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Paul Merrell

Newly declassified documents reveal how U.S. agreed to Israel's nuclear program - Diplo... - 0 views

www.haaretz.com/....premium-1.613221

war & peace U.S. Israel-nukes declassify Samson-option Johnson Meir

shared by Paul Merrell on 01 Sep 14 - No Cached
  • The Obama administration this week declassified papers, after 45 years of top-secret status, documenting contacts between Jerusalem and Washington over American agreement to the existence of an Israeli nuclear option. The Interagency Security Classification Appeals Panel (ISCAP), which is in charge of approving declassification, had for decades consistently refused to declassify these secrets of the Israeli nuclear program. The documents outline how the American administration worked ahead of the meeting between President Richard Nixon and Prime Minister Golda Meir at the White House in September 1969, as officials came to terms with a three-part Israeli refusal – to sign the Non-Proliferation Treaty; to agree to American inspection of the Dimona nuclear facility; and to condition delivery of fighter jets on Israel’s agreement to give up nuclear weaponry in exchange for strategic ground-to-ground Jericho missiles “capable of reaching the Arab capitals” although “not all the Arab capitals.”
  • The officials – cabinet secretaries and senior advisers who wrote the documents – withdrew step after step from an ambitious plan to block Israeli nuclearization, until they finally acceded, in internal correspondence – the content of the conversation between Nixon and Meir is still classified – to recognition of Israel as a threshold nuclear state. In fact, according to the American documents, the Nixon administration defined a double threshold for Israel’s move from a “technical option” to a “possessor” of nuclear weapons. The first threshold was the possession of “the components of nuclear weapons that will explode,” and making them a part of the Israel Defense Forces operational inventory.
  • The second threshold was public confirmation of suspicions internationally, and in Arab countries in particular, of the existence of nuclear weapons in Israel, by means of testing and “making public the fact of the possession of nuclear weapons.” Officials under Nixon proposed to him, on the eve of his conversation with Meir, to show restraint with regard to the Israeli nuclear program, and to abandon efforts to get Israel to cease acquiring 500-kilometer-range missiles with one-ton warheads developed in the Marcel Dassault factory in France, if it could reach an agreement with Israel on these points.
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  • The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both “explicit and implicit” that “Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.”
  • According to the documents, the Nixon administration believed that Israel’s acquisition of nuclear weapons would spur the Arab countries to acquire their own such weapons within 10 years, through private contracts with scientists and engineers in Europe. Moreover, “deeply rooted in the Arab psyche is the concept that a settlement will be possible only when there is some parity in strength with Israel. A ‘kamikaze’ strike at the Dimona facilities cannot be ruled out,” the document states.
  • Paul Merrell on 01 Sep 14
     
    "The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both 'explicit and implicit' that 'Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.'" Which just goes to show that Israel's leadership was very bit as looney-tunes as the U.S. leadership was with its "MAD" Mutually Assured Destruction strategy. What is there about democracy that permits psychopaths to acquire the power they so insanely crave? Humanity would have far better odds of surviving the next 100 years if all members of Congress now chosen by voting were instead chosen from the general population at random and limited to a single term. Then let Congress choose the President and Vice President from five people also randomly chosen. That would also result in a Congress far more representative of the People's interests. Anyone with a rudimentary understanding of Statistics could prove that mathematically. To boot, that would take care of the campaign finance issues, since there wouldn't be any elections for federal office. Give me 24 hours notice and I'll have the necessary constitutional amendments written. Let's call them the No More Lunatics Running This Asylum Amendments. Or with a bit more thought we could have a name with an acronym that's more descriptive, something like the SANE Amendments. Let's see: the Save America from Nutjobs Evermore Amendments, or ....   Never mind for now. You do the political organizing to get the Amendments adopted and let me know when. I'll crank out the wordsmith work product for the Amendments.  Sheesh! As I've said for years, if it be true that Man was was created in the image of the Creator, that is irrefutable proof that the Creator is as dumb as a doornail and insane to boot. "[I]t it is not really possible to deter Arab leaders when they themse
Paul Merrell

BBC News - Ukraine crisis: Putin hopes for peace deal by Friday - 0 views

www.bbc.com/...world-europe-29042561

war & peace Ukraine Russia negotiations

shared by Paul Merrell on 04 Sep 14 - No Cached
  • Russia's president has said he is hoping for a peace deal between Ukraine and pro-Russian rebels by Friday. Vladimir Putin urged both sides to stop military action in eastern Ukraine, adding that his views and those of his Ukrainian counterpart were very close. Ukraine President Petro Poroshenko said they had agreed a "ceasefire process" but PM Arseny Yatsenyuk said no plan from Mr Putin should be trusted.
  • Insisting that Russia is in no way a negotiating party in the Ukrainian conflict, Vladimir Putin is nevertheless certain that it is Moscow's proposals that are going to advance both sides to peace. Mr Putin's plan is short and leaves a lot of room for interpretation. Take, for example, a point on moving Ukrainian troops away from positions from which towns and cities can be shelled. Taken to an extreme, this could mean rewinding the situation on the ground to a point several weeks ago before Ukrainian advances. Just two weeks ago the discussions centred around when, and not if, the rebels would have to move out of Donetsk and Luhansk. But Moscow's plan will allow them to strengthen their control over the two regional centres and other areas.
  • Mr Putin has often seemed unwilling to negotiate from a position of weakness and the reversals of the past few days illustrate this perfectly. Now it's Petro Poroshenko who has to choose whether to accept something which clearly protects Kiev's enemies in eastern Ukraine.
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  • Speaking to journalists in the Mongolia capital Ulan Bator, Mr Putin said the two sides should reach agreement when they resumed talks in Minsk on Friday. "Our views on the way to resolve the conflict, as it seemed to me, are very close," he said, referring to a phone conversation with Mr Poroshenko.
  • He said he was proposing a seven-point peace plan: The Ukrainian army and eastern rebels should stop "active offensive operations" Ukrainian troops must pull back to a distance where they would be unable to shell population centres International monitoring of the ceasefire No use of military jets against civilians "All-for-all" prisoner exchange without preconditions Humanitarian corridor for refugees and to deliver aid Restoration of destroyed infrastructure. In its statement (in Russian), the Kremlin said a phone conversation had taken place on Wednesday between the two presidents in which their points of view had "coincided significantly" on possible ways to end the crisis.
  • Mr Putin's spokesman, Dmitry Peskov, clarified for Russian news agency Ria-Novosti: "Putin and Poroshenko did not agree a ceasefire in Ukraine because Russia is not party to the conflict, they only discussed how to settle the conflict." Mr Poroshenko said he also hoped for a ceasefire. "The people of Ukraine want peace while some politicos want to play a game of war. I will not allow this to happen. We must pull together in fighting for peace," he said. But Ukrainian Prime Minister Arseny Yatsenyuk rejected the proposal. "The real plan of Putin is to destroy Ukraine and to restore the Soviet Union," he said.
  • Pro-Russian rebels said they supported Mr Putin's proposals but that they did not trust Mr Poroshenko to observe a ceasefire. Meanwhile a Ukrainian official in Zaporizhzhya region, west of the combat zone, said the bodies of 87 soldiers and pro-government volunteers killed in a controversial incident near the town of Ilovaysk several days ago had been brought to a local morgue. The Ukrainian military says troops were fired on by rebels on Sunday after they had apparently been given safe passage out of an encirclement during rapid rebel advances. No-one has been able to confirm the circumstances of the killings or the total number of dead. More than 2,600 civilians and combatants have been killed and more than a million people have fled their homes since fighting erupted in eastern Ukraine in April, when pro-Russian separatists there declared independence.
Paul Merrell

The Virtue of Subtlety: A U.S. Strategy Against the Islamic State - 0 views

www.forbes.com/...tegy-against-the-islamic-state

war & peace ISIL U.S.-foreign-policy

shared by Paul Merrell on 11 Sep 14 - No Cached
  • U.S. strategy is sound. It is to allow the balance of power to play out, to come in only when it absolutely must — with overwhelming force, as in Kuwait — and to avoid intervention where it cannot succeed. The tactical application of strategy is the problem. In this case the tactic is not direct intervention by the United States, save as a satisfying gesture to avenge murdered Americans. But the solution rests in doing as little as possible and forcing regional powers into the fray, then in maintaining the balance of power in this coalition. Such an American strategy is not an avoidance of responsibility. It is the use of U.S. power to force a regional solution. Sometimes the best use of American power is to go to war. Far more often, the best use of U.S. power is to withhold it. The United States cannot evade responsibility in the region. But it is enormously unimaginative to assume that carrying out that responsibility is best achieved by direct intervention. Indirect intervention is frequently more efficient and more effective.
  • The United States cannot win the game of small mosaic tiles that is emerging in Syria and Iraq. An American intervention at this microscopic level can only fail. But the principle of balance of power does not mean that balance must be maintained directly. Turkey, Iran and Saudi Arabia have far more at stake in this than the United States. So long as they believe that the United States will attempt to control the situation, it is perfectly rational for them to back off and watch, or act in the margins, or even hinder the Americans. The United States must turn this from a balance of power between Syria and Iraq to a balance of power among this trio of regional powers. They have far more at stake and, absent the United States, they have no choice but to involve themselves. They cannot stand by and watch a chaos that could spread to them. It is impossible to forecast how the game is played out. What is important is that the game begins. The Turks do not trust the Iranians, and neither is comfortable with the Saudis. They will cooperate, compete, manipulate and betray, just as the United States or any country might do in such a circumstance. The point is that there is a tactic that will fail: American re-involvement. There is a tactic that will succeed: the United States making it clear that while it might aid the pacification in some way, the responsibility is on regional powers. The inevitable outcome will be a regional competition that the United States can manage far better than the current chaos.
  • There is then the special case of the Islamic State. It is special because its emergence triggered the current crisis. It is special because the brutal murder of two prisoners on video showed a particular cruelty. And it is different because its ideology is similar to that of al Qaeda, which attacked the United States. It has excited particular American passions. To counter this, I would argue that the uprising by Iraq’s Sunni community was inevitable, with its marginalization by Nouri al-Maliki’s Shiite regime in Baghdad. That it took this particularly virulent form is because the more conservative elements of the Sunni community were unable or unwilling to challenge al-Maliki. But the fragmentation of Iraq into Shiite, Sunni and Kurdish regions was well underway before the Islamic State, and jihadism was deeply embedded in the Sunni community a long time ago. Moreover, although the Islamic State is brutal, its cruelty is not unique in the region. Syrian President Bashar al Assad and others may not have killed Americans or uploaded killings to YouTube, but their history of ghastly acts is comparable. Finally, the Islamic State — engaged in war with everyone around it — is much less dangerous to the United States than a small group with time on its hands, planning an attack. In any event, if the Islamic State did not exist, the threat to the United States from jihadist groups in Yemen or Libya or somewhere inside the United States would remain.
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  • The issue is whether the United States can live with this situation or whether it must reshape it. The immediate question is whether the United States has the power to reshape it and to what extent. The American interest turns on its ability to balance local forces. If that exists, the question is whether there is any other shape that can be achieved through American power that would be superior. From my point of view, there are many different shapes that can be imagined, but few that can be achieved. The American experience in Iraq highlighted the problems with counterinsurgency or being caught in a local civil war. The idea of major intervention assumes that this time it will be different. This fits one famous definition of insanity.
  • A national strategy emerges over the decades and centuries. It becomes a set of national interests into which a great deal has been invested, upon which a great deal depends and upon which many are counting. Presidents inherit national strategies, and they can modify them to some extent. But the idea that a president has the power to craft a new national strategy both overstates his power and understates the power of realities crafted by all those who came before him. We are all trapped in circumstances into which we were born and choices that were made for us. The United States has an inherent interest in Ukraine and in Syria-Iraq. Whether we should have that interest is an interesting philosophical question for a late-night discussion, followed by a sunrise when we return to reality. These places reflexively matter to the United States. The American strategy is fixed: Allow powers in the region to compete and balance against each other. When that fails, intervene with as little force and risk as possible. For example, the conflict between Iran and Iraq canceled out two rising powers until the war ended. Then Iraq invaded Kuwait and threatened to overturn the balance of power in the region. The result was Desert Storm.
  • The American strategy is fixed: Allow powers in the region to compete and balance against each other. When that fails, intervene with as little force and risk as possible. For example, the conflict between Iran and Iraq canceled out two rising powers until the war ended. Then Iraq invaded Kuwait and threatened to overturn the balance of power in the region. The result was Desert Storm. This strategy provides a model. In the Syria-Iraq region, the initial strategy is to allow the regional powers to balance each other, while providing as little support as possible to maintain the balance of power. It is crucial to understand the balance of power in detail, and to understand what might undermine it, so that any force can be applied effectively. This is the tactical part, and it is the tactical part that can go wrong. The strategy has a logic of its own. Understanding what that strategy demands is the hard part. Some nations have lost their sovereignty by not understanding what strategy demands. France in 1940 comes to mind. For the United States, there is no threat to sovereignty, but that makes the process harder: Great powers can tend to be casual because the situation is not existential. This increases the cost of doing what is necessary. The ground where we are talking about applying this model is Syria and Iraq. Both of these central governments have lost control of the country as a whole, but each remains a force. Both countries are divided by religion, and the religions are divided internally as well. In a sense the nations have ceased to exist, and the fragments they consisted of are now smaller but more complex entities.
  • This strategy provides a model. In the Syria-Iraq region, the initial strategy is to allow the regional powers to balance each other, while providing as little support as possible to maintain the balance of power. It is crucial to understand the balance of power in detail, and to understand what might undermine it, so that any force can be applied effectively. This is the tactical part, and it is the tactical part that can go wrong. The strategy has a logic of its own. Understanding what that strategy demands is the hard part. Some nations have lost their sovereignty by not understanding what strategy demands. France in 1940 comes to mind. For the United States, there is no threat to sovereignty, but that makes the process harder: Great powers can tend to be casual because the situation is not existential. This increases the cost of doing what is necessary. The ground where we are talking about applying this model is Syria and Iraq. Both of these central governments have lost control of the country as a whole, but each remains a force. Both countries are divided by religion, and the religions are divided internally as well. In a sense the nations have ceased to exist, and the fragments they consisted of are now smaller but more complex entities.
  • There is then the special case of the Islamic State. It is special because its emergence triggered the current crisis. It is special because the brutal murder of two prisoners on video showed a particular cruelty. And it is different because its ideology is similar to that of al Qaeda, which attacked the United States. It has excited particular American passions. To counter this, I would argue that the uprising by Iraq’s Sunni community was inevitable, with its marginalization by Nouri al-Maliki’s Shiite regime in Baghdad. That it took this particularly virulent form is because the more conservative elements of the Sunni community were unable or unwilling to challenge al-Maliki. But the fragmentation of Iraq into Shiite, Sunni and Kurdish regions was well underway before the Islamic State, and jihadism was deeply embedded in the Sunni community a long time ago. Moreover, although the Islamic State is brutal, its cruelty is not unique in the region. Syrian President Bashar al Assad and others may not have killed Americans or uploaded killings to YouTube, but their history of ghastly acts is comparable. Finally, the Islamic State — engaged in war with everyone around it — is much less dangerous to the United States than a small group with time on its hands, planning an attack. In any event, if the Islamic State did not exist, the threat to the United States from jihadist groups in Yemen or Libya or somewhere inside the United States would remain.
  • The issue is whether the United States can live with this situation or whether it must reshape it. The immediate question is whether the United States has the power to reshape it and to what extent. The American interest turns on its ability to balance local forces. If that exists, the question is whether there is any other shape that can be achieved through American power that would be superior. From my point of view, there are many different shapes that can be imagined, but few that can be achieved. The American experience in Iraq highlighted the problems with counterinsurgency or being caught in a local civil war. The idea of major intervention assumes that this time it will be different. This fits one famous definition of insanity.
  • Because the Islamic State operates to some extent as a conventional military force, it is vulnerable to U.S. air power. The use of air power against conventional forces that lack anti-aircraft missiles is a useful gambit. It shows that the United States is doing something, while taking little risk, assuming that the Islamic State really does not have anti-aircraft missiles. But it accomplishes little. The Islamic State will disperse its forces, denying conventional aircraft a target. Attempting to defeat the Islamic State by distinguishing its supporters from other Sunni groups and killing them will founder at the first step. The problem of counterinsurgency is identifying the insurgent. There is no reason not to bomb the Islamic State’s forces and leaders. They certainly deserve it. But there should be no illusion that bombing them will force them to capitulate or mend their ways. They are now part of the fabric of the Sunni community, and only the Sunni community can root them out. Identifying Sunnis who are anti-Islamic State and supplying them with weapons is a much better idea. It is the balance-of-power strategy that the United States follows, but this approach doesn’t have the dramatic satisfaction of blowing up the enemy. That satisfaction is not trivial, and the United States can certainly blow something up and call it the enemy, but it does not address the strategic problem. In the first place, is it really a problem for the United States?
  • There is no reason not to bomb the Islamic State’s forces and leaders. They certainly deserve it. But there should be no illusion that bombing them will force them to capitulate or mend their ways. They are now part of the fabric of the Sunni community, and only the Sunni community can root them out. Identifying Sunnis who are anti-Islamic State and supplying them with weapons is a much better idea. It is the balance-of-power strategy that the United States follows, but this approach doesn’t have the dramatic satisfaction of blowing up the enemy. That satisfaction is not trivial, and the United States can certainly blow something up and call it the enemy, but it does not address the strategic problem. In the first place, is it really a problem for the United States? The American interest is not stability but the existence of a dynamic balance of power in which all players are effectively paralyzed so that no one who would threaten the United States emerges. The Islamic State had real successes at first, but the balance of power with the Kurds and Shia has limited its expansion, and tensions within the Sunni community diverted its attention. Certainly there is the danger of intercontinental terrorism, and U.S. intelligence should be active in identifying and destroying these threats. But the re-occupation of Iraq, or Iraq plus Syria, makes no sense. The United States does not have the force needed to occupy Iraq and Syria at the same time. The demographic imbalance between available forces and the local population makes that impossible.
  • The danger is that other Islamic State franchises might emerge in other countries. But the United States would not be able to block these threats as well as the other countries in the region. Saudi Arabia must cope with any internal threat it faces not because the United States is indifferent, but because the Saudis are much better at dealing with such threats. In the end, the same can be said for the Iranians. Most important, it can also be said for the Turks. The Turks are emerging as a regional power. Their economy has grown dramatically in the past decade, their military is the largest in the region, and they are part of the Islamic world. Their government is Islamist but in no way similar to the Islamic State, which concerns Ankara. This is partly because of Ankara’s fear that the jihadist group might spread to Turkey, but more so because its impact on Iraqi Kurdistan could affect Turkey’s long-term energy plans.
  • The United States cannot win the game of small mosaic tiles that is emerging in Syria and Iraq. An American intervention at this microscopic level can only fail. But the principle of balance of power does not mean that balance must be maintained directly. Turkey, Iran and Saudi Arabia have far more at stake in this than the United States. So long as they believe that the United States will attempt to control the situation, it is perfectly rational for them to back off and watch, or act in the margins, or even hinder the Americans. The United States must turn this from a balance of power between Syria and Iraq to a balance of power among this trio of regional powers. They have far more at stake and, absent the United States, they have no choice but to involve themselves. They cannot stand by and watch a chaos that could spread to them. It is impossible to forecast how the game is played out. What is important is that the game begins. The Turks do not trust the Iranians, and neither is comfortable with the Saudis. They will cooperate, compete, manipulate and betray, just as the United States or any country might do in such a circumstance. The point is that there is a tactic that will fail: American re-involvement. There is a tactic that will succeed: the United States making it clear that while it might aid the pacification in some way, the responsibility is on regional powers. The inevitable outcome will be a regional competition that the United States can manage far better than the current chaos.
  • U.S. strategy is sound. It is to allow the balance of power to play out, to come in only when it absolutely must — with overwhelming force, as in Kuwait — and to avoid intervention where it cannot succeed. The tactical application of strategy is the problem. In this case the tactic is not direct intervention by the United States, save as a satisfying gesture to avenge murdered Americans. But the solution rests in doing as little as possible and forcing regional powers into the fray, then in maintaining the balance of power in this coalition. Such an American strategy is not an avoidance of responsibility. It is the use of U.S. power to force a regional solution. Sometimes the best use of American power is to go to war. Far more often, the best use of U.S. power is to withhold it. The United States cannot evade responsibility in the region. But it is enormously unimaginative to assume that carrying out that responsibility is best achieved by direct intervention. Indirect intervention is frequently more efficient and more effective.
  • Paul Merrell on 11 Sep 14
     
    The article is by the Chairman of Stratfor, a private intelligence company. I don't agree with its analysis because I am decidedly non-interventionist. But this article should be required reading for all who have fallen for the war fever being spread by the War Party for full-scale military invasion of Iraq and Syria. The article at least lays a sound basis for a large degree of restraint.
Paul Merrell

Never trust a corporation to do a library's job - The Message - Medium - 0 views

medium.com/...do-a-librarys-job-f58db4673351

Internet archives Google librarians

shared by Paul Merrell on 01 Feb 15 - No Cached
  • Google wrote its mission statement in 1999, a year after launch, setting the course for the company’s next decade:“Google’s mission is to organize the world’s information and make it universally accessible and useful.”For years, Google’s mission included the preservation of the past.
  • In the last five years, starting around 2010, the shifting priorities of Google’s management left these archival projects in limbo, or abandoned entirely.After a series of redesigns, Google Groups is effectively dead for research purposes. The archives, while still online, have no means of searching by date.Google News Archives are dead, killed off in 2011, now directing searchers to just use Google.Google Books is still online, but curtailed their scanning efforts in recent years, likely discouraged by a decade of legal wrangling still in appeal. The official blog stopped updating in 2012 and the Twitter account’s been dormant since February 2013.
  • Even Google Search, their flagship product, stopped focusing on the history of the web. In 2011, Google removed the Timeline view letting users filter search results by date, while a series of major changes to their search ranking algorithm increasingly favored freshness over older pages from established sources. (To the detriment of some.)
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  • Two months ago, Larry Page said the company’s outgrown its 14-year-old mission statement. Its ambitions have grown, and its priorities have shifted.Google in 2015 is focused on the present and future. Its social and mobile efforts, experiments with robotics and artificial intelligence, self-driving vehicles and fiberoptics.As it turns out, organizing the world’s information isn’t always profitable. Projects that preserve the past for the public good aren’t really a big profit center. Old Google knew that, but didn’t seem to care.
  • The desire to preserve the past died along with 20% time, Google Labs, and the spirit of haphazard experimentation.Google may have dropped the ball on the past, but fortunately, someone was there to pick it up.
  • Paul Merrell on 01 Feb 15
     
    So here's my plan. In the same legislation that abolishes the NSA, grant its funding and deed the NSA's enormous data center in Utah to the Internet Archives.  Require that the NSA's internet archives be turned over to Internet Archive in good working order. Put thousands of librarians and digital archaeologists to work preserving and making the history of the online global populattion accessible to all. Also require that the remainder of the NSA be used as combustibles for the first annual NSA Bonfire Ball. BYOB. 
Paul Merrell

Main U.S.-Backed Syrian Rebel Group Disbanding, Joining Islamists - The Daily Beast - 0 views

www.thedailybeast.com/...banding-joining-islamists.html

war & peace Syria Al-Nusrah moderate-rebels collapse

shared by Paul Merrell on 02 Mar 15 - No Cached
  • The Syrian rebel group Harakat al-Hazm, one of the White House’s most trusted militias fighting President Bashar al-Assad, collapsed Sunday, with activists posting a statement online from frontline commanders saying they are disbanding their units and folding them into brigades aligned with a larger Islamist insurgent alliance distrusted by Washington.
  • The apparent implosion comes just weeks after the Obama administration halved its funding of the 4,000-strong secular brigade—one of several more moderate rebel militias that have seen their U.S. funding cut or scaled back since Christmas.   Hazm has suffered an increasing number of defections in recent weeks in the face of repeated attacks from al Qaeda affiliate Jabhat al-Nusra on its remaining redoubts in Aleppo and in the area west of the city.This weekend the brigade suffered 300 casualties, say opposition officials, from fighting with the jihadists, and its leaders say that to avoid further bloodshed they have had no choice but to dissolve themselves and throw in their lot with the larger Shamiah Front, an alliance of mainly-Islamist militias in Aleppo. They say the morale of the militia—one of the few rebel brigades to have been trusted in the past by the U.S. with TOW anti-tank rockets—had plummeted as the American money spigot was slowly turned off.
  • A U.S. official said the secular militia had no alternative but to disband. He said it will now be crucial to see what individual Hazm fighters do, indicating that he hoped some would volunteer for the train-and-equip program.. A 50-man intelligence unit formed by Hazm to assist in on-the-ground damage assessment of U.S. airstrikes on ISIS and to provide information on al Nusra was disbanded because of the funding reductions, a senior opposition source told The Daily Beast.
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  • Hazm was frequently touted by Obama aides as one of the militias they could rely on—a brigade that could partner on train-and-equip.But like other moderate militias, the program didn’t sit well with Hazm fighters, who were infuriated with Washington at what they saw as a downgrading of their efforts to topple President Assad.
  • Hazm’s problems with al Nusra, al Qaeda’s franchise in Syria, have multiplied since late October when their jihadist foes overran several of the militia’s key strongholds in Idlib, including Khan al-Subul, where it stored about 10 percent of its equipment. Hazm denied reports that al Nusra fighters managed to seize U.S.-supplied TOW anti-tank missiles, but conceded that al Nusra was able to secure 20 tanks, five of which were fully functional; six new armored personnel carriers recently supplied from overseas; and dozens of the group’s walkie-talkies, which Hazm leaders bought themselves from Best Buy during a visit to the U.S.
  • The brigade’s failure to hold the line against al Nusra—as well as the failure of other Western-backed armed groups to assist the beleaguered Hazm—was one of the reasons given to The Daily Beast by a State Department official for the cutbacks in funding for several rebel groups.Another reason cited was the increasing tendency of the moderate and secular militias to coordinate with the Shamiah Front.
  • Aleppo-based rebels insist they have no choice but to work with the Front, which also coordinates operations against Syrian government forces inside Aleppo with al Nusra. “Without the front, Assad would overwhelm us,” says a secular rebel commander. He and other brigade commanders say the Obama administration’s train-and-equip plan has little to do with what is unfolding rapidly on the ground. Brigades are demoralized, disintegrating, and fighting among themselves.
  • While al Nusra has been fighting the moderate armed opposition to Assad, it has been left alone by rival ISIS, with clashes between the competing jihadists all but ceasing.
Paul Merrell

Iraq's Attack Against ISIS Catches U.S. 'By Surprise' - The Daily Beast - 0 views

www.thedailybeast.com/...s-catches-u-s-by-surprise.html

war & peace Iraq Iran ISIL Tikrit U.S.-foreign-policy rift

shared by Paul Merrell on 03 Mar 15 - No Cached
  • The Iraqi military launched a major campaign to take back a key city from the self-proclaimed Islamic State over the weekend—a move that caught the U.S. “by surprise,” in the words of one American government official.The U.S.-led coalition forces that have conducted seven months of airstrikes on Iraq’s behalf did not participate in the attack, defense officials told The Daily Beast, and the American military has no plans to chip in.Instead, embedded Iranian advisers and Iranian-backed Shiite militias are taking part in the offensive on the largely Sunni town, raising the prospect that the fight to beat back ISIS could become a sectarian war. The news is the latest indication that not all is well with the American effort against the terror group. On Friday, U.S. defense officials told The Daily Beast that a planned offensive against the ISIS stronghold of Mosul had been indefinitely postponed. Over the weekend, an American-backed rebel group in Syria announced that it was dissolving, and joining an Islamist faction.
  • Then there was the unexpected battle for Tikrit. Over the weekend, a reported 30,000 troops and militiamen—mostly Shiites —stormed the Sunni dominated city of Tikrit, former Iraqi President Saddam Hussein’s hometown and the symbolic birthplace of his three decades of repressive practices against the majority Shiite population.U.S. officials were largely left in the dark of the planning and timing of the operation, defense officials said. The Pentagon said Monday it was not conducting airstrikes in support of the Tikrit offensive because the Iraqi government did not ask for such help.The U.S. had seen the prospect of strikes in Tikrit for a while but the timing and nature of the attack “caught us by surprise,” one government official explained to The Daily Beast.
  • The depth of Iranian involvement and the dearth of U.S. engagement in the battle for Tikrit suggested the coalition-led campaign did little to weaken Iranian influence on Iraqi security. Two U.S. defense officials told The Daily Beast that Iranian troops were firing Iranian artillery  “in the vicinity of” the Iraqi military campaign. And there were several reports that Major General Qassem Soleimani, the shadowy commander of the Iranian Revolutionary Guard’s overseas operation arm, is also on the ground near Tikrit. The Iraqi decision to cut out the U.S.-led coalition turned the war against ISIS in Iraq into a dual track approach—one carried out by the U.S.-led coalition another directed by the Iranians. Each has its own military strategy.
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  • But the Iranian-led approach the clearing of Tikrit is largely sectarian—with Shiite militias reviled and feared by Sunni residents. Rather than a deliberate military campaign, the forces appear prepared to pound Tikrit, hard. And perhaps because of that, there is no need for an air campaign.There are already fears that the Iraqi effort, backed by their Iranian supporters, will decimate parts of the city, defense officials said. Such actions would have great symbolic effect and make increasingly unlikely the mending of sectarian tensions between the minority Sunnis and their Shiite-dominated government.
  • An adviser to the U.S. government tasked with monitoring and engaging with Iraqi officials told The Daily Beast, “I think there is a great deal of joy about going into the city that fought Iran for a decade,” referring to Tikrit’s role in the seven-year war against Iran. “Imagine Qassem Soleimani is in Tikrit directing Iraqi forces in the destruction of the symbol of the former regime and the Sunni resistance,” the adviser added. Because of that, Pentagon officials are watching carefully how the Iraqi forces carry out their campaign to rid Tikrit of ISIS, though they concede the signs are not promising.“This is a real bellwether,” said a second defense official. “If this becomes a sectarian battle, we will shift to simply counter terrorism, and away from training Iraqi forces. And the coalition will come apart.”
  • Paul Merrell on 03 Mar 15
     
    Iran and Iraq attack the U.S. covert ISIL army, without tellling the U.S. It's almost as though the Iranian and Iraqi military commanders do not trust the U.S. Why might that be?
Paul Merrell

Senior official on Netanyahu's plane: Congress must be made aware of Iran deal concessi... - 0 views

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war & peace Iranian-nukes-myth negotiations Netanyahu speech

shared by Paul Merrell on 02 Mar 15 - No Cached
  • 'We know about details regarding the agreement with being put together with Iran, and we feel that Congress members are unaware of these details,' says senior Israeli official in the prime minister's entourage.
  • Prime Minister Benjamin Netanyahu arrived on Sunday night in Washington D.C., where he is scheduled to deliver a speech before Congress on Tuesday. Speaking to reporters during an in-flight briefing, a senior official in the prime minister's entourage said Israel holds a significant amount of trustworthy information regarding the deal taking shape with Iran that points at concessions agreed to by the world...
  • Paul Merrell on 02 Mar 15
     
    This will add to the Obama Administration's anger. They've already let it be known that Israel's prior disclosure of negotiation details was a violation of U.S. trust in Israel to keep the specifics of the negotiations confidential. Now Israel says it will tell all about the concessions the U.S. is willing to make. That will put the White House into rebuttal mode, forcing it to discuss negotation specifics, which in turn puts the negotiations in danger.   I suspect that longer term, this is going to result in far less information being shared with Israel on a variety of subjects.      
Paul Merrell

Letter Calls Plea Deal for David Petraeus a 'Profound Double Standard' - NYTimes.com - 0 views

www.nytimes.com/...-profound-double-standard.html

Dark-State leaks litigation plea-bargain double standards

shared by Paul Merrell on 17 Mar 15 - No Cached
  • The plea deal given to retired Gen. David H. Petraeus, which spares him prison time even though he gave military secrets to his mistress, reveals a “profound double standard” in the way the Obama administration treats people who leak classified information, a lawyer for an imprisoned government contractor wrote in a letter to prosecutors.
  • Paul Merrell on 17 Mar 15
     
    Interesting article that explores double standards in plea bargains for low and high ranking U.S. officials who leak classified information. In the Petraeus case, I recall a statement by Diane Feinstein, who praised Petreus for excellent service to the government in the same interview, to the effect that Petraeus deserved leniency because his fall from such a high position in the government was sufficient punishment.  That's a recurring canard when a high official gets a slap on the wrist rather than prison time: [i] "falling into prison" is a much higher fall than a fall from power; [ii] a high official with greater power should be held to a higher standard of public trust than lower level officials, not a lower standard; and [iii] certainty of not doing prison time because of one's power encourages misconduct rather than deterring it. But double standards for the very  rich and the very powerful are far from a recent development and hardly unique to the U.S.  
Paul Merrell

Salvadoran General Deemed Deportable In the Absence of Criminal Charges | Just Security - 0 views

justsecurity.org/...oran-general-deemed-deportable

war & peace war crimes Vides-Casanova El-Salvador deportation Operation-Condor

shared by Paul Merrell on 19 Mar 15 - No Cached
  • The Board of Immigration Appeals (BIA) ruled last week that General Carlos Eugenio Vides-Casanova could be removed to El Salvador on account of his participation in human rights abuses in the 1980s when he was head of the National Guard (1979–1983) and then Minister of Defense (1983–1989). (The judgment is here.) In so ruling, the BIA affirmed a February 2012 opinion by an Immigration Judge, which — apparently for privacy reasons — was not released by the Justice Department until April 2013 after The New York Times filed a request under the Freedom of Information Act. Vides-Casanova has been found deportable under the Intelligence Reform and Terrorism Prevention Act, 8 U.S.C. § 1127(a)(4)(D) (passed in 2004 but rendered retroactive), which is intended to bar individuals who participated in genocide, Nazi persecution, torture, or summary execution from enjoying safe haven in the United States.
  • The Vides-Casanova decision reiterated D-R-’s determination that: inadmissibility under … the Act is established where it is shown that an alien with command responsibility knew or should have known that his subordinates committed unlawful acts covered by the statute and failed to prove that he took reasonable measures to prevent or stop such acts or investigate in a genuine effort to punish the perpetrators. The BIA’s opinion constitutes precedent and is binding upon all Immigration Judges. In reaching these results, both sets of adjudicators rejected Vides-Casanova’s claims that:  the human rights violations were the result of “rogue units” acting autonomously and his conduct was “consistent with the ‘official policy’ of the United States” such that it would be unfair under principles of equitable estoppel to remove him.
  • Paul Merrell on 19 Mar 15
     
    Consistent with the "offficial policy" of the U.S. isn't a defense, but the troubling part is that it's true. Vides-Casnova was a participant in a U.S. program that coodinated the intelligence gathering and distribution in a secure U.S. government communications network housed in Panama under cover of the notorious School of Americas. It was a regional coordinated effort based on ideology to identify, torture, terrorize, round up, and disappear anyone suspected of leaning to the political left. Welcome to the world of Operation Condor. Tens of thousands of Latin Americans were tortured and killed. CIA also coordinated the overthrow of many Latin American nations and their replacement by military juntas.  A lot of information about Operation Condor was released in the late 90s by CIA and the State Dept. VP Joe Biden recently delivered some more to Uruguay for use in its truth and reconcilation work.  If you'd like a quick overview of Operation Condor, see https://www.globalpolicy.org/component/content/article/168/28173.html There are reasons why lots of leaders in Latin America don't trust the U.S. and why they excluded the U.S. from a 12-nation alliance.  The latest failed U.S. coup attempt in Venezuela earlier this year just poured gasoline on that fire.  The CIA has been at it for a very long time. It knew how to kidnap, torture, and asassinate people on a far grander scale long before Bush the Younger and his collection of war criminals got involved. 
Paul Merrell

The Latest Snowden Leak Is Devastating to NSA Defenders - Conor Friedersdorf - The Atla... - 0 views

www.theatlantic.com/...373991

surveillance state NSA Obama lies emails

shared by Paul Merrell on 08 Jul 14 - No Cached
  • Consider the latest leak sourced to Edward Snowden from the perspective of his detractors. The National Security Agency's defenders would have us believe that Snowden is a thief and a criminal at best, and perhaps a traitorous Russian spy. In their telling, the NSA carries out its mission lawfully, honorably, and without unduly compromising the privacy of innocents. For that reason, they regard Snowden's actions as a wrongheaded slur campaign premised on lies and exaggerations. But their narrative now contradicts itself. The Washington Post's latest article drawing on Snowden's leaked cache of documents includes files "described as useless by the analysts but nonetheless retained" that "tell stories of love and heartbreak, illicit sexual liaisons, mental-health crises, political and religious conversions, financial anxieties and disappointed hopes. The daily lives of more than 10,000 account holders who were not targeted are catalogued and recorded nevertheless."
  • I never thought I'd see this day: The founder of Lawfare has finally declared that a national-security-state employee perpetrated a huge civil-liberties violation! Remember this if he ever again claims that NSA critics can't point to a single serious abuse at the agency. Wittes himself now says there's been a serious abuse. The same logic applies to Keith Alexander, James Clapper, Michael Hayden, Stewart Baker, Edward Lucas, John Schindler, and every other anti-Snowden NSA defender. So long as they insist that Snowden is a narcissistic criminal and possible traitor, they have no choice but to admit that the NSA collected and stored intimate photos, emails, and chats belonging to totally innocent Americans and safeguarded them so poorly that a ne'er-do-well could copy them onto thumb drives. 
  • They have no choice but to admit that the NSA was so bad at judging who could be trusted with this sensitive data that a possible traitor could take it all to China and Russia. Yet these same people continue to insist that the NSA is deserving of our trust, that Americans should keep permitting it to collect and store massive amounts of sensitive data on innocents, and that adequate safeguards are in place to protect that data. To examine the entirety of their position is to see that it is farcical. Here's the reality. The NSA collects and stores the full content of extremely sensitive photographs, emails, chat transcripts, and other documents belong to Americans, itself a violation of the Constitution—but even if you disagree that it's illegal, there's no disputing the fact that the NSA has been proven incapable of safeguarding that data. There is not the chance the data could leak at sometime in the future. It has already been taken and given to reporters. The necessary reform is clear. Unable to safeguard this sensitive data, the NSA shouldn't be allowed to collect and store it.
  • Paul Merrell on 08 Jul 14
     
    Remember Obama's famous, "No one is reading your emails" line. Either he had inadequately investigated the truth of that statement or he was lying. 
Paul Merrell

NSA Surveillance Chilling Effects: HRW and ACLU Gather More Evidence | Electronic Front... - 0 views

www.eff.org/...-surveillance-chilling-effects

surveillance state NSA ACLU HRW report 1st-Amendment-chill

shared by Paul Merrell on 31 Jul 14 - No Cached
  • Human Rights Watch and the ACLU today published a terrific report documenting the chilling effect on journalists and lawyers from the NSA's surveillance programs entitled: "With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism, Law and American Democracy." The report, which is chock full of evidence about the very real harms caused by the NSA's surveillance programs, is the result of interviews of 92 lawyers and journalists, plus several senior government officials.  This report adds to the growing body of evidence that the NSA's surveillance programs are causing real harm.  It also links these harms to key parts of both U.S. constitutional and international law, including the right to counsel, the right of access to information, the right of association and the free press. It is a welcome addition to the PEN report detailing the effects on authors, called Chilling Effects: How NSA Surveillance Drives US Writers to Self-Censor and the declarations of 22 of EFF's clients in our First Unitarian Church of Los Angeles v. NSA case. 
  • The HRW and ACLU report documents the increasing treatment of journalists and lawyers as legitimate surveillance targets and surveys how they are responding. Brian Ross of ABC says: There’s something about using elaborate evasion and security techniques that’s offensive to me—that I should have to operate as like a criminal, like a spy. The report also notes that the government increasingly likens journalists to criminals. As Scott Shane of the New York Times explains: To compare the exchange of information about sensitive programs between officials and the media, which has gone on for decades, to burglary seems to miss the point. Burglary is not part of a larger set of activities protected by the Constitution, and at the heart of our democracy. Unfortunately, that mindset is sort of the problem. Especially striking in the report is the disconnect between the real stories of chilling effects from reporters and lawyers and the skeptical, but undocumented, rejections from senior government officials.  The reporters explain difficulties in building trust with their sources and the attorneys echo that with stories about the difficulties building client trust.  The senior government officials, in contrast, just say that they don't believe the journalists and appear to have thought little, if at all about the issues facing lawyers.  
Paul Merrell

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

www.voltairenet.org/article185381.html

war & peace ISIL Turkey Erdogan

shared by Paul Merrell on 17 Nov 14 - No Cached
  • The ISIL’s funding father is Erdogan’s personal friend The name of the Saudi businessman Yassin al-Qadi has been linked to organizations classified as terrorist internationally. In particular, the foreign press and the Turkish opposition media describe him as “al-Qaeda’s funding father”. After the events of September 11/2001, al-Qadi- along with other figures- has been included in the world’s list of terrorists, and his name was stereotyped as a terrorist man. This made several countries ban him from entering into their territories, Turkey was one of them. Earlier, the Turkish media documented a photo scandal: Erdogan’s meetings with Yassin al-Qadi as well as long meetings with his son Bilal Recep Tayyip Erdogan. The scandal that was leaked by Turkish security elements came in the context of the case of corruption of which the son of the former Turkish Prime Minister has been accused. Based upon this, a large number of elements of the security corps were arrested being accused of plotting a coup against the government.
  • Nevertheless, the French journalist Thierry Meyssan describes Yassin al-Qadi as a personal friend of both Dick Cheney (former U.S. Vice President) and Recep Tayyip Erdogan. According to him, al-Qadi visited Turkey four times during 2012, and “his plane used to land at the second airport of Istanbul, and was being welcomed by the Prime Minister personally, without going through the smart gate, and after cutting the security cameras’ power supply”. The Turkish Gmehoriet Newspaper intended to publish details about the investigations conducted by the Turkish judiciary on the same case, and mentioned that Recep Tayyip Erdogan introduced Yassine al-Qadi as a Saudi businessman visiting Turkey to invest and denied that he is a terrorist. It quoted him as saying: “I trust Mr. Al-Qadi just as I trust myself. He is an almsgiver”.
  • The Turkish newspaper, after publishing Erdogan’s utterances before the Turkish judiciary, revealed that the Turkish police monitored 12 visits made by the Saudi man to Turkey. Seven out of these visits have been made with the help of Erdogan, the period when he was banned from entering Turkey, because his name was added as one of the world wanted terrorists in the list of the American FBI. The newspaper commented saying: “When the Turkish police was looking for al-Qadi, he was holding meetings with the Prime Minister”. Also, it published a photograph that showed separately the aforesaid man, Erdogan, and the Turkish intelligence chief Hakan Fidan, when they were going to a meeting that gathered them. The newspaper noted that Fidan himself met with al-Qadi 5 times when Al-Qadi has been banned from entering the Turkish territory.
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  • Yet, the interesting thing is the leaked recordings published by the newspaper that disclose that Yassin al-Qadi used to give orders to the Erdogan’s office. He used to call to inform them that he had decided today to meet with Erdogan, and that the latter should not engage in any other obligations. The newspaper reported details about the dates of the meetings between the two men, what implies that the meetings were being attended by Fidan and by the Egyptian businessman Osama Qutob; the son of Muhammad Qutob the brother of the Brotherhood leader Sayyid Qutob who holds the Turkish citizenship and is living with his father in Turkey at present. This also mean that the meetings were taking place sometimes at the home of the Turkish businessman Mustafa Latif Topas in Istanbul, attended by Erdogan’s son and Moaz the son of al-Qadi. The recordings verify that Qutob was in charge of delivering the messages from the insurgents in the battlefield in Syria to Erdogan, what signifies that the meetings of these figures exceeded the issues of investment, and perhaps they exploited the title of a charity practice!
  • Those returning from Turkey refer to the public sympathy in the pro-government Turkish street with the ISIL. Social networking websites publish photos of Islamic libraries in Istanbul selling “T-shirts” and goods with the ISIL logo on them. Perhaps this news is no longer shocking after what the German (ARD) Television has revealed regarding the opening of an office for the ISIL in al-Fateh Street in Istanbul, being ran by Turks. Through it, the process of supporting and supplying the Takfiri organization in Iraq and Syria with funds and fighters takes place.
  • The German channel itself revealed in a video report aired by it that the ISIL has training camps on the Turkish territory: 1- The GAZIANTEP Camp: a training camp for the ISIL fighters According to the report published by the website of “Today’s Zaman”, an English-language newspaper in Turkey, the Governor of the Gaziantep (Erdal Ata) rushed to hold a press conference to deny what has been revealed by the German television. However, he spoke about the arrest of 19 elements that belong to the ISIL in the city, among those who came from European countries before committing them to trial.
  • Additionally, the Lebanese journalist Hassan Hamade, in an earlier interview with Al-Manar, drew attention to the existence of three training camps in Turkey for the fighters of extremist organizations [3]. 2- The ORFA Camp, southeastern Turkey: a camp out of which the gunmen came when they attacked the Kasab city that its residents are predominantly Armenian.
  • 3- The OSMANIYA camp in Adana, southern Turkey: It is directly near the major bases of the U.S. Air Force in the Turkish territory. Yet, what is interesting is that the Osmaniya camp is a stone’s throw away from the gas pipelines points of intersection coming from Iraq and Central Asia that empty the freight in the Turkish port of Ceyhan on the Mediterranean Sea. 4- The KARMAN camp, it is also in Adana but is much closer to Istanbul. Moreover, a document published by the French journalist Thierry Meyssan, earlier, revealed that Turkey facilitated the infiltration of 5,000 fighters, who belong to al-Qaeda, to the Syrian territory after receiving training in Libya.
  • Perhaps the report of the American TV Network clarifies the argument of the Turkish journalist Orhan Kama Genghis: “The strongholds of the ISIL are located close to the Turkish border, and this did not happen coincidentally”. The Turkish journalist Kadri Gursel talks about the fact that the Turkish border territories have turned into an easy pathway facilitating the arrival and departure of the militants, where there are no formal procedures (visas, etc…) that could bother them, referring to the cooperation of the Turkish intelligence agency with the militants. Above and beyond, the Turkish opposition Republican People’s Party MP Muharram Ingee said that the ISIL leader “Mazen Abu Mohammed” received treatment in one of the Turkish government hospitals in the city of Hatay on April 2014, publishing a photo of the terrorist man in the hospital.
  • Reviewing these data provide an early answer to the question of the Saudi writer, Nawaf Qadimi, who is known for his support for the Muslim Brotherhood, where the phenomenon of the ISIL leads us to evoke history. The Seljuks drew the policies to expand their influence and their tools were the advocates of takfir and the recruiting of fighters in the name of religion. Here is Erdogan in actual fact walking in the footsteps of the ancestors and painting policies, and the tools are the texts of takfir for which he is recruiting fighters in the name of religion itself! That is how history is enabling us to understand our present...
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo d... - 0 views

www.miamiherald.com/...article9765239.html

war & peace 9-11 terrorists™ litigation CIA torture black-sites translator

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
  • Paul Merrell on 13 Feb 15
     
    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Paul Merrell

Lincoln Chafee Says He'll Push Hillary Clinton on Privacy, Hound Her on Iraq - US News - 0 views

www.usnews.com/...n-on-privacy-hound-her-on-iraq

Auction 2016 Chafee Hillary issues Iraq-War Snowden-pardon marijuana surveillance state 215

shared by Paul Merrell on 15 Apr 15 - No Cached
  • Lincoln Chafee, the former Rhode Island governor and senator, says the Democratic Party needs a presidential candidate who will champion Americans’ constitutional rights and scorn unnecessary wars – and that he may be the right person for the job. Chafee unexpectedly launched a presidential exploratory committee Thursday and tells U.S. News he intends to make civil liberties a major part of his likely campaign, with an anti-mass surveillance message similar to those trumpeted by Republican candidates Sens. Rand Paul and Ted Cruz. The National Security Agency’s dragnet collection of phone records violates Americans’ Fourth Amendment rights, Chafee says, offering a sharp contrast to the difficult-to-discern and vague positions of other prospective Democratic candidates. “The words of the Fourth Amendment are very clear: You need a warrant. That’s strict language, and ‘no warrants shall issue, but upon probable cause,’” he says. “It’s not complicated.”
  • If he jumps into the race, Chafee says he will seek to pressure front-runner Hillary Clinton – expected to announce her candidacy on Sunday – to bend toward pro-civil liberties positions, though he says he wants to be fair and credits Clinton for previously opposing immunity for companies who allegedly complied with government surveillance. Chafee, from a prominent political family, was a liberal Republican in the U.S. Senate from 1999 to 2007. He was elected Rhode Island governor in 2010 as an independent and became a Democrat in 2013. He did not seek a second term and left office in January. As a senator, Chafee voted for the USA Patriot Act in 2001 (as did Clinton) and to renew expiring provisions of the act in 2006. He says he, like Patriot Act author Rep. Jim Sensenbrenner, R-Wis., was shocked to learn from whistleblower Edward Snowden that the executive branch interpreted the law as allowing the bulk collection of U.S. phone records. “I don't believe it granted any power to tap phones or any other surveillance without a warrant. That’s a definite stretch,” he says.
  • Chafee says he plans to announce a position on pardoning Snowden in the near future and says he’s also considering his position on marijuana legalization. Most Americans favor legalization, polls show, but few mainstream politicians do. “That’s another issue that will evolve during the campaign,” he says.
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  • One issue about which Chafee has firmly made up his mind is the 2003 U.S. invasion of Iraq. He voted against the invasion in 2002, while Clinton voted in favor – a move she later described as a mistake. Her vote helped Barack Obama rally progressives to his side and against Clinton in 2008, and Chafee says it still should make her an unacceptable pick. “It’s not a dead issue because we live with the effects of that vote today," he says. "The turmoil in the Middle East and North Africa is all because of that mistake we made in authorizing President Bush in 2002 to invade Iraq. Even though it was a long time ago, we live with the damage today.”
  • Paul Merrell on 15 Apr 15
     
    Hillary: wrong on war in Iraq. Wrong on war in Libya. Appointed neocons in the State Department who brought us war in Ukraine. Too trigger happy to be trusted to lead the nation. 
Paul Merrell

U.S. Airstrikes on ISIS in Tikrit Prompt Boycott by Shiite Fighters - NYTimes.com - 0 views

www.nytimes.com/...-raids-islamic-state-isis.html

war & peace Iraq U.S.-foreign-policy bombing Shia-militias yankee-go-home

shared by Paul Merrell on 28 Mar 15 - No Cached
  • By Day 2 of the American airstrike campaign against militants holed up in Tikrit, the mission appeared beleaguered on several fronts on Thursday: Thousands of Shiite militiamen boycotted the fight, others threatened to attack any Americans they found, and Iraqi officials said nine of their fighters had been accidentally killed in an airstrike.In Washington, American military leaders insisted that things were going according to plan. They said that they were stepping into the Tikrit fight only after the Iranian- and militia-led advance on the city had stalled after three weeks, and that they welcomed working solely with Iraqi government forces.Gen. Lloyd Austin, the head of the United States Central Command, told a Senate hearing on Thursday that no Shiite militias remained in Tikrit.
  • While the withdrawal of Iranian-led Shiite militias was one of the preconditions for the Americans to join the fight against the Islamic State in Tikrit, the sudden departure of three of the major groups risked leaving the Iraqi ground forces short-handed, especially if other Shiite militiamen also abandoned the fight.
  • The three militia groups, some of which had Iranian advisers with them until recently, pulled out of the Tikrit fight to protest the American airstrikes, which began late Wednesday night, insisting that the Americans were not needed to defeat the extremists in Tikrit.Too great or abrupt a withdrawal by militia forces, analysts said, could complicate the entire Iraqi counteroffensive. Even with the militias involved, officials said the current pro-government force would not be large enough to eventually help take Mosul back from the Islamic State, also known as ISIS or ISIL.Top officials at the Pentagon appeared to think that it would not be easy to retake even Tikrit without Iranian help. “It’s going to require the kind of hammer-and-anvil approach of ground forces forcing ISIL to respond in ways that they’re targetable by air power,” one Defense Department official said. “But we’re less than 24 hours into it.”
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  • Another official, asked if he was worried that the United States now owned the Tikrit operation, said, “Yes. This was a calculated risk, but it’s one that had to be taken.” Both officials spoke on grounds of anonymity because they were not authorized to speak publicly on the issue.Together, the four Shiite groups that objected to the American air role already represent more than a third of the 30,000 fighters on the government side in the offensive against the Islamic State, analysts said.
  • One of the leaders of the biggest militias in the fight, the Badr Organization, also criticized the American role and said his group, too, might pull out.Continue reading the main story “We don’t need the American-led coalition to participate in Tikrit. Tikrit is an easy battle, we can win it ourselves,” said Mueen al-Kadhumi, who is one of the Shiite militia group’s top commanders.
  • The Badr Organization fields the largest cohesive ground force in the conflict, and its withdrawal from Tikrit would be potentially catastrophic, according to Wafiq al-Hashimi, the head of the Iraqi Group for Strategic Studies. “Dr. Abadi rushed into this decision to liberate Tikrit with the Americans without taking time to work out a compromise among all these groups and the Americans, most of whom have a lot of disputes with the Americans,” Mr. Hashimi said.Another Iranian-aligned Shiite militia group reacted with defiance and threats against the Americans.
  • “We are staying in Tikrit, we are not leaving and we are going to target the American-led coalition in Tikrit and their creation, ISIS,” said Akram al-Kabi, the leader of the Nujabaa Brigade, a powerful militia that has previously sent fighters to Syria on behalf of the Bashir al-Assad government there.His remarks raised the possibility that the group would use antiaircraft fire against coalition warplanes, using Iraqi fighting positions.On Thursday night, an airstrike on the village of Alvu Ajeel, on the edge of Tikrit, killed six Shiite militiamen, as well as three federal policemen, one of them a colonel, according to a spokesman for the Iraqi military’s Salahuddin Operations Command. The strike was thought to have been carried out by the United States.
  • The other groups that announced they would boycott the Tikrit operation were Qatab Hizbullah, which like Asaib Ahl al-Haq is closely aligned and supported by Iran, and the Peace Brigade, the latest name for a militia made of up followers of the Shiite cleric Moktada al-Sadr, previously known as the Mahdi Army.Mr. Sadr, whose troops fought bitter battles against the Americans during much of the Iraq war, said his group was pulling out because, “The participation of the so-called international alliance is to protect ISIS on the one hand, and to confiscate the achievements of the Iraqis on the other hand.”
  • Paul Merrell on 28 Mar 15
     
    Big "Yankee, go home" message from the Shia militias. They don't trust the U.S. for some strange reason. Not. The U.S. well earned their distrust.
Paul Merrell

Tech firms and privacy groups press for curbs on NSA surveillance powers - The Washingt... - 0 views

www.washingtonpost.com/...4-ab77-9646eea6a4c7_story.html

surveillance state Patriot-Act 215-sunset NSA-reform legislation

shared by Paul Merrell on 29 Mar 15 - No Cached
  • The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.
  • We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.
  • That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.
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  • Despite growing opposition in some quarters to ending the NSA’s program, a “clean” authorization — one that would enable its continuation without any changes — is unlikely, lawmakers from both parties say. Sen. Ron Wyden (D-Ore.), a leading opponent of the NSA’s program in its current format, said he would be “surprised if there are 60 votes” in the Senate for that. In the House, where there is bipartisan support for reining in surveillance, it’s a longer shot still. “It’s a toxic vote back in your district to reauthorize the Patriot Act, if you don’t get some reforms” with it, said Rep. Thomas Massie (R-Ky.). The House last fall passed the USA Freedom Act, which would have ended the NSA program, but the Senate failed to advance its own version.The House and Senate judiciary committees are working to come up with new bipartisan legislation to be introduced soon.
  • The tech firms and privacy groups’ demands are a baseline, they say. Besides ending bulk collection, they want companies to have the right to be more transparent in reporting on national security requests and greater declassification of opinions by the Foreign Intelligence Surveillance Court.
  • Some legal experts have pointed to a little-noticed clause in the Patriot Act that would appear to allow bulk collection to continue even if the authority is not renewed. Administration officials have conceded privately that a legal case probably could be made for that, but politically it would be a tough sell. On Tuesday, a White House spokesman indicated the administration would not seek to exploit that clause. “If Section 215 sunsets, we will not continue the bulk telephony metadata program,” National Security Council spokesman Edward Price said in a statement first reported by Reuters. Price added that allowing Section 215 to expire would result in the loss of a “critical national security tool” used in investigations that do not involve the bulk collection of data. “That is why we have underscored the imperative of Congressional action in the coming weeks, and we welcome the opportunity to work with lawmakers on such legislation,” he said.
  • Paul Merrell on 29 Mar 15
     
    I omitted some stuff about opposition to sunsetting the provisions. They  seem to forget, as does Obama, that the proponents of the FISA Court's expansive reading of section 215 have not yet come up with a single instance where 215-derived data caught a single terrorist or prevented a single act of terrorism. Which means that if that data is of some use, it ain't in fighting terrorism, the purpose of the section.  Patriot Act § 215 is codified as 50 USCS § 1861, https://www.law.cornell.edu/uscode/text/50/1861 That section authorizes the FBI to obtain an iorder from the FISA Court "requiring the production of *any tangible things* (including books, records, papers, documents, and other items)."  Specific examples (a non-exclusive list) include: the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The Court can order that the recipient of the order tell no one of its receipt of the order or its response to it.   In other words, this is about way more than your telephone metadata. Do you trust the NSA with your medical records? 
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

nakedsecurity.sophos.com/...-in-germany-to-evade-us-spying

surveillance state NSA FBI EU data-centers privacy

shared by Paul Merrell on 14 Nov 15 - No Cached
  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
  • Paul Merrell on 14 Nov 15
     
    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

NSA Director Finally Admits Encryption Is Needed to Protect Public's Privacy - 0 views

www.mintpressnews.com/...213028

surveillance state encryption NSA Comey

shared by Paul Merrell on 25 Jan 16 - No Cached
  • NSA Director Finally Admits Encryption Is Needed to Protect Public’s Privacy The new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. By Carey Wedler | AntiMedia | January 22, 2016 Share this article! https://mail.google.com/mail/?view=cm&fs=1&to&su=NSA%20Director%20Finally%20Admits%20Encryption%20Is%20Needed%20to%20Protect%20Public%E2%80%99s%20Privacy&body=http%3A%2F%2Fwww.mintpress
  • At the same hearing, Comey and Attorney General Loretta Lynch declined to comment on whether they had proof the Paris attackers used encryption. Even so, Comey recently lobbied for tech companies to do away with end-to-end encryption. However, his crusade has fallen on unsympathetic ears, both from the private companies he seeks to control — and from the NSA. Prior to Rogers’ statements in support of encryption Thursday, former NSA chief Michael Hayden said, “I disagree with Jim Comey. I actually think end-to-end encryption is good for America.” Still another former NSA chair has criticized calls for backdoor access to information. In October, Mike McConnell told a panel at an encryption summit that the United States is “better served by stronger encryption, rather than baking in weaker encryption.” Former Department of Homeland Security chief, Michael Chertoff, has also spoken out against government being able to bypass encryption.
  • Rogers cited the recent Office of Personnel Management hack of over 20 million users as a reason to increase encryption rather than scale it back. “What you saw at OPM, you’re going to see a whole lot more of,” he said, referring to the massive hack that compromised the personal data about 20 million people who obtained background checks. Rogers’ comments, while forward-thinking, signify an about face in his stance on encryption. In February 2015, he said he “shares [FBI] Director [James] Comey’s concern” about cell phone companies’ decision to add encryption features to their products. Comey has been one loudest critics of encryption. However, Rogers’ comments on Thursday now directly conflict with Comey’s stated position. The FBI director has publicly chastised encryption, as well as the companies that provide it. In 2014, he claimed Apple’s then-new encryption feature could lead the world to “a very dark place.” At a Department of Justice hearing in November, Comey testified that “Increasingly, the shadow that is ‘going dark’ is falling across more and more of our work.” Though he claimed, “We support encryption,” he insisted “we have a problem that encryption is crashing into public safety and we have to figure out, as people who care about both, to resolve it. So, I think the conversation’s in a healthier place.”
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  • Regardless of these individual defenses of encryption, the Intercept explained why these statements may be irrelevant: “Left unsaid is the fact that the FBI and NSA have the ability to circumvent encryption and get to the content too — by hacking. Hacking allows law enforcement to plant malicious code on someone’s computer in order to gain access to the photos, messages, and text before they were ever encrypted in the first place, and after they’ve been decrypted. The NSA has an entire team of advanced hackers, possibly as many as 600, camped out at Fort Meade.”
  • Rogers statements, of course, are not a full-fledged endorsement of privacy, nor can the NSA be expected to make it a priority. Even so, his new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. “So spending time arguing about ‘hey, encryption is bad and we ought to do away with it’ … that’s a waste of time to me,” Rogers said Thursday. “So what we’ve got to ask ourselves is, with that foundation, what’s the best way for us to deal with it? And how do we meet those very legitimate concerns from multiple perspectives?”
Paul Merrell

The FBI Has a New Plan to Spy on High School Students Across the Country | Alternet - 0 views

www.alternet.org/...school-students-across-country

surveillance state FBI school-surveillance

shared by Paul Merrell on 11 Mar 16 - No Cached
  • Under new guidelines, the FBI is instructing high schools across the country to report students who criticize government policies and “western corruption” as potential future terrorists, warning that “anarchist extremists” are in the same category as ISIS and young people who are poor, immigrants or travel to “suspicious” countries are more likely to commit horrific violence.Based on the widely unpopular British “anti-terror” mass surveillance program, the FBI’s "Preventing Violent Extremism in Schools" guidelines, released in January, are almost certainly designed to single out and target Muslim-American communities. However, in its caution to avoid the appearance of discrimination, the agency identifies risk factors that are so broad and vague that virtually any young person could be deemed dangerous and worthy of surveillance, especially if she is socio-economically marginalized or politically outspoken.
  • This overwhelming threat is then used to justify a massive surveillance apparatus, wherein educators and pupils function as extensions of the FBI by watching and informing on each other.The FBI’s justification for such surveillance is based on McCarthy-era theories of radicalization, in which authorities monitor thoughts and behaviors that they claim to lead to acts of violent subversion, even if those people being watched have not committed any wrongdoing. This model has been widely discredited as a violence prevention method, including by the U.S. government, but it is now being imported to schools nationwide as official federal policy.
  • Under the category of domestic terrorists, the educational materials warn of the threat posed by “anarchist extremists.” The FBI states, “Anarchist extremists believe that society should have no government, laws, or police, and they are loosely organized, with no central leadership… Violent anarchist extremists usually target symbols of capitalism they believe to be the cause of all problems in society—such as large corporations, government organizations, and police agencies.”Similarly, “Animal Rights Extremists and Environmental Extremists” are placed alongside “white supremacy extremists”, ISIS and Al Qaeda as terrorists out to recruit high school students. The materials also instruct students to watch out for  extremist propaganda messages that communicate criticisms of "corrupt western nations" and express "government mistrust.”If you "see suspicious behavior that might lead to violent extremism," the resource states, consider reporting it to "someone you trust," including local law enforcement officials like police officers and FBI agents.
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  • “The whole concept of CVE is based on the conveyor belt theory – the idea that ‘extreme ideas’ lead to violence,” Michael German, a fellow with the Brennan Center for Justice’s Liberty and National Security Program, told AlterNet. “These programs fall back on the older ‘stages of radicalization’ models, where the identified indicators are the expression of political grievances and religious practices.”The lineage of this model can be traced to the first red scare in America, as well as J. Edgar Hoover’s crackdown on civil rights and anti-war activists. In the post-9/11 era, the conveyor-belt theory has led to the mass surveillance of Muslims communities by law enforcement outfits ranging from the FBI to the New York Police Department.U.S. government agencies continue to embrace this model despite the fact that it has been thoroughly debunked by years of scholarly research, Britain’s M15 spy agency and an academic study directly supported by the Department of Homeland Security.
  • “The document aims to encourage schools to monitor their students more carefully for signs of radicalization but its definition of radicalization is vague,” said Arun Kundnani, author of The Muslims are Coming! Islamophobia, extremism, and the domestic War on Terror and an adjunct professor at New York University. “Drawing on the junk science of radicalization models, the document dangerously blurs the distinction between legitimate ideological expression and violent criminal actions.”
  • As Hugh Handeyside, staff attorney for the ACLU’s national security project, told AlterNet, “Broadening the definition of violent extremism to include a range of belief-driven violence underscores that the FBI is diving head-first into community spying. Framing this conduct as ‘concerning behavior’ doesn’t conceal the fact that the FBI is policing students’ thoughts and trying to predict the future based on those thoughts.”
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.
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