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Paul Merrell

UK ordered to hold inquests into civilian deaths during Iraq war | UK news | guardian.co.uk - 0 views

  • A series of public inquests should be held into the deaths of civilians who are alleged to have been killed unlawfully by the British military following the 2003 invasion of Iraq, the high court has ruled.In a ground-breaking judgment that could have an impact on how the British military is able to conduct operations among civilians in the future, the court ruled on Friday that up to 161 deaths should be the subject of hearings modelled upon coroners' inquests.In practice, a series of hearings – possibly amounting to more than 100 – are likely to be held as a result of the judgment, which follows a three-year legal battle on behalf of the Iraqis' families.
  • Each hearing must involve a "full, fair and fearless investigation accessible to the victim's families and to the public", the court ruled, and should examine not only the immediate circumstances but other issues surrounding each death.As a first step, the court ordered Philip Hammond, the defence secretary, to announce within six weeks whether any of the deaths are to result in prosecutions, or to explain any further delays over prosecuting decisions.After years of judicial review proceedings, and in the face of determined opposition from the Ministry of Defence, which appeared anxious to maintain control over any investigative process, the court concluded that hearings modelled upon coroners' inquests were the best way for the British authorities to meet their obligations under article 2 of the European convention on human rights (ECHR), which protects the right to life.
  • The court also ruled that this should be just the start of the process by which public hearings will examine the alleged misconduct of some members of the British armed forces who served in Iraq.Following the completion of the Article 2 hearings – into allegedly unlawful killings – further hearings should be established in order to meet the UK's obligations under Article 3 of the ECHR, the court said. These will inquire into allegations of torture and lesser mistreatment of individuals detained by British troops in Iraq, focusing on a sample of the most serious of the 700-plus cases in which such allegations have been made.In December last year the MoD said it had paid out £14m in compensation and costs to 205 Iraqis who alleged unlawful imprisonment and mistreatment, and that it was negotiating a further 196 payments. Several hundred more claims were expected to be lodged.
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  • The court said it had examined "allegations of the most serious kind involving murder, manslaughter, the wilful infliction of serious bodily injury, sexual indignities, cruel inhuman and degrading treatment and large scale violation of international humanitarian law".The judgment from Sir John Thomas, president of the Queen's Bench Division, and Mr Justice Silber, added that there was evidence to support claims that some of the abuse had been systemic, and questioned whether responsibility for poor training and a failure to investigate promptly lay with senior officers and figures in government
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    These UK proceedings are under authority of the E.U. Convention on Human Rights, whose relevant provisions echo those of the UN Convention on Human Rights, which both the U.K. and the U.S. are party to.  The Brits' willingness to prosecute its own soldiers, senior officers, and figures in government for war crimes sharply contrasts to the U.S., where Barack Obama immediately upon taking office rejected calls for the Iraqi war crimes investigation and prosecution of U.S. military members and Executive Branch officials, saying that he wanted to look forward, not back.  This was a very thin answer to the nation's Nuremburg Prosecution principles later embodied in international law at the instigation of the U.S. Good on the Brits. Shame on the U.S.   
Paul Merrell

The Untouchables: How the Obama administration protected Wall Street from prosecutions | Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

  • PBS' Frontline program on Tuesday night broadcast a new one-hour report on one of the greatest and most shameful failings of the Obama administration: the lack of even a single arrest or prosecution of any senior Wall Street banker for the systemic fraud that precipitated the 2008 financial crisis: a crisis from which millions of people around the world are still suffering. What this program particularly demonstrated was that the Obama justice department, in particular the Chief of its Criminal Division, Lanny Breuer, never even tried to hold the high-level criminals accountable. What Obama justice officials did instead is exactly what they did in the face of high-level Bush era crimes of torture and warrantless eavesdropping: namely, acted to protect the most powerful factions in the society in the face of overwhelming evidence of serious criminality. Indeed, financial elites were not only vested with immunity for their fraud, but thrived as a result of it, even as ordinary Americans continue to suffer the effects of that crisis.
  • Worst of all, Obama justice officials both shielded and feted these Wall Street oligarchs (who, just by the way, overwhelmingly supported Obama's 2008 presidential campaign) as they simultaneously prosecuted and imprisoned powerless Americans for far more trivial transgressions. As Harvard law professor Larry Lessig put it two weeks ago when expressing anger over the DOJ's persecution of Aaron Swartz: "we live in a world where the architects of the financial crisis regularly dine at the White House." (Indeed, as "The Untouchables" put it: while no senior Wall Street executives have been prosecuted, "many small mortgage brokers, loan appraisers and even home buyers" have been).
Paul Merrell

Leaked memos reveal GCHQ efforts to keep mass surveillance secret | UK news | The Guardian - 0 views

  • The UK intelligence agency GCHQ has repeatedly warned it fears a "damaging public debate" on the scale of its activities because it could lead to legal challenges against its mass-surveillance programmes, classified internal documents reveal.Memos contained in the cache disclosed by the US whistleblower Edward Snowden detail the agency's long fight against making intercept evidence admissible as evidence in criminal trials – a policy supported by all three major political parties, but ultimately defeated by the UK's intelligence community.Foremost among the reasons was a desire to minimise the potential for challenges against the agency's large-scale interception programmes, rather than any intrinsic threat to security, the documents show.
  • The papers also reveal that:• GCHQ lobbied furiously to keep secret the fact that telecoms firms had gone "well beyond" what they were legally required to do to help intelligence agencies' mass interception of communications, both in the UK and overseas.• GCHQ feared a legal challenge under the right to privacy in the Human Rights Act if evidence of its surveillance methods became admissible in court.• GCHQ assisted the Home Office in lining up sympathetic people to help with "press handling", including the Liberal Democrat peer and former intelligence services commissioner Lord Carlile, who this week criticised the Guardian for its coverage of mass surveillance by GCHQ and America's National Security Agency.The most recent attempt to make intelligence gathered from intercepts admissible in court, proposed by the last Labour government, was finally stymied by GCHQ, MI5 and MI6 in 2009.
  • Another top GCHQ priority in resisting the admission of intercepts as evidence was keeping secret the extent of the agency's co-operative relationships with telephone companies – including being granted access to communications networks overseas.In June, the Guardian disclosed the existence of GCHQ's Tempora internet surveillance programme. It uses intercepts on the fibre-optic cables that make up the backbone of the internet to gain access to vast swaths of internet users' personal data. The intercepts are placed in the UK and overseas, with the knowledge of companies owning either the cables or landing stations.The revelations of voluntary co-operation with some telecoms companies appear to contrast markedly with statements made by large telecoms firms in the wake of the first Tempora stories. They stressed that they were simply complying with the law of the countries in which they operated.
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  • In reality, numerous telecoms companies were doing much more than that, as disclosed in a secret document prepared in 2009 by a joint working group of GCHQ, MI5 and MI6.Their report contended that allowing intercepts as evidence could damage relationships with "Communications Service Providers" (CSPs).In an extended excerpt of "the classified version" of a review prepared for the Privy Council, a formal body of advisers made up of current and former cabinet ministers, the document sets out the real nature of the relationship between telecoms firms and the UK government."Under RIPA [the Regulation of Investigatory Powers Act 2000], CSPs in the UK may be required to provide, at public expense, an adequate interception capability on their networks," it states. "In practice all significant providers do provide such a capability. But in many cases their assistance – while in conformity with the law – goes well beyond what it requires."
  • GCHQ's internet surveillance programme is the subject of a challenge in the European court of human rights, mounted by three privacy advocacy groups. The Open Rights Group, English PEN and Big Brother Watch argue the "unchecked surveillance" of Tempora is a challenge to the right to privacy, as set out in the European convention on human rights.That the Tempora programme appears to rely at least in part on voluntary co-operation of telecoms firms could become a major factor in that ongoing case. The revelation could also reignite the long-running debate over allowing intercept evidence in court.GCHQ's submission goes on to set out why its relationships with telecoms companies go further than what can be legally compelled under current law. It says that in the internet era, companies wishing to avoid being legally mandated to assist UK intelligence agencies would often be able to do so "at little cost or risk to their operations" by moving "some or all" of their communications services overseas.
  • As a result, "it has been necessary to enter into agreements with both UK-based and offshore providers for them to afford the UK agencies access, with appropriate legal authorisation, to the communications they carry outside the UK".The submission to ministers does not set out which overseas firms have entered into voluntary relationships with the UK, or even in which countries they operate, though documents detailing the Tempora programme made it clear the UK's interception capabilities relied on taps located both on UK soil and overseas.There is no indication as to whether the governments of the countries in which deals with companies have been struck would be aware of the GCHQ cable taps.
  • Evidence that telecoms firms and GCHQ are engaging in mass interception overseas could stoke an ongoing diplomatic row over surveillance ignited this week after the German chancellor, Angela Merkel, accused the NSA of monitoring her phone calls, and the subsequent revelation that the agency monitored communications of at least 35 other world leaders.On Friday, Merkel and the French president, François Hollande, agreed to spearhead efforts to make the NSA sign a new code of conduct on how it carried out intelligence operations within the European Union, after EU leaders warned that the international fight against terrorism was being jeopardised by the perception that mass US surveillance was out of control.Fear of diplomatic repercussions were one of the prime reasons given for GCHQ's insistence that its relationships with telecoms firms must be kept private .
  • Telecoms companies "feared damage to their brands internationally, if the extent of their co-operation with HMG [Her Majesty's government] became apparent", the GCHQ document warned. It added that if intercepts became admissible as evidence in UK courts "many CSPs asserted that they would withdraw their voluntary support".The report stressed that while companies are going beyond what they are required to do under UK law, they are not being asked to violate it.Shami Chakrabarti, Director of Liberty and Anthony Romero Executive Director of the American Civil Liberties Union issued a joint statement stating:"The Guardian's publication of information from Edward Snowden has uncovered a breach of trust by the US and UK Governments on the grandest scale. The newspaper's principled and selective revelations demonstrate our rulers' contempt for personal rights, freedoms and the rule of law.
  • "Across the globe, these disclosures continue to raise fundamental questions about the lack of effective legal protection against the interception of all our communications."Yet in Britain, that conversation is in danger of being lost beneath self-serving spin and scaremongering, with journalists who dare to question the secret state accused of aiding the enemy."A balance must of course be struck between security and transparency, but that cannot be achieved whilst the intelligence services and their political masters seek to avoid any scrutiny of, or debate about, their actions."The Guardian's decision to expose the extent to which our privacy is being violated should be applauded and not condemned."
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    The Guardian lands another gigantic bomb squarely on target, with massive potential for diplomatic, political, and financial disruption. Well done, Guardian
Paul Merrell

Guardian and Washington Post win Pulitzer prize for NSA revelations | Media | The Guardian - 0 views

  • The Guardian and the Washington Post have been awarded the highest accolade in US journalism, winning the Pulitzer prize for public service for their groundbreaking articles on the National Security Agency’s surveillance activities based on the leaks of Edward Snowden.The award, announced in New York on Monday, comes 10 months after the Guardian published the first report based on the leaks from Snowden, revealing the agency’s bulk collection of US citizens’ phone records.
  • The Pulitzer committee praised the Guardian for its "revelation of widespread secret surveillance by the National Security Agency, helping through aggressive reporting to spark a debate about the relationship between the government and the public over issues of security and privacy".Snowden, in a statement, said: "Today's decision is a vindication for everyone who believes that the public has a role in government. We owe it to the efforts of the brave reporters and their colleagues who kept working in the face of extraordinary intimidation, including the forced destruction of journalistic materials, the inappropriate use of terrorism laws, and so many other means of pressure to get them to stop what the world now recognises was work of vital public importance."He said that his actions in leaking the documents that formed the basis of the reporting "would have been meaningless without the dedication, passion, and skill of these newspapers".
  • At the Guardian, the NSA reporting was led by Glenn Greenwald, Ewen MacAskill and film-maker Laura Poitras, and at the Washington Post by Barton Gellman, who also co-operated with Poitras. All four journalists were honoured with a George Polk journalism award last week for their work on the NSA story.
Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | The Guardian - 0 views

  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
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  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
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    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Paul Merrell

Reassured by NSA's Internal Procedures? Don't Be. They Still Don't Tell the Whole Story. | Electronic Frontier Foundation - 0 views

  • Yesterday, the Guardian released two previously-classified documents describing the internal "minimization" and "targeting" procedures used by the NSA to conduct surveillance under Section 702. These procedures are approved by the Foreign Intelligence Surveillance Court (FISC) on an annual basis and are supposed to serve as the bulwark between the NSA's vast surveillance capabilities and the private communications of Americans. As we noted earlier today, the procedures, themselves, aren't reassuring: far too much discretion is retained by NSA analysts, the procedures frequently resolve doubt in favor of collection, and information is obtained that could otherwise never be obtained without a warrant. Which would be bad enough, if it were the end of the story. But it's not.
  • Unless the government substantially changed the procedures between August 2010 and October 2011, these are the very procedures that the FISC eventually found resulted in illegal and unconstitutional surveillance. In October 2011, the FISC issued an 86-page opinion finding that collection carried out under the NSA's classified minimization procedures was unconstitutional. The opinion remains secret, but it is very likely that yesterday's leaked NSA documents show the very minimization procedures the Director of National Intelligence admitted the FISC had found resulted in surveillance that was “unreasonable under the Fourth Amendment" and "circumvented the spirit of the law." And for good reason: the procedures are unconstitutional. They allow for the government to obtain and keep huge amounts of information it could never Constitutionally get without a warrant based on probable cause. As we explained, the procedures are designed such that the NSA will routinely fail to exclude or remove United States persons' communications, and the removal of those communications are wholly entrusted to the "reasonable discretion" of an analyst.  
  • Yesterday, the Guardian released two previously-classified documents describing the internal "minimization" and "targeting" procedures used by the NSA to conduct surveillance under Section 702. These procedures are approved by the Foreign Intelligence Surveillance Court (FISC) on an annual basis and are supposed to serve as the bulwark between the NSA's vast surveillance capabilities and the private communications of Americans. As we noted earlier today, the procedures, themselves, aren't reassuring: far too much discretion is retained by NSA analysts, the procedures frequently resolve doubt in favor of collection, and information is obtained that could otherwise never be obtained without a warrant. Which would be bad enough, if it were the end of the story. But it's not. The targeting and minimization documents released yesterday are dated a few months after the first publicly known scandal over the new FAA procedures: In April 2009, the New York Times reported that Section 702 surveillance had “intercepted the private e-mail messages and phone calls of Americans . . . on a scale that went beyond the broad legal limits established by Congress." In June 2009, the Times reported that members of Congress were saying NSA's "recent intercepts of the private telephone calls and e-mail messages of Americans are broader than previously acknowledged." Rep. Rush Holt described the problems as "so flagrant that they can't be accidental."
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  • Presumably, following these "flagrant" abuses (and likely in response to the Congressional criticism of the original procedures), the government refined the procedures. The documents released yesterday are the "improved" targeting and minimization procedures, which appear to have been reused the following year, in 2010, in the FISC's annual certification. But these amended procedures still didn't stop illegal spying under Section 702. Unless the government substantially changed the procedures between August 2010 and October 2011, these are the mimization rules that the FISC eventually found to result in illegal and unconstitutional surveillance. In October 2011, the FISC issued an 86-page opinion finding that collection carried out under the NSA's minimization procedures was unconstitutional. The opinion remains secret, but it is likely that yesterday's leaked NSA documents show the very procedures the Director of National Intelligence admitted had been found to result in surveillance that was “unreasonable under the Fourth Amendment" and "circumvented the spirit of the law." And for good reason: the procedures are unconstitutional.
  • EFF has been litigating to uncover this critical FISC opinion through the Freedom of Information Act and to uncover the "secret law" the government has been hiding from the American public. And EFF isn't alone in fighting for the release of these documents. A bipartisan coalition of Senators just announced legislation that would require the Attorney General to declassify significant FISC opinions, a move they say would help put an end to precisely this kind of "secret law."
Paul Merrell

Ecuador breaks US trade pact to thwart 'blackmail' over Snowden asylum | World news | guardian.co.uk - 0 views

  • Ecuador has ramped up its defiance of the US over Edward Snowden by waiving preferential trade rights with Washington even as the whistleblower's prospect of reaching Quito dimmed.President Rafael Correa's government said on Thursday it was renouncing the Andean Trade Preference Act to thwart US "blackmail" of Ecuador in the former NSA contractor's asylum request.Officials, speaking at an early morning press conference, also offered a $23m donation for human rights training in the US, a brash riposte to recent US criticism of Ecuador's own human rights record.Betty Tola, the minister of political coordination, said the asylum request had not been processed because Snowden, who is believed to be at Moscow airport, was neither in Ecuador nor at an Ecuadorean embassy or consulate. "The petitioner is not in Ecuadorean territory as the law requires."
  • The renunciation underlined divisions within Ecuador's government between leftists who have embraced Snowden as an anti-imperialist symbol and centrists who fear diplomatic and economic damage.Some in the government are believed to be annoyed that Julian Assange, the WikiLeaks founder who has sheltered at Ecuador's London embassy to avoid extradition, has seized the limelight in the Snowden saga. Assange caught Quito by surprise last week when he announced Snowden had been given a safe conduct pass. Quito replaced its ambassador to London earlier this month in hope of better managing its famous guest.The waiving of preferential trade rights followed threats from members of the US congress to drop the ATPA in July, when it is due for renewal, unless Ecuador toed the line on Snowden."Ecuador does not accept pressure or threats from anyone, nor does it trade with principles or submit them to mercantile interests, however important those may be," said Fernando Alvarado, the communications secretary. "Ecuador gives up, unilaterally and irrevocably, the said customs benefits."
Paul Merrell

Britain faces legal challenge over secret US 'kill list' in Afghanistan | World news | The Guardian - 0 views

  • Britain's role in supplying information to an American military "kill list" in Afghanistan is being subjected to legal challenge amid growing international concern over targeted strikes against suspected insurgents and drug traffickers.An Afghan man who lost five relatives in a missile strike started proceedings against the Serious Organised Crime Agency (Soca) and the Ministry of Defence demanding to know details of the UK's participation "in the compilation, review and execution of the list and what form it takes".
  • Soca refused to discuss its intelligence work, but the agency and the MoD said they worked "strictly within the bounds of international law". Its role in the operation to compile a "kill list" was first explained in a report to the US Senate's committee on foreign relations.The report described how a new task force targeting drug traffickers, insurgents and corrupt officials was being set up at Kandahar air field in southern Afghanistan. "The unit will link the US and British military with the DEA [Drug Enforcement Agency], Britain's Serious and Organised Crime Agency, and police and intelligence agencies from other countries." The 31-page report from 2009 acknowledged the precise rules of engagement were classified.
  • The letters to Soca's director general, Trevor Pearce, and the defence secretary, Philip Hammond, point to the Geneva conventions, which say that persons taking no active part in hostilities are protected from "violence to life and person, in particular murder of all kinds".They also draw on the International Committee of the Red Cross, which has said anyone accompanying an organised group who is not directly involved in hostilities "remains civilian assuming support functions".The legal letters, the first step towards seeking judicial review, say "drug traffickers who merely support the insurgency financially could not legitimately be included in the list" under these principles. The lawyers believe that, even if Isaf had targeted the right man, it may have been unlawful for others to have been killed in the missile strike.
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    Potentially important case brewing in the UK on the legality under international law of U.S. drone strikes that kill or injure non-combatants. Should this result in a Royal Commission of Inquiry, we will likely learn far more about U.S. drone strike policies, because Royal Commission's powers to receive and disclose classified information is far broader than available in U.S. courts or in Congress. E.g., much of what we now know about the Bush Administration's true motives for launching the war in Iraq was disclosed in a Royal Commission Inquiry into the Blair administration's reasons for participation in that war. 
Paul Merrell

Yahoo webcam images from millions of users intercepted by GCHQ | World news | The Guardian - 0 views

  • Britain's surveillance agency GCHQ, with aid from the US National Security Agency, intercepted and stored the webcam images of millions of internet users not suspected of wrongdoing, secret documents reveal.GCHQ files dating between 2008 and 2010 explicitly state that a surveillance program codenamed Optic Nerve collected still images of Yahoo webcam chats in bulk and saved them to agency databases, regardless of whether individual users were an intelligence target or not.In one six-month period in 2008 alone, the agency collected webcam imagery – including substantial quantities of sexually explicit communications – from more than 1.8 million Yahoo user accounts globally.Yahoo reacted furiously to the webcam interception when approached by the Guardian. The company denied any prior knowledge of the program, accusing the agencies of "a whole new level of violation of our users' privacy".
  • GCHQ does not have the technical means to make sure no images of UK or US citizens are collected and stored by the system, and there are no restrictions under UK law to prevent Americans' images being accessed by British analysts without an individual warrant.The documents also chronicle GCHQ's sustained struggle to keep the large store of sexually explicit imagery collected by Optic Nerve away from the eyes of its staff, though there is little discussion about the privacy implications of storing this material in the first place.
  • "Face detection has the potential to aid selection of useful images for 'mugshots' or even for face recognition by assessing the angle of the face," it reads. "The best images are ones where the person is facing the camera with their face upright."The agency did make efforts to limit analysts' ability to see webcam images, restricting bulk searches to metadata only.However, analysts were shown the faces of people with similar usernames to surveillance targets, potentially dragging in large numbers of innocent people. One document tells agency staff they were allowed to display "webcam images associated with similar Yahoo identifiers to your known target".Optic Nerve was based on collecting information from GCHQ's huge network of internet cable taps, which was then processed and fed into systems provided by the NSA. Webcam information was fed into NSA's XKeyscore search tool, and NSA research was used to build the tool which identified Yahoo's webcam traffic.
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  • Optic Nerve, the documents provided by NSA whistleblower Edward Snowden show, began as a prototype in 2008 and was still active in 2012, according to an internal GCHQ wiki page accessed that year.The system, eerily reminiscent of the telescreens evoked in George Orwell's 1984, was used for experiments in automated facial recognition, to monitor GCHQ's existing targets, and to discover new targets of interest. Such searches could be used to try to find terror suspects or criminals making use of multiple, anonymous user IDs.Rather than collecting webcam chats in their entirety, the program saved one image every five minutes from the users' feeds, partly to comply with human rights legislation, and also to avoid overloading GCHQ's servers. The documents describe these users as "unselected" – intelligence agency parlance for bulk rather than targeted collection.One document even likened the program's "bulk access to Yahoo webcam images/events" to a massive digital police mugbook of previously arrested individuals.
  • Programs like Optic Nerve, which collect information in bulk from largely anonymous user IDs, are unable to filter out information from UK or US citizens. Unlike the NSA, GCHQ is not required by UK law to "minimize", or remove, domestic citizens' information from its databases. However, additional legal authorisations are required before analysts can search for the data of individuals likely to be in the British Isles at the time of the search.There are no such legal safeguards for searches on people believed to be in the US or the other allied "Five Eyes" nations – Australia, New Zealand and Canada.
  • The documents also show that GCHQ trialled automatic searches based on facial recognition technology, for people resembling existing GCHQ targets: "[I]f you search for similar IDs to your target, you will be able to request automatic comparison of the face in the similar IDs to those in your target's ID".
Paul Merrell

Edward Snowden: US government spied on human rights workers | World news | The Guardian - 0 views

  • The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe's top human rights body.Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.He told council members: "The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States." Snowden did not reveal which groups the NSA had bugged.The assembly asked Snowden if the US spied on the "highly sensitive and confidential communications" of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: "The answer is, without question, yes. Absolutely."
  • Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency's servers in an interview with Vanity Fair. He described the number released by investigators as "simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career."He added: "Look at the language officials use in sworn testimony about these records: 'could have,' 'may have,' 'potentially.' They're prevaricating. Every single one of those officials knows I don't have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, 'We have no idea what he has, because the NSA's auditing of systems holding hundreds of millions of Americans' data is so negligent that any high-school dropout can walk out the door with it'?"In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA's powerful surveillance programs violate the EU's privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen "trillions" of private communications."This technology represents the most significant new threat to civil liberties in modern times," he declared.
  • XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual's metadata and content "without judicial approval or prior review".In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a "de facto policy of guilt by association", he added.Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals "across specific routes".
Paul Merrell

NSA loophole allows warrantless search for US citizens' emails and phone calls | World news | The Guardian - 0 views

  • The National Security Agency has a secret backdoor into its vast databases under a legal authority enabling it to search for US citizens' email and phone calls without a warrant, according to a top-secret document passed to the Guardian by Edward Snowden.The previously undisclosed rule change allows NSA operatives to hunt for individual Americans' communications using their name or other identifying information. Senator Ron Wyden told the Guardian that the law provides the NSA with a loophole potentially allowing "warrantless searches for the phone calls or emails of law-abiding Americans".The authority, approved in 2011, appears to contrast with repeated assurances from Barack Obama and senior intelligence officials to both Congress and the American public that the privacy of US citizens is protected from the NSA's dragnet surveillance programs.
  • The intelligence data is being gathered under Section 702 of the of the Fisa Amendments Act (FAA), which gives the NSA authority to target without warrant the communications of foreign targets, who must be non-US citizens and outside the US at the point of collection.The communications of Americans in direct contact with foreign targets can also be collected without a warrant, and the intelligence agencies acknowledge that purely domestic communications can also be inadvertently swept into its databases. That process is known as "incidental collection" in surveillance parlance.But this is the first evidence that the NSA has permission to search those databases for specific US individuals' communications.
  • A secret glossary document provided to operatives in the NSA's Special Source Operations division – which runs the Prism program and large-scale cable intercepts through corporate partnerships with technology companies – details an update to the "minimization" procedures that govern how the agency must handle the communications of US persons. That group is defined as both American citizens and foreigners located in the US."While the FAA 702 minimization procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data," the glossary states, "analysts may NOT/NOT [not repeat not] implement any USP [US persons] queries until an effective oversight process has been developed by NSA and agreed to by DOJ/ODNI [Office of the Director of National Intelligence]."The term "identifiers" is NSA jargon for information relating to an individual, such as telephone number, email address, IP address and username as well as their name.The document – which is undated, though metadata suggests this version was last updated in June 2012 – does not say whether the oversight process it mentions has been established or whether any searches against US person names have taken place.
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  • Wyden, an Oregon Democrat on the Senate intelligence committee, has obliquely warned for months that the NSA's retention of Americans' communications incidentally collected and its ability to search through it has been far more extensive than intelligence officials have stated publicly. Speaking this week, Wyden told the Guardian it amounts to a "backdoor search" through Americans' communications data."Section 702 was intended to give the government new authorities to collect the communications of individuals believed to be foreigners outside the US, but the intelligence community has been unable to tell Congress how many Americans have had their communications swept up in that collection," he said."Once Americans' communications are collected, a gap in the law that I call the 'back-door searches loophole' allows the government to potentially go through these communications and conduct warrantless searches for the phone calls or emails of law-abiding Americans."
  • Exclusive: Spy agency has secret backdoor permission to search databases for individual Americans' communications
Paul Merrell

Pentagon report: scope of intelligence compromised by Snowden 'staggering' | World news | The Guardian - 0 views

  • • Classified assessment describes impact of leaks as 'grave' • Report does not include specific detail to support conclusions• 12 of 39 heavily redacted pages released after Foia request• Read the full Defense Intelligence Agency report
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”.The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.”But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower.The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk.
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  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian.Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows.
  • The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m. Nor does the declassified portion of the report identify Snowden by name.“[Redacted] a former NSA contractor compromised [redacted] from NSA Net and the Joint Worldwide Intelligence Communications System (JWICS),” the report says. “On 6 June 2013, media groups published the first stories based on this material, and on 9 June 2013 they identified the source as an NSA contractor who had worked in Hawaii.”JWICS is identified as a “24 hour a day network designed to meet the requirements for secure [top-secret/sensitive compartmented information] multi-media intelligence communications worldwide. The Defense Intelligence Agency (DIA) has directed that all Special Security Offices (SSOs) will install the JWICS.”The Washington Post, quoting anonymous sources, reported last October that Snowden “lifted the documents from a top-secret network run by the Defense Intelligence Agency and used by intelligence arms of the Army, Air Force, Navy and Marines.” The Post further claimed that Snowden “took 30,000 documents that involve the intelligence work of one of the services” and that he gained access to the documents through JWICS.
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”. The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.” But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.
  • Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year. Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, questioned the decision to withhold specific details. "The essence of the report is contained in the statement that 'the scope of the compromised knowledge related to US intelligence capabilities is staggering'. But all elaboration of what this striking statement means has been withheld," he said. The assessment excluded NSA-related information and dealt exclusively with non-NSA defense materials. The report was distributed to multiple US military commands around the world and all four military branches.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower. The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk. In January, Rogers asserted that the report concluded that most of the documents Snowden took "concern vital operations of the US Army, Navy, Marine Corps and Air Force". "This report confirms my greatest fears — Snowden’s real acts of betrayal place America’s military men and women at greater risk. Snowden’s actions are likely to have lethal consequences for our troops in the field," Rogers said in a statement at the time.
  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian. Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows. The declassified portion of the report obtained by the Guardian says only that DIA “assesses with high confidence that the information compromise by a former NSA contractor [redacted] and will have a GRAVE impact on US national defense”. The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m.
  • No evidence has surfaced to support persistent claims from pundits and lawmakers that Snowden has provided any of the NSA documents he obtained to a “foreign adversary”. Ben Wizner, Snowden’s attorney at the American Civil Liberties Union, said: "This report, which makes unsubstantiated claims about alleged harm to national security, is from December of 2013. Just this month, Keith Alexander admitted in an interview that he doesn’t 'think anybody really knows what he [Snowden] actually took with him, because the way he did it, we don’t have an accurate way of counting'. In other words, the government’s so-called damage assessment is based entirely on guesses, not on facts or evidence."
  • Steven Aftergood, of the Federation of American Scientists, pointed out that the report's finding that the Snowden leaks had a "grave" impact did not follow any of the levels defined in the annex. "That is a bit odd," he said, adding: "Within this hierarchy, it is not clear where 'grave impact' would fall."
Paul Merrell

Middle Class Political Economist: Gigantic Journalistic Investigation Begins Ripping Mask off Bank Secrecy - 0 views

  • Via the Tax Justice Network, I've just learned of a massive, multi-national joint investigation into secrecy jurisdictions by three very heavy hitters, the Guardian, BBC Panorama, and the U.S.-based International Consortium of Investigative Journalists (ICIJ). Though they are starting out with the United Kingdom and the seriously understudied situation in the British Virgin Islands, ICIJ has announced that this is just the start of a multi-year investigative project and that there are "many more countries to come in the next 12 months." Further, according to ICIJ, the investigation involves literally "dozens of jurisdictions and in collaboration with dozens of media partners and freelance journalists around the world" (emphasis in original).
  • As I write this, the first and second articles (Nov. 25 and 26) in the Guardian's series rank number two and number one in the "most viewed" articles in the last 24 hours. One of the most amazing articles discusses the use of "nominee" directors, people who pretend to be a company or foundation's directors in order to hide the true ownership from authorities. Incredibly, these nominee directors frequently do not know the companies they are supposedly responsible for; they just know that they are getting paid for the use of their names. Be sure to check out the BBC undercover film linked from this Guardian article.
  • But let's not forget: tax havens cost the middle class worldwide hundreds of billions of dollars in tax revenue that they have to make up. The evidence is mounting that they are a central piece of the world financial system. Fundamental reform is necessary and a massive journalistic effort like this one will help produce the outrage to make it possible. I'm looking forward to more fruits of this investigation.
Paul Merrell

The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False - 0 views

  • Julian Assange is a deeply polarizing figure. Many admire him and many despise him (into which category one falls in any given year typically depends on one’s feelings about the subject of his most recent publication of leaked documents). But one’s views of Assange are completely irrelevant to this article, which is not about Assange. This article, instead, is about a report published this week by The Guardian that recklessly attributed to Assange comments that he did not make. This article is about how those false claims — fabrications, really — were spread all over the internet by journalists, causing hundreds of thousands of people (if not millions) to consume false news. The purpose of this article is to underscore, yet again, that those who most flamboyantly denounce Fake News, and want Facebook and other tech giants to suppress content in the name of combating it, are often the most aggressive and self-serving perpetrators of it.
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    Glenn Greenwald takes down The Guardian for publishing some seriously fake news. (Let's recall that Greenwald used to work for The Guardian.)
Paul Merrell

Extent of spy agencies' surveillance to be investigated by parliamentary body | UK news | The Guardian - 0 views

  • The extent and scale of mass surveillance undertaken by Britain's spy agencies is to be scrutinised in a major inquiry to be formally launched on Thursday.Parliament's intelligence and security committee (ISC), the body tasked with overseeing the work of GCHQ, MI5 and MI6, will say the investigation is a response to concern raised by the leaks from the whistleblower Edward Snowden.Sir Malcolm Rifkind, the committee chair, said "an informed and proper debate was needed". One Whitehall source described the investigation as "a public inquiry in all but name".
  • In a change from its usual protocol, the normally secretive committee also announced that part of its inquiry would be held in public.It will also take written evidence from interested groups and the public, as well as assessing secret material supplied by the intelligence agencies. The Guardian will also consider submitting evidence.
Paul Merrell

New York Times says UK tried to get it to hand over Snowden documents | World news | theguardian.com - 0 views

  • The editor of the New York Times, Jill Abramson, has confirmed that senior British officials attempted to persuade her to hand over secret documents leaked by the former National Security Agency contractor Edward Snowden.Giving the newspaper's first official comments on the incident, Abramson said that she was approached by the UK embassy in Washington after it was announced that the New York Times was collaborating with the Guardian to explore some of the files disclosed by Snowden. Among the files are several relating to the activities of GCHQ, the agency responsible for signals interception in the UK."They were hopeful that we would relinquish any material that we might be reporting on, relating to Edward Snowden. Needless to say I considered what they told me, and said no," Abramson told the Guardian in an interview to mark the International Herald Tribune's relaunch as the International New York Times.The incident shows the lengths to which the UK government has gone to try to discourage press coverage of the Snowden leaks. In July, the government threatened to take legal action against the Guardian that could have prevented publication, culminating in the destruction of computer hard drives containing some of Snowden's files.
  • Abramson said the spectacle of angle grinders and drills being used to destroy evidence in a newspaper basement was hard to conceive in the US, where the First Amendment offers free speech guarantees. "I can't imagine that. The only equivalent I can think of is years ago when the New York Times was enjoined by a lower court from publishing the Pentagon papers, but the supreme court came in and overruled that decision. Prior restraint is pretty much unthinkable to me in this country."Abramson has been executive editor of the New York Times, America's largest and most influential newspaper, since 2011. She said that the conversation with the UK's Washington embassy was the extent so far of British attempts to influence the paper's editorial decisions in relation to Snowden.
Paul Merrell

Deutsche Telekom to follow Vodafone in revealing surveillance | World news | The Guardian - 0 views

  • Germany's biggest telecoms company is to follow Vodafone in disclosing for the first time the number of surveillance requests it receives from governments around the world.Deutsche Telekom, which owns half of Britain's EE mobile network and operates in 14 countries including the US, Spain and Poland, has already published surveillance data for its home nation – one of the countries that have reacted most angrily to the Edward Snowden revelations. In the wake of Vodafone's disclosures, first published in the Guardian on Friday, it announced that it would extend its disclosures to every other market where it operates and where it is legal.A spokeswoman for Deutsche Telekom, which has 140 million customers worldwide, said: "Deutsche Telekom has initially focused on Germany when it comes to disclosure of government requests. We are currently checking if and to what extent our national companies can disclose information. We intend to publish something similar to Vodafone."
  • Bosses of the world's biggest mobile networks, many of which have headquarters in Europe, are gathering for an industry conference in Shanghai this weekend, and the debate is expected to centre on whether they should join Deutsche and Vodafone in using transparency to push back against the use of their technology for government surveillance.Mobile companies, unlike social networks, cannot operate without a government-issued licence, and have previously been reluctant to discuss the extent of their cooperation with national security and law enforcement agencies.But Vodafone broke cover on Friday by confirming that in around half a dozen of the markets in which it operates, governments in Europe and outside have installed their own secret listening equipment on its network and those of other operators.
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    Looks like Vodafone broke a government transparency logjam on government surveillance via digital communications, as to disclosure of raw totals of search warrants by nations other than the U.S. 
Paul Merrell

Apple, Facebook and Google call for 'substantial' reform of NSA surveillance | Technology | theguardian.com - 0 views

  • Tech giants including Apple, Facebook and Google called for substantial reforms to the US government's surveillance programmes Thursday in a letter to the Senate judiciary committee.In the wake of more revelations about the lengths to which the National Security Agency has gone to intercept data, the companies have called for more transparency and "substantial enhancements to privacy protections and appropriate oversight and accountability mechanisms for those programs."The letter, also signed by AOL, Microsoft and Yahoo, follows the release of more documents obtained by former NSA contractor Edward Snowden that reveal the US authorities were secretly tapping in to the tech firm's main communications links.The letter "applauds" the USA Freedom Act, a bill sponsored by Democrat senator Patrick Leahy and Republican congressman James Sensenbrenner that would end the bulk collection of data from millions of Americans and set up a privacy advocate to monitor the Fisa court, which oversees the NSA's US activities.
  • In a recent report the Information Technology and Innovation Foundation (ITIF) said the US tech firms could end up losing out on tens of billions of dollars in the cloud-based computing space in the wake of Snowden's revelations. Cloud computing is a rapidly growing area and revelations that the US authorities have been scooping up the personal data of millions of users, particularly outside the US, could cost them business."On the low end, US cloud computing providers might lose $21.5bn over the next three years," ITIF concluded. On the high end the report put the figure at $35bn.
Paul Merrell

An open letter from Carl Bernstein to Guardian editor Alan Rusbridger | Media | theGuardian.com - 0 views

  • Watergate scandal journalist's letter comes as Guardian editor prepares to appear before MPs over Edward Snowden leaks
  • Dear Alan,There is plenty of time – and there are abundant venues – to debate relevant questions about Mr Snowden's historical role, his legal fate, the morality of his actions, and the meaning of the information he has chosen to disclose.But your appearance before the Commons today strikes me as something quite different in purpose and dangerously pernicious: an attempt by the highest UK authorities to shift the issue from government policies and excessive government secrecy in the United States and Great Britain to the conduct of the press – which has been quite admirable and responsible in the case of the Guardian, particularly, and the way it has handled information initially provided by Mr Snowden.
Paul Merrell

Hague court under western pressure not to open Gaza war crimes inquiry | Law | The Guardian - 0 views

  • The international criminal court has persistently avoided opening an investigation into alleged war crimes in Gaza as a result of US and other western pressure, former court officials and lawyers claim.In recent days, a potential ICC investigation into the actions of both the Israel Defence Forces and Hamas in Gaza has become a fraught political battlefield and a key negotiating issue at ceasefire talks in Cairo. But the question of whether the ICC could or should mount an investigation has also divided the Hague-based court itself.
  • An ICC investigation could have a far-reaching impact. It would not just examine alleged war crimes by the Israeli military, Hamas and other Islamist militants in the course of recent fighting in Gaza that left about 2,000 people dead, including women and children. It could also address the issue of Israeli settlements in the Palestinian territories, for which the Israeli leadership would be responsible.
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    Pressuring a court is a good way for a lawyer to be disbarred in the U.S. But pressuring the International Criminal Court, of which neither the U.S. nor Israel are members, well that's just good clean fun. 
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