-motivated government that aims to eliminate conspiracy theories, or draw their poison, if and only if social welfare is improved by doing so. But it’s precisely because the Government is so often not “well-motivated” that such powers are so dangerous.  Advocating them on the ground that “we will use them well” is every authoritarian’s claim.  More than anything else, this is the toxic mentality that consumes our political culture:  when our side does X, X is Good, because we’re Good and are working for Good outcomes.  That was what led hordes of Bush followers to endorse the same large-government surveillance programs they long claimed to oppose, and what leads so many Obama supporters now to justify actions that they spent the last eight years opposing.
  • Consider the recent revelation that the Obama administration has been making very large, undisclosed payments to MIT Professor Jonathan Gruber to provide consultation on the President’s health care plan.  With this lucrative arrangement in place, Gruber spent the entire year offering public justifications for Obama’s health care plan, typically without disclosing these payments, and far worse, was repeatedly held out by the White House — falsely — as an “independent” or “objective” authority.  Obama allies in the media constantly cited Gruber’s analysis to support their defenses of the President’s plan, and the White House, in turn, then cited those media reports as proof that their plan would succeed.  This created an infinite “feedback loop” in favor of Obama’s health care plan which — unbeknownst to the public — was all being generated by someone who was receiving hundreds of thousands of dollars in secret from the administration (read this to see exactly how it worked).In other words, this arrangement was quite similar to the Armstrong Williams and Maggie Gallagher scandals which Democrats, in virtual lockstep, condemned.  Paul Krugman, for instance, in 2005 angrily lambasted right-wing pundits and policy analysts who received secret, undisclosed payments, and said they lack “intellectual integrity”; he specifically cited the Armstrong Williams case.  Yet the very same Paul Krugman last week attacked Marcy Wheeler for helping to uncover the Gruber payments by accusing her of being “just like the right-wingers with their endless supply of fake scandals.”  What is one key difference?  Unlike Williams and Gallagher, Jonathan Gruber is a Good, Well-Intentioned Person with Good Views — he favors health care — and so massive, undisclosed payments from the same administration he’s defending are dismissed as a “fake scandal.”
  • Sunstein himself — as part of his 2008 paper — explicitly advocates that the Government should pay what he calls “credible independent experts” to advocate on the Government’s behalf, a policy he says would be more effective because people don’t trust the Government itself and would only listen to people they believe are “independent.”  In so arguing, Sunstein cites the Armstrong Williams scandal not as something that is wrong in itself, but as a potential risk of this tactic (i.e., that it might leak out), and thus suggests that “government can supply these independent experts with information and perhaps prod them into action from behind the scenes,” but warns that “too close a connection will be self-defeating if it is exposed.”  In other words, Sunstein wants the Government to replicate the Armstrong Williams arrangement as a means of more credibly disseminating propaganda — i.e., pretending that someone is an “independent” expert when they’re actually being “prodded” and even paid “behind the scenes” by the Government — but he wants to be more careful about how the arrangement is described (don’t make the control explicit) so that embarrassment can be avoided if it ends up being exposed.  
  • In this 2008 paper, then, Sunstein advocated, in essence, exactly what the Obama administration has been doing all year with Gruber:  covertly paying people who can be falsely held up as “independent” analysts in order to more credibly promote the Government line.  Most Democrats agreed this was a deceitful and dangerous act when Bush did it, but with Obama and some of his supporters, undisclosed arrangements of this sort seem to be different.  Why?  Because, as Sunstein puts it:  we have “a well-motivated government” doing this so that “social welfare is improved.”  Thus, just like state secrets, indefinite detention, military commissions and covert, unauthorized wars, what was once deemed so pernicious during the Bush years — coordinated government/media propaganda — is instantaneously transformed into something Good.* * * * *What is most odious and revealing about Sunstein’s worldview is his condescending, self-loving belief that “false conspiracy theories” are largely the province of fringe, ignorant Internet masses and the Muslim world.  That, he claims, is where these conspiracy theories thrive most vibrantly, and he focuses on various 9/11 theories — both domestically and in Muslim countries — as his prime example.
  • It’s certainly true that one can easily find irrational conspiracy theories in those venues, but some of the most destructive “false conspiracy theories” have emanated from the very entity Sunstein wants to endow with covert propaganda power:  namely, the U.S. Government itself, along with its elite media defenders. Moreover, “crazy conspiracy theorist” has long been the favorite epithet of those same parties to discredit people trying to expose elite wrongdoing and corruption. Who is it who relentlessly spread “false conspiracy theories” of Saddam-engineered anthrax attacks and Iraq-created mushroom clouds and a Ba’athist/Al-Qaeda alliance — the most destructive conspiracy theories of the last generation?  And who is it who demonized as “conspiracy-mongers” people who warned that the U.S. Government was illegally spying on its citizens, systematically torturing people, attempting to establish permanent bases in the Middle East, or engineering massive bailout plans to transfer extreme wealth to the industries which own the Government?  The most chronic and dangerous purveyors of “conspiracy theory” games are the very people Sunstein thinks should be empowered to control our political debates through deceit and government resources:  namely, the Government itself and the Enlightened Elite like him.
  • It is this history of government deceit and wrongdoing that renders Sunstein’s desire to use covert propaganda to “undermine” anti-government speech so repugnant.  The reason conspiracy theories resonate so much is precisely that people have learned — rationally — to distrust government actions and statements.  Sunstein’s proposed covert propaganda scheme is a perfect illustration of why that is.  In other words, people don’t trust the Government and “conspiracy theories” are so pervasive precisely because government is typically filled with people like Cass Sunstein, who think that systematic deceit and government-sponsored manipulation are justified by their own Goodness and Superior Wisdom.
  • The point is that there are severe dangers to the Government covertly using its resources to “infiltrate” discussions and to shape political debates using undisclosed and manipulative means.  It’s called “covert propaganda” and it should be opposed regardless of who is in control of it or what its policy aims are. UPDATE II:  Ironically, this is the same administration that recently announced a new regulation dictating that “bloggers who review products must disclose any connection with advertisers, including, in most cases, the receipt of free products and whether or not they were paid in any way by advertisers, as occurs frequently.”  Without such disclosure, the administration reasoned, the public may not be aware of important hidden incentives (h/t pasquin).  Yet the same administration pays an MIT analyst hundreds of thousands of dollars to advocate their most controversial proposed program while they hold him out as “objective,” and selects as their Chief Regulator someone who wants government agents to covertly mold political discussions “anonymously or even with false identities.”
  • UPDATE III:  Just to get a sense for what an extremist Cass Sunstein is (which itself is ironic, given that his paper calls for ”cognitive infiltration of extremist groups,” as the Abstract puts it), marvel at this paragraph:
  • So Sunstein isn’t calling right now for proposals (1) and (2) — having Government ”ban conspiracy theorizing” or “impose some kind of tax on those who” do it — but he says “each will have a place under imaginable conditions.”  I’d love to know the “conditions” under which the government-enforced banning of conspiracy theories or the imposition of taxes on those who advocate them will “have a place.”  That would require, at a bare minumum, a repeal of the First Amendment.  Anyone who believes this should, for that reason alone, be barred from any meaningful government position.
  • Paul Merrell on 06 Apr 14
     
    This is a January 2010 article by Glenn Greenwald. The Sunstein paper referred to was published in 2008 and is at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585  Sunstein left the Obama Administration in 2012 and now teaches law at Harvard. He is the husband of U.S. Ambassador to the U.N. Susan Rice,a notorious neocon.  His paper is scholarly only in format. His major premises have no citations and in at least two cases are straw man logical fallacies that misportray the position of the groups he criticizes. This is "academic" work that a first-year-law student heading for a 1.0 grade point average could make mincemeat of. This paper alone would seem to disqualify him from a Supreme Court nomination and from teaching law. Has he never heard of the First Amendment and why didn't he bother to check whether it is legal to inflict propaganda on the American public? But strange things happen when you're a buddy of an American president. Most noteworthy, however, is that the paper unquestionably puts an advocate of waging psychological warfare against the foreign populations *and* the American public as the head of the White House White House OMB Office of Information and Regulatory Affairs from 2008 through 2012 and on Obama's short list for the Supreme Court. Given the long history of U.S. destabilization of foreign nations via propaganda, of foreign wars waged under false pretenses, of the ongoing barrage of false information disseminated by our federal government, can there be any reasonable doubt that the American public is not being manipulated by false propaganda disseminated by their own government?  An inquiring mind wants to know ...   
Gary Edwards

Jim Kunstler's 2014 Forecast - Burning Down The House | Zero Hedge - 0 views

www.zerohedge.com/...14-forecast-burning-down-house

Banksters

shared by Gary Edwards on 08 Jan 14 - No Cached
  • Gary Edwards on 08 Jan 14
     
    Incredible must read analysis. Take away: the world is going to go "medevil". It's the only way out of this mess. Since the zero hedge layout is so bad, i'm going to post as much of the article as Diigo will allow: Jim Kunstler's 2014 Forecast - Burning Down The House Submitted by Tyler Durden on 01/06/2014 19:36 -0500 Submitted by James H. Kunstler of Kunstler.com , Many of us in the Long Emergency crowd and like-minded brother-and-sisterhoods remain perplexed by the amazing stasis in our national life, despite the gathering tsunami of forces arrayed to rock our economy, our culture, and our politics. Nothing has yielded to these forces already in motion, so far. Nothing changes, nothing gives, yet. It's like being buried alive in Jell-O. It's embarrassing to appear so out-of-tune with the consensus, but we persevere like good soldiers in a just war. Paper and digital markets levitate, central banks pull out all the stops of their magical reality-tweaking machine to manipulate everything, accounting fraud pervades public and private enterprise, everything is mis-priced, all official statistics are lies of one kind or another, the regulating authorities sit on their hands, lost in raptures of online pornography (or dreams of future employment at Goldman Sachs), the news media sprinkles wishful-thinking propaganda about a mythical "recovery" and the "shale gas miracle" on a credulous public desperate to believe, the routine swindles of medicine get more cruel and blatant each month, a tiny cohort of financial vampire squids suck in all the nominal wealth of society, and everybody else is left whirling down the drain of posterity in a vortex of diminishing returns and scuttled expectations. Life in the USA is like living in a broken-down, cob-jobbed, vermin-infested house that needs to be gutted, disinfected, and rebuilt - with the hope that it might come out of the restoration process retaining the better qualities of our heritage.
Paul Merrell

Multiple Polls: Americans Are More Afraid of the GOVERNMENT than TERRORISTS Washington'... - 0 views

www.washingtonsblog.com/...overnment-than-terrorists.html

war & peace war on terror™ polls liberty security

shared by Paul Merrell on 26 May 15 - No Cached
  • According to a pair of recent polls, for the first time since the 9/11 terrorist hijackings, Americans are more fearful their government will abuse constitutional liberties than fail to keep its citizens safe. Even in the wake of the April 15 Boston Marathon bombing – in which a pair of Islamic radicals are accused of planting explosives that took the lives of 3 and wounded over 280 – the polls suggest Americans are hesitant to give up any further freedoms in exchange for increased “security.” A Fox News survey polling a random national sample of 619 registered voters the day after the bombing found despite the tragic event, those interviewed responded very differently than following 9/11. For the first time since a similar question was asked in May 2001, more Americans answered “no” to the question, “Would you be willing to give up some of your personal freedom in order to reduce the threat of terrorism?”
  • Of those surveyed on April 16, 2013, 45 percent answered no to the question, compared to 43 percent answering yes. In May 2001, before 9/11, the balance was similar, with 40 percent answering no to 33 percent answering yes. But following the terrorist attacks of 9/11, the numbers flipped dramatically, to 71 percent agreeing to sacrifice personal freedom to reduce the threat of terrorism. Subsequent polls asking the same question in 2002, 2005 and 2006 found Americans consistently willing to give up freedom in exchange for security. Yet the numbers were declining from 71 percent following 9/11 to only 54 percent by May 2006. Now, it would seem, the famous quote widely attributed to Benjamin Franklin – “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety” – is holding more sway with Americans than it has in over a dozen years.
  • A similar poll sampling 588 adults, conducted on April 17 and 18 for the Washington Post, also discovered the change in attitude. “Which worries you more,” the Post asked, “that the government will not go far enough to investigate terrorism because of concerns about constitutional rights, or that it will go too far in compromising constitutional rights in order to investigate terrorism?” The poll found 48 percent of respondents worry the government will go too far, compared to 41 percent who worry it won’t go far enough. And similar to the Fox News poll, the Post found the worry to be a fresh development, as only 44 percent worried the government would go too far in January 2006 and only 27 percent worried the government would go too far in January 2010.
  • ...5 more annotations...
  • The Fox News poll found that a bare majority of Democrats (51%) would give up more personal freedom to reduce the threat of terror, while only 47% of Republicans – and a mere 29% of independents – would do so. This is not entirely surprising. As we noted in February: For years, “conservative” pollsters have said that Americans are furious at the government: Rasmussen noted in 2010 that only a small minority of the American people think that the government has the consent of the governed, and that the sentiment was “pre-revolutionary” Gallup noted in 2011 that a higher percentage of American liked King George during the colonial days than currently like Congress
  • And last year, Gallup noted that trust was plummeting in virtually all institutions Liberals may be tempted to think that this is a slanted perspective. But non-partisan and liberal pollsters are saying the same thing: An NBC News/Wall Street Journal poll from 2011 found that 76% of Americans believe that the country’s current financial and political structures favor the rich over the rest of the country The Washington Post reported in 2011 that Congress was less popular than communism, BP during the Gulf oil spill or Nixon during Watergate
  • Public Policy Polling added last month that Congress is also less popular than cockroaches, lice, root canals, colonoscopies, traffic jams, used car salesman and Genghis Khan And the liberal Pew Charitable Trusts noted last week that – for the first time – a majority of the public says that the federal government threatens their personal rights and freedoms: The latest national survey by the Pew Research Center for the People & the Press, conducted Jan. 9-13 among 1,502 adults, finds that 53% think that the federal government threatens their own personal rights and freedoms while 43% disagree. In March 2010, opinions were divided over whether the government represented a threat to personal freedom; 47% said it did while 50% disagreed. In surveys between 1995 and 2003, majorities rejected the idea that the government threatened people’s rights and freedoms.
  • *** The survey finds continued widespread distrust in government. About a quarter of Americans (26%) trust the government in Washington to do the right thing just about always or most of the time; 73% say they can trust the government only some of the time or volunteer that they can never trust the government. *** Majorities across all partisan and demographic groups express little or no trust in government. Obviously, Democrats are currently more trusting in government than Republicans. For example: The Pew Research Center’s 2010 study of attitudes toward government found that, since the 1950s, the party in control of the White House has expressed more trust in government than the so-called “out party.”
  • But given that even a growing percentage of Dems believe that government is a threat to their freedom, things are indeed getting interesting … It doesn’t help that the government claims the power to assassinate American citizens living on U.S. soil, indefinitely detain Americans without trial, spy on everyone and otherwise intrude into every aspect of our lives. Postscript: What are the actual risks coming from government versus terrorism?  That’s an interesting question.
  • Paul Merrell on 26 May 15
     
    From 2013, not long after the Boston Bombing. I never had much respect for those willing to surrender my liberties so they could feel a bit more secure. "Security is mostly a superstition. It does not exist in nature, nor do the children of men as a whole experience it. Avoiding danger is no safer in the long run than outright exposure. Life is either a daring adventure, or nothing." Helen Keller, The Open Door (1957).
Gary Edwards

Google News - 0 views

news.google.com/?ar=1375391426

Libertarians freedom-liberty freedom-tyranny authoritarianism-individual-liberty

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria

Benghazi Benghazigate Benghazi-coverup

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

www.blacklistednews.com/...M.html

NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden Tyranny-by-Executive-Order spying

shared by Gary Edwards on 20 Aug 13 - No Cached
  • Gary Edwards on 20 Aug 13
     
    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Gary Edwards

I Am a Peaceful AR-15 Assault Rifle Owner by Marc J. Victor - 0 views

www.lewrockwell.com/...victor7.1.1.html

Libertarian Guns Culture-of-Violence

shared by Gary Edwards on 31 Dec 12 - No Cached
  • "Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurances and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference – they deserve a place of honor with all that's good." ~ George Washington
  • I am an American. As such, none of my rights depend on a showing of need. I am a free man who has the right to define and pursue my happiness in any peaceful way I see fit. The government does not grant me rights. I was born free. The legitimate role of government is to act as my agent to protect my rights; which exist independent of government. Americans do not beg the government for rights nor are they required to demonstrate a "need" for rights.
  • Government never has a more tempting opportunity to increase its size, power and scope, and to curtail the liberties of free people, than during or immediately after a crisis. Indeed, crisis is so tempting an opportunity for government that governments invent crisis whenever possible. This is why "emergency acts" and "wars" on anyone and anything are so popular for governments. Nothing entices people to stop thinking, act impulsively, and to relinquish liberties so easily as a "crisis" or a "tragedy" or an "emergency." We need to be smarter if liberty is to survive.
  • ...31 more annotations...
  • Banning Guns is Un-American and Immoral "And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; …" ~ Samuel Adams
  • The Idea of Banning Guns is Foolishness "They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." ~ Ben Franklin
  • The single biggest contributing factor to our culture of violence is that our society no longer adheres to the once basic notion that initiating force against non-aggressors is wrong
  • Although President Obama appears excited about the notion of banning guns, I have not heard him order a ban on the very guns used to protect him. Apparently, when it comes to his protection, President Obama prefers to be protected by people armed with guns. Indeed, I suspect none of these gun ban advocates would hesitate to call 911 and request help from people armed with guns if they were faced with an intruder in their homes in the middle of the night. I fail to understand why we can’t all agree that guns save lives.
  • Our Culture of Violence
  • "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!" ~ Benjamin Franklin
  • Gun Regulations Never Reduce Gun Violence and Usually Increase Violent Crime "The constitutions of most of our States assert that all power is inherent in the people; that … it is their right and duty to be at all times armed; … " ~ Thomas Jefferson
  • Our laws are replete with instances of legal trespass against peaceful people.
  • I prefer that my children are no longer unprotected sitting ducks at a federally mandated gun free zone in school.
  • We no longer recognize the sovereignty of the individual.
  • democracy is akin to mob rule.
  • Our spending on the drug war will soon be approaching 100 billion dollars per year.
  • Not only do guns remain widely available in Mexico, but their gun related homicide rate outpaces ours. The same can be said of all these drug war countries.
  • Mexico has some of the strictest gun control laws in the world. Its laws effectively prohibit gun ownership.
  • Rather than living in a democratic republic where most decisions are left to the property owner, we now have an unfettered democracy where anything goes so long as the majority of voters agree
  • "To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them." ~ Richard Henry Lee
  • Indeed, this law may have encouraged Mr. Lanza to work his horrific violence at the Sandy Hook Elementary School knowing federal law provides that nobody could have the capacity to stop him.
  • One unintended consequence of this federal law has been to create a guaranteed victim zone, comprised of children, who are unprotected sitting ducks for any deranged lunatic such as Mr. Lanza.
  • Our culture of violence is more directly attributable to anti-freedom government policies which diminish and disrespect the rights of the individual.
  • Here is a short list of some notable examples compiled by the Libertarian Party:
  • A 1997 high school shooting in Pearl, Mississippi was halted by the school's vice principal after he retrieved the Colt .45 he kept in his truck. A 1998 middle school shooting ended when a man living next door heard gunfire and apprehended the shooter with his shotgun. A 2002 terrorist attack at an Israeli school was quickly stopped by an armed teacher and a school guard. A 2002 law school shooting in Grundy, Virginia came to an abrupt conclusion when students carrying firearms confronted the shooter. A 2007 mall shooting in Ogden, Utah ended when an armed off-duty police officer intervened. A 2009 workplace shooting in Houston, Texas was halted by two co-workers who carried concealed handguns. A 2012 church shooting in Aurora, Colorado was stopped by a member of the congregation carrying a gun. At the recent mall shooting in Portland, Oregon the gunman took his own life minutes after being confronted by a shopper carrying a concealed weapon.
  • Three Reasons Americans Have a Right to Own Guns "Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?" ~ Patrick Henry
  • First, free people have a right to self defense.
  • The second reason for a right to keep and bear arms is to deter possible foreign invasions.
  • The founders of our nation believed people must always preserve their right to resistance and revolution against their own government. "And what country can preserve its liberties, if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants." ~ Thomas Jefferson.
  • Japanese Admiral Isoroku Yamamoto
  • The third reason for a right to keep and bear arms is, as Thomas Jefferson stated, "The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
  • "When the people fear the government, there is tyranny. When the government fears the people, there is liberty."
  • "You cannot invade the mainland United States. There would be a rifle behind every blade of grass"
  • In the 20th century alone, the death toll resulting from governments murdering their own disarmed citizens after guns were legally banned is estimated at 56 million.
  • "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen." ~ Samuel Adams
  • Gary Edwards on 31 Dec 12
     
    Excellent article on the importance of gun ownership in America.  The author is a defense attorney practicing law in Arizona.  He's also a war veteran and well versed libertarian.   Excerpts: "I am an American. As such, none of my rights depend on a showing of need. I am a free man who has the right to define and pursue my happiness in any peaceful way I see fit. The government does not grant me rights. I was born free. The legitimate role of government is to act as my agent to protect my rights; which exist independent of government. Americans do not beg the government for rights nor are they required to demonstrate a "need" for rights." "Government never has a more tempting opportunity to increase its size, power and scope, and to curtail the liberties of free people, than during or immediately after a crisis. Indeed, crisis is so tempting an opportunity for government that governments invent crisis whenever possible. This is why "emergency acts" and "wars" on anyone and anything are so popular for governments. Nothing entices people to stop thinking, act impulsively, and to relinquish liberties so easily as a "crisis" or a "tragedy" or an "emergency." We need to be smarter if liberty is to survive." "Although President Obama appears excited about the notion of banning guns, I have not heard him order a ban on the very guns used to protect him. Apparently, when it comes to his protection, President Obama prefers to be protected by people armed with guns. "
  • Paul Merrell on 01 Jan 13
     
    Excellent article other than the fact that the author erred in referring to the AR-15 as an "assault rifle." It is not. It is an "assault weapon," a semi-automatic rifle with only a cosmetic resemblance to the M-16 fully automatic "assault rifle." "Assault rifles" have been outlawed in the U.S. for decades. The U.S. had a complete ban on "assault weapon" rifles from 1994 to 2004. It did not affect gun violence rates at all, because semi-automatic rifles that lacked the cosmetic resemblance to "assault rifles" remained on the market. The distinction between the two terms is critical to understanding the current gun debate. Those who propose a ban on "assault weapons" are offering only a cosmetic sop to the anti-gun crowd, banning a sub-set of semi-automatic rifles whilst leaving equally capable semi-autos on the market. The correct question to ask is "why bother?" One might as well ban toy guns that bear a resemblance to assault weapons; other toy guns remain unaffected. For a more in depth discussion of "assault weapon" vs. "assault rifle" with references see http://en.wikipedia.org/wiki/Assault_weapon
Gary Edwards

Impeach Judge James Robart for violating sovereignty and Constitution - 0 views

www.conservativereview.com/...g-sovereignty-and-constitution

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 08 Feb 17 - No Cached
  • Gary Edwards on 08 Feb 17
     
    "It's still hard to believe we now live in a country where a district judge can demand that we bring in refugees from state sponsors of terror and failed states saturated with terrorists and no data systems during a time of war. It's almost unfathomable that a district judge, an institution created by Congress, can overturn long-standing refugee law and bar the federal government from prioritizing persecuted religious minorities for refugee resettlement. All in contravention to statute, numerous clauses of the Constitution, the social contract, the social compact, popular sovereignty, jurisdictional sovereignty, and 200 years of case law. If Obergefell redefined the building block of all civilization, Judge James Robart's ruling redefined the building block of a sovereign nation. It's hard to comprehend a judicial opinion more divorced from our Constitution, sovereignty, fundamental laws, founding values, history, and tradition. It's also hard to imagine an opinion that is of greater consequence - unless it is ignored. In the long run, Congress must strip the federal judiciary of their power grab and restore Congress' plenary power over immigration, as it was since our founding. However, in the meantime, it's time to make impeachment great again. Impeachment was a critical check on abuse of power   Before the growth of political parties killed the separation of powers, the tool of impeachment was regarded by our founders as one of the most effective ways of checking the executive and judicial branches of government. By my count, impeachment is referenced 58 times in the Federalist Papers and countless times during the Constitutional Convention. Impeachment [U.S.CONST. art. II, §4] was not only reserved for those who engage in criminal behavior. It was clearly designed to check abuse of power. As the Congressional Research Service observes, Congress has identified "improperly exceeding or abusing the powers of the office" as a criterion for
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

www.thenation.com/...wden-exile-exclusive-interview

surveillance state Snowden-interview

shared by Paul Merrell on 30 Oct 14 - No Cached
  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • ...14 more annotations...
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
  • Paul Merrell on 30 Oct 14
     
    Remarkable interview. Snowden finally gets asked some questions about politics. 
Paul Merrell

Security Experts Oppose Government Access to Encrypted Communication - The New York Times - 0 views

www.nytimes.com/...o-encrypted-communication.html

encryption government-backdoors expert-report

shared by Paul Merrell on 08 Jul 15 - No Cached
  • An elite group of security technologists has concluded that the American and British governments cannot demand special access to encrypted communications without putting the world’s most confidential data and critical infrastructure in danger.A new paper from the group, made up of 14 of the world’s pre-eminent cryptographers and computer scientists, is a formidable salvo in a skirmish between intelligence and law enforcement leaders, and technologists and privacy advocates. After Edward J. Snowden’s revelations — with security breaches and awareness of nation-state surveillance at a record high and data moving online at breakneck speeds — encryption has emerged as a major issue in the debate over privacy rights.
  • That has put Silicon Valley at the center of a tug of war. Technology companies including Apple, Microsoft and Google have been moving to encrypt more of their corporate and customer data after learning that the National Security Agency and its counterparts were siphoning off digital communications and hacking into corporate data centers.
  • Yet law enforcement and intelligence agency leaders argue that such efforts thwart their ability to monitor kidnappers, terrorists and other adversaries. In Britain, Prime Minister David Cameron threatened to ban encrypted messages altogether. In the United States, Michael S. Rogers, the director of the N.S.A., proposed that technology companies be required to create a digital key to unlock encrypted data, but to divide the key into pieces and secure it so that no one person or government agency could use it alone.The encryption debate has left both sides bitterly divided and in fighting mode. The group of cryptographers deliberately issued its report a day before James B. Comey Jr., the director of the Federal Bureau of Investigation, and Sally Quillian Yates, the deputy attorney general at the Justice Department, are scheduled to testify before the Senate Judiciary Committee on the concerns that they and other government agencies have that encryption technologies will prevent them from effectively doing their jobs.
  • ...2 more annotations...
  • The new paper is the first in-depth technical analysis of government proposals by leading cryptographers and security thinkers, including Whitfield Diffie, a pioneer of public key cryptography, and Ronald L. Rivest, the “R” in the widely used RSA public cryptography algorithm. In the report, the group said any effort to give the government “exceptional access” to encrypted communications was technically unfeasible and would leave confidential data and critical infrastructure like banks and the power grid at risk. Handing governments a key to encrypted communications would also require an extraordinary degree of trust. With government agency breaches now the norm — most recently at the United States Office of Personnel Management, the State Department and the White House — the security specialists said authorities could not be trusted to keep such keys safe from hackers and criminals. They added that if the United States and Britain mandated backdoor keys to communications, China and other governments in foreign markets would be spurred to do the same.
  • “Such access will open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend,” the report said. “The costs would be substantial, the damage to innovation severe and the consequences to economic growth hard to predict. The costs to the developed countries’ soft power and to our moral authority would also be considerable.”
  • Paul Merrell on 08 Jul 15
     
    Our system of government does not expect that every criminal will be apprehended and convicted. There are numerous values our society believes are more important. Some examples: [i] a presumption of innocence unless guilt is established beyond any reasonable doubt; [ii] the requirement that government officials convince a neutral magistrate that they have probable cause to believe that a search or seizure will produce evidence of a crime; [iii] many communications cannot be compelled to be disclosed and used in evidence, such as attorney-client communications, spousal communications, and priest-penitent communications; and [iv] etc. Moral of my story: the government needs a much stronger reason to justify interception of communications than saying, "some crooks will escape prosecution if we can't do that." We have a right to whisper to each other, concealing our communicatons from all others. Why does the right to whisper privately disappear if our whisperings are done electronically? The Supreme Court took its first step on a very slippery slope when it permitted wiretapping in Olmstead v. United States, 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). https://goo.gl/LaZGHt It's been a long slide ever since. It's past time to revisit Olmstead and recognize that American citizens have the absolute right to communicate privately. "The President … recognizes that U.S. citizens and institutions should have a reasonable expectation of privacy from foreign or domestic intercept when using the public telephone system." - Brent Scowcroft, U.S. National Security Advisor, National Security Decision Memorandum 338 (1 September 1976) (Nixon administration), http://www.fas.org/irp/offdocs/nsdm-ford/nsdm-338.pdf   
Paul Merrell

American Surveillance Now Threatens American Business - The Atlantic - 0 views

www.theatlantic.com/...382821

surveillance state NSA U.S. polls sense-of-privacy data privacy

shared by Paul Merrell on 23 Nov 14 - No Cached
  • What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   
  • A new study finds that a vast majority of Americans trust neither the government nor tech companies with their personal data.
  • What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   
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  • “It’s clear the global community of Internet users doesn’t like to be caught up in the American surveillance dragnet,” Senator Ron Wyden said last month. At the same event, Google chairman Eric Schmidt agreed with him. “What occurred was a loss of trust between America and other countries,” he said, according to the Los Angeles Times. “It's making it very difficult for American firms to do business.” But never mind the world. Americans don’t trust American social networks. More than half of the poll’s respondents said that social networks were “not at all secure. Only 40 percent of Americans believe email or texting is at least “somewhat” secure. Indeed, Americans trusted most of all communication technologies where some protections has been enshrined into the law (though the report didn’t ask about snail mail). That is: Talking on the telephone, whether on a landline or cell phone, is the only kind of communication that a majority of adults believe to be “very secure” or “somewhat secure.”
  • According to the study, 70 percent of Americans are “at least somewhat concerned” with the government secretly obtaining information they post to social networking sites. Eighty percent of respondents agreed that “Americans should be concerned” with government surveillance of telephones and the web. They are also uncomfortable with how private corporations use their data: Ninety-one percent of Americans believe that “consumers have lost control over how personal information is collected and used by companies,” according to the study. Eighty percent of Americans who use social networks “say they are concerned about third parties like advertisers or businesses accessing the data they share on these sites.” And even though they’re squeamish about the government’s use of data, they want it to regulate tech companies and data brokers more strictly: 64 percent wanted the government to do more to regulate private data collection. Since June 2013, American politicians and corporate leaders have fretted over how much the leaks would cost U.S. businesses abroad.
  • (That may seem a bit incongruous, because making a telephone call is one area where you can be almost sure you are being surveilled: The government has requisitioned mass call records from phone companies since 2001. But Americans appear, when discussing security, to differentiate between the contents of the call and data about it.) Last month, Ramsey Homsany, the general counsel of Dropbox, said that one big thing could take down the California tech scene. “We have built this incredible economic engine in this region of the country,” said Homsany in the Los Angeles Times, “and [mistrust] is the one thing that starts to rot it from the inside out.” According to this poll, the mistrust has already begun corroding—and is already, in fact, well advanced. We’ve always assumed that the great hurt to American business will come globally—that citizens of other nations will stop using tech companies’s services. But the new Pew data shows that Americans suspect American businesses just as much. And while, unlike citizens of other nations, they may not have other places to turn, they may stop putting sensitive or delicate information online.
Paul Merrell

Fukushima - A Global Threat That Requires a Global Response - 0 views

www.truth-out.org/...hat-requires-a-global-response

environment pollution radiation Fukushima disaster

shared by Paul Merrell on 26 Oct 13 - No Cached
  • The story of Fukushima should be on the front pages of every newspaper. Instead, it is rarely mentioned. The problems at Fukushima are unprecedented in human experience and involve a high risk of radiation events larger than any that the global community has ever experienced. It is going to take the best engineering minds in the world to solve these problems and to diminish their global impact. When we researched the realities of Fukushima in preparation for this article, words like apocalyptic, cataclysmic and Earth-threatening came to mind. But, when we say such things, people react as if we were the little red hen screaming "the sky is falling" and the reports are ignored. So, we’re going to present what is known in this article and you can decide whether we are facing a potentially cataclysmic event.
  • There are three major problems at Fukushima: (1) Three reactor cores are missing; (2) Radiated water has been leaking from the plant in mass quantities for 2.5 years; and (3) Eleven thousand spent nuclear fuel rods, perhaps the most dangerous things ever created by humans, are stored at the plant and need to be removed, 1,533 of those are in a very precarious and dangerous position. Each of these three could result in dramatic radiation events, unlike any radiation exposure humans have ever experienced.  We’ll discuss them in order, saving the most dangerous for last.
  • Missing reactor cores:  Since the accident at Fukushima on March 11, 2011, three reactor cores have gone missing.  There was an unprecedented three reactor ‘melt-down.’ These melted cores, called corium lavas, are thought to have passed through the basements of reactor buildings 1, 2 and 3, and to be somewhere in the ground underneath.  Harvey Wasserman, who has been working on nuclear energy issues for over 40 years, tells us that during those four decades no one ever talked about the possibility of a multiple meltdown, but that is what occurred at Fukushima.  It is an unprecedented situation to not know where these cores are. TEPCO is pouring water where they think the cores are, but they are not sure. There are occasional steam eruptions coming from the grounds of the reactors, so the cores are thought to still be hot. The concern is that the corium lavas will enter or may have already entered the aquifer below the plant. That would contaminate a much larger area with radioactive elements. Some suggest that it would require the area surrounding Tokyo, 40 million people, to be evacuated. Another concern is that if the corium lavas enter the aquifer, they could create a "super-heated pressurized steam reaction beneath a layer of caprock causing a major 'hydrovolcanic' explosion." A further concern is that a large reserve of groundwater which is coming in contact with the corium lavas is migrating towards the ocean at the rate of four meters per month. This could release greater amounts of radiation than were released in the early days of the disaster.
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  • Radioactive water leaking into the Pacific Ocean:  TEPCO did not admit that leaks of radioactive water were occurring until July of this year. Shunichi Tanaka the head of Japan’s Nuclear Regulation Authority finally told reporters this July that radioactive water has been leaking into the Pacific Ocean since the disaster hit over two years ago. This is the largest single contribution of radionuclides to the marine environment ever observed according to a report by the French Institute for Radiological Protection and Nuclear Safety.  The Japanese government finally admitted that the situation was urgent this September – an emergency they did not acknowledge until 2.5 years after the water problem began. How much radioactive water is leaking into the ocean? An estimated 300 tons (71,895 gallons/272,152 liters) of contaminated water is flowing into the ocean every day.  The first radioactive ocean plume released by the Fukushima nuclear power plant disaster will take three years to reach the shores of the United States.  This means, according to a new study from the University of New South Wales, the United States will experience the first radioactive water coming to its shores sometime in early 2014.
  • One month after Fukushima, the FDA announced it was going to stop testing fish in the Pacific Ocean for radiation.  But, independent research is showing that every bluefin tuna tested in the waters off California has been contaminated with radiation that originated in Fukushima. Daniel Madigan, the marine ecologist who led the Stanford University study from May of 2012 was quoted in the Wall Street Journal saying, "The tuna packaged it up (the radiation) and brought it across the world’s largest ocean. We were definitely surprised to see it at all and even more surprised to see it in every one we measured." Marine biologist Nicholas Fisher of Stony Brook University in New York State, another member of the study group, said: "We found that absolutely every one of them had comparable concentrations of cesium 134 and cesium 137." In addition, Science reports that fish near Fukushima are being found to have high levels of the radioactive isotope, cesium-134. The levels found in these fish are not decreasing,  which indicates that radiation-polluted water continues to leak into the ocean. At least 42 fish species from the area around the plant are considered unsafe.  South Korea has banned Japanese fish as a result of the ongoing leaks.
  • As bad as the ongoing leakage of radioactive water is into the Pacific, that is not the largest part of the water problem.  The Asia-Pacific Journal reported last month that TEPCO has 330,000 tons of water stored in 1,000 above-ground tanks and an undetermined amount in underground storage tanks.  Every day, 400 tons of water comes to the site from the mountains, 300 tons of that is the source for the contaminated water leaking into the Pacific daily. It is not clear where the rest of this water goes.   Each day TEPCO injects 400 tons of water into the destroyed facilities to keep them cool; about half is recycled, and the rest goes into the above-ground tanks. They are constantly building new storage tanks for this radioactive water. The tanks being used for storage were put together rapidly and are already leaking. They expect to have 800,000 tons of radioactive water stored on the site by 2016.  Harvey Wasserman warns that these unstable tanks are at risk of rupture if there is another earthquake or storm that hits Fukushima. The Asia-Pacific Journal concludes: "So at present there is no real solution to the water problem."
  • The most recent news on the water problem at Fukushima adds to the concerns. On October 11, 2013, TEPCO disclosed that the radioactivity level spiked 6,500 times at a Fukushima well.  "TEPCO said the findings show that radioactive substances like strontium have reached the groundwater. High levels of tritium, which transfers much easier in water than strontium, had already been detected." Spent Fuel Rods:  As bad as the problems of radioactive water and missing cores are, the biggest problem at Fukushima comes from the spent fuel rods.  The plant has been in operation for 40 years. As a result, they are storing 11 thousand spent fuel rods on the grounds of the Fukushima plant. These fuel rods are composed of highly radioactive materials such as plutonium and uranium. They are about the width of a thumb and about 15 feet long. The biggest and most immediate challenge is the 1,533 spent fuel rods packed tightly in a pool four floors above Reactor 4.  Before the storm hit, those rods had been removed for routine maintenance of the reactor.  But, now they are stored 100 feet in the air in damaged racks.  They weigh a total of 400 tons and contain radiation equivalent to 14,000 times the amount released by the Hiroshima atomic bomb.
  • The building in which these rods are stored has been damaged. TEPCO reinforced it with a steel frame, but the building itself is buckling and sagging, vulnerable to collapse if another earthquake or storm hits the area. Additionally, the ground under and around the building is becoming saturated with water, which further undermines the integrity of the structure and could cause it to tilt. How dangerous are these fuel rods?  Harvey Wasserman explains that the fuel rods are clad in zirconium which can ignite if they lose coolant. They could also ignite or explode if rods break or hit each other. Wasserman reports that some say this could result in a fission explosion like an atomic bomb, others say that is not what would happen, but agree it would be "a reaction like we have never seen before, a nuclear fire releasing incredible amounts of radiation," says Wasserman. These are not the only spent fuel rods at the plant, they are just the most precarious.  There are 11,000 fuel rods scattered around the plant, 6,000 in a cooling pool less than 50 meters from the sagging Reactor 4.  If a fire erupts in the spent fuel pool at Reactor 4, it could ignite the rods in the cooling pool and lead to an even greater release of radiation. It could set off a chain reaction that could not be stopped.
  • What would happen? Wasserman reports that the plant would have to be evacuated.  The workers who are essential to preventing damage at the plant would leave, and we will have lost a critical safeguard.  In addition, the computers will not work because of the intense radiation. As a result we would be blind - the world would have to sit and wait to see what happened. You might have to not only evacuate Fukushima but all of the population in and around Tokyo, reports Wasserman.  There is no question that the 1,533 spent fuel rods need to be removed.  But Arnie Gundersen, a veteran nuclear engineer and director of Fairewinds Energy Education, who used to build fuel assemblies, told Reuters "They are going to have difficulty in removing a significant number of the rods." He described the problem in a radio interview: "If you think of a nuclear fuel rack as a pack of cigarettes, if you pull a cigarette straight up it will come out — but these racks have been distorted. Now when they go to pull the cigarette straight out, it’s going to likely break and release radioactive cesium and other gases, xenon and krypton, into the air. I suspect come November, December, January we’re going to hear that the building’s been evacuated, they’ve broke a fuel rod, the fuel rod is off-gassing."
  • Wasserman builds on the analogy, telling us it is "worse than pulling cigarettes out of a crumbled cigarette pack." It is likely they used salt water as a coolant out of desperation, which would cause corrosion because the rods were never meant to be in salt water.  The condition of the rods is unknown. There is debris in the coolant, so there has been some crumbling from somewhere. Gundersen  adds, "The roof has fallen in, which further distorted the racks," noting that if a fuel rod snaps, it will release radioactive gas which will require at a minimum evacuation of the plant. They will release those gases into the atmosphere and try again. The Japan Times writes: "The consequences could be far more severe than any nuclear accident the world has ever seen. If a fuel rod is dropped, breaks or becomes entangled while being removed, possible worst case scenarios include a big explosion, a meltdown in the pool, or a large fire. Any of these situations could lead to massive releases of deadly radionuclides into the atmosphere, putting much of Japan — including Tokyo and Yokohama — and even neighboring countries at serious risk."  
  • This is not the usual moving of fuel rods.  TEPCO has been saying this is routine, but in fact it is unique – a feat of engineering never done before.  As Gundersen says: "Tokyo Electric is portraying this as easy. In a normal nuclear reactor, all of this is done with computers. Everything gets pulled perfectly vertically. Well nothing is vertical anymore, the fuel racks are distorted, it’s all going to have to be done manually. The net effect is it’s a really difficult job. It wouldn’t surprise me if they snapped some of the fuel and they can’t remove it." Gregory Jaczko, Former Chairman of the U.S. Nuclear Regulatory Commission concurs with Gundersen describing the removal of the spent fuel rods as "a very significant activity, and . . . very, very unprecedented." Wasserman sums the challenge up: "We are doing something never done before – bent, crumbling, brittle fuel rods being removed from a pool that is compromised, in a building that is sinking, sagging and buckling, and it all must done under manual control, not with computers."  And the potential damage from failure would affect hundreds of millions of people.
  • The first thing that is needed is to end the media blackout.  The global public needs to be informed about the issues the world faces from Fukushima.  The impacts of Fukushima could affect almost everyone on the planet, so we all have a stake in the outcome.  If the public is informed about this problem, the political will to resolve it will rapidly develop. The nuclear industry, which wants to continue to expand, fears Fukushima being widely discussed because it undermines their already weak economic potential.  But, the profits of the nuclear industry are of minor concern compared to the risks of the triple Fukushima challenges. 
  • The second thing that must be faced is the incompetence of TEPCO.  They are not capable of handling this triple complex crisis. TEPCO "is already Japan’s most distrusted firm" and has been exposed as "dangerously incompetent."  A poll found that 91 percent of the Japanese public wants the government to intervene at Fukushima. Tepco’s management of the stricken power plant has been described as a comedy of errors. The constant stream of mistakes has been made worse by constant false denials and efforts to minimize major problems. Indeed the entire Fukushima catastrophe could have been avoided: "Tepco at first blamed the accident on ‘an unforeseen massive tsunami’ triggered by the Great East Japan Earthquake on March 11, 2011. Then it admitted it had in fact foreseen just such a scenario but hadn’t done anything about it."
  • The reality is Fukushima was plagued by human error from the outset.  An official Japanese government investigation concluded that the Fukushima accident was a "man-made" disaster, caused by "collusion" between government and Tepco and bad reactor design. On this point, TEPCO is not alone, this is an industry-wide problem. Many US nuclear plants have serious problems, are being operated beyond their life span, have the same design problems and are near earthquake faults. Regulatory officials in both the US and Japan are too corruptly tied to the industry. Then, the meltdown itself was denied for months, with TEPCO claiming it had not been confirmed.  Japan Times reports that "in December 2011, the government announced that the plant had reached ‘a state of cold shutdown.’ Normally, that means radiation releases are under control and the temperature of its nuclear fuel is consistently below boiling point."  Unfortunately, the statement was false – the reactors continue to need water to keep them cool, the fuel rods need to be kept cool – there has been no cold shutdown.
  • TEPCO has done a terrible job of cleaning up the plant.  Japan Times describes some of the problems: "The plant is being run on makeshift equipment and breakdowns are endemic. Among nearly a dozen serious problems since April this year there have been successive power outages, leaks of highly radioactive water from underground water pools — and a rat that chewed enough wires to short-circuit a switchboard, causing a power outage that interrupted cooling for nearly 30 hours. Later, the cooling system for a fuel-storage pool had to be switched off for safety checks when two dead rats were found in a transformer box."  TEPCO has been constantly cutting financial corners and not spending enough to solve the challenges of the Fukushima disaster resulting in shoddy practices that cause environmental damage. Washington’s Blog reports that the Japanese government is spreading radioactivity throughout Japan – and other countries – by burning radioactive waste in incinerators not built to handle such toxic substances. Workers have expressed concerns and even apologized for following order regarding the ‘clean-up.’
  • Indeed, the workers are another serious concern. The Guardian reported in October 2013 the plummeting morale of workers, problems of alcohol abuse, anxiety, loneliness, Post-Traumatic Stress Disorder and depression. TEPCO cut the pay of its workers by 20 percent in 2011 to save money even though these workers are doing very difficult work and face constant problems. Outside of work, many were traumatized by being forced to evacuate their homes after the Tsunami; and they have no idea how exposed to radiation they have been and what health consequences they will suffer. Contractors are hired based on the lowest bid, resulting in low wages for workers. According to the Guardian, Japan's top nuclear regulator, Shunichi Tanaka, told reporters: "Mistakes are often linked to morale. People usually don't make silly, careless mistakes when they're motivated and working in a positive environment. The lack of it, I think, may be related to the recent problems." The history of TEPCO shows we cannot trust this company and its mistreated workforce to handle the complex challenges faced at Fukushima. The crisis at Fukushima is a global one, requiring a global solution.
  • In an open letter to the United Nations, 16 top nuclear experts urged the government of Japan to transfer responsibility for the Fukushima reactor site to a worldwide engineering group overseen by a civil society panel and an international group of nuclear experts independent from TEPCO and the International Atomic Energy Administration , IAEA. They urge that the stabilization, clean-up and de-commissioning of the plant be well-funded. They make this request with "urgency" because the situation at the Fukushima plant is "progressively deteriorating, not stabilizing." 
  • The problems at Fukushima are in large part about facing reality – seeing the challenges, risks and potential harms from the incident. It is about TEPCO and Japan facing the reality that they are not equipped to handle the challenges of Fukushima and need the world to join the effort. 
  • Paul Merrell on 26 Oct 13
     
    Excellent roundup of evidence that the Fukushima disaster recovery process has gone badly awry and is devolving quickly to looming further disasters. Political momentum is gathering to wrest the recovery efforts away from the Japanese government and to place its leadership in the hands of an international group of experts. The disaster was far worse than its portrayal in mainstream media, is continuing, and even worse secondary disasters now loom. 
Paul Merrell

Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

www2.gwu.edu/...20150318

Hillary Auction 2016 email-scandal State-Dept. gov't.-CIOs

shared by Paul Merrell on 19 Mar 15 - No Cached
  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
  • Paul Merrell on 19 Mar 15
     
    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

www2.gwu.edu/...20140324

surveillance state NSA Rosemary-Award Obama Clapper Alexander

shared by Paul Merrell on 24 Mar 14 - No Cached
  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
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  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
Paul Merrell

Americans' Trust in Executive, Legislative Branches Down - 0 views

www.gallup.com/...legislative-branches-down.aspx

U.S. politics polls trust-in-government

shared by Paul Merrell on 15 Sep 14 - No Cached
  • Americans' trust in each of the three branches of the federal government is at or near the lows in Gallup's trends, dating back to the early 1970s. Americans' trust in the legislative branch fell six percentage points this year to a new low of 28%. Trust in the executive branch dropped eight points, to 43%, and trust in the judicial branch, at 61%, is also the lowest measured to date.
  • The data are part of Gallup's annual update on trust in government, conducted in the Sept. 4-7 Governance poll. Gallup previously documented that Americans' trust in the federal government to handle both domestic and international problems slid to new lows this year.
Paul Merrell

The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions | Just S... - 0 views

www.justsecurity.org/...ware-licenses-judges-questions

surveillance state iPhone EULA warrant encryption-bypass

shared by Paul Merrell on 02 Nov 15 - No Cached
  • Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant. In an order questioning the government’s purported legal basis for this request, the All Writs Act of 1789 (AWA), Judge Orenstein asked Apple for a brief informing the court whether the request would be technically feasible and/or burdensome. After Apple filed, the court asked it to file a brief discussing whether the government had legal grounds under the AWA to compel Apple’s assistance. Apple filed that brief and the government filed a reply brief last week in the lead-up to a hearing this morning.
  • We’ve long been concerned about whether end users own software under the law. Software owners have rights of adaptation and first sale enshrined in copyright law. But software publishers have claimed that end users are merely licensees, and our rights under copyright law can be waived by mass-market end user license agreements, or EULAs. Over the years, Granick has argued that users should retain their rights even if mass-market licenses purport to take them away. The government’s brief takes advantage of Apple’s EULA for iOS to argue that Apple, the software publisher, is responsible for iPhones around the world. Apple’s EULA states that when you buy an iPhone, you’re not buying the iOS software it runs, you’re just licensing it from Apple. The government argues that having designed a passcode feature into a copy of software which it owns and licenses rather than sells, Apple can be compelled under the All Writs Act to bypass the passcode on a defendant’s iPhone pursuant to a search warrant and thereby access the software owned by Apple. Apple’s supplemental brief argues that in defining its users’ contractual rights vis-à-vis Apple with regard to Apple’s intellectual property, Apple in no way waived its own due process rights vis-à-vis the government with regard to users’ devices. Apple’s brief compares this argument to forcing a car manufacturer to “provide law enforcement with access to the vehicle or to alter its functionality at the government’s request” merely because the car contains licensed software. 
  • This is an interesting twist on the decades-long EULA versus users’ rights fight. As far as we know, this is the first time that the government has piggybacked on EULAs to try to compel software companies to provide assistance to law enforcement. Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)
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  • The government’s brief does not acknowledge the sweeping implications of its arguments. It tries to portray its requested unlocking order as narrow and modest, because it “would not require Apple to make any changes to its software or hardware, … [or] to introduce any new ability to access data on its phones. It would simply require Apple to use its existing capability to bypass the passcode on a passcode-locked iOS 7 phone[.]” But that undersells the implications of the legal argument the government is making: that anything a company already can do, it could be compelled to do under the All Writs Act in order to assist law enforcement. Were that the law, the blow to users’ trust in their encrypted devices, services, and products would be little different than if Apple and other companies were legally required to design backdoors into their encryption mechanisms (an idea the government just can’t seem to drop, its assurances in this brief notwithstanding). Entities around the world won’t buy security software if its makers cannot be trusted not to hand over their users’ secrets to the US government. That’s what makes the encryption in iOS 8 and later versions, which Apple has told the court it “would not have the technical ability” to bypass, so powerful — and so despised by the government: Because no matter how broadly the All Writs Act extends, no court can compel Apple to do the impossible.
Gary Edwards

About the Reuters article | Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

www.guardian.co.uk/...ters-article-dead-man-s-switch

Glenn-Greenwald Edward-Snowden NSA-Whistleblower

shared by Gary Edwards on 14 Jul 13 - No Cached
  • (just incidentally, the notion that a government that has spent the last decade invading, bombing, torturing, rendering, kidnapping, imprisoning without charges, droning, partnering with the worst dictators and murderers, and targeting its own citizens for assassination would be above such conduct is charmingly quaint
  • three points in this La Nacion interview, all of which are true and none of which has anything remotely to do with threats:
  • 1) The oft-repeated claim that Snowden's intent is to harm the US is completely negated by the reality that he has all sorts of documents that could quickly and seriously harm the US if disclosed, yet he has published none of those.
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  • If his intent were to harm the US, he could have sold all the documents he had for a great deal of money, or indiscriminately published them, or passed them to a foreign adversary. He did none of that.
  • The overwhelming majority of his disclosures were to blow the whistle on US government deceit and radical, hidden domestic surveillance.
  • 2) The US government has acted with wild irrationality. The current criticism of Snowden is that he's in Russia. But the reason he's in Russia isn't that he chose to be there. It's because the US blocked him from leaving: first by revoking his passport (with no due process or trial), then by pressuring its allies to deny airspace rights to any plane they thought might be carrying him to asylum (even one carrying the democratically elected president of a sovereign state), then by bullying small countries out of letting him land for re-fueling.
  • Given the extraordinary amount of documents he has and their sensitivity, I pointed out in the interview that it is incredibly foolish for the US government to force him to remain in Russia.
  • 3) I was asked whether I thought the US government would take physical action against him if he tried to go to Latin America or even force his plane down. That's when I said that doing so would be completely counter-productive given that - as has been reported before - such an attack could easily result in far more disclosures than allowing us as journalists to vet and responsibly report them, as we've doing.
  • As a result of the documents he has, I said in the interview, the US government should be praying for his safety, not threatening or harming it.
  • Compare the attention paid to Snowden's asylum drama and alleged personality traits to the attention paid to the disclosures about mass, indiscriminate NSA spying. Or compare the media calls that Snowden (and others who worked to expose mass NSA surveillance) be treated like a criminal to the virtually non-existent calls that Director of National Intelligence James Clapper be treated like a criminal for lying to Congress.
  • This "threat" fiction is just today's concoction to focus on anything but the revelations about US government lying to Congress and constitutionally and legally dubious NSA spying.
  • this only happens in the US: everywhere else, the media attention and political focus is on NSA surveillance, while US media figures are singularly obsessed with focusing on everything but that.
  • Yesterday, it was something else, and tomorrow it will be something else again.
  • There are all sorts of ways that Snowden could have chosen to make these documents be public. He chose the most responsible way possible: coming to media outlets and journalists he trusted and asking that they be reported on responsibly.
  • The effort to depict him as some sort of malicious traitor is completely negated by the facts. That was the point of the interview.
  • Gary Edwards on 14 Jul 13
     
    Excellent explanation by Glenn Greenwald. intro: Like everything in the matter of these NSA leaks, this interview is being wildly distorted to attract attention away from the revelations themselves. It's particularly being seized on to attack Edward Snowden and, secondarily, me, for supposedly "blackmailing" and "threatening" the US government. That is just absurd. That Snowden has created some sort of "dead man's switch" - whereby documents get released in the event that he is killed by the US government - was previously reported weeks ago, and Snowden himself has strongly implied much the same thing. That doesn't mean he thinks the US government is attempting to kill him - he doesn't - just that he's taken precautions against all eventualities, including that one (just incidentally, the notion that a government that has spent the last decade invading, bombing, torturing, rendering, kidnapping, imprisoning without charges, droning, partnering with the worst dictators and murderers, and targeting its own citizens for assassination would be above such conduct is charmingly quaint).
Gary Edwards

Newt Gingrich: 15 Things You Don't Know About Him - 1 views

www.thefiscaltimes.com/...s-You-Dont-Know-About-Him.aspx

Newt-Gingrich Libertarians Ron-Paul Reagan-Constitutional-Conservative Banksters Liberty-Tryanny

shared by Gary Edwards on 17 Dec 11 - No Cached
  • Gary Edwards on 17 Dec 11
     
    Good article on Newt; covers the good, the bad, and the ugly.  Personally i don't trust Newt.  As former repubican senator Jim Talent of Missouri says, "He's not a reliable and trusted conservative leader".  Strangely, Talent supports Romney. And there is nothing conservative about Romney.   The one thing i do like about Newt is that he is a bomb thrower extraordinaire.  There isn't a Libertarian (moi), conservative, or Constitutional conservative anywhere that wouldn't love to see Newt in the ring with Obama, hammering his Marxist ass without mercy.  But i'm not so sure that that desire is enough to overcome the serious character flaws and self centered egotistical baggage Newt hauls around.  He proves time and again that he lacks the core values of a true conservative, including dedication to the upholding the Constitution and Rule of Law. Funny though that a valueless establishment repubican "we can manage big government more efficiently and make it work" guy like Romney is attacking Newt as not being a true conservative?  What does that make Romney?  At least Newt can point to the awesome Contract with America repubican take over of Congress - after 40 years in the wilderness. Even though Ron Paul has lost it on foreign policy, i continue to send money.  My switch from Reagan Constitutional Conservative to Libertarian has "nearly" everything to do with the 2008 financial collapse, and the years of research and study that followed.   I say "nearly" because i just couldn't pull the trigger until unexpectedly i found myself in a Bloomberg discussion questioning my support for Herman Cain.  Sadly, Herman supports the Federal Reserve, including full approval of both Greenspan and Bernacke policies that have destroyed the US dollar and enabled the Banksters to run off with over $29 Trillion of our money.  Of course, this is an indefensible and inexcusable position.  The Libertarian's in the discussion pointed out that the problems this country faces cann
  • Gary Edwards on 17 Dec 11
     
    disclosure: I met Cokie and Steve Roberts at an intimate house party in NH. Probably in 1991. Very nice people but they are full blown unionist-socialist-progressives iron bent on the European Socialism model. Not Constitutionalist in any way shape of form. Certainly not Constitutional Capitalist or free market types either.
Paul Merrell

John McCain, Conductor of the "Arab Spring" and the Caliph , by Thierry Meyssan - 0 views

www.voltairenet.org/article185085.html

war & peace Iraq Syria U.S.-foreign-policy ISIL McCain NED Benghazi Arab Spring

shared by Paul Merrell on 27 Aug 14 - No Cached
  • Everyone has noticed the contradiction of those who recently characterized the Islamic Emirate as "freedom fighters" in Syria and who are indignant today faced with its abuses in Iraq. But if that speech is incoherent in itself, it makes perfect sense in the strategic plan: the same individuals were to be presented as allies yesterday and must be as enemies today, even if they are still on orders from Washington. Thierry Meyssan reveals below US policy through the particular case of Senator John McCain, conductor of the "Arab Spring" and longtime partner of Caliph Ibrahim.
  • ohn McCain is known as the leader of the Republicans and unhappy 2008 US presidential candidate. This is, we will see, only the real part of his biography, which serves as a cover to conduct covert actions on behalf of his government. When I was in Libya during the "Western"attack, I was able to view a report of the foreign intelligence services. It stated that, on February 4, 2011 in Cairo, NATO organized a meeting to launch the "Arab Spring" in Libya and Syria. According to this document, the meeting was chaired by John McCain. The report detailed the list of Libyan participants, whose delegation was led by the No. 2 man of the government of the day, Mahmoud Jibril, who abruptly switched sides at the entrance of the meeting to become the opposition leader in exile. I remember that, among the French delegates present, the report quoted Bernard-Henry Lévy, although officially he had never exercised functions within the French government. Many other personalities attended the symposium, including a large delegation of Syrians living abroad.
  • Emerging from the meeting, the mysterious Syrian Revolution 2011 Facebook account called for demonstrations outside the People’s Council (National Assembly) in Damascus on February 11. Although this Facebook account at the time claimed to have more than 40,000 followers, only a dozen people responded to its call before the flashes of photographers and hundreds of police. The demonstration dispersed peacefully and clashes only began more than a month later in Deraa. [1] On February 16, 2011, a demonstration underway in Benghazi, in memory of members of the Islamic Fighting Group in Libya [2] massacred in 1996 in the Abu Selim prison, degenerated into shooting. The next day, a second event, this time in memory of those who died by attacking the Danish consulate during the Muhammad cartoons affair, also degenerated into shooting. At the same time, members of the Islamic Fighting Group in Libya ,coming from Egypt and coordinated by unidentified, hooded individuals, simultaneously attacked four military bases in four different cities. After three days of fighting and atrocities, the rebels launched the uprising of Cyrenaica against Tripolitania [3]; a terrorist attack that the western press falsely presented as a "democratic revolution" against "the regime" of Muammar el-Qaddafi.
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  • On February 22nd, John McCain was in Lebanon. He met members of the Future Movement (the party of Saad Hariri) whom he charged to oversee the transfer of arms to Syria around the MP Okab Sakr [4]. Then, leaving Beirut, he inspected the Syrian border and the selected villages including Ersal, which were used as a basis to back mercenaries in the war to come. The meetings chaired by John McCain were clearly the trigger point for a long-prepared Washington plan; the plan that would have the UK and France attack Libya and Syria simultaneously, following the doctrine of "leadership from behind" and the annex of the Treaty of Lancaster House of November 2010. [5]
  • In May 2013, Senator John McCain made his way illegally to near Idleb in Syria via Turkey to meet with leaders of the "armed opposition". His trip was not made public until his return to Washington. [6] This movement was organized by the Syrian Emergency Task Force, which, contrary to its title, is a Zionist Organization led by a Palestinian employee of AIPAC [7]
  • John McCain in Syria. In the foreground at right is the director of the Syrian Emergency Task Force. In the doorway, center, Mohammad Nour.
  • In photographs released at that time, one noticed the presence of Mohammad Nour, a spokesman for the Northern Storm Brigade (of the Al-Nosra Front, that is to say, al-Qaeda in Syria), who kidnapped and held 11 Lebanese Shiite pilgrims in Azaz. [8] Asked about his proximity to al-Qaeda kidnappers, the Senator claimed not to know Mohammad Nour who would have invited himself into this photo. The affair made a great noise and the families of the abducted pilgrims lodged a complaint before the Lebanese judiciary against Senator McCain for complicity in kidnapping. Ultimately, an agreement was reached and the pilgrims were released. Let’s suppose that Senator McCain had told the truth and that he was abused by Mohammad Nour. The object of his illegal trip to Syria was to meet the chiefs of staff of the Free Syrian Army. According to him, the organization was composed "exclusively of Syrians" fighting for "their freedom" against the "Alouite dictatorship” (sic). The tour organizers published this photograph to attest to the meeting.
  • John McCain and the heads of the Free Syrian Army. In the left foreground, Ibrahim al-Badri, with which the Senator is talking. Next, Brigadier General Salim Idris (with glasses).
  • If we can see Brigadier General Idriss Salem, head of the Free Syrian Army, one can also see Ibrahim al-Badri (foreground on the left) with whom the senator is talking. Back from the surprise trip, John McCain claimed that all those responsible for the Free Syrian Army were "moderates who can be trusted" (sic).
  • he list of interventions by John McCain on behalf of the State Department is impressive. He participated in all the color revolutions of the last twenty years.
  • For my part, I have always said that there was no difference on the ground between the Free Syrian Army, Al-Nosra Front, the Islamic Emirate etc ... All these organizations are composed of the same individuals who continuously change flag. When they pose as the Free Syrian Army, they fly the flag of French colonization and speak only of overthrowing the "dog Bashar." When they say they belong to Al-Nosra Front, they carry the flag of al Qaeda and declare their intention to spread Islam in the world. Finally when they say they are the Islamic Emirate, they brandish the flag of the Caliphate and announce that they will clean the area of all infidels. But whatever the label, they proceed to the same abuses: rape, torture, beheadings, crucifixions. Yet neither Senator McCain nor his companions of the Syrian Emergency Task Force provided the information in their possession on Ibrahim al-Badri to the State Department, nor have they asked for the reward. Nor have they informed the anti-terrorism Committee of the UN.
  • But John McCain is not just the leader of the political opposition to President Obama, he is also one of his senior officials! He is in fact President of the International Republican Institute (IRI), the republican branch of NED / CIA [12], since January 1993. This so-called "NGO" was officially established by President Ronald Reagan to extend certain activities of the CIA, in connection with the British, Canadian and Australian secret services. Contrary to its claims, it is indeed an inter-governmental agency. Its budget is approved by Congress in a budget line dependent of the Secretary of State. It is also because it is a joint agency of the Anglo-Saxon secret services that several states in the world prohibit it from any activity on their territory.
  • However, since October 4, 2011, Ibrahim al-Badri (also known as Abu Du’a) was on the list of the five terrorists most wanted by the United States (Rewards for Justice). A premium of up to $ 10 million was offered to anyone who would assist in his capture. [9] The next day, October 5, 2011, Ibrahim al-Badri was included in the list of the Sanctions Committee of the UN as a member of Al Qaeda. [10] In addition, a month before receiving Senator McCain, Ibrahim al-Badri, known under his nom de guerre as Abu Bakr al-Baghdadi, created the Islamic State in Iraq and the Levant (ÉIIL) – all the while still belonging to the staff of the very "moderate" Free Syrian Army. He claimed as his own the attack on the Taj and Abu Ghraib prisons in Iraq, from which he helped between 500 and 1,000 jihadists escape who then joined his organization. This attack was coordinated with other almost simultaneous operations in eight other countries. Each time, the escapees joined the jihadist organizations fighting in Syria. This case is so strange that Interpol issued a note and requested the assistance of the 190 member countries. [11]
  • And an agent that has the best coverage imaginable: he is the official opponent of Barack Obama. As such, he can travel anywhere in the world (he is the most traveled US senator) and meet whoever he wants without fear. If his interlocutors approve Washington policy, he promised them to continue it, if they fight it, he hands over the responsibility to President Obama.
  • In 2003, France’s opposition was not enough to offset the influence of the Committee for the Liberation of Iraq. The United States attacked the country again and this time overthrew President Hussein. Of course, John McCain was a major contributor to the Committee. After handing to a private company the care of plundering the country for a year [17], they tried to partition Iraq into three separate states, but had to give it up due to the resistance of the population. They tried again in 2007, around the Biden-Brownback resolution, but again failed. [18] Hence the current strategy that attempts to achieve this by means of a non-state actor: the Islamic Emirate.
  • The operation was planned well in advance, even before the meeting between John McCain and Ibrahim al-Badri. For example, internal correspondence from the Qatari Ministry of Foreign Affairs, published by my friends James and Joanne Moriarty [19], shows that 5,000 jihadis were trained at the expense of Qatar in NATO’s Libya in 2012, and 2,5 million dollars was paid at the same time to the future Caliph. In January of 2014, the Congress of the United States held a secret meeting at which it voted, in violation of international law, to approve funding for the Al-Nosra Front (Al-Qaeda) and the Islamic emirate in Iraq and the Levant until September 2014. [20] Although it is unclear precisely what was really agreed to during this meeting revealed by the British Reuters news agency [21], and no media US media dared bypass censorship, it is highly probable that the law includes a section on arming and training jihadists.
  • Proud of this US funding, Saudi Arabia has claimed on its public television channel, Al-Arabiya, that the Islamic Emirate was headed by Prince Abdul Rahman al-Faisal, brother of Prince Saud al Faisal (Foreign Minister) and Prince Turki al-Faisal (Saudi ambassador to the United States and the United Kingdom) [22]. The Islamic Emirate represents a new step in the world of mercenaries. Unlike jihadi groups who fought in Afghanistan, Bosnia-Herzegovina and Chechnya around Osama bin Laden, it does not constitute a residual force but actually an army in itself. Unlike previous groups in Iraq, Libya and Syria, around Prince Bandar bin Sultan, they have sophisticated communication services at their disposal for recruitment and civilian officials trained in large western schools capable of instantly taking over the administration of a territory.
  • Brand new Ukrainian weapons were purchased by Saudi Arabia and conveyed by the Turkish secret services who gave them to the Islamic Emirate. Final details were coordinated with the Barzani family at a meeting of jihadist groups in Amman on 1 June 2014. [23] The joint attack on Iraq by the Islamic Emirate and the Kurdistan Regional Government began four days later. The Islamic Emirate seized the Sunni part of the country, while the Kurdistan Regional Government increased its territory by over 40%. Fleeing the atrocities of jihadists, religious minorities left the Sunni area, paving the way for the three-way partition of the country. Violating the Iraqi-US Defense agreement, the Pentagon did not intervene and allowed the Islamic Emirate to continue its conquest and massacres. A month later, while the Kurdish Peshmerga Regional Government had retreated without a fight, and when the emotions of world public opinion became too strong, President Obama gave the order to bomb some positions of the Islamic Emirate. However, according to General William Mayville, director of operations at the headquarters, "These bombings are unlikely to affect the overall capacity of the Islamic Emirate and its activities in other areas of Iraq or Syria ". [24] Obviously, they are not meant to destroy the jihadist army, but only to ensure that each player does not overlap the territory that has been assigned. Moreover, for the moment, they are symbolic and have destroyed only a handful of vehicles. It was ultimately the intervention of the Kurds of the Turkish and Syrian Kurdish PKK which halted the progress of the Islamic Emirate and opened a corridor to allow civilians to escape the massacre.
  • In the latest issue of its magazine, the Islamic Emirate devoted two pages to denounce Senator John McCain as "the enemy" and "double-crosser", recalling his support for the US invasion of Iraq. Lest this accusation remain unknown in the United States, Senator immediately issued a statement calling the Emirate the "most dangerous Islamist terrorist group in the world" [26]. This controversy is there only to distract the gallery. One would like to believe it ... if it were’t for this photograph from May 2013.
  • Paul Merrell on 27 Aug 14
     
    Thierry Meysann makes the case that Sen. John McCain, working with  was the guiding force behind the Arab Spring, the overthrow of Qadaffi in Libya, and the invasion of Syria by mercenary Islamists, working with a Zionist but deliberately misnomered front group. Thierry goes on to show that McCain played a key role in the creation and deployment of ISIL.  
Paul Merrell

Angela Merkel under pressure to reveal all about US spying agreement | World news | The... - 0 views

www.theguardian.com/...reveal-us-spying-agreement-nsa

surveillance state NSA Germany BND Merkel scandal

shared by Paul Merrell on 09 May 15 - No Cached
  • Angela Merkel’s reputation as an unassailable chancellor is under threat amid mounting pressure for her to reveal how much she knew about a German-supported US spying operation on European companies and officials. The onus on her government to deliver answers over the spying scandal has only increased with the Austrian government’s announcement that it has filed a legal complaint against an unnamed party over “covert intelligence to the detriment of Austria”. EADS, now Airbus, one of the companies known to have been spied on by the BND – Germany’s foreign intelligence agency – is also taking legal action, saying it will file a complaint with prosecutors in Germany. The BND stands accused of spying on behalf of America’s NSA on European companies such as EADS, as well as the French presidency and the EU commission. There are also suspicions that German government workers and journalists were spied on.
  • The scandal has already strained relations within Merkel’s grand coalition, with many observers commenting that Gabriel was seeing the affair as a chance to make political gains. Political observers were lining up to remark that the crisis is the single most critical of Merkel’s decade in government and could even lead to her and her government’s downfall.
  • While Merkel appeared to have remained relatively unscathed by the scandal until now, an opinion poll showed that most Germans believed the trustworthiness of the three-times chancellor was now seriously at stake. 62% of Germans said her credibility was in doubt, according to the poll, carried out by the Insa institute, while 18% said it was not. Merkel told Radio Bremen in an interview that she was prepared to speak out over the allegations to a parliamentary committee. “I will testify there and justify myself to them where it is required,” she told the broadcaster.
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  • Sigmar Gabriel, the deputy chancellor and economy minister, who is also the leader of the SPD, upped the ante still further by relaying a conversation he had with Merkel in which he asked her twice if the government had evidence of economic espionage, and she said no. He added that if it emerged Germany had been involved in helping the NSA spy on companies, it would greatly strain relations between business and the government and “put a large burden on the trust the economy has in government behaviour”.
  • The Social Democrats (SPD), Merkel’s government partners, along with Germany’s federal public prosecutor, Harald Range, are demanding the release of a list of “selectors” – 40,000 search terms used in the spying operations – the results of which were passed on to the NSA. “The list must be published and only then is clarification possible,” said Christine Lambrecht, parliamentary head of the SPD faction. Merkel has so far refused to allow its release. Her spokesman, Steffen Seibert, said she would make a decision on whether or not to do so only “once consultations with the American partners are completed”. Thomas de Maizière, the interior minister and a close Merkel confidante, is under even more pressure than the chancellor over allegations he lied about what he knew of BND/NSA cooperation. On Wednesday he answered questions on the affair to a parliamentary committee investigating the row, but only in camera and in a bug-proof room. Among other alleged shortcomings over the affair, he stands accused of failing to act when the BND informed him of the espionage activities in 2008 when he was Merkel’s chief of staff. He has repeatedly been portrayed in the tabloid media with a Pinocchio nose.
  • But the scandal has its roots much further back than Merkel’s own government, harking to a time when Europe was gripped by the cold war. Both the US and the UK, as victors of the second world war who had Germany under close supervision, ran spying networks from Germany, most notably from Bad Aibling in Bavaria, the biggest listening station outside the US and Britain. Officially, the US withdrew its operations in 2004. But unofficially it stayed there under an agreement in which Germany agreed to hand over its intelligence findings in return for the highly sophisticated technology the US was able to provide. The events of 9/11 and the revelations that three of the pilots had lived in Germany undetected only served to increase the pressure the US was able to put on Germany that its presence was necessary. Bad Aibling, officially now solely a BND listening facility, was the post used by the NSA in the current scandal.
  • The affair has underlined just how dependent Germany still is on the US and to a lesser extent the UK, on issues of intelligence and defence. Their desire for still-closer cooperation culminated in Operation Monkey Shoulder (named after a blend of three different types of malt whiskys) involving the BND, NSA and MI6, Spiegel recently revealed. With such a background, the German government has to appear to be criticising the US at the same time as underlining the importance of cooperation. Merkel, who appeared to be hugely at odds with the US government when it was revealed in 2013 that the NSA’s mass intelligence operation included tapping her mobile phone, has so far responded in a characteristically vague and flat manner. While acknowledging that allies should not spy on each other, she has stressed that spying’s most important role is to prevent terrorist attacks. “The government will do everything to guarantee the ability of the intelligence services,” she said on Monday. “Taking terrorist threats into account, that ability is only possible in cooperation with other agencies. That very much includes the NSA, as well as others.”
  • Commenting on the crisis, Spiegel magazine called it the “biggest challenge that the ‘Merkel Regime’ has had to face”, and potentially the “turning point of her chancellorship”. “She enjoys such trust because many Germans feel she looks after the country’s needs and their own very well. But the scandal … could cause the foundations of her power to crumble,” the magazine said.
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