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Paul Merrell

Wiretap Numbers Don't Add Up | Just Security - 0 views

  • Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications as required by Title III of the Omnibus Crime Control and Safe Streets Act of 1968. News headlines touted that the number of federal and state wiretaps for 2014 was down 1% for a total of 3,554. Of these, there were few involving encrypted communications; and for those, law enforcement agencies were in most cases able to overcome the encryption. But there is a bigger story that calls into question the accuracy of the all of the prior reports submitted to the AO and the overall data provided to Congress and the public in the Wiretap Reports. Since the Snowden revelations, more and more companies have started publishing “transparency reports” about the number and nature of government demands to access their users’ data. AT&T, Verizon, and Sprint published data for 2014 earlier this year and T-Mobile published its first transparency report on the same day the AO released the Wiretap Report. In aggregate, the four companies state that they implemented 10,712 wiretaps, a threefold difference over the total number reported by the AO. Note that the 10,712 number is only for the four companies listed above and does not reflect wiretap orders received by other telephone carriers or online providers, so the discrepancy actually is larger.
  • So what accounts for the huge gap in reporting? That is a question Congress and the AO should be asking prosecutors and judges who are required by law to make complete and accurate reports of the number of wiretaps conducted each year. Are wiretaps being consistently under­reported to Congress and the public? Based on the data reported by the four major carriers for 2013 and 2014, it certainly would appear to be the case.
Paul Merrell

Data Shows Little Evidence for FBI's Concerns About Criminals 'Going Dark' | Motherboard - 0 views

  • In the last few months, several government officials, led by the FBI’s Director James Comey, have been complaining that the rise of encryption technologies would lead to a “very dark place” where cops and feds can’t fight and stop criminals. But new numbers released by the US government seem to contradict this doomsday scenario. In 2014, encryption thwarted four wiretaps out of 3,554, according to an annual report published on Wednesday by the US agency that oversees federal courts. The report reveals that state law enforcement agencies encountered encryption in 22 wiretaps last year. Out of those, cops were foiled on only two occasions. As for the feds, they encountered encryption in just three wiretaps, and could not decipher the intercepted communications in two of them.
  • In fact, cops found less encryption last year than in the year prior. In 2013, state authorities encountered encryption in 41 cases, versus 22 in 2014. At the federal level, there were three cases of encryption in 2014, against none in 2013. (The report also refers to five federal wiretaps conducted in “previous years” but only reported in 2014. Of those, the feds were able to crack the communications in four of the five.)
  • So far, the FBI has yet to put forth a valid example where encryption really thwarted an investigation. In fact, some of the examples cited by Comey have been debunked in media reports.
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  • he Wiretap Report contains other interesting information that shed a light on government surveillance practices. Out of the more than 3,554 wiretaps authorized by judges, the vast majority of them (3,409 or 89 percent) were for drug related offenses. Homicide, in turn, was the reason behind only 4 percent of the the wiretaps. And virtually all of them (96%) were for “portable devices,” such as cellphones.Even if the Wiretap Report is just small a peek behind the scenes of government surveillance, it shows that for now, at least when it comes to wiretapping, the FBI’s isn’t really going dark.
Paul Merrell

FBI Can Neither Confirm Nor Deny Trump Tower Wiretap - 0 views

  • In response to a Freedom of Information Act (FOIA) request filed by Shadowproof, the Federal Bureau of Investigation (FBI) said it “can neither confirm nor deny the existence of records” regarding a wiretap of Trump Tower. The FBI sent its response via email earlier this afternoon, hours before news broke that the United States government wiretapped President Trump’s former campaign chairman, Paul Manafort. The Bureau’s response appears to be a reversal from its response to an earlier FOIA request, in which the Department of Justice stated that “Both FBI and NSD confirm that they have no records related to wiretaps as described by the March 4, 2017 tweets [in which Trump alleged President Obama had wiretapped Trump Tower]”. CNN reported today that U.S. investigators employed secret court orders to wiretap Manafort, both prior to and following the election. Though Manafort owns an apartment in Trump Tower, the report by CNN did not make clear whether that was the location or subject of the wiretap.
Paul Merrell

Secret to Prism program: Even bigger data seizure - 0 views

  • The revelation of Prism this month by the Washington Post and Guardian newspapers has touched off the latest round in a decade-long debate over what limits to impose on government eavesdropping, which the Obama administration says is essential to keep the nation safe. But interviews with more than a dozen current and former government and technology officials and outside experts show that, while Prism has attracted the recent attention, the program actually is a relatively small part of a much more expansive and intrusive eavesdropping effort. Americans who disapprove of the government reading their emails have more to worry about from a different and larger NSA effort that snatches data as it passes through the fiber optic cables that make up the Internet's backbone. That program, which has been known for years, copies Internet traffic as it enters and leaves the United States, then routes it to the NSA for analysis.
  • Whether by clever choice or coincidence, Prism appears to do what its name suggests. Like a triangular piece of glass, Prism takes large beams of data and helps the government find discrete, manageable strands of information. The fact that it is productive is not surprising; documents show it is one of the major sources for what ends up in the president's daily briefing. Prism makes sense of the cacophony of the Internet's raw feed. It provides the government with names, addresses, conversation histories and entire archives of email inboxes.
  • The NSA is prohibited from spying on Americans or anyone inside the United States. That's the FBI's job and it requires a warrant. Despite that prohibition, shortly after the Sept. 11 terrorist attacks, President George W. Bush secretly authorized the NSA to plug into the fiber optic cables that enter and leave the United States, knowing it would give the government unprecedented, warrantless access to Americans' private conversations. Tapping into those cables allows the NSA access to monitor emails, telephone calls, video chats, websites, bank transactions and more. It takes powerful computers to decrypt, store and analyze all this information, but the information is all there, zipping by at the speed of light. "You have to assume everything is being collected," said Bruce Schneier, who has been studying and writing about cryptography and computer security for two decades. The New York Times disclosed the existence of this effort in 2005. In 2006, former AT&T technician Mark Klein revealed that the company had allowed the NSA to install a computer at its San Francisco switching center, a key hub for fiber optic cables.
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  • Many of the people interviewed for this report insisted on anonymity because they were not authorized to publicly discuss a classified, continuing effort. But those interviews, along with public statements and the few public documents available, show there are two vital components to Prism's success. The first is how the government works closely with the companies that keep people perpetually connected to each other and the world. That story line has attracted the most attention so far. The second and far murkier one is how Prism fits into a larger U.S. wiretapping program in place for years.
  • The government has said it minimizes all conversations and emails involving Americans. Exactly what that means remains classified. But former U.S. officials familiar with the process say it allows the government to keep the information as long as it is labeled as belonging to an American and stored in a special, restricted part of a computer. That means Americans' personal emails can live in government computers, but analysts can't access, read or listen to them unless the emails become relevant to a national security investigation. The government doesn't automatically delete the data, officials said, because an email or phone conversation that seems innocuous today might be significant a year from now. What's unclear to the public is how long the government keeps the data. That is significant because the U.S. someday will have a new enemy. Two decades from now, the government could have a trove of American emails and phone records it can tap to investigative whatever Congress declares a threat to national security.
  • The Bush administration shut down its warrantless wiretapping program in 2007 but endorsed a new law, the Protect America Act, which allowed the wiretapping to continue with changes: The NSA generally would have to explain its techniques and targets to a secret court in Washington, but individual warrants would not be required. Congress approved it, with Sen. Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.
  • That's one example of how emails belonging to Americans can become swept up in the hunt. In that way, Prism helps justify specific, potentially personal searches. But it's the broader operation on the Internet fiber optics cables that actually captures the data, experts agree. "I'm much more frightened and concerned about real-time monitoring on the Internet backbone," said Wolf Ruzicka, CEO of EastBanc Technologies, a Washington software company. "I cannot think of anything, outside of a face-to-face conversation, that they could not have access to."
  • When the Protect America Act made warrantless wiretapping legal, lawyers and executives at major technology companies knew what was about to happen.
  • For years, the companies had been handling requests from the FBI. Now Congress had given the NSA the authority to take information without warrants. Though the companies didn't know it, the passage of the Protect America Act gave birth to a top-secret NSA program, officially called US-98XN. It was known as Prism. Though many details are still unknown, it worked like this:
  • Facebook said it received between 9,000 and 10,000 requests for data from all government agencies in the second half of last year. The social media company said fewer than 19,000 users were targeted.
  • Every company involved denied the most sensational assertion in the Prism documents: that the NSA pulled data "directly from the servers" of Microsoft, Yahoo, Google, Facebook, AOL and more. Technology experts and a former government official say that phrasing, taken from a PowerPoint slide describing the program, was likely meant to differentiate Prism's neatly organized, company-provided data from the unstructured information snatched out of the Internet's major pipelines. In slide made public by the newspapers, NSA analysts were encouraged to use data coming from both Prism and from the fiber-optic cables. Prism, as its name suggests, helps narrow and focus the stream. If eavesdroppers spot a suspicious email among the torrent of data pouring into the United States, analysts can use information from Internet companies to pinpoint the user. With Prism, the government gets a user's entire email inbox. Every email, including contacts with American citizens, becomes government property. Once the NSA has an inbox, it can search its huge archives for information about everyone with whom the target communicated. All those people can be investigated, too.
  • What followed was the most significant debate over domestic surveillance since the 1975 Church Committee, a special Senate committee led by Sen. Frank Church, D-Idaho, reined in the CIA and FBI for spying on Americans. Unlike the recent debate over Prism, however, there were no visual aids, no easy-to-follow charts explaining that the government was sweeping up millions of emails and listening to phone calls of people accused of no wrongdoing.
  • A few months after Obama took office in 2009, the surveillance debate reignited in Congress because the NSA had crossed the line. Eavesdroppers, it turned out, had been using their warrantless wiretap authority to intercept far more emails and phone calls of Americans than they were supposed to. Obama, no longer opposed to the wiretapping, made unspecified changes to the process. The government said the problems were fixed.
  • Schneier, the author and security expert, said it doesn't really matter how Prism works, technically. Just assume the government collects everything, he said. He said it doesn't matter what the government and the companies say, either. It's spycraft, after all. "Everyone is playing word games," he said. "No one is telling the truth."
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    Associated Press is now doing its job with a masterful overview of NSA capabilities, discussing how NSA scoops up all "backbone" telecommunications, then uses PRISM to narrow down the specific communications they decide to look at. This one is a "must read" article if you're interested in the NSA scandal. It ties a lot of the pieces together.  
Paul Merrell

Let's check James Comey's Bush years record before he becomes FBI director | Laura Murp... - 0 views

  • Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention
  • It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.
  • There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.
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  • Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
  • The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him. It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted – in a federal court – in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
  • Everyone has a backstory, and the confirmation process should ensure the American public hears all relevant background information, both good and bad, when Comey appears before the Senate. Senators should insist that Comey explain his role during the Bush era and repudiate policies he endorsed on torture, indefinite detention, and illegal surveillance.The new FBI director will be around for the next decade. We need one who will respect the constitution and the rule of law; not one who will use discredited and illegal activities in the name of justice and safety.
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    Comey's not right for the FBI directorship this time around. The nation needs an FBI Director and Comey's role in government surveillance, torture, warrantless wiretapping, extraordinary rendition, and indefinite detention of a U.S. citizen. That's too much to get sorted out any time soon given the government shroud of secrecy on those topics. 
Gary Edwards

NSA Whistleblower: NSA Spying On - and Blackmailing - Top Government Officials and Mili... - 0 views

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    Whistleblower Says Spy Agency Targeting Top American Leaders NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the executive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civil rights groups. So, you know, don't tell me that there's no abuse, because I've had this stuff in my hand and looked at it. And in some cases, I literally was involved in the technology that was going after this stuff. And you know, when I said to [former MSNBC show host Keith] Olbermann, I said, my particular thing is high tech and you know, what's going on is the other thing, which is the dragnet. The dragnet is what Mark Klein is talking about, the terrestrial dragnet. Well my specialty is outer sp
Paul Merrell

U.S. gives big, secret push to Internet surveillance - CNET - 0 views

  • Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws. The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors' Internet links. Since then, however, the program has been expanded by President Obama to cover all critical infrastructure sectors including energy, healthcare, and finance starting June 12. "The Justice Department is helping private companies evade federal wiretap laws," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week. "Alarm bells should be going off." Those documents show the National Security Agency and the Defense Department were deeply involved in pressing for the secret legal authorization, with NSA director Keith Alexander participating in some of the discussions personally. Despite initial reservations, including from industry participants, Justice Department attorneys eventually signed off on the project.
  • The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as "2511 letters," a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books. The Wiretap Act limits the ability of Internet providers to eavesdrop on network traffic except when monitoring is a "necessary incident" to providing the service or it takes place with a user's "lawful consent." An industry representative told CNET the 2511 letters provided legal immunity to the providers by agreeing not to prosecute for criminal violations of the Wiretap Act. It's not clear how many 2511 letters were issued by the Justice Department. In 2011, Deputy Secretary of Defense William Lynn publicly disclosed the existence of the original project, called the DIB Cyber Pilot, which used login banners to inform network users that monitoring was taking place. In May 2012, the pilot was turned into an ongoing program -- broader but still voluntary -- by the name of Joint Cybersecurity Services Pilot, with the Department of Homeland Security becoming involved for the first time. It was renamed again to Enhanced Cybersecurity Services program in January, and is currently being expanded to all types of companies operating critical infrastructure.
  • Paul Rosenzweig, a former Homeland Security official and founder of Red Branch Consulting, compared the NSA and DOD asking the Justice Department for 2511 letters to the CIA asking the Justice Department for the so-called torture memos a decade ago. (They were written by Justice Department official John Yoo, who reached the controversial conclusion that waterboarding was not torture.) "If you think of it poorly, it's a CYA function," Rosenzweig says. "If you think well of it, it's an effort to secure advance authorization for an action that may not be clearly legal." A report (PDF) published last month by the Congressional Research Service, a non-partisan arm of Congress, says the executive branch likely does not have the legal authority to authorize more widespread monitoring of communications unless Congress rewrites the law. "Such an executive action would contravene current federal laws protecting electronic communications," the report says.
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  • Another e-mail message from a Justice Department attorney wondered: "Will the program cover all parts of the company network -- including say day care centers (as mentioned as a question in a [deputies committee meeting]) and what are the policy implications of this?" The deputies committee includes the deputy secretary of defense, the deputy director of national intelligence, the deputy attorney general, and the vice chairman of the Joint Chiefs of Staff. "These agencies are clearly seeking authority to receive a large amount of information, including personal information, from private Internet networks," says EPIC staff attorney Amie Stepanovich, who filed a lawsuit against Homeland Security in March 2012 seeking documents relating to the program under the Freedom of Information Act. "If this program was broadly deployed, it would raise serious questions about government cybersecurity practices." In January, the Department of Homeland Security's privacy office published a privacy analysis (PDF) of the program saying that users of the networks of companies participating in the program will see "an electronic login banner [saying] information and data on the network may be monitored or disclosed to third parties, and/or that the network users' communications on the network are not private."
  • An internal Defense Department presentation cites as possible legal authority a classified presidential directive called NSPD 54 that President Bush signed in January 2008. Obama's own executive order , signed in February 2013, says Homeland Security must establish procedures to expand the data-sharing program "to all critical infrastructure sectors" by mid-June. Those are defined as any companies providing services that, if disrupted, would harm national economic security or "national public health or safety."
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    Article is from April 2013, before the Snowden disclosures. 
Paul Merrell

Wikileaks: CIA "False Flag" Attack Likely Used To Plant Evidence For Trump Tower Wiretap - 0 views

  • The first “false flag” operation conducted by the CIA’s UMBRAGE program - exposed by Wikileaks’ release of the “Vault 7” documents - may have involved planting “proof” that led to the approval of a request to wiretap Trump Tower last October.
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    Trump --- now that he is President --- may have proof that he was wiretapped by Obama after all.
Paul Merrell

Has the NSA Wiretapping Violated Attorney-Client Privilege? | The Nation - 0 views

  • The first time Adis Medunjanin tried to call Robert C. Gottlieb in mid-2009, Gottlieb was out of the office. Medunjanin was agitated. He had to speak to an attorney. Gottlieb’s assistant told him Gottlieb would be back soon. When Medunjanin spoke to the lawyer a little later, he was told he might need legal representation. He thought he might be under investigation. Over the next six months and in forty-two phone calls, Medunjanin sought legal advice from Gottlieb. When he was arrested in January 2010 on charges that he tried to bomb the New York subway, it was Gottlieb who defended him, receiving security clearance to review government documents pertinent to the case in the process. Gottlieb was preparing Medunjanin’s defense when a federal officer in charge of information distribution e-mailed him that there was new classified information he needed to review at the US Eastern District Court in Brooklyn. “I went over to the Brooklyn Federal courthouse, went up to the secured room, gained entry with the secret security codes, opened the file cabinet that is also secure and in the second drawer was a CD,” Gottlieb told me. On that CD were recordings of every single one of his forty-two phone calls with Medunjanin before he was taken into custody and indicted on January 7, 2010.
  • Such calls are normally sacrosanct under the principle of attorney-client privilege, the ability to speak confidentially with your lawyer. But a leak to The Guardian last summer of National Security Agency (NSA) procedures that are supposed to protect privileged calls showed that some attorney-client privileged calls are not subject to internal rules that detail the instances when a wiretap should be turned off. A later version of the procedures declassified by the NSA last August contains the same language. These “minimization” procedures, as they are known, are the rules and regulations for wiretaps under the Foreign Intelligence Surveillance Act (FISA). They tell NSA agents when they can listen, and when they have to turn the tap off, when they can record and when they should not be recording. There are rules for which kinds of communications can be monitored—for example, domestic communications are off limits, although communications from agents of foreign powers and suspected terrorists don’t count as domestic—and there is a section that provides for the protection of attorney-client calls.
  • Section four of the declassified 2011 guidelines is the part of that document that governs wiretapping attorney-client calls. At first glance, it seems quite clear: when the agent realizes that he or she is monitoring an attorney-client communication, “monitoring of that communication will cease and the communication will be identified as an attorney-client communication in a log maintained for that purpose.” But given a second reading, section four doesn’t apply to all attorney-client calls. It provides only for the minimization (and protection) of the calls of “a person who is known to be under criminal indictment in the United States”—someone who has already been charged under US law. This is because indicted persons have a Sixth Amendment right to counsel. People who aren’t indicted don’t have this right, and so their calls are not minimized. When I asked an NSA press officer, Vanee’ M. Vines, how attorney-client privilege was protected, she referred me to the Department of Justice. I left several messages, but the DOJ never contacted me back.
Paul Merrell

US sues Sprint for allegedly overcharging on wiretaps | Mobile - CNET News - 0 views

  • Sprint has come under fire from the US government over claims that it tacked on excessive charges for court-ordered wiretaps. The government filed a complaint against Sprint in US District Court in San Francisco on Monday. The complaint says that government agencies, like the FBI and the Drug Enforcement Administration, were allegedly overcharged $21 million for wiretaps by Sprint. "Sprint inflated its charges by approximately 58 percent," the complaint reads. "As a result of Sprint's false claims, the United States paid over $21 million in unallowable costs from January 1, 2007 to July 31, 2010."
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    Who says there is no comedy in Life?
Paul Merrell

Door May Open for Challenge to Secret Wiretaps - NYTimes.com - 0 views

  • Five years after Congress authorized a sweeping warrantless surveillance program, the Justice Department is setting up a potential Supreme Court test of whether it is constitutional by notifying a criminal defendant — for the first time — that evidence against him derived from the eavesdropping, according to officials.
  • Prosecutors plan to inform the defendant about the monitoring in the next two weeks, a law enforcement official said. The move comes after an internal Justice Department debate in which Solicitor General Donald B. Verrilli Jr. argued that there was no legal basis for a previous practice of not disclosing links to such surveillance, several Obama administration officials familiar with the deliberations said. Meanwhile, the department’s National Security Division is combing active and closed case files to identify other defendants who faced evidence resulting from the 2008 wiretapping law. It permits eavesdropping without warrants on Americans’ cross-border phone calls and e-mails so long as the surveillance is “targeted” at foreigners abroad.
  • In February, the Supreme Court dismissed a case challenging its constitutionality because the plaintiffs, led by Amnesty International, could not prove they had been wiretapped. Mr. Verrilli had told the justices that someone else would have legal standing to trigger review of the program because prosecutors would notify people facing evidence derived from surveillance under the 2008 law. But it turned out that Mr. Verrilli’s assurances clashed with the practices of national security prosecutors, who had not been alerting such defendants that evidence in their cases had stemmed from wiretapping their conversations without a warrant.
Paul Merrell

Verizon's New, Encrypted Calling App Plays Nice With the NSA - Businessweek - 0 views

  • Verizon is the latest big company to enter the post-Snowden market for secure communication, and it's doing so with an encryption standard that comes with a way for law enforcement to access ostensibly secure phone conversations.Verizon Voice Cypher, the product introduced on Thursday with the encryption company Cellcrypt, offers business and government customers end-to-end encryption for voice calls on iOS, Android, or BlackBerry devices equipped with a special app. The encryption software provides secure communications for people speaking on devices with the app, regardless of their wireless carrier, and it can also connect to an organization's secure phone system. Cellcrypt and Verizon both say that law enforcement agencies will be able to access communications that take place over Voice Cypher, so long as they're able to prove that there's a legitimate law enforcement reason for doing so. Seth Polansky, Cellcrypt's vice president for North America, disputes the idea that building technology to allow wiretapping is a security risk. "It's only creating a weakness for government agencies," he says. "Just because a government access option exists, it doesn't mean other companies can access it." 
  • Phone carriers like Verizon are required by U.S. law to build networks that can be wiretapped. But the legislation known as the Communications Assistance for Law Enforcement Act requires phone carriers to decrypt communications for the government only if they have designed their technology to make it possible to do so. If Verizon and Cellcrypt had structured their encryption so that neither company had the information necessary to decrypt the calls, they would not have been breaking the law.
  • Other companies have designed their encryption in this way, including AT&T, which offers encrypted phone service for business customers. Apple and Android recently began protecting content stored on users's phones in a way that would keep the tech companies from being able to comply with requests from law enforcement. The move drew public criticism from FBI Director James Comey, and some security experts expect that a renewed effort to stir passage of legislation banning such encryption will accompany Silicon Valley's increased interest in developing these services. Verizon believes major demand for its new encryption service will come from governmental agencies conveying sensitive but unclassified information over the phone, says Tim Petsky, a senior product manager for Verizon Wireless. Corporate customers who are concerned about corporate espionage are also itching for answers. "You read about breaches in security almost every week in the press," says Petsky. "Enterprise customers have been asking about ways to secure their communications and up until this point, we didn't have a solution." 
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  • There has been increased interest in encryption from individual consumers, too, largely thanks to the NSA revelations leaked by Edward Snowden. Yahoo and Google began offering end-to-end encrypted e-mail services this year. Silent Circle, a startup catering to consumer and enterprise clients, has been developing end-to-end voice encryption for phones calls. Verizon's service, with a monthly price of $45 per device, isn't targeting individual buyers and won't be offered to average consumers in the near future.But Verizon's partner, Cellcrypt, looks upon selling to large organizations as the first step toward bringing down the price before eventually offering a consumer-level encryption service. "At the end of the day, we'd love to have this be a line item on your Verizon bill," says Polansky.
  • Many people in the security industry believe that a designed access point creates a vulnerability for criminals or spies to exploit. Last year reports surfaced that the FBI was pushing legislation that would require many forms of Internet communication to be wiretap-ready. A group of prominent security experts responded strongly: "Requiring software vendors to build intercept functionality into their products is unwise and will be ineffective, with the result being serious consequences (PDF) for the economic well-being and national security of the United States," they wrote in a report issued in May. 
Gary Edwards

NSA Spying On - and Blackmailing - Top Government Officials and Military Officers Alex ... - 1 views

  • During the raid, Binney attempted to report to FBI officials the crimes he had witnessed at NSA, in particular the NSA’s violation of the constitutional rights of all Americans.
  • Other NSA whistleblowers have also been subjected to armed raids and criminal prosecution.
  • Even the head of the CIA was targeted with extra-constitutional spying and driven out of office. 
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  • Indeed, Binney makes it very clear that the government will use information gained from its all-pervasive spying program to frame anyone it doesn’t like.
  • In a speech on March 21, second-term Obama gave us a big clue regarding his concept of leadership – one that is marked primarily by political risk-avoidance and a penchant for “leading from behind”:
  • “Speaking as a politician, I can promise you this: political leaders will not take risks if the people do not demand that they do. You must create the change that you want to see.”
  •  
    A handful of NSA Whistleblowers continue to talk, pointing out that the NSA and CIA are using the global dragnet to BLACKMAIL the most powerful and influential people in the world.   That list would include Obama, Chief Justice John Roberts, General David Patraeus, members of the FiSA Court; so many people in fact that it would be easier to guess at the few who are not acting like they are being blackmailed.   Like Ted Cruz, Jim DeMint, and Ron Paul.  Right.  It's a very short list.  Oh wait, Senator DeMint resigned his position.  And so it goes. excerpt: "NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Courtthat I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in theexecutive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civi
Paul Merrell

Russ Tice, Bush-Era Whistleblower, Claims NSA Ordered Wiretap Of Barack Obama In 2004 - 0 views

  • #news_entries #ad_sharebox_260x60 img {padding:0px;margin:0px} Russ Tice, a former intelligence analyst who in 2005 blew the whistle on what he alleged was massive unconstitutional domestic spying across multiple agencies, claimed Wednesday that the NSA had ordered wiretaps on phones connected to then-Senate candidate Barack Obama in 2004. Speaking on "The Boiling Frogs Show," Tice claimed the intelligence community had ordered surveillance on a wide range of groups and individuals, including high-ranking military officials, lawmakers and diplomats. "Here's the big one ... this was in summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a 40-something-year-old wannabe senator for Illinois," he said. "You wouldn't happen to know where that guy lives right now would you? It's a big white house in Washington, D.C. That's who they went after, and that's the president of the United States now."
  • Host Sibel Edmonds and Tice both raised concerns that such alleged monitoring of subjects, unbeknownst to them, could provide the intelligence agencies with huge power to blackmail their targets. "I was worried that the intelligence community now has sway over what is going on," Tice said.
  • After going public with his allegations in 2005, Tice later admitted that he had been a key source in a bombshell New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping of international communications in the U.S. The article forced Bush to admit that the practice was indeed used on a small number of Americans, but Tice maintained that the NSA practice was likely being used the gather records for millions of Americans. The NSA denied Tice's allegations. In the wake of recent reports detailing the extent of the NSA's data surveillance programs, Tice has again come out as a skeptic of the administration's response. While defenders of the program have insisted that there is nothing to suggest the government has the authority -- or desire -- to listen in on people's phone calls without a warrant, Tice told The Guardian that he believes the NSA has developed the capability "to collect all digital communications word for word."
Paul Merrell

How a Court Secretly Evolved, Extending U.S. Spies' Reach - NYTimes.com - 0 views

  • Previously, with narrow exceptions, an intelligence agency was permitted to disseminate information gathered from court-approved wiretaps only after deleting irrelevant private details and masking the names of innocent Americans who came into contact with a terrorism suspect. The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.
  • The leaked documents that refer to the rulings, including one called the “Large Content FISA” order and several more recent expansions of powers on sharing information, add new details to the emerging public understanding of a secret body of law that the court has developed since 2001. The files help explain how the court evolved from its original task — approving wiretap requests — to engaging in complex analysis of the law to justify activities like the bulk collection of data about Americans’ emails and phone calls.“These latest disclosures are important,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. “They indicate how the contours of the law secretly changed, and they represent the transformation of the Foreign Intelligence Surveillance Court into an interpreter of law and not simply an adjudicator of surveillance applications.”
  • The number of Americans whose unfiltered personal information has been shared among agencies is not clear. Since the Sept. 11 attacks, the court has approved about 1,800 FISA orders each year authorizing wiretaps or physical searches — which can involve planting bugs in homes or offices, or copying hard drives — inside the United States. But the government does not disclose how many people had their private conversations monitored as a result.
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  • The new disclosures come amid a debate over whether the surveillance court, which hears arguments only from the Justice Department, should be restructured for its evolving role. Proposals include overhauling how judges are selected to serve on it and creating a public advocate to provide adversarial arguments when the government offers complex legal analysis for expanding its powers.
  • The Raw Take order, back in 2002, also relaxed limits on sharing private information about Americans with foreign governments. The bar was higher for sharing with outsiders: Raw information was not provided, and even information deemed relevant about a terrorism issue required special approval. Under procedures described in a 1984 report, only the attorney general could authorize such dissemination. But on Aug. 20, 2002, Attorney General John Ashcroft, citing the recent order, secretly issued new procedures allowing the N.S.A. to provide information to foreign governments without his clearance. “If the proposed recipient(s) of the dissemination have a history of human rights abuses, that history should be considered in assessing the potential for economic injury, physical harm, or other restriction of movement, and whether the dissemination should be made,” he wrote.
  •  
    NYT publishes a new treasure trove of Snowden documents. This lead article links to documents and links to other articles that link documents. A must-read for those interested in how the FISA Court and Congress "grew" the law governing the scope of permissible surveillance and the scope of who would be given access to the fruits of that surveillance. 
Paul Merrell

UN to contact AT&T about report US wiretapped Internet at UN - 0 views

  • UNITED NATIONS (AP) — The United Nations said Monday it plans to contact telecom giant AT&T about a report that it allowed the U.S. National Security Agency to wiretap all Internet communications at U.N. headquarters. Vannina Maestracci, a U.N. spokeswoman, said U.S. officials had previously given the United Nations assurances "that they are not ... monitoring our communications" when similar allegations arose. She was responding to a report in The New York Times which said AT&T provided technical assistance in carrying out a secret U.S. court order permitting the wiretapping of all Internet communications at the New York headquarters of the United Nations, which is a customer of the telecom company. While NSA spying on U.N. diplomats had been previously reported, the newspaper said Saturday that neither the court order nor AT&T's involvement had been disclosed. "The inviolability of the United Nations is well established under international law, and we expect member states to act accordingly and to respect and protect that inviolability," Maestracci said. But she said "surveillance at the United Nations is not something that's new, unfortunately." It is widely believed by those who work at the United Nations that numerous countries — not only the United States — gather intelligence in many different ways because U.N. headquarters is a gathering place for diplomats from the 193 member states, plus thousands of U.N. officials and representatives of non-governmental organization and the media.
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

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

For sale: Systems that can secretly track where cellphone users go around the globe - T... - 0 views

  • Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.
  • The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.
  • It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”
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  • Yet marketing documents obtained by The Washington Post show that companies are offering powerful systems that are designed to evade detection while plotting movements of surveillance targets on computerized maps. The documents claim system success rates of more than 70 percent. A 24-page marketing brochure for SkyLock, a cellular tracking system sold by Verint, a maker of analytics systems based in Melville, N.Y., carries the subtitle “Locate. Track. Manipulate.” The document, dated January 2013 and labeled “Commercially Confidential,” says the system offers government agencies “a cost-effective, new approach to obtaining global location information concerning known targets.”
  • tracking systems that access carrier location databases are unusual in their ability to allow virtually any government to track people across borders, with any type of cellular phone, across a wide range of carriers — without the carriers even knowing. These systems also can be used in tandem with other technologies that, when the general location of a person is already known, can intercept calls and Internet traffic, activate microphones, and access contact lists, photos and other documents. Companies that make and sell surveillance technology seek to limit public information about their systems’ capabilities and client lists, typically marketing their technology directly to law enforcement and intelligence services through international conferences that are closed to journalists and other members of the public.
  • Security experts say hackers, sophisticated criminal gangs and nations under sanctions also could use this tracking technology, which operates in a legal gray area. It is illegal in many countries to track people without their consent or a court order, but there is no clear international legal standard for secretly tracking people in other countries, nor is there a global entity with the authority to police potential abuses.
  • (Privacy International has collected several marketing brochures on cellular surveillance systems, including one that refers briefly to SkyLock, and posted them on its Web site. The 24-page SkyLock brochure and other material was independently provided to The Post by people concerned that such systems are being abused.)
  • Verint, which also has substantial operations in Israel, declined to comment for this story. It says in the marketing brochure that it does not use SkyLock against U.S. or Israeli phones, which could violate national laws. But several similar systems, marketed in recent years by companies based in Switzerland, Ukraine and elsewhere, likely are free of such limitations.
  • The tracking technology takes advantage of the lax security of SS7, a global network that cellular carriers use to communicate with one another when directing calls, texts and Internet data. The system was built decades ago, when only a few large carriers controlled the bulk of global phone traffic. Now thousands of companies use SS7 to provide services to billions of phones and other mobile devices, security experts say. All of these companies have access to the network and can send queries to other companies on the SS7 system, making the entire network more vulnerable to exploitation. Any one of these companies could share its access with others, including makers of surveillance systems.
  • Companies that market SS7 tracking systems recommend using them in tandem with “IMSI catchers,” increasingly common surveillance devices that use cellular signals collected directly from the air to intercept calls and Internet traffic, send fake texts, install spyware on a phone, and determine precise locations. IMSI catchers — also known by one popular trade name, StingRay — can home in on somebody a mile or two away but are useless if a target’s general location is not known. SS7 tracking systems solve that problem by locating the general area of a target so that IMSI catchers can be deployed effectively. (The term “IMSI” refers to a unique identifying code on a cellular phone.)
  • Verint can install SkyLock on the networks of cellular carriers if they are cooperative — something that telecommunications experts say is common in countries where carriers have close relationships with their national governments. Verint also has its own “worldwide SS7 hubs” that “are spread in various locations around the world,” says the brochure. It does not list prices for the services, though it says that Verint charges more for the ability to track targets in many far-flung countries, as opposed to only a few nearby ones. Among the most appealing features of the system, the brochure says, is its ability to sidestep the cellular operators that sometimes protect their users’ personal information by refusing government requests or insisting on formal court orders before releasing information.
  • Another company, Defentek, markets a similar system called Infiltrator Global Real-Time Tracking System on its Web site, claiming to “locate and track any phone number in the world.” The site adds: “It is a strategic solution that infiltrates and is undetected and unknown by the network, carrier, or the target.”
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    The Verint company has very close ties to the Iraeli government. Its former parent company Comverse, was heavily subsidized by Israel and the bulk of its manufacturing and code development was done in Israel. See https://en.wikipedia.org/wiki/Comverse_Technology "In December 2001, a Fox News report raised the concern that wiretapping equipment provided by Comverse Infosys to the U.S. government for electronic eavesdropping may have been vulnerable, as these systems allegedly had a back door through which the wiretaps could be intercepted by unauthorized parties.[55] Fox News reporter Carl Cameron said there was no reason to believe the Israeli government was implicated, but that "a classified top-secret investigation is underway".[55] A March 2002 story by Le Monde recapped the Fox report and concluded: "Comverse is suspected of having introduced into its systems of the 'catch gates' in order to 'intercept, record and store' these wire-taps. This hardware would render the 'listener' himself 'listened to'."[56] Fox News did not pursue the allegations, and in the years since, there have been no legal or commercial actions of any type taken against Comverse by the FBI or any other branch of the US Government related to data access and security issues. While no real evidence has been presented against Comverse or Verint, the allegations have become a favorite topic of conspiracy theorists.[57] By 2005, the company had $959 million in sales and employed over 5,000 people, of whom about half were located in Israel.[16]" Verint is also the company that got the Dept. of Homeland Security contract to provide and install an electronic and video surveillance system across the entire U.S. border with Mexico.  One need not be much of a conspiracy theorist to have concerns about Verint's likely interactions and data sharing with the NSA and its Israeli equivalent, Unit 8200. 
Paul Merrell

Colombia: Ex-President Uribe could land himself behind bars | nsnbc international - 0 views

  • Investigations into the DAS wiretapping scandal and other crimes committed during the administration of former Colombian President Alvaro Uribe are getting closer to Uribe himself, prompting analysts to say that Uribe’s house of cards is coming down and that Uribe could end up serving time behind bars.
  • The DAS wiretapping scandal broke in 2008 after members of the opposition discovered that Colombia’s now discontinued intelligence agency DAS had been spying on journalists, human rights advocates, politicians, as well as against the Supreme Court. Uribe’s, at that time Chief of Staff, Bernardo Moreno, was charged with the illegal wiretaps while there, at that time, was no direct evidence about DAS’ involvement. Moreno, as well as former DAS Director Maria del Pilar have since been convicted of the illegal wiretapping and spying. That is, there is only one more link in the chain of command that may be missing, which is Uribe himself. Almost all executives of the now defunct DAS have since stated that the orders came straight from number one, that is from Uribe himself. Uribe has repeatedly contradicted himself by stating that “The DAS reports to no one but to the President”.
  • Uribe’s and Colombia’s “troubled past” includes his involvement with the Medellin drug cartel and U.S. intelligence services throughout the 1980s. It has continued since with multiple allegations about State crimes, human rights abuse, murder, cooperation with foreign intelligence services against Colombia’s neighbors, and more. Over 45 Colombian Congressmen, the majority of whom were part of the majority coalition that supported the 2002 – 2010 Uribe administration have been sentenced for ties to paramilitary groups and for crimes which have been committed by these groups. One of those who were convicted was Uribe’s cousin, Congressman Mario Uribe. Alvaro Uribe’s brother, Santiago Uribe, is under investigation for allegedly founding and leading a paramilitary group that has been held responsible for the murder of numerous leftist Colombian activists and politicians.
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    Colombia was one of the participants in the CIA's notorious Operation Condor coordinated intelligence activities, which resulted in the deaths and disappearances of tens of thousands of left-leaning citizens in a host of South American nations. See generally, https://en.wikipedia.org/wiki/Operation_Condor
Paul Merrell

MoA - Gas From Israel And The Flynn Wiretapping - Behind The Deep-State Infighting Over... - 0 views

  • What is really behind the deep-state infighting over the U.S. elections and the "wire tapping" of the Trump campaign? Why was the CIA-Neocon axis vehemently lobbying against Trump? What foreign interests and what money is involved in this? Answers to these questions are now emerging. The former director of the CIA under Clinton, James Woolsey, went to the Wall Street Journal and offered some information (likely some true and some false) on the retired General Flynn and the lobbying businesses he was involved in. Woolsey is an arch-neoconservative. He had worked on the transition team of Trump but got fired over "growing tensions over Trump’s vision for intelligence agencies." Flynn is the former National Security Advisor of Trump who later also got fired. Woolsey was a board member of Flynn's former lobbying company FIG. Woolsey claims: In September 2016 he took part in a meeting between Flynn and high level Turkish officials, including the Turkish foreign minister and the energy minister who is the son-in-law of the Turkish president Erdogan. During the meeting, Woolsey claims, a brainstorming took place over how the Turkish cult leader Fethullah Gülen could -probably by illegal means- be removed from the U.S. and handed over to Turkey. Gülen is accused by the Erdogan mafia of initiating a coup attempt against it. The U.S. claims officially that there is no evidence for such an accusation and that Gülen can therefore not be rendered to Turkey. Gülen is an old CIA asset that helped the U.S. deep state to control Turkey.  Erdogan divorced from the Gülen organization after it became useless for his neo-Ottoman project. Here is the WSJ report on the Woolsey claims and a video clip with parts of his WSJ interview. Woolsey also went on CNN where he repeated his WSJ story. Flynn was accused by the anti-Trump campaign to have worked for Russia. He had taken several $10,000 for speeches he gave in Moscow. He also, at times, had argued for better U.S. relations with Russia. But Flynn's pro-Russia stand was probably honest. (Or the bribes involved were just smaller than the ones paid by others.) The money he got on the speaker circus was rather small for a man in his position. Flynn's real corruption was on another issue. After having been fired from the Trump administration, Flynn retroactively filed under the Foreign Agent Registration Act (FARA). His lobbying firm had a contract over $530,000 to work for a company near to the Turkish president Erdogan: In its filing, Mr. Flynn’s firm said its work from August to November “could be construed to have principally benefited the Republic of Turkey.” The filing said his firm’s fee, $530,000, wasn’t paid by the government but by Inovo BV, a Dutch firm owned by a Turkish businessman, Ekim Alptekin.
  • This lobbying, not the alleged Flynn-Putin relation, is the real scandal and part of the Trump/CIA/Clinton deep-state in-fighting. The meeting Woolsey described was under the "Turkish" Flynn contract. The Turkish business man, and owner of Inovo, Ekim Alptekin is a member of the Erdogan gang. But hidden at the very end of the WSJ story is the real key to understand the shady network: Inovo hired Mr. Flynn on behalf of an Israeli company seeking to export natural gas to Turkey, the filing said, and Mr. Alptekin wanted information on the U.S.-Turkey political climate to advise the gas company about its Turkish investments. It was the Israeli gas company, not the Alptekin outlet, that drove the issue. The Leviatan (and Tamar) gas fields in the Mediterranean along the Israeli coast are a huge energy and profit resource IF the gas from them can be exported to Europe. Several companies are involved in the exploration and all are looking for ways to connect the fields to the European gas network. There are (likely true) rumors that huge bribes have been payed in Israel, Jordan and elsewhere to win exploration contracts and to sell the gas. Negotiations between Israel and Turkey over the pipeline have been on and off. They depend on a positive climate towards Israel in the Turkish government which again depends on the often changing political position of the Erdogan gang.
  • The picture evolving here (lots of sleuthing and sources) is this: An Israeli company (or whoever is behind it) wants a gas pipeline to Turkey. It hires Flynn and Alptekin to arrange a positive climate for the Leviathan pipeline within the Turkish government. It offers Flynn more than half a million for a little (4-month long) influence work. His job is to create a "friendly atmosphere" for the deal by using his influence in the U.S. to accommodate Erdogan. A major point that is expected from Flynn is to arrange the handover of Gülen, by whatever means, from the U.S. to Erdogan. After accepting the (lobbying) bribe Flynn-the-whore suddenly changes his former anti-Turkish, pro-Russian, pro-Kurdish political position into a pro-Turkish, neutral-Russian and anti-Kurdish one. (His lobbying firm also makes some smaller payments related to the Clinton email-server scandal. This may be related to links between the Clinton family and the Gülen school empire.) He has a meeting with the Turkish government/Erdogan officials part of which is a discussion of a removal of Gülen to Turkey. He pens a pro Erdogan anti-Gülen op-ed which is published on the day of the election and he denigrates the Pentagon plan to work with the Kurds in Syria. The NSA, CIA and the FBI are listening to Flynn's conversations with Turkish and Israeli interests. (For the old and long history of such "wiretapping" of Turkish and Israeli connections and various dirty and criminal deals they revealed read and ask Sibel Edmonds.) The projects which Flynn is involved in, especially removing Gülen, are against the long term interests of the (neoconservative-driven) CIA. Selected tapes of his talks are transcribed and distributed within the anti-Trump campaign. This is the origin of the "wiretapping" of the Trump Tower the U.S. president lamented about. The stuff the CIA dug up about Flynn's dealing was and is used against Trump. Woolsey is caught up in this as he also worked for Flynn's lobbying firm. (His neocon-pro-Zionist history suggests that he is the senior Israeli watchdog over Flynn in all this.) He is now engaged in damage control and is "coming clean" and selectively leaking his anti-Flynn stuff to exculpate himself. (There is probably also some new, better deal involved that will pay off from him.) The Israeli-Turkish pipeline and the related deep-state fight are not the only issue involved in the campaign against Trump. There are also British interests and British intelligence involvement especially with the accusations against Russia of "hacking" of the DNC. If and how these fit in with above has not yet been revealed.
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