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Paul Merrell

Loopholes Exclude Intelligence Contractors Like Snowden From Whistleblower Protections - 0 views

www.ibtimes.com/stleblower-protections-1301913

surveillance state NSA Snowden whistleblower-law

shared by Paul Merrell on 19 Jun 13 - No Cached
  • Due to carve-outs in federal law, U.S. whistle-blowers who work as contract employees for the intelligence community -- like confessed leaker Edward Snowden -- have virtually no protections.
  • There is a complex anatomy of whistle-blower protections depending on whether an employee works for an intelligence agency and whether he or she is a contractor or an employee of the government. But nowhere is the difference more stark than in the intelligence community, where contractors lack protections afforded to their government employee counterparts. Whistle-blower advocates actually fear that this lack of protections could lead to more leaks. “I would say that there is a gaping loophole for intelligence community contractors,” said Angela Canterbury, director of public policy at the Project on Government Oversight. “The riskiest whistle-blowing that you can possibly do on the government is as an intelligence contractor.”
  • Though whistle-blower advocates have actually won increased protections in recent months, intelligence contractors have repeatedly been left out. Intelligence workers are not covered by the Whistle-blower Protection Act. When Congress passed the Whistle-blower Protection Enhancement Act last fall, at the request of the U.S. House Intelligence Committee, the law’s protections didn’t apply to the intelligence community workers -- both contract and government employees. When Congress added whistle-blower protections specifically for contract employees to the National Defense Reauthorization Act of 2013, intelligence contractors were again excluded. To fill the void, President Obama issued Public Policy Directive (PPD) 19 in October 2012 to extend protections to national security workers. However, his directive made no mention of contractors. Because PPD-19 was initially classified and is actually being implemented in secret, advocates are unsure how strong the protections for government intelligence workers actually are. The directive made no mention of contract workers specifically and Canterbury said she would be “actually shocked and astounded” if the directive were interpreted to apply to contractors.
  • ...1 more annotation...
  • In terms of Snowden's rights, he could have legally raised his concerns with either the office of the intelligence community inspector general or a congressional intelligence committee, but he would have had no protections against any form of retaliation, including losing his job and security clearance. “The ramification [of excluding intelligence contractors] is that a whistle-blower in their right mind would make a public disclosure if they wanted [to bring attention] to wrongdoing because blowing the whistle internally would be very dangerous for their careers,” Canterbury said. “In the case of Snowden, he calculated that his career was over in any case,” Canterbury added. “I’m sure that internal whistle-blowing was not high on the list of ways to get accountability to the issue.
  • Paul Merrell on 19 Jun 13
     
    So much for the much publicized government propaganda that Snowden should have gone through channels rather than leaking.  
Paul Merrell

ExposeFacts - For Whistleblowers, Journalism and Democracy - 0 views

exposefacts.org

transparency whistle-blowers resources Wikileaks Tail

shared by Paul Merrell on 06 Jun 14 - No Cached
  • Launched by the Institute for Public Accuracy in June 2014, ExposeFacts.org represents a new approach for encouraging whistleblowers to disclose information that citizens need to make truly informed decisions in a democracy. From the outset, our message is clear: “Whistleblowers Welcome at ExposeFacts.org.” ExposeFacts aims to shed light on concealed activities that are relevant to human rights, corporate malfeasance, the environment, civil liberties and war. At a time when key provisions of the First, Fourth and Fifth Amendments are under assault, we are standing up for a free press, privacy, transparency and due process as we seek to reveal official information—whether governmental or corporate—that the public has a right to know. While no software can provide an ironclad guarantee of confidentiality, ExposeFacts—assisted by the Freedom of the Press Foundation and its “SecureDrop” whistleblower submission system—is utilizing the latest technology on behalf of anonymity for anyone submitting materials via the ExposeFacts.org website. As journalists we are committed to the goal of protecting the identity of every source who wishes to remain anonymous.
  • The seasoned editorial board of ExposeFacts will be assessing all the submitted material and, when deemed appropriate, will arrange for journalistic release of information. In exercising its judgment, the editorial board is able to call on the expertise of the ExposeFacts advisory board, which includes more than 40 journalists, whistleblowers, former U.S. government officials and others with wide-ranging expertise. We are proud that Pentagon Papers whistleblower Daniel Ellsberg was the first person to become a member of the ExposeFacts advisory board. The icon below links to a SecureDrop implementation for ExposeFacts overseen by the Freedom of the Press Foundation and is only accessible using the Tor browser. As the Freedom of the Press Foundation notes, no one can guarantee 100 percent security, but this provides a “significantly more secure environment for sources to get information than exists through normal digital channels, but there are always risks.” ExposeFacts follows all guidelines as recommended by Freedom of the Press Foundation, and whistleblowers should too; the SecureDrop onion URL should only be accessed with the Tor browser — and, for added security, be running the Tails operating system. Whistleblowers should not log-in to SecureDrop from a home or office Internet connection, but rather from public wifi, preferably one you do not frequent. Whistleblowers should keep to a minimum interacting with whistleblowing-related websites unless they are using such secure software.
    • Gary Edwards
      Gary Edwards on 07 Jun 14
       
      Thanks Paul! Great article and I agree with you about switching. Rather than a USB, I would rather look into a SSD and try to isolate performance to an ISP bandwidth issue. FYI, I read your Diigo posts daily at this Web site: https://groups.diigo.com/group/socialism-and-the-end-of-the-american-dream/content/user/marbux Seems to be the best visual presentation of your research. I do however think Diigo could improve their hosting of this research by enabling more extensive comments. Notice that your comments are often clipped :( Still, I really do appreciate your sharing both your research and your commentary. Priceless stuff! Many thanks! ~ge~
  • Paul Merrell on 06 Jun 14
     
    A new resource site for whistle-blowers. somewhat in the tradition of Wikileaks, but designed for encrypted communications between whistleblowers and journalists.  This one has an impressive board of advisors that includes several names I know and tend to trust, among them former whistle-blowers Daniel Ellsberg, Ray McGovern, Thomas Drake, William Binney, and Ann Wright. Leaked records can only be dropped from a web browser running the Tor anonymizer software and uses the SecureDrop system originally developed by Aaron Schwartz. They strongly recommend using the Tails secure operating system that can be installed to a thumb drive and leaves no tracks on the host machine. https://tails.boum.org/index.en.html Curious, I downloaded Tails and installed it to a virtual machine. It's a heavily customized version of Debian. It has a very nice Gnome desktop and blocks any attempt to connect to an external network by means other than installed software that demands encrypted communications. For example, web sites can only be viewed via the Tor anonymizing proxy network. It does take longer for web pages to load because they are moving over a chain of proxies, but even so it's faster than pages loaded in the dial-up modem days, even for web pages that are loaded with graphics, javascript, and other cruft. E.g., about 2 seconds for New York Times pages. All cookies are treated by default as session cookies so disappear when you close the page or the browser. I love my Linux Mint desktop, but I am thinking hard about switching that box to Tails. I've been looking for methods to send a lot more encrypted stuff down the pipe for NSA to store. Tails looks to make that not only easy, but unavoidable. From what I've gathered so far, if you want to install more software on Tails, it takes about an hour to create a customized version and then update your Tails installation from a new ISO file. Tails has a wonderful odor of having been designed for secure computing. Current
Gary Edwards

The Ultimate Net Monitoring Tool: NARUS - 0 views

www.wired.com/...70914

NSA Domestic-Spying NARUS

shared by Gary Edwards on 06 Jun 13 - Cached
  • Gary Edwards on 06 Jun 13
     
    Chilling stuff.  Note that Mark Klien is an important whistleblower whose testimony has helped expose the  Federal Government - NSA domestic dragnet that has violated the constitutional rights of hundreds of thousands of law abiding American citizens.  The question I have concerns cooperation between NSA NARUS spying and the IRS. We know that the IRS used key words such as "TEA PARTY", "PATRIOT", "Constitution", and "Tenth Amendment" to target American citizens.  Does the NSA NARUS target Americans in the same way?  Are there political enemy lists with background surveillance information now circulating through different government agencies based on this targeted and illegal spying? The first thing we need to do is protect whistle blowers who are risking it all to protect the constitutional rights of American citizens and save our country.   "The equipment that technician Mark Klein learned was installed in the National Security Agency's "secret room" inside AT&T's San Francisco switching office isn't some sinister Big Brother box designed solely to help governments eavesdrop on citizens' internet communications. Rather, it's a powerful commercial network-analysis product with all sorts of valuable uses for network operators. It just happens to be capable of doing things that make it one of the best internet spy tools around. "Anything that comes through (an internet protocol network), we can record," says Steve Bannerman, marketing vice president of Narus, a Mountain View, California, company. "We can reconstruct all of their e-mails along with attachments, see what web pages they clicked on, we can reconstruct their (voice over internet protocol) calls."" Narus' product, the Semantic Traffic Analyzer, is a software application that runs on standard IBM or Dell servers using the Linux operating system. It's renowned within certain circles for its ability to inspect traffic in real time on high-bandwidth pipes, identifying packets of interest as they r
Paul Merrell

Edward Snowden, Whistle-Blower - NYTimes.com - 0 views

www.nytimes.com/...rd-snowden-whistle-blower.html

security state Snowden Obama lies

shared by Paul Merrell on 05 Jan 14 - No Cached
  • The president said in August that Mr. Snowden should come home to face those charges in court and suggested that if Mr. Snowden had wanted to avoid criminal charges he could have simply told his superiors about the abuses, acting, in other words, as a whistle-blower. “If the concern was that somehow this was the only way to get this information out to the public, I signed an executive order well before Mr. Snowden leaked this information that provided whistle-blower protection to the intelligence community for the first time,” Mr. Obama said at a news conference. “So there were other avenues available for somebody whose conscience was stirred and thought that they needed to question government actions.” In fact, that executive order did not apply to contractors, only to intelligence employees, rendering its protections useless to Mr. Snowden. More important, Mr. Snowden told The Washington Post earlier this month that he did report his misgivings to two superiors at the agency, showing them the volume of data collected by the N.S.A., and that they took no action. (The N.S.A. says there is no evidence of this.) That’s almost certainly because the agency and its leaders don’t consider these collection programs to be an abuse and would never have acted on Mr. Snowden’s concerns.
  • Paul Merrell on 05 Jan 14
     
    Obama caught on another whopper about NSA/
Gary Edwards

International Community Rejects American Hegemony In Efforts To Capture Snowd... - 0 views

personalliberty.com/...-in-efforts-to-capture-snowden

Edward-Snowden NSA-Patriot-Act-NDAA

shared by Gary Edwards on 25 Jun 13 - No Cached
  • With regard to National Security Agency leaker Edward Snowden, it looks like the United States’ international hegemonic policies have encouraged a number of foreign leaders to question the Nation’s dedication to justice and resist calls to turn the whistle-blower over to U.S. authorities. There is a noticeable disconnect between what U.S. officials say on the international stage about the need to protect whistle-blowers and dissidents, and how officials go about dealing with people who engage in those activities at home.
  • Meanwhile, Ecuadorian Foreign Minister Ricardo Patino asked a question Monday that is likely on the minds of most average Americans:
  • Has Snowden really betrayed average Americans and their safety, or did he simply ruffle the feathers of the Nation’s powerful elite?
  • ...2 more annotations...
  • Ecuador is considering offering Snowden permanent asylum, questioning whether the whistle-blower has any real chance of receiving a fair trial in his home country. The nation’s leaders say they feel compelled to offer Snowden asylum because they operate under a policy of placing human rights before the interests of any party.
  • Furthermore, Ecuadorian officials say it doesn’t make sense that a man who revealed rights abuses would face prosecution from the alleged abusers.
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

www.computerweekly.com/...t-NSA-surveillance-says-report

surveillance state NSA NSA-blowback EU cloud computing whistle-blowers

shared by Paul Merrell on 27 Sep 13 - No Cached
  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
  • ...2 more annotations...
  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
  • Paul Merrell on 27 Sep 13
     
    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

Edward Snowden, Whistle-Blower - NYTimes.com - 0 views

www.nytimes.com/...rd-snowden-whistle-blower.html

surveillance state Snowden nytimes amnesty

shared by Paul Merrell on 04 Jan 14 - No Cached
  • Considering the enormous value of the information he has revealed, and the abuses he has exposed, Mr. Snowden deserves better than a life of permanent exile, fear and flight. He may have committed a crime to do so, but he has done his country a great service. It is time for the United States to offer Mr. Snowden a plea bargain or some form of clemency that would allow him to return home, face at least substantially reduced punishment in light of his role as a whistle-blower, and have the hope of a life advocating for greater privacy and far stronger oversight of the runaway intelligence community.
  • Paul Merrell on 04 Jan 14
     
    The New York Times comes out in an editorial by its Editorial Board, calling for amnesty for Edward Snowden. To my knowledge, this is the first mainstream media outlet to do so.
Paul Merrell

Edward Snowden doesn't deserve clemency: The NSA leaker hasn't proved he is a whistlebl... - 0 views

www.slate.com/...r_hasn_t_proved_he.single.html

surveillance state NSA Snowden amnesty

shared by Paul Merrell on 06 Jan 14 - No Cached
  • And yet I firmly disagree with the New York Times’ Jan. 1 editorial (“Edward Snowden, Whistle-Blower”), calling on President Obama to grant Snowden “some form of clemency” for the “great service” he has done for his country.
  • If that were all that Snowden had done, if his stolen trove of beyond-top-secret documents had dealt only with the NSA’s domestic surveillance, then some form of leniency might be worth discussing. But Snowden did much more than that. The documents that he gave the Washington Post’s Barton Gellman and the Guardian’s Glenn Greenwald have, so far, furnished stories about the NSA’s interception of email traffic, mobile phone calls, and radio transmissions of Taliban fighters in Pakistan’s northwest territories; about an operation to gauge the loyalties of CIA recruits in Pakistan; about NSA email intercepts to assist intelligence assessments of what’s going on inside Iran; about NSA surveillance of cellphone calls “worldwide,” an effort that (in the Post’s words) “allows it to look for unknown associates of known intelligence targets by tracking people whose movements intersect.” In his first interview with the South China Morning Post, Snowden revealed that the NSA routinely hacks into hundreds of computers in China and Hong Kong. These operations have nothing to do with domestic surveillance or even spying on allies. They are not illegal, improper, or (in the context of 21st-century international politics) immoral. Exposing such operations has nothing to do with “whistle-blowing.”
  • Paul Merrell on 06 Jan 14
     
    Another "kill the messenger" piece on Edward Snowden, this one by a Council on Foreign Relations analyst. 
Paul Merrell

Justices back air marshal who blew whistle on cutbacks - 0 views

www.usatoday.com/...18462071

tyranny whistleblower-law litigation

shared by Paul Merrell on 08 Nov 14 - No Cached
  • A former air marshal who leaked information about agency cutbacks had a good day at the Supreme Court Tuesday, while the federal government he served had trouble convincing justices that he deserved to be fired.The result could turn out to be a rare court victory for government whistle-blowers who expose potential dangers to health or safety, even if the disclosures violate agency rules.Nearly all the justices appeared to agree that Robert MacLean was within his rights in 2003 when he leaked the fact that the Transportation Security Administration was taking air marshals off overnight flights. MacLean believed the action risked passengers' safety, and his leak to MSNBC prompted congressional criticism, leading the TSA to reverse itself.
Gary Edwards

Banking Fraud/ Synchronicities - Coast to Coast AM - 0 views

www.coasttocoastam.com/...06

petro-GOLD Jerome-Corsi Banksters Iran Bankster-paper-currency petro-dollars

shared by Gary Edwards on 07 Feb 12 - No Cached
  • Gary Edwards on 07 Feb 12
     
    I listened to this show last night.  The interview with Jerome Corsi was something else.  He covered two topics; the bankster fraud behind the $2 Trillion dollar business known as the Mexican drug cartel.  And, the Obama effort to provoke the American people into war with Iran.   The Bankster fraud involves HSBC and a courageous whistle blower named John Cruz.  Includes volumes of secret tape recordings and documents that Mr. Cruz lifted.  Working as an employee of HSBC, specializing in face-to-face customer service, Cruz was repeatedly asked to overlook many activities he knew to be illegal.   The bottom line is that the banking giant Cruz worked for is heavily involved in an international money laundering scheme involving billions of dollars being laundered for international drug cartels.  To do this, the bank used a series of fake accounts based on stolen identities to funnel money back to clients - including the drug cartel criminals.  Corsi argued that "the complicit nature of the management of the HSBC bank running the scheme, suggests that someone in government-- like the CIA or Federal Reserve must have been aware of the wire transfers". Nothing about the CIA surprises me anymore.  (See the Ali Soufan tags at Diigo - http://www.diigo.com/user/garyedwards/Ali-Soufan?type=all).  But this is the first time i've seen the CIA enterprises linked to the Federal Reserve Bankster Cartel.  How is it that the money laundering of Trillions can happen anyway? As for war with Iran?  Corsi is behind the curve on this one.  The mullahs may look and sound like madmen bent on another Holocaust, but behind the scenes they are busy signing oil contracts with some very heavy hitting nations, including Russia, China, India, Japan and South Korea.  Yes, the world is heading for a showdown, but it's about petropaper dollars, GOLD and Bankster control of how oil transactions are settled.  The Banksters are demanding that Iran use their petropaper
Gary Edwards

Whistleblowers & NSA - Shows - Coast to Coast AM - 0 views

www.coasttocoastam.com/...27

William-Binney Edward-Snowden NSA-Patriot-Act-NDAA NSA-Whistleblower

shared by Gary Edwards on 02 Aug 13 - No Cached
  • Gary Edwards on 02 Aug 13
     
    Interview Date: 07-27-13 :: 3 hours on mp3 Host: John B. Wells Guests: William E. Binney This amazing interview covers 3 hours with William Edward Binney; the former highly placed intelligence official with the United States National Security Agency (NSA) turned whistleblower who resigned on October 31, 2001, after more than 30 years with the agency. He joined John B. Wells to discuss living his life as a whistleblower, the NSA scandal and related topics. "The NSA was chartered to do foreign intelligence only, not domestic intelligence," he said. Prior to the Bush Administration, if the NSA happened to randomly intercept a U.S. citizen's communications, the database was purged of the collection and records erased, Binney revealed. After 9/11 and per a "secret interpretation" of the Patriot Act, the NSA decided it could build a register of every phone in the country, he explained, noting that they now keep records on who every U.S. Citizen calls, how often and for how long. A person has the right to free association with others only as long as the NSA knows about it, he admonished. According to Binney, there is substantial danger that data collected from phone and internet communications as well as financial records will be used to target particular Americans, a scenario recently played out when the IRS was caught harassing tea party members, he pointed out. Because the threat is real and the spy organization's reach well beyond its original charter, Binney said he has signed an affidavit for the Electronic Frontier Foundation's lawsuit challenging the NSA's constitutional authority to collect this kind of information. Another peril to U.S. citizens are FISA Courts (Foreign Intelligence Surveillance Court) which can order the transfer of domestic intelligence data but have no way of validating the intelligence being given to them, he continued. Binney called for the defunding of FISA Courts since they, like the NSA, are in violation of their original charter. He
Paul Merrell

BFP Breaking News- Omidyar's PayPal Corporation Said To Be Implicated in Withheld NSA D... - 0 views

www.boilingfrogspost.com/...ated-in-withheld-nsa-documents

surveillance state NSA Greenwald Paypal bribery

shared by Paul Merrell on 13 Dec 13 - No Cached
  • Update 2: Glenn Greenwald Goes on Record: “I Don’t Doubt PayPal Cooperates with NSA!”
  • The 50,000-pages of documents obtained by NSA whistleblower Edward Snowden contain extensive documentation of PayPal Corporation’s partnership and cooperation with the National Security Agency (NSA), according to three NSA veterans. To date, no information has been released as to the extent of the working relationship and cooperation between the two entities- NSA and PayPal Corporation. What’s more, the billionaire owner of PayPal Corporation has entered into a $250 Million business partnership with two journalists-Glenn Greenwald and Laura Poitras, a journalist duo who possess the entire cache of evidence provided by Edward Snowden. Despite earlier pledges by the journalists in question, only one percent (1%) of Snowden’s documents has been released. BFP was recently contacted by a retired NSA official who claims that the documents obtained by NSA whistleblower Edward Snowden contain extensive documentation pertaining to NSA’s partnership with major U.S. financial institutions, including credit card companies and PayPal Corporation. The official, who requested anonymity, also alleges that a deal was made in early June, 2013 between the journalists involved in this recent NSA scandal and U.S. government officials, which was then sealed by secrecy and nondisclosure agreements by all parties involved. Upon receiving this report BFP contacted three other high-level former NSA officials for additional information and comments.
  • Paul Merrell on 13 Dec 13
     
    Glenn Greenwald accused of accepting a bribe from NSA-affiliated PayPal  by respected whistle-blower Sibel Edmonds. 
Paul Merrell

Testimony of the National Intelligence Director - NYTimes.com - 0 views

www.nytimes.com/...nal-intelligence-director.html

security state NSA lies Clapper

shared by Paul Merrell on 05 Jan 14 - No Cached
  • “Edward Snowden, Whistle-Blower” (editorial, Jan. 2) repeats the allegation that James R. Clapper Jr., the director of national intelligence, “lied” to Congress about the collection of bulk telephony metadata. As a witness to the relevant events and a participant in them, I know that allegation is not true.
  • ROBERT S. LITT General Counsel, Office of the Director of National Intelligence Washington, Jan. 3, 2014
  • Paul Merrell on 05 Jan 14
     
    The NSA's General Counsel attempts to paint James Clapper's lie to Congress as not a lie while acknowledging that his answer was false. Don't look for logic here. Whatever happened to Clapper's later admission that his answer was "the least untruthful answer" he could give in a public session.  Clapper needs to be prosecuted for perjury in his Congressional testimony.   
Paul Merrell

12-35924 :: Tomosaitis v. URS Inc. :: U.S. Court of Appeals for the Ninth Circuit :: U.... - 0 views

law.justia.com/...12-35924-2014-11-07.html

whistleblower-law litigation whistleblower-rights constitutional law

shared by Paul Merrell on 08 Nov 14 - No Cached
  • Tomosaitis v. URS Inc.
  • Plaintiff filed suit against his employer (URS) and the DOE, alleging violations of the Energy Reorganization Act (ERA), 42 U.S.C. 5851(b)(4), whistleblower protection provision, and requested a jury trial. The district court partially dismissed the complaint, denied a jury trial, and granted summary judgment against plaintiff. The court held that before an employee may opt out of the agency process and bring a retaliation suit against a respondent in federal court, that respondent must have had notice of, and an opportunity to participate in, the agency action for one year. In this case, plaintiff's claim against DOE failed for lack of administrative exhaustion. The court concluded that the administrative exhaustion was sufficient as to URS E&C. The court affirmed the district court's dismissal of URS Corp. for lack of administrative exhaustion. The court also concluded that, since plaintiff has shown that his protected activity was a "contributing factor" in the adverse employment action he suffered, he has met his burden for establishing a prima facie case of retaliation under the ERA. Further, the evidence created a genuine issue of fact as to whether plaintiff's compensation, terms, conditions, or privileges of employment were affected by his transfer. The court reversed the grant of summary judgment to URS E&C for ERA whistleblower retaliation. Finally, the court held that plaintiff has a constitutional right to a jury trial for his claims seeking money damages against URS E&C and the court reversed the district court's ruling.
  • Paul Merrell on 08 Nov 14
     
    A big victory for whistle-blowers.  
Gary Edwards

Why the Ruling Class is So Upset About Edward Snowden » CounterPunch: Tells t... - 0 views

www.counterpunch.org/...-so-upset-about-edward-snowden

Gary-Leupp NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden

shared by Gary Edwards on 26 Jun 13 - No Cached
  • the networks now compete with one another to generate outrage—not at the spying, mind you, but at Snowden for violating the law.
  • O’Reilly’s current position is that while a hero, Snowden should be placed on trial and judged by a jury. Which is to say, he should be apprehended abroad, brought back in handcuffs and treated to the same benefits of the U.S. judicial system enjoyed by a Bradley Manning or a Guantanamo detainee.
  • He broke the law! He told us: “Any analyst at any time can target anyone.”
  • ...24 more annotations...
  • “He took an oath,” thunders Dianne Feinstein
  • chair of the Senate Intelligence Committee (and thus someone complicit in the spying programs).
  • What she means by this is that he broke his pledge, made when he became an employee of the CIA contractor Booz Allen Hamilton—which helps handle the massive effort to monitor all of us daily—to conceal any secrets he obtained as an employee.
  • She is of course not referring to the oath he made at the same time, to uphold the Constitution of the United States, which says very clearly that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”
  • Snowden has not merely revealed that the U.S. government has forced service providers Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple to share all their records with itself, in the form of mega-data that can only be accessed for content following the issuance of warrants from (secret) courts, in order to thwart real or imagined terrorist plots. He hasn’t merely shown that the NSA intercepts 1.7 billion electronic records every day (in order, of course, to thwart the terrorists). He has charged the following:
  • The FBI’s “Counterintelligence Program” (COINTELPRO), active from 1956 to 1971, collected information through wiretaps and other means with the specific objective of destroying civil rights and left-wing organizations.
  • Snowden indicates that those with that power can indeed gain access to what Bill Clinton recently called the “meat” of your communications.
  • That is, every word you’ve spoken on the phone recently, or maybe for several years; or test-messaged or instant-messaged online; can be accessed by government “analysts” at their whim.
  • in 2008, ABC News revealed that National Security Agency staffers enjoyed monitoring satellite phone sex involving U.S. officers in Iraq. It’s worth quoting at length.
  • “‘These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones,’ said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA’s Back Hall at Fort Gordon from November 2001 to 2003. Kinne described the contents of the calls as ‘personal, private things with Americans who are not in any way, shape or form associated with anything to do with terrorism.’ [...] Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad’s Green Zone from late 2003 to November 2007. ‘Calling home to the United States, talking to their spouses, sometimes their girlfriends, sometimes one phone call following another,’ said Faulk. [...] ‘Hey, check this out,’ Faulk says he would be told, ‘there’s good phone sex or there’s some pillow talk, pull up this call, it’s really funny, go check it out. It would be some colonel making pillow talk and we would say, ‘Wow, this was crazy,’ Faulk told ABC News.”
  • If that’s the way NSA analysts could deal with U.S. military officers in Iraq—fellow cogs in the system, fighting on behalf of U.S. imperialism—how much respect do you suppose they have for you and your privacy? For your security from their searches, their violations?
  • But the main issue is not your protection from phone-sex interlopers, but protection from those who want to do you harm.
  • “Any analyst at any time can target anyone. Any selector, anywhere… I, sitting at my desk, certainly had the authorities to wiretap anyone, from you or your accountant, to a federal judge, to even the President…”
  • One of its stated missions was to use surveillance on activists to release negative personal information to the public to discredit them. In many instances the agents succeeded, and they ruined lives. And their abilities to do so pale in comparison with the abilities of Obama’s NSA.
  • the Bush administration would be willing to learn a thing or two about domestic spying from the experts of the former Stasi. What ruling elite has ever gained more total information awareness about its citizens than the old German Democratic Republic?  And done it with such elegant legal scaffolding?
  • As historians such as Katherine Pence and Paul Betts have shown, the GDR authorities operated within scrupulously observed legal constraints. One sees this in the film Das Leben der Anderen (The Lives of Others) produced in the reunited Germany in 2006. It depicts the surveillance culture of the former East Germany, leaving the viewer nauseated.
  • Everything according to law.
  • I thought of that film while reading the lead Boston Globe editorial on June 13. It concludes that the “policies that [Snowden revealed], however objectionable, are properly authorized” while Snowden himself “broke the law.”
  • It all, in my humble opinion, boils down to thi
  • U.S. to World: “You Must View Snowden as a Criminal, and Give Him Back”
  • Suddenly, the Cold War has reappeared. Snowden is charged with espionage, some of his critics alleging that he’s in the service of the PRC and/or Russia or other “enemies.” It in fact appears that Beijing and Moscow both were taken by surprise by this episode, and that both have attempted to handle Snowden’s unexpected presence carefully to avoid annoying the U.S.
  • The entirety of the ruling elite and the journalistic establishment are keen on defending the programs Snowden has exposed; keen on punishing him for his whistle-blowing; determined to vilify him as a punk, narcissist, egoist, attention-hungry ne’er-do-well (anything but a thoughtful man who made a moral choice that has enlightened people about the character of the U.S. government); feverishly working on damage control while anticipating more damning revelations; and determined to get those four laptops with their incriminating content back into the bosom of the national security state.
  • Thus, you see, he’s not a whistle-blower but a criminal.
  • No, there are us, and there are them. The tiny power elite that controls the mainstream press and cable channels, the corporations that dutifully hand over mega-data to the state (and then deny doing so to allay consumer outrage), the twin political parties, are sick to their stomachs that they’ve been so exposed. We in our turn should feel, if not terrorized, nauseated.
  • Gary Edwards on 26 Jun 13
     
    This is a fun and enlightening read.  Extremely well written!  Maybe the most complete statement of both the facts of the Snowden - NSA disclosure event, and the mix of heartache and anger I feel about it.  Gut wrenching, nauseating and sick to my soul over what these clowns are doing to this great Republic, the Constitution, and the brief history of individual liberty this country represents.  Nicely written summary.
Paul Merrell

Memo to Potential Whistleblowers: If You See Something, Say Something | Global Research - 0 views

www.globalresearch.ca/...5385860

transparency whistle-blowers resources ExposeFacts.org

shared by Paul Merrell on 07 Jun 14 - No Cached
  • Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
  • Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
  • The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
  • ...2 more annotations...
  • Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
  • Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
  • Paul Merrell on 07 Jun 14
     
    While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance.  Hurrah!
Paul Merrell

Edward Snowden: US government has been hacking Hong Kong and China for years | South Ch... - 0 views

www.scmp.com/...en-hacking-hong-kong-and-china

surveillance state Snowden China Obama

shared by Paul Merrell on 13 Jun 13 - No Cached
  • US whistle-blower Edward Snowden yesterday emerged from hiding in Hong Kong and revealed to the South China Morning Post that he will stay in the city to fight likely attempts by his government to have him extradited for leaking state secrets. In an exclusive interview carried out from a secret location in the city, the former Central Intelligence Agency analyst also made explosive claims that the US government had been hacking into computers in Hong Kong and on the mainland for years.
  • Snowden believed there had been more than 61,000 NSA hacking operations globally, with hundreds of targets in Hong Kong and on the mainland. “We hack network backbones – like huge internet routers, basically – that give us access to the communications of hundreds of thousands of computers without having to hack every single one,” he said.
  • Snowden's revelations threaten to test new attempts to build US-Sino bridges after a weekend summit in California between the nations' presidents, Barack Obama and Xi Jinping. If true, Snowden's allegations lend credence to China's longstanding position that it is as much a victim of hacking as a perpetrator, after Obama pressed Xi to rein in cyber-espionage by the Chinese military.
Paul Merrell

Wells Fargo Fake Accounts Scandal Spreads To Life Insurance Business - 0 views

shadowproof.com/...preads-life-insurance-business

banksters Wells-Fargo life-insurance fraud

shared by Paul Merrell on 19 Dec 16 - No Cached
  • Today, Prudential Financial announced it would suspend the distribution of a low-cost life insurance policy through Wells Fargo. The low-cost life insurance policy, called MyTerm, had been promoted by Wells Fargo since 2014 throughout its large number of retail banking outlets. The suspension comes shortly after a wrongful termination lawsuit was filed by three former Prudential employees, which alleged that Wells Fargo employees signed up customers for MyTerm life insurance policies without the customer’s knowledge to hit sales goals. The plaintiffs, who worked at Prudential’s corporate investigations division, claim their reports of the fraud led to their termination because Prudential management did not want to take any action that could damage its business with Wells Fargo. If true, those allegations would fit an already established pattern of Wells Fargo employees creating fake customer checking, saving, and credit card accounts. The resulting scandal from those revelations led to Wells Fargo being fined $185 million and the resignation of the CEO, John Stumpf. Wells Fargo is already facing a new investigation by the SEC concerning whether the bank made proper disclosures to investors. It’s not clear if the company disclosed the nature of the Commodity Futures Trading Commission investigation and others that led to $185 million in fines, or whether the company knowingly transmitted false sales numbers based on the gains from fake accounts.
  • Though it is hard to quantify, Wells Fargo’s name, reputation, and brand have been undeniably damaged. After the publicity of the congressional hearings, it is likely that many potential customers will not use the bank’s services. Customers whose names were used to open fake accounts will probably never bank with Wells Fargo again. In fact, some of them are suing. That’s all before whatever further damage is done by the more recent accusations about the fake life insurance accounts from Prudential. Hopefully not lost in all this is that the initial plan by Wells Fargo executives was to scapegoat low-level employees for this entire scandal. Despite creating the “cross-selling” program, which forced employees to aggressively try to open new accounts and even firing those that did not or complained about it, Wells Fargo upper management initially took no responsibility for the fake account scandal. In all, over 5,000 low-level employees have been terminated and are likely never going to work in banking again, while the CEO and the executive responsible for managing the program, Carrie Tolstedt, will walk away with millions upon millions of dollars.
Paul Merrell

WASHINGTON: Seeing threats, feds target instructors of polygraph-beating methods | Insi... - 0 views

www.mcclatchydc.com/...s-feds-target-instructors.html

transparency Obama whistle-blowers polygraph

shared by Paul Merrell on 29 Jan 14 - No Cached
  • Federal agents have launched a criminal investigation of instructors who claim they can teach job applicants how to pass lie detector tests as part of the Obama administration’s unprecedented crackdown on security violators and leakers. The criminal inquiry, which hasn’t been acknowledged publicly, is aimed at discouraging criminals and spies from infiltrating the U.S. government by using the polygraph-beating techniques, which are said to include controlled breathing, muscle tensing, tongue biting and mental arithmetic. So far, authorities have targeted at least two instructors, one of whom has pleaded guilty to federal charges, several people familiar with the investigation told McClatchy. Investigators confiscated business records from the two men, which included the names of as many as 5,000 people who’d sought polygraph-beating advice. U.S. agencies have determined that at least 20 of them applied for government and federal contracting jobs, and at least half of that group was hired, including by the National Security Agency.
  • By attempting to prosecute the instructors, federal officials are adopting a controversial legal stance that sharing such information should be treated as a crime and isn’t protected under the First Amendment in some circumstances.
  • “Nothing like this has been done before,” John Schwartz, a U.S. Customs and Border Protection official, said of the legal approach in a June speech to a professional polygraphers’ conference in Charlotte, N.C., that a McClatchy reporter attended. “Most certainly our nation’s security will be enhanced.”“There are a lot of bad people out there. . . . This will help us remove some of those pests from society,” he added.
  • ...4 more annotations...
  • The federal government polygraphs about 70,000 people a year for security clearances and jobs, but most courts won’t allow polygraph results to be submitted as evidence, citing the machines’ unreliability. Scientists question whether polygraphers can identify liars by interpreting measurements of blood pressure, sweat activity and respiration. Researchers say the polygraph-beating techniques can’t be detected with certainty, either. Citing the scientific skepticism, one attorney compared the prosecution of polygraph instructors to indicting someone for practicing voodoo.
  • But instructors may be prosecuted if they know that the people they’re teaching plan to lie about crimes during federal polygraphs, he said. In that scenario, prosecutors may pursue charges of false statements, wire fraud, obstructing an agency proceeding and “misprision of felony,” which is defined as having knowledge of serious criminal conduct and attempting to conceal it.
  • Schwartz, who was involved in the federal investigation, cited the risk of drug traffickers infiltrating his agency as justification for prosecutors going after instructors. However, he told the crowd of law enforcement officials from across the country that he wasn’t discussing a specific case but a “blueprint” of how state and local officials might pursue a prosecution. Urging them to join forces with his agency, he declared in a more than two-hour speech that “evil will always seek ways to hide the truth.” “When you identify insider threats and you eliminate insider threats, then that agency is more efficient and more effective,” Schwartz said. The Obama administration’s Insider Threat Program is intended to deter what the government condemns as betrayals by “trusted insiders” such as Edward Snowden, the former National Security Agency contractor who revealed the agency’s secret communications data-collection programs. The administration launched the Insider Threat Program in 2011 after Army Pfc. Bradley Manning downloaded hundreds of thousands of documents from a classified computer network and sent them to WikiLeaks, the anti-government secrecy group.As part of the program, employees are being urged to report their co-workers for a wide range of “risky” behaviors, personality traits and attitudes, McClatchy reported in June. Broad definitions of insider threats also give agencies latitude to pursue and penalize a range of conduct other than leaking classified information, McClatchy found.
  • Several people familiar with the investigation said Dixon and Williams had agreed to meet with undercover agents and teach them how to pass polygraph tests for a fee. The agents then posed as people connected to a drug trafficker and as a correctional officer who’d smuggled drugs into a jail and had received a sexual favor from an underage girl. Dixon wouldn’t say how much he was paid, but people familiar with countermeasures training said others generally charged $1,000 for a one-on-one session.
  • Paul Merrell on 29 Jan 14
     
    There is no scientific proof that lies can be detected using a polygraph, which is why polygraph evidence is inadmissible in court, but law enforcement and national security types fervently believe otherwise. Prosecuting someone for teaching how to circumvent polygraph testing stacks one absurdity atop another.
Paul Merrell

Obama Promises Disappear from Web - Sunlight Foundation Blog - 1 views

sunlightfoundation.com/...ma-promises-disappear-from-web

Obama transparency whistle-blowers campaign promises

shared by Paul Merrell on 27 Jul 13 - No Cached
  • Change.gov, the website created by the Obama transition team in 2008, has effectively disappeared sometime over the last month. While the front splash page for Change.gov has linked to the main White House website for years, until recently, you could still continue on to see the materials and agenda laid out by the administration. This was a particularly helpful resource for those looking to compare Obama's performance in office against his vision for reform, laid out in detail on Change.gov. According to the Internet Archive, the last time that content (beyond the splash page) was available was June 8th -- last month.
  • Here's one possibility, from the administration's ethics agenda: Protect Whistleblowers: Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.
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