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Paul Merrell

United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Supreme Court 1972 - Google Scholar - 0 views

  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Gary Edwards

Sandy Hook and Obama's Connecticut Social Security number | Fellowship of the Minds - 1 views

  • In May 2011, blogger The Obama Hustle conducted a database pull for SSN 042-68-4425 and got the names of Harrison J. Bounel and Barack Obama (see below), indicating that one SSN was being used by both men.
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    "Sandy Hook and Obama's Connecticut Social Security number Posted on December 27, 2014 by Dr. Eowyn | 18 Comments One of the many curiosities about the sitting President of the United States is the fact that, unlike us, he has not one, but multiple Social Security numbers (SSN). In 2010, two licensed private investigators, Susan Daniels and Neal Sankey, found that multiple SS numbers are associated with Barack Obama's name. Daniels and Sankey put their findings in sworn affidavits. Dr. Orly Taitz further verified their information with a third source, a retired Department of Homeland Security senior investigator named John Sampson. In May 2010, the mystery deepened when it was determined that the SSN Obama is currently using (042-68-4425) has a Connecticut prefix, 042, but Obama had never lived in nor had associations with the state of Connecticut. Obama has been using that 042 SS number since 1979 when he was 18 years old. In an article for Western Journalism, Stephen Baldwin writes: All told, there are 49 addresses and 16 different Social Security numbers listed for a person whose name is spelled "Barack Obama." […] the one Social Security number Obama most frequently used, the one beginning with 042, is a number issued in Connecticut sometime during 1976-1977, yet there is no record of Obama ever living or working in Connecticut. Indeed, during this time period Obama would have been 15-16 years old and living in Hawaii at the time. In late February 2011, the mystery further deepened when retired US Air Force Col. Gregory Hollister, the litigant in an Obama eligibility lawsuit, conducted a search for Obama's Connecticut SSN in the Social Security Number Verification System used by small businesses to verify employment eligibility. The results came back as: Failed: SSN not in file (never issued) To the question of why Obama obtained a Connecticut-issued SSN instead of one by Hawaii, Joel Gilbert, maker of the documentary Dreams from
Paul Merrell

Nemtsov's Killers Also Planned to Kill Putin - 0 views

  • FSB source to "Komsomolskaya Pravda": "the customer of Nemtsov's murder was preparing an assassination of Vladimir Putin" The main suspect in the organization of the high-profile crime - is a commander of the Ukrainian battalion in the name of Dzhokhar Dudayev, Adam Osmayev. The correspondent of "Komsomolskaya Pravda" met with the FSB agent, who is part of the team investigating the murder of Boris Nemtsov. In an exclusive interview he spoke about the new details of the crime and named the most likely customer of the murder.
  • Today the investigators have irrefutable proof that all persons detained on suspicion of murder of the politician are the perpetrators, - said our source in the FSB. First of all, billing (data about calls and movements of the subscriber. - Ed.) from their mobile phones showed that they conducted surveillance of Nemtsov before the murder, following him closely. The suspects were tracked with their phones at the location where Nemtsov was present with his phone. During the murder all the detainees "were in the area": some under the bridge, some in a car, some nearby. Zaur Dadaev pulled the trigger. He first made a confession, and then, on the advice of his lawyers, took it back. But it changes nothing, the investigation has already collected compelling evidence of his guilt. I will not give details of how this was done. The pistol was thrown into the river after the crime, it was later recovered by divers. That Zaur Dadaev immediately said to the TV cameras: "I love prophet Muhammad" - is just a cover. There was no religious motive for the killings. They cynically carried out an order. They are far from devout Muslims. In fact, just real gangsters. And the most important thing. The executor of the murder was in close contact with Adam Osmaev, who recently became the commander of the Ukrainian battalion in the name of Dzhokhar Dudayev. They met, talked a lot on the phone. Zaur Dadaev and his cronies worked with Osmaev on Ukrainian affairs. And also with Chechens, who fought on the territory of Ukraine for the new regime. Zaur Dadaev was listed in the battalion "North" ("Sever") of the Chechen Interior Ministry, but while serving in it, in fact, was engaged in activities against Russia. He was associated with Osmaev by a certain relationship and mutual obligations.
  • The evidence is still being gathered. But I can say that today the main suspected customer of Nemtsov's murder is Adam Osmayev.
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  • - The perpetrators were told to execute the order in the place where it was committed, - continues our source. - Another words not just to kill him in the alley, but do it in the heart of Moscow across from the Kremlin - deliberately to cause outrage around the world. Before the crime they received the advance payment, it was agreed that the remainder of the money for the "job" will be transferred to their bank account. - Why did they have to kill Nemtsov, who spoke out against Putin's policies? It turns out, they had killed their ideological ally! - [Ultra-] Nationalists and criminals will not stop at anything. To kill their ally for them is not a question of morality. Nemtsov became a bargaining chip. The goal was - to slander Russia, to show it in a bad light, to prevent peace in Donbass (especially after talks with Merkel and Hollande). To show the President of Russia in the eyes of the world community as the "ultimate evil" - to show: look, how he strangled the opposition. The world just began to warm up to Putin's politics, which he is following in relation to Ukraine. And this cynical murder of Nemtsov has caused a wave of discontent, fueled by the world media. The American and European press immediately began to show this murder in their own light, placing the responsibility on the President of Russia.
  • Adam Osmayev was previously suspected in the attempt to organize the 2012 assassination of Vladimir Putin, at that time a Prime Minister and presidential candidate. Osmayev  planned to blow up Putin's motorcade, which was confirmed by a video, found in his laptop, of Prime Minister's motorcade travelling through Moscow. Then Osmaev cooperated with the investigation - admitted he came to Odessa from the United Arab Emirates with instructions from field commander Doku Umarov. But in court Osmayev refused to testify, claiming he gave his testimony after a beating. His lawyers wrote a complaint to the Prosecutor's office and the European Court of Human Rights. - Osmaev failed to get to Putin himself, but it seems that he did not calm down, - says our source in the FSB. - And later the most accessible target to attack the President was selected - Boris Nemtsov. Nemtsov lately was not seen as an active member of the opposition, was no competition to Putin, but his name was known. The choice of a sacrificial lamb was quite successful. The gangsters do not stop at anything. And gangsters involved in politics is a devilish blend.
  • - Will Osmaev be charged? - Now everything is in the stage of investigation and evidence collection. Some of the evidence we already gathered, but I don't want to tell everything in order not to hinder the investigation.
  • What was Adam Osmayev "famous" for... In 2007 in Moscow on the eve of Victory Day a terrorist attack was averted - explosives were found in a parked car. A native of Grozny, Adam Osmayev, a suspect in the case, was arrested in absentia by the Lefortovsky district court of Moscow and declared for international search. The investigation found that Osmayev with a group of Chechens and Ingush was also preparing an assassination on May 9 of the head of Chechnya, Ramzan Kadyrov. According to the press, after that Osmayev was hiding in the UK, where he was contacted by associates of Doku Umarov and was offered to organize a new terrorist attack. Adam agreed and went to Ukraine with a fake passport. In 2012, he was arrested after an explosion in a rented apartment - the terrorist was preparing homemade bombs. Osman and his "right hand", a Kazakh citizen, Ilya Pyanzin, admitted: they were preparing an assassination of the head of the government of Russian Federation, Vladimir Putin. The suspects also reported that they recruited fighters for future terrorist attacks in Russia. But later they took back their testimony.
  • Russia demanded to extradite Adam Osmayev, however, the European Court of Human Rights had blocked it, declaring: "In Russia the detainee may be subjected to torture". Pyanzin eventually was extradited to Russia, and in September 2013 he was sentenced to ten years in a colony with a strict regime. On November 18, 2014, the court of Odessa declared a sentence for Osmaev: 2 years and 9 months imprisonment. He was released in the courtroom "for lack of evidence of preparation of assassination" - he was credited the time he already spent in jail. The court room reacted to the sentence of Osmaev with applause, and he, in turn, encouraged them to "protect Ukraine". In February of this year Osmayev headed the Ukrainian battalion  in the name of Dzhokhar Dudayev, succeeding the general, deceased under Debaltsevo, Isa Munaev. 
  • OFFICIAL COMMENT Dmitry Peskov: In the coming days, the prosecutors will announce the motives for the murder "We hope that in the coming days all legal formalities will be completed and prosecutors will announce their versions of the murder, will name those who are behind this," said the President's press secretary Dmitry Peskov to the journalists of "AP", answering the question about the prospects of completing the investigation of the murder of Boris Nemtsov.
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    According to this translated-from-Russian Pravda report, the investigation of the Boris Nemtsov assassination in Russia is closing in on the commander of a Ukrainian battalion, Adam Osmayev, as the person who set in motion the assassination by a professional hit team that had also been tasked to assassinate Vladimir Putin. In other words, a false flag attack on Nemtsov to make Russia look bad, to be followed up by killing the Russian Prime Minister.  The pseudonym reportedly used by Osmayev in Ukraine is Dzhokar Dudayev. That is the name of the first President of the Chechen Republic of Ichkeria, a breakaway state in the North Caucasus. Wikpedia says, "Dudayev was killed on 21 April 1996, by two laser-guided missiles when he was using a satellite phone, after his location was detected by a Russian reconnaissance aircraft, which intercepted his phone call." http://goo.gl/67qPVR  In comments by the translator that I did not highlight, she speculates that the trail may lead further to the CIA and SBU, which is roughly the Ukrainian equivalent of the CIA. See also this 2014 article, http://www.interfax.com/newsinf.asp?id=488090 (.) That article reports, inter alia, that the CIA had personnel working within the SBU between 2006-10 and that CIA had been provided with the personnel files of Ukraine "special services" officers. If true, that would mean that CIA had penetrated SBU long before the coup and may in fact have been in control of SBU. Approximately the first paragraph of this article was reported by the Kyev Post, without mention of the CIA officials working within SBU. http://goo.gl/9HX1n
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    Correction: I misunderstood the translation. The plot to kill Putin happened in 2012 and Adam Osmayev was allegedly tied to it. I have no information that the other defendants in the present incident were involved with that. Also, Dzhokar Dudayev is not a pseudonym used by Osmayev but instead the name of his militia battalion in Ukraine. It's composed of "international" volunteers, one might suspect largely of Chechnyans. I'll be bookmarking another article soon that makes more sense of all this. Osmayev is himself Chechnyan.
Gary Edwards

Obama's Occidental College transcripts provides concrete evidence to annul his presidency | askmarion - 1 views

  • f Obama didn’t legally have his name changed from Barry to Barack then the birth certificate he passed to Congress is a fake, a forgery.
  • If his name was registered as Barry Soetoro even though Obama claims his real name is Barack Obama then Obama defrauded the state of California in order to receive college funding. 
  • Obama knowingly presented a false document to the state wherein he claimed to be a foreign student in order to illegally acquire financial aid.
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    Interesting update on Obama.  His Occidental College Registration records are on file with the State of California.  They reveal that he is indeed ineligible to President of the US. The registration form shows that he is an Indonesian national (citizen), and his religion is Islam.   There is no record of a Barack Obama or Barry Soetoro having applied for US Citizenship, or even attempting to renew/re file his citizenship claim of having been born in Hawaii.  Either way though, Obama fails the Constitutional "natural born Citizen" test, as his father was a British colonial citizen of Kenya.  The term "natural born Citizen" requires that both parent be US Citizens. The Occidental College Registration also shows that Obama, aka Barry Soetoro, applied for financial aid and was awarded a fellowship for foreign students from Fulbright Foundation Scholarship program. "Occidental Registration transcript states ~ Name: Barry Soetoro - Religion: Islam - Nationality: Indonesian The smoking gun evidence that annuls Obama's presidency is Obama's college transcripts regarding his application for and receiving of foreign student aid.  Obama's college transcripts from Occidental College indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate at the school. The transcript from Occidental College shows that Obama (Barry Soetoro) applied for financial aid and was awarded a fellowship (scholarship) for foreign students from the Fulbright Foundation Scholarship program - an international educational exchange program sponsored by the U.S. government.  Grants are available for U.S. citizens to go abroad and for non-U.S. citizens with no U.S. permanent residence to come to the U.S.  To qualify, for the non-US citizen scholarship to study in the U.S., a student applicant must claim and provide proof of foreign citizenship. This document would seem to provide the smoking gun that many of Obama
Gary Edwards

Obama's Taqqiya Unravels - Nonie Darwish - 0 views

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    Perhaps the clearest and most direct explanation yet concerning the Benghazi Massacre and the once strapping young Muslim-Socialist in the White House.   excerpt: "I have never entertained the idea that Obama was a Muslim and always believed he was a socialist. But Obama's behavior over the last four years regarding Islam has convinced me that Obama has a Socialist/Islamic centered worldview -- a combination that is not uncommon in many parts of the Muslim world. Having been a journalist in Egypt for six years in the seventies, I have witnessed socialism with an Islamic twist to be a popular political ideology, especially amongst Arab journalists and intellectuals. Socialism, and even communism, have managed to survive in the ruthless Islamic political system as an alternative to full-fledged Sharia. The two ideologies have blended together in cases including the Baath Party in Syria and Iraq and socialist regimes in Egypt and Yemen. One major difference between the two ideologies is that Islam uses Allah, while socialism uses atheism, to fight the God of Christianity. Free democracies, such as the United States, are alien to Islam and socialism both because they regard government as a servant of the people and hold that human rights are granted by God and not by government or the code of Sharia. Both Sharia and socialism are united in their envy of Western society and need to change it. That is why Obama has become the savior of both Islam and socialism. He embodies both ideologies. The claim that Obama is a Christian was a silly joke, but a necessary lie for the greater cause of changing America to fit the goals of both creeds. Obama became the One, the savior of both Islam and socialists. To do that, Obama had to deny who he really was, which explains why his actions and words have never added up. At the recent Alfred E. Smith Catholic Charity dinner speech, Obama did not seem to be just kidding when he said that Romney uses his middle name Mitt and "I wish I c
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    I can't see Obama as a Muslim, a Christian, or a Socialist. He is simply too corrupt to honestly subscribe to any ideology other than Corruption.
Paul Merrell

WikiLeaks to publish more Hillary Clinton emails - Julian Assange | Media | The Guardian - 0 views

  • Julian Assange, the founder of WikiLeaks, has said his organisation is preparing to publish more emails Hillary Clinton sent and received while US secretary of state. Clinton, the presumptive Democratic presidential nominee, is under FBI investigation to determine whether she broke federal law by using her private email in sending classified information. A new WikiLeaks release of Clinton emails is likely to fan a controversy that has bedevilled her campaign and provide further ammunition for Donald Trump, her Republican presidential rival, who has used the issue to attack her. Assange’s comments came in an interview on ITV’s Peston on Sunday. “We have upcoming leaks in relation to Hillary Clinton … We have emails pending publication, that is correct,” Assange said.He did not specify when or how many emails would be published. WikiLeaks launched a searchable archive in March of 30,322 emails and email attachments sent to and from Clinton’s private email server while she was secretary of state. The 50,547 pages of documents are from 30 June 2010 to 12 August 2014, and 7,570 of the documents were sent by Clinton, who served as secretary of state from 2009 to 2013. Assange, a trenchant Clinton critic, said she was receiving constant personal updates on his situation.
  • Assange said it was highly unlikely that the US attorney general, Loretta Lynch, would indict Clinton. “She’s not going to indict Hillary Clinton, that’s not possible. It’s not going to happen. But the FBI can push for concessions from a Clinton government,” he said.
  • His attacks on Clinton may be dismissed as highly partial, but the email controversy continues to dog her. An internal report last month found she had broken several government rules by using a private server rather than more secure official communication systems. The 78-page investigation by the inspector general of the state department singled out several previously unknown breaches while Clinton was secretary of state, including the use of mobile devices to conduct official business without checking whether they posed a security risk.
Gary Edwards

Google News - 0 views

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    An incredible story is unfolding in Egypt where the new military government is digging through volumes of documents seized in raids on the Muslim Brotherhood. The documents are said to show that Barak Obama has been funneling Billions of dollars into the Muslim Brotherhood. excerpt: "Bare Naked Islam has done extensive reporting on the "bribes." The ... Evidence we have obtained lends credibility to the charges of "gifts" (bribes) being taken in U.S. dollars from the U.S. Embassy in Cairo" that were distributed to top ministerial level officials in the Mursi government. Via Almesryoon: "A judicial source stated that over the past few days, a number of complaints have beenfiled with the Attorney General Hisham Barakat. These complaints accuse the leaders of the Muslim Brotherhood and leaders of the centrist party of receiving gifts from the American embassy in Cairo. The sponsors of these complaints stated that among these leaders are Mohamed Badie, General Guide of the Muslim Brotherhood, Khairat Al-Shater, deputy leader and businessman, Mohamed Beltagy leading the group, Essam el-Erian, deputy head of the Freedom and Justice Party of, and Abu Ela Mady, head of the Wasat Party, Essam Sultan, deputy head of the Wasat Party." The strength of these allegations is seemingly bolstered by another case alluded to by the newspaper in which a document is referenced. This document reportedly reveals monthly "gifts" being paid to Muslim Brotherhood leaders in Egypt by the Prime Minister Hamad bin Jassim bin Jabor Al Thani, Minister of Foreign Affairs to the Mursi government. These monthly payments were said to be denominated in U.S. dollars to each leader. Evidence for such allegations are substantiated by a document we have obtained. It includes the names of several recipients of funds and even includes their signatures acknowledging receipt of the funds. This ledger, obtained from inside the Mursi government, lends additional credibility to the rep
Gary Edwards

Jim Douglass: A Letter to the American People (and Myself in Particular) On the Unspeakable, 1999, 2012 - 0 views

  • “But if they’re not [authentic], then you have something of a magnitude beyond common experience that would reflect so devastatingly on our society as a whole and its corruptibility that you don’t know how to deal with it.”[4]
  • Since I began researching the assassinations of Martin Luther King, Malcolm X, and John and Robert Kennedy, I have been shocked by the obvious signature that is written across all four of them. It is the signature of what President Eisenhower identified as the military-industrial complex of our government.[6] We can read that signature at once in Dallas in the identity of the scapegoat Lee Harvey Oswald.
  • When Lee Harvey Oswald was arrested in Dallas after the assassination, he was carrying a Department of Defense ID card that is routinely issued to U.S. intelligence agents abroad. The FBI later obliterated the card by “testing” it but writer Mary La Fontaine discovered a copy of it in l992 in a Dallas Police Department photo. Oswald had been a radar operator for the CIA’s U-2 spy plane while he was a Marine stationed at Atsugi Naval Air Station in Japan. The Atsugi base served as the CIA’s center for its Far East operations. His fellow Marines David Bucknell and James Botelho said that when Oswald “defected” to the Soviet Union, he did so under the direction of U.S. intelligence.[8] The professed traitor Oswald was given a U.S.-government loan to assist his return from the USSR. When he settled in Dallas, his closest friend and mentor was longtime U.S. intelligence operative George DeMohrenschildt.
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  • Fidel Castro recognized “CIA” written all over Lee Harvey Oswald and the press releases on him that were being sent around the world within minutes of the assassination. The whole Dallas set-up was obvious to someone as familiar with CIA assassination plots as Fidel Castro was.
  • The more one investigates the assassination of John Kennedy, the more one becomes immersed in the depths of U.S. intelligence. The American intelligence community was the sea around Lee Harvey Oswald, Jack Ruby, and the host of anti-Castro Cuban exiles and gun runners with whom Oswald and Ruby worked closely.
  • By the Fall of l963 John Kennedy had also decided to withdraw from Vietnam.[14] Robert McNamara in his memoir In Retrospect[15] has described the contentious October 2, l963, National Security Council meeting at which Kennedy decided, against the arguments of most of his advisors: to withdraw all U.S. forces from Vietnam by the end of l965; to withdraw l,000 U.S. troops by the end of l963; to announce this policy publicly “to set it in concrete,” which Press Secretary Pierre Salinger did at a press conference when the meeting was over.[16]
  • After JFK’s assassination, his withdrawal policy was quietly voided.[18] In light of the future consequences of Dallas, it was not only John Kennedy who was crucified on November 22, l963, but 58,000 other Americans and over three million Vietnamese, Laotians, and Cambodians.
  • Clifton Baird was a Louisville, Kentucky, police officer in l965 when he was asked to help kill Martin Luther King. On September l8, l965, Baird gave a ride home in his car to fellow Louisville officer Arlie Blair after their 3-ll pm shift. Baird parked his car in Blair’s driveway, and the two men talked. Alarmed at what Blair was saying, Clifton Baird secretly turned on a microphone hidden under his seat that was connected to a recorder in a rear speaker. What Baird taped was an offer to engage in a conspiracy to kill Dr. King. He later shared the information with author William F. Pepper who included it in his book on the King assassination Orders to Kill.[32] Blair told Baird that an organization he belonged to was willing to pay $500,000 for the death of King. Would Baird be willing to participate? Baird said he definitely would not. He urged Blair to stay away from it, too.
  • The next day at a Louisville police station, Clifton Baird saw Arlie Blair conferring with a group of police officers and FBI agents. The FBI agents had, over a period of sixteen years or more, developed a close relationship with members of the Louisville police force.
  • On September 20, l965, Baird taped a second car conversation with Blair. Blair again brought up the $500,000 bounty for King, which Baird had now connected with the FBI.
  • Myron Billett was another witness to the truth. By undergoing a conversion in his own life, Myron Billett was able to reveal that in January l968 FBI and CIA agents offered a New York Mafia leader a $l million contract to kill Martin Luther King.
  • After Dr. King was assassinated on April 4, Sam Giancana gave Myron Billett $30,000 and told him to start running: They both knew too much and were going to be killed. Giancana was in fact murdered in his Chicago home in June l975, just before he was scheduled to testify before the Church Committee concerning assassination plots. His killing took the form of a symbolic warning to other possible assassination witnesses. Giancana was shot seven times in a circle around his mouth.
  • In his Canadian Broadcasting Corporation lectures at the end of l967 (later published as The Trumpet of Conscience[39]), King’s vision went beyond even these overwhelming concerns. He saw the next step as a global nonviolent movement using escalating acts of massive civil disobedience to disrupt the entire international order and block economic and political exploitation across borders.
Paul Merrell

Court asked to kill off NSA's 'zombie dragnet' of Americans' bulk phone data | US news | The Guardian - 0 views

  • The leading civil liberties group in the United States has requested a federal court to stop the National Security Agency from collecting Americans’ phone data in bulk through the end of the year.
  • While the surveillance dragnet was phased out by Congress and Barack Obama last month, an American Civil Liberties Union suit seeks to end a twilight, zombie period of the same US phone records collection, slated under the new law to last six months. “Today the government is continuing – after a brief suspension – to collect Americans’ call records in bulk on the purported authority of precisely the same statutory language this court has already concluded does not permit it,” the ACLU writes in a motion filed on Tuesday before the second circuit court of appeals.
  • The venue is significant. On 7 May, as Congress debated ending the domestic phone-records collection, the second circuit ruled the collection was illegal. Yet it did not order Obama’s administration to cease the bulk collection, writing that a preferable option would be to stay out of the unfolding legislative battle over the future scope of US surveillance. That debate ended on 2 June with the passage of the USA Freedom Act, which reinstated expired provisions of the Patriot Act that the government had since 2006 relied upon – erroneously, in the second circuit’s view – for the bulk collection. Yet it ended the NSA’s bulk US phone records collection and created a new mechanism for the NSA to gather “call data records” from telecoms pursuant to a court order.
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  • Within hours of signing the bill, Obama requested that the secret surveillance panel known as the Fisa court reinstate the dragnet, relying on a provision permitting a six-month “transition” period. Judge Michael Mosman granted the request on 29 June. The ACLU, which was the plaintiff in the case the second circuit decided, has indicated since the Fisa court began considering resumption of the dragnet that it would seek an injunction. Its major contention in support of the requested injunction is that despite the Freedom Act’s provision for a transition period, the underlying law authorizing the bulk surveillance remains the same Patriot Act provisions that the second circuit held do not justify the NSA phone-records collection. “There is no sound reason to accord this language a different meaning now than the court accorded it in May. [The Patriot Act] did not authorize bulk collection in May, and it does not authorize it now,” reads the ACLU brief.
Paul Merrell

The 'Athens Affair' shows why we need encryption without backdoors | Trevor Timm | Comment is free | The Guardian - 0 views

  • Just as it seems the White House is close to finally announcing its policy on encryption - the FBI has been pushing for tech companies like Apple and Google to insert backdoors into their phones so the US government can always access users’ data - new Snowden revelations and an investigation by a legendary journalist show exactly why the FBI’s plans are so dangerous. One of the biggest arguments against mandating backdoors in encryption is the fact that, even if you trust the United States government never to abuse that power (and who does?), other criminal hackers and foreign governments will be able to exploit the backdoor to use it themselves. A backdoor is an inherent vulnerability that other actors will attempt to find and try to use it for their own nefarious purposes as soon as they know it exists, putting all of our cybersecurity at risk. In a meticulous investigation, longtime NSA reporter James Bamford reported at the Intercept Tuesday that the NSA was behind the notorious “Athens Affair”. In surveillance circles, the Athens Affair is stuff of legend: after the 2004 Olympics, the Greek government discovered that an unknown attacker had hacked into Vodafone’s “lawful intercept” system, the phone company’s mechanism of wiretapping phone calls. The attacker spied on phone calls of the president, other Greek politicians and journalists before it was discovered. According to Bamford’s story, all this happened after the US spy agency cooperated with Greek law enforcement to keep an eye on potential terrorist attacks for the Olympics. Instead of packing up their surveillance gear, they covertly pointed it towards the Greek government and its people. But that’s not all: according to Snowden documents that Bamford cited, this is a common tactic of the NSA. They often attack the “lawful intercept” systems in other countries to spy on government and citizens without their knowledge:
  • Exploiting the weaknesses associated with lawful intercept programs was a common trick for NSA. According to a previously unreleased top-secret PowerPoint presentation from 2012, titled “Exploiting Foreign Lawful Intercept Roundtable”, the agency’s “countries of interest” for this work included, at that time, Mexico, Indonesia, Egypt and others. The presentation also notes that NSA had about 60 “Fingerprints” — ways to identify data — from telecom companies and industry groups that develop lawful intercept systems, including Ericsson, as well as Motorola, Nokia and Siemens. It’s the exact nightmare scenario security experts have warned about when it comes to backdoors: they are not only available to those that operate them “legally”, but also to those who can hack into them to spy without anyone’s knowledge. If the NSA can do it, so can China, Russia and a host of other malicious actors.
Paul Merrell

Now the truth emerges: how the US fuelled the rise of Isis in Syria and Iraq | Seumas Milne | Comment is free | The Guardian - 0 views

  • The war on terror, that campaign without end launched 14 years ago by George Bush, is tying itself up in ever more grotesque contortions. On Monday the trial in London of a Swedish man, Bherlin Gildo, accused of terrorism in Syria, collapsed after it became clear British intelligence had been arming the same rebel groups the defendant was charged with supporting. The prosecution abandoned the case, apparently to avoid embarrassing the intelligence services. The defence argued that going ahead withthe trial would have been an “affront to justice” when there was plenty of evidence the British state was itself providing “extensive support” to the armed Syrian opposition. That didn’t only include the “non-lethal assistance” boasted of by the government (including body armour and military vehicles), but training, logistical support and the secret supply of “arms on a massive scale”. Reports were cited that MI6 had cooperated with the CIA on a “rat line” of arms transfers from Libyan stockpiles to the Syrian rebels in 2012 after the fall of the Gaddafi regime. Clearly, the absurdity of sending someone to prison for doing what ministers and their security officials were up to themselves became too much. But it’s only the latest of a string of such cases. Less fortunate was a London cab driver Anis Sardar, who was given a life sentence a fortnight earlier for taking part in 2007 in resistance to the occupation of Iraq by US and British forces. Armed opposition to illegal invasion and occupation clearly doesn’t constitute terrorism or murder on most definitions, including the Geneva convention.
  • But terrorism is now squarely in the eye of the beholder. And nowhere is that more so than in the Middle East, where today’s terrorists are tomorrow’s fighters against tyranny – and allies are enemies – often at the bewildering whim of a western policymaker’s conference call.
  • A revealing light on how we got here has now been shone by a recently declassified secret US intelligence report, written in August 2012, which uncannily predicts – and effectively welcomes – the prospect of a “Salafist principality” in eastern Syria and an al-Qaida-controlled Islamic state in Syria and Iraq. In stark contrast to western claims at the time, the Defense Intelligence Agency document identifies al-Qaida in Iraq (which became Isis) and fellow Salafists as the “major forces driving the insurgency in Syria” – and states that “western countries, the Gulf states and Turkey” were supporting the opposition’s efforts to take control of eastern Syria. Raising the “possibility of establishing a declared or undeclared Salafist principality”, the Pentagon report goes on, “this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran)”.
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  • Which is pretty well exactly what happened two years later. The report isn’t a policy document. It’s heavily redacted and there are ambiguities in the language. But the implications are clear enough. A year into the Syrian rebellion, the US and its allies weren’t only supporting and arming an opposition they knew to be dominated by extreme sectarian groups; they were prepared to countenance the creation of some sort of “Islamic state” – despite the “grave danger” to Iraq’s unity – as a Sunni buffer to weaken Syria. That doesn’t mean the US created Isis, of course, though some of its Gulf allies certainly played a role in it – as the US vice-president, Joe Biden, acknowledged last year. But there was no al-Qaida in Iraq until the US and Britain invaded. And the US has certainly exploited the existence of Isis against other forces in the region as part of a wider drive to maintain western control.
  • The calculus changed when Isis started beheading westerners and posting atrocities online, and the Gulf states are now backing other groups in the Syrian war, such as the Nusra Front. But this US and western habit of playing with jihadi groups, which then come back to bite them, goes back at least to the 1980s war against the Soviet Union in Afghanistan, which fostered the original al-Qaida under CIA tutelage. It was recalibrated during the occupation of Iraq, when US forces led by General Petraeus sponsored an El Salvador-style dirty war of sectarian death squads to weaken the Iraqi resistance. And it was reprised in 2011 in the Nato-orchestrated war in Libya, where Isis last week took control of Gaddafi’s home town of Sirte. In reality, US and western policy in the conflagration that is now the Middle East is in the classic mould of imperial divide-and-rule. American forces bomb one set of rebels while backing another in Syria, and mount what are effectively joint military operations with Iran against Isis in Iraq while supporting Saudi Arabia’s military campaign against Iranian-backed Houthi forces in Yemen. However confused US policy may often be, a weak, partitioned Iraq and Syria fit such an approach perfectly.
  • What’s clear is that Isis and its monstrosities won’t be defeated by the same powers that brought it to Iraq and Syria in the first place, or whose open and covert war-making has fostered it in the years since. Endless western military interventions in the Middle East have brought only destruction and division. It’s the people of the region who can cure this disease – not those who incubated the virus.
Paul Merrell

Secret US cybersecurity report: encryption vital to protect private data | US news | The Guardian - 0 views

  • A secret US cybersecurity report warned that government and private computers were being left vulnerable to online attacks from Russia, China and criminal gangs because encryption technologies were not being implemented fast enough. The advice, in a newly uncovered five-year forecast written in 2009, contrasts with the pledge made by David Cameron this week to crack down on encryption use by technology companies.
  • In the wake of the Paris terror attacks, the prime minister said there should be no “safe spaces for terrorists to communicate” or that British authorites could not access. Cameron, who landed in the US on Thursday night, is expected to urge Barack Obama to apply more pressure to tech giants, such as Apple, Google and Facebook, which have been expanding encrypted messaging for their millions of users since the revelations of mass NSA surveillance by the whistleblower Edward Snowden.
  • Cameron said the companies “need to work with us. They need also to demonstrate, which they do, that they have a social responsibility to fight the battle against terrorism. We shouldn’t allow safe spaces for terrorists to communicate. That’s a huge challenge but that’s certainly the right principle”. But the document from the US National Intelligence Council, which reports directly to the US director of national intelligence, made clear that encryption was the “best defence” for computer users to protect private data. Part of the cache given to the Guardian by Snowden was published in 2009 and gives a five-year forecast on the “global cyber threat to the US information infrastructure”. It covers communications, commercial and financial networks, and government and critical infrastructure systems. It was shared with GCHQ and made available to the agency’s staff through its intranet.
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  • An unclassified table accompanying the report states that encryption is the “[b]est defense to protect data”, especially if made particularly strong through “multi-factor authentication” – similar to two-step verification used by Google and others for email – or biometrics. These measures remain all but impossible to crack, even for GCHQ and the NSA. The report warned: “Almost all current and potential adversaries – nations, criminal groups, terrorists, and individual hackers – now have the capability to exploit, and in some cases attack, unclassified access-controlled US and allied information systems.” It further noted that the “scale of detected compromises indicates organisations should assume that any controlled but unclassified networks of intelligence, operational or commercial value directly accessible from the internet are already potentially compromised by foreign adversaries”.
  • The report had some cause for optimism, especially in the light of Google and other US tech giants having in the months prior greatly increased their use of encryption efforts. “We assess with high confidence that security best practices applied to target networks would prevent the vast majority of intrusions,” it concluded. Official UK government security advice still recommends encryption among a range of other tools for effective network and information defence. However, end-to-end encryption – which means only the two people communicating with each other, and not the company carrying the message, can decode it – is problematic for intelligence agencies as it makes even warranted collection much more difficult.
  • The previous week, a day after the attack on the Charlie Hebdo office in Paris, the MI5 chief, Andrew Parker, called for new powers and warned that new technologies were making it harder to track extremists. In November, the head of GCHQ, Robert Hannigan, said US social media giants had become the “networks of choice” for terrorists. Chris Soghoian, principal senior policy analyst at the American Civil Liberties Union, said attempts by the British government to force US companies to weaken encryption faced many hurdles.
  • The Guardian, New York Times and ProPublica have previously reported the intelligence agencies’ broad efforts to undermine encryption and exploit rather than reveal vulnerabilities. This prompted Obama’s NSA review panel to warn that the agency’s conflicting missions caused problems, and so recommend that its cyber-security responsibilities be removed to prevent future issues.
  • The memo requested a renewal of the legal warrant allowing GCHQ to “modify” commercial software in violation of licensing agreements. The document cites examples of software the agency had hacked, including commonly used software to run web forums, and website administration tools. Such software are widely used by companies and individuals around the world. The document also said the agency had developed “capability against Cisco routers”, which would “allow us to re-route selected traffic across international links towards GCHQ’s passive collection systems”. GCHQ had also been working to “exploit” the anti-virus software Kaspersky, the document said. The report contained no information on the nature of the vulnerabilities found by the agency.
  • Michael Beckerman, president and CEO of the Internet Association, a lobby group that represents Facebook, Google, Reddit, Twitter, Yahoo and other tech companies, said: “Just as governments have a duty to protect to the public from threats, internet services have a duty to our users to ensure the security and privacy of their data. That’s why internet services have been increasing encryption security.”
Paul Merrell

The disappeared: Chicago police detain Americans at abuse-laden 'black site' | US news | The Guardian - 0 views

  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
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  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • Brian Jacob Church, a protester known as one of the “Nato Three”, was held and questioned at Homan Square in 2012 following a police raid. Officers restrained Church for the better part of a day, denying him access to an attorney, before sending him to a nearby police station to be booked and charged.
  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • “Homan Square is definitely an unusual place,” Church told the Guardian on Friday. “It brings to mind the interrogation facilities they use in the Middle East. The CIA calls them black sites. It’s a domestic black site. When you go in, no one knows what’s happened to you.”
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution. “This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution.
Paul Merrell

It's Time to Rewrite the Internet to Give Us Better Privacy, and Security - The Daily Beast - 0 views

  • Almost 15 years ago, as I was just finishing a book about the relationship between the Net (we called it “cyberspace” then) and civil liberties, a few ideas seemed so obvious as to be banal: First, life would move to the Net. Second, the Net would change as it did so. Gone would be simple privacy, the relatively anonymous default infrastructure for unmonitored communication; in its place would be a perpetually monitored, perfectly traceable system supporting both commerce and the government. That, at least, was the future that then seemed most likely, as business raced to make commerce possible and government scrambled to protect us (or our kids) from pornographers, and then pirates, and now terrorists. But another future was also possible, and this was my third, and only important point: Recognizing these obvious trends, we just might get smart about how code (my shorthand for the technology of the Internet) regulates us, and just possibly might begin thinking smartly about how we could embed in that code the protections that the Constitution guarantees us. Because—and here was the punchline, the single slogan that all 724 people who read that book remember—code is law. And if code is law, then we need to be as smart about how code regulates us as we are about how the law does so.
  • There is, after all, something hopeful about a future that was smart about encoding our civil liberties. It could, in theory at least, be better. Better at protecting us from future Nixons, better at securing privacy, and better at identifying those keen to commit crime.
  • But what astonishes me is that today, more than a decade into the 21st century, the world has remained mostly oblivious to these obvious points about the relationship between law and code. That’s the bit in the Edward Snowden interview that is, to me, the most shocking. As he explained to Glenn Greenwald: The NSA specially targets the communications of everyone. It ingests them by default. It collects them in its system, and it filters them and it analyzes them and it measures them and it stores them for periods of time simply because that’s the easiest and the most efficient and most valuable way to achieve these ends ... Not all analysts have the ability to target everything. But I sitting at my desk certainly had the authority to wiretap anyone—from you [the reporter, Glenn Greenwald], to your accountant, to a federal judge, to even the president if I had a personal email. We don’t know yet whether Snowden is telling the truth. Lots of people have denied specifics, and though his interview is compelling, just now, we literally don’t know. But what we do know are the questions that ought to be asked in response to his claims. And specifically, this: Is it really the case that the government has entrusted our privacy to the good judgment of private analysts? Are there really no code-based controls for assuring that specific surveillance is specifically justified? And what is the technology for assuring that rogues paid by our government can’t use data collected by our government for purposes that none within our government would openly and publicly defend?
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  • Because the fact is that there is technology that could be deployed that would give many the confidence that none of us now have. “Trust us” does not compute. But trust and verify, with high-quality encryption, could. And there are companies, such as Palantir, developing technologies that could give us, and more importantly, reviewing courts, a very high level of confidence that data collected or surveilled was not collected or used in an improper way. Think of it as a massive audit log, recording how and who used what data for what purpose. We could code the Net in a string of obvious ways to give us even better privacy, while also enabling better security. But we don’t, or haven’t, obviously. Maybe because of stupidity. How many congressmen could even describe how encryption works? Maybe because of cupidity. Who within our system can resist large and lucrative contracts to private companies, especially when bundled with generous campaign funding packages? Or maybe because the “permanent war” that Obama told us we were not in has actually convinced all within government that old ideas are dead and we just need to “get over it”—ideas like privacy, and due process, and fundamental proportionality. These ideas may be dead, for now. And they will stay dead, in the future. At least until we finally learn how liberty can live in the digital age. And here’s the hint: not through law alone, but through law that demands code that even the Electronic Frontier Foundation could trust.
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    As the most prominent among law professors concerned with online civil liberties and now specializing in government corruption, if Lawrence Lessig says there are technical solutions for protecting us from online government snooping, I'm all years. He directs attention to technology being developed by Palantir, http://www.palantir.com/
Paul Merrell

Shaking My Head - Medium - 0 views

  • Last month, at the request of the Department of Justice, the Courts approved changes to the obscure Rule 41 of the Federal Rules of Criminal Procedure, which governs search and seizure. By the nature of this obscure bureaucratic process, these rules become law unless Congress rejects the changes before December 1, 2016.Today I, along with my colleagues Senators Paul from Kentucky, Baldwin from Wisconsin, and Daines and Tester from Montana, am introducing the Stopping Mass Hacking (SMH) Act (bill, summary), a bill to protect millions of law-abiding Americans from a massive expansion of government hacking and surveillance. Join the conversation with #SMHact.
  • For law enforcement to conduct a remote electronic search, they generally need to plant malware in — i.e. hack — a device. These rule changes will allow the government to search millions of computers with the warrant of a single judge. To me, that’s clearly a policy change that’s outside the scope of an “administrative change,” and it is something that Congress should consider. An agency with the record of the Justice Department shouldn’t be able to wave its arms and grant itself entirely new powers.
  • These changes say that if law enforcement doesn’t know where an electronic device is located, a magistrate judge will now have the the authority to issue a warrant to remotely search the device, anywhere in the world. While it may be appropriate to address the issue of allowing a remote electronic search for a device at an unknown location, Congress needs to consider what protections must be in place to protect Americans’ digital security and privacy. This is a new and uncertain area of law, so there needs to be full and careful debate. The ACLU has a thorough discussion of the Fourth Amendment ramifications and the technological questions at issue with these kinds of searches.The second part of the change to Rule 41 would give a magistrate judge the authority to issue a single warrant that would authorize the search of an unlimited number — potentially thousands or millions — of devices, located anywhere in the world. These changes would dramatically expand the government’s hacking and surveillance authority. The American public should understand that these changes won’t just affect criminals: computer security experts and civil liberties advocates say the amendments would also dramatically expand the government’s ability to hack the electronic devices of law-abiding Americans if their devices were affected by a computer attack. Devices will be subject to search if their owners were victims of a botnet attack — so the government will be treating victims of hacking the same way they treat the perpetrators.
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  • As the Center on Democracy and Technology has noted, there are approximately 500 million computers that fall under this rule. The public doesn’t know nearly enough about how law enforcement executes these hacks, and what risks these types of searches will pose. By compromising the computer’s system, the search might leave it open to other attackers or damage the computer they are searching.Don’t take it from me that this will impact your security, read more from security researchers Steven Bellovin, Matt Blaze and Susan Landau.Finally, these changes to Rule 41 would also give some types of electronic searches different, weaker notification requirements than physical searches. Under this new Rule, they are only required to make “reasonable efforts” to notify people that their computers were searched. This raises the possibility of the FBI hacking into a cyber attack victim’s computer and not telling them about it until afterward, if at all.
Paul Merrell

MI6 gets off scot-free over rendition of suspected Islamists to Libya | World news | The Guardian - 0 views

  • So after more than four years of Scotland Yard investigations, and months of agonising within the Crown Prosecution Service, ministers and MI6 are getting off scot-free over the abduction and subsequent torture of two suspected Islamists. Abdel Hakim Belhaj and Sami al-Saadi were enemies of Muammar Gaddafi delivered to Tripoli, courtesy of MI6 and the CIA, in 2004 when Tony Blair’s government was cuddling up to the Libyan dictator. Gaddafi had promised to abandon his nuclear and chemical weapons programme and as a reward for British friendship – including the secret rendition of his opponents – he agreed to huge and lucrative oil deals for BP.
  • In one of the deepest ironies in the history of British intelligence, clear evidence of British involvement in the rendition of Belhaj, Saadi and their families to Tripoli’s jails emerged in 2001. They were spelled out in a letter from Sir Mark Allen, then head of MI6 counter-terrorism operations, to Moussa Koussa, Gaddafi’s intelligence chief, written in March 2004. In it, Allen trumpeted MI6’s role in the operation. The letter was found among documents in Moussa’s office destroyed by Nato bombs. Saadi accepted £2.2m compensation from the British government. Belhaj chose to fight on, demanding an apology. The supreme court is soon due to deliver judgment on his claim that Britain must take responsibility for his abduction. Lawyers for the government argue that British courts have no right to hear the case since the agents of foreign intelligence agencies – notably the CIA – were also involved in the operation. Eliza Manningham-Buller, then head of MI5 – MI6’s sister service responsible for British security as opposed to spying abroad – was so angry with what MI6 had been up to, that, as the Guardian reported last week, she fired off a letter to Blair complaining about it, saying its actions may have compromised the security and safety of MI5 officers and their informants. Such was her fury that she ejected MI6 staff from MI5’s headquarters, Thames House.
  • After the Allen letter came to light, Blair said he had “no recollection at all” of the Libyan rendition. Jack Straw, then foreign secretary responsible for MI6, told MPs in 2005 – a year after the Libyan abductions – that “there is simply no truth in the claims that the United Kingdom has been involved in rendition full stop.” After the Allen letter emerged, Straw said: “No foreign secretary can know all the details of what its intelligence agencies are doing at any one time.” Government officials have insisted that the operation was in response to “ministerially authorised government policy”. Sir Richard Dearlove, head of MI6 at the time, has said: “It was a political decision, having very significantly disarmed Libya, for the government to cooperate with Libya on Islamist terrorism.” Referring to MI6’s links with Gaddafi, Manningham-Buller has stated: “There are clearly questions to be answered about the various relationships that developed afterwards and whether the UK supped with a sufficiently long spoon.” Section 7 of the 1994 Intelligence Services Act, sometimes described as the “James Bond clause”, protects MI6 officers from prosecution for actions anywhere in the world that would otherwise be illegal. They would be protected as long as their actions were authorised in writing by the secretary of state.
Paul Merrell

Continuing violence in Israel forces Netanyahu to cancel German trip | World news | The Guardian - 0 views

  • Binyamin Netanyahu has cancelled a trip to Germany amid continuing violence between Palestinians and Israelis. A number of incidents on Wednesday scotched hopes the situation might be calming, after almost a week in which tensions have spiked amid clashes and lethal attacks. The postponement of Thursday’s summit, which was to mark 50 years of diplomatic ties between Israel and Germany, came as Netanyahu convened his top security advisers to discuss the worsening situation. Wednesday saw three separate serious incidents: in Jerusalem, outside Bethlehem, and in the southern Israeli city of Kiryat Gat, where a Palestinian reportedly stabbed an Israeli soldier and tried to take his weapon before fleeing into a building where he was shot dead.
  • Video footage showed armed police and soldiers running towards a building, and then in a room standing over a body lying in a pool of blood. According to police, the suspect had approached an armed Israel Defence Forces soldier after stepping off a bus and attempted to snatch his weapon. The Kiryat Gat incident will be especially worrying for Israelis, suggesting that the recent tensions – which had been largely confined to Jerusalem and the occupied territories – may be spreading to other parts of Israel. It followed clashes on Tuesday night at a demonstration in support of the al-Aqsa mosque in the seaside town of Jaffa by Israelis of Palestinian origin. The Kiryat Gat incident followed an alleged attempted stabbing by an 18-year-old Palestinian woman who was shot by an Israeli man during the incident, which took place in Jerusalem’s Old City, close to where two Israelis were stabbed to death at the weekend. In the third incident, a female Israeli settler’s car was stoned near Beit Sahour, which adjoins Bethlehem, and other settlers apparently fired on Palestinians, seriously injuring a youth. The settler attacked in her car said that a group of Palestinian youths had tried to pull her from the vehicle at the time the shooting took place. According to the Ma’an news agency, which interviewed locals, the youth who was shot was a student involved in the attack on the car. German government sources disclosed the cancellation of Netanyahu’s trip, which had already been heavily curtailed because of the situation in Israel and the occupied Palestinian territories. An Israeli official confirmed the cancellation. Elsewhere, clashes between Palestinian demonstrators and Israeli security forces across the West Bank led to dozens of injuries among Palestinians, according to the Palestinian Red Crescent.
Paul Merrell

FBI demands new powers to hack into computers and carry out surveillance | US news | The Guardian - 0 views

  • The FBI is attempting to persuade an obscure regulatory body in Washington to change its rules of engagement in order to seize significant new powers to hack into and carry out surveillance of computers throughout the US and around the world. Civil liberties groups warn that the proposed rule change amounts to a power grab by the agency that would ride roughshod over strict limits to searches and seizures laid out under the fourth amendment of the US constitution, as well as violate first amendment privacy rights. They have protested that the FBI is seeking to transform its cyber capabilities with minimal public debate and with no congressional oversight. The regulatory body to which the Department of Justice has applied to make the rule change, the advisory committee on criminal rules, will meet for the first time on November 5 to discuss the issue. The panel will be addressed by a slew of technology experts and privacy advocates concerned about the possible ramifications were the proposals allowed to go into effect next year.
  • “This is a giant step forward for the FBI’s operational capabilities, without any consideration of the policy implications. To be seeking these powers at a time of heightened international concern about US surveillance is an especially brazen and potentially dangerous move,” said Ahmed Ghappour, an expert in computer law at University of California, Hastings college of the law, who will be addressing next week’s hearing. The proposed operating changes related to rule 41 of the federal rules of criminal procedure, the terms under which the FBI is allowed to conduct searches under court-approved warrants. Under existing wording, warrants have to be highly focused on specific locations where suspected criminal activity is occurring and approved by judges located in that same district. But under the proposed amendment, a judge can issue a warrant that would allow the FBI to hack into any computer, no matter where it is located. The change is designed specifically to help federal investigators carry out surveillance on computers that have been “anonymized” – that is, their location has been hidden using tools such as Tor.
  • Were the amendment to be granted by the regulatory committee, the FBI would have the green light to unleash its capabilities – known as “network investigative techniques” – on computers across America and beyond. The techniques involve clandestinely installing malicious software, or malware, onto a computer that in turn allows federal agents effectively to control the machine, downloading all its digital contents, switching its camera or microphone on or off, and even taking over other computers in its network.
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  • Civil liberties and privacy groups are particularly alarmed that the FBI is seeking such a huge step up in its capabilities through such an apparently backdoor route. Soghoian said of next week’s meeting: “This should not be the first public forum for discussion of an issue of this magnitude.” Jennifer Granick, director of civil liberties at the Stanford center for internet and society, said that “this is an investigative technique that we haven’t seen before and we haven’t thrashed out the implications. It absolutely should not be done through a rule change – it has to be fully debated publicly, and Congress must be involved.” Ghappour has also highlighted the potential fall-out internationally were the amendment to be approved. Under current rules, there are no fourth amendment restrictions to US government surveillance activities in other countries as the US constitution only applies to domestic territory.
  • Another insight into the expansive thrust of US government thinking in terms of its cyber ambitions was gleaned recently in the prosecution of Ross Ulbricht, the alleged founder of the billion-dollar drug site the Silk Road. Experts suspect that the FBI hacked into the Silk Road server, that was located in Reykjavik, Iceland, though the agency denies that. In recent legal argument, US prosecutors claimed that even if they had hacked into the server without a warrant, it would have been justified as “a search of foreign property known to contain criminal evidence, for which a warrant was not necessary”.
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    This rule change has been in the works during the last year.  "The change is designed specifically to help federal investigators carry out surveillance on computers that have been "anonymized" - that is, their location has been hidden using tools such as Tor."  Are we dizzy yet? The State Department is pushing the use of TOR by dissidents in nations whose governments State and the CIA intends to overthrow. Meanwhile, Feed Bag, Inc. wants use of TOR to be sufficient grounds for installing malware on anyone using it to make their systems and all their systems can see or hear be an open book. Let's see. There's the First Amendment right to anonymous speech just to begin with. McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995). ("Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation-and their ideas from suppression-at the hand of an intolerant society. The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences, and, in general, our society accords greater weight to the value of free speech than to the dangers of its misuse.") (Internal citation omitted.) And of course there's the Natural Law liberty to whisper, to utter words in a way that none but the intended recipient can hear. So throw on the violation of the Fifth Amendment's Liberty clause. Then there's the plain language of the Fourth Amendment warrant clause, "particularly describing the *place* to be searched." Not to mention the major reason for the Fourth Amendment, to abolish the "general warrant" that had enabled the Crown to search wherever the warrant's executor's little heart desired.  And th
Paul Merrell

Paris attacks: David Cameron to discuss greater spying powers with UK security chiefs as calls to revive 'snooper's charter' grow - UK Politics - UK - The Independent - 0 views

  • Print Your friend's email address Your email address Note: We do not store your email address(es) but your IP address will be logged to prevent abuse of this feature. Please read our Legal Terms & Policies A A A Email David Cameron is to meet with UK security chiefs on Monday to discuss whether Britain will give greater powers to its police and spies in the wake of the Paris terror attacks. The Prime Minister said there were “things to learn” from the wave of violence that saw 17 killed across northern France from Wednesday to Friday – and he has faced pressure to revive the so-called “snooper’s charter” that would make it easier for GCHQ to monitor online communications. The head of MI5, Andrew Parker, has warned that a group of al-Qaeda terrorists in Syria is planning “mass casualty attacks” against Western targets, while former Royal Navy chief Lord West called for more money to be budgeted to the security service.
  • David Cameron is to meet with UK security chiefs on Monday to discuss whether Britain will give greater powers to its police and spies in the wake of the Paris terror attacks. The Prime Minister said there were “things to learn” from the wave of violence that saw 17 killed across northern France from Wednesday to Friday – and he has faced pressure to revive the so-called “snooper’s charter” that would make it easier for GCHQ to monitor online communications. The head of MI5, Andrew Parker, has warned that a group of al-Qaeda terrorists in Syria is planning “mass casualty attacks” against Western targets, while former Royal Navy chief Lord West called for more money to be budgeted to the security service.
  • In a broadcast interview ahead of his appearance at the unity march in Paris today, Mr Cameron said: “It's important to look at what happened in France and think through those scenarios and other scenarios like them: how we'd respond, how well prepared we are.
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  • The Lib Dem leader Nick Clegg, who also attended the London demonstration, was criticised by Lord West for blocking the “snooper’s charter” in his capacity as deputy Prime Minister. “I think we need to make sure that we don't lose powers,” Lord West said. “The Communications Data Bill was there to ensure we kept capabilities we had which are beginning to disappear. I think that needs to go through.
  • “I'll be meeting with security and intelligence chiefs on Monday morning to once again go through all of those questions and to make sure we do everything we can to in order to ensure we're as well prepared as we can be to deal with this threat. “It's a threat that has been with us for many years and I believe will be with us for many years to come.” Speaking to Sky News from a demonstration in support of Paris at Trafalgar Square, the Mayor of London Boris Johnson said: “I’m not interested in this civil liberties stuff. If they’re a threat, I want their emails and calls listened to.”
  • “I was very irked that it was removed by the deputy prime minister when it had all been agreed across all parties. That needs to be pushed through.”
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    Let's remember that the lid came off NATO's use of staged false flag terrorist attacks in Europe several years ago. E.g., https://www.youtube.com/watch?v=k83L3I6Z35w
Paul Merrell

Cooperation between British spies and Gaddafi's Libya revealed in official papers | UK news | The Guardian - 0 views

  • Britain’s intelligence agencies engaged in a series of previously unknown joint operations with Colonel Muammar Gaddafi’s government and used the information extracted from rendition victims as evidence during partially secret court proceedings in London, according to an analysis of official documents recovered in Tripoli since the Libyan revolution. The exhaustive study of the papers from the Libyan government archives shows the links between MI5, MI6 and Gaddafi’s security agencies were far more extensive than previously thought and involved a number of joint operations in which Libyan dissidents were unlawfully detained and allegedly tortured. At one point, Libyan intelligence agents were invited to operate on British soil, where they worked alongside MI5 and allegedly intimidated a number of Gaddafi opponents who had been granted asylum in the UK.
  • the research suggests that the fruits of a series of joint clandestine operations also underpinned a significant number of court hearings in London between 2002 and 2007, during which the last Labour government unsuccessfully sought to deport Gaddafi’s opponents on the basis of information extracted from people who had been “rendered” to his jails. In addition, the documents show that four men were subjected to control orders in the UK – a form of curfew – on the basis of information extracted from victims of rendition who had been handed over to the Gaddafi regime.
  • Gaddafi’s agents recorded MI5 as warning in September 2006 that the two countries’ agencies should take steps to ensure that their joint operations would never be “discovered by lawyers or human rights organisations and the media”. In fact, papers that detail the joint UK-Libyan rendition operations were discovered by the New York-based NGO Human Rights Watch in September 2011, at the height of the Libyan revolution, in an abandoned government office building in Tripoli. Since then, hundreds more documents have been discovered in government files in Tripoli. A team of London-based lawyers has assembled them into an archive that is forming the basis of a claim for damages on behalf of 12 men who were allegedly kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained and mistreated.
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  • The papers recovered from the dictatorship’s archives include secret correspondence from MI6, MI5 reports on Libyans living in the UK, a British intelligence assessment marked “UK/Libya Eyes Only – Secret” and official Libyan minutes of meetings between the two countries’ intelligence agencies.
  • An attempt by government lawyers to have that claim struck out was rejected by the high court in London on Thursday , with the judge, Mr Justice Irwin, ruling that the allegations “are of real potential public concern” and should be heard and dealt with by the courts.
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