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Paul Merrell

As U.S. Weighs Spying Changes, Officials Say Data Sweeps Must Continue - NYTimes.com - 0 views

www.nytimes.com/...data-sweeps-must-continue.html

surveillance state Obama legislation NSC comedy

shared by Paul Merrell on 17 Nov 13 - No Cached
  • WASHINGTON — The Obama administration has told allies and lawmakers it is considering reining in a variety of National Security Agency practices overseas, including holding White House reviews of the world leaders the agency is monitoring, forging a new accord with Germany for a closer intelligence relationship and minimizing collection on some foreigners.
  • But for now, President Obama and his top advisers have concluded that there is no workable alternative to the bulk collection of huge quantities of “metadata,” including records of all telephone calls made inside the United States. Instead, the administration has hinted it may hold that information for only three years instead of five while it seeks new technologies that would permit it to search the records of telephone and Internet companies, rather than collect the data in bulk in government computers. Gen. Keith B. Alexander, the director of the N.S.A., has told industry officials that developing the new technology would take at least three years.
  • A spokeswoman for the National Security Council, Caitlin M. Hayden, said Monday that the reviews now underway are intended to assure “that we are more effectively weighing the risks and rewards of our activities.” That includes, she said, “ensuring that we are focused above all on threats to the American people.”
  • Paul Merrell on 17 Nov 13
     
    "ensuring that we are focused above all on threats to the American people."" Err ... Shouldn't that be "ensuring that we are focused above all on threats to the American people's liberties"? No recognition there that the biggest relevant threat to the American people is our own federal government. 
Paul Merrell

Obama Issues Threats To Russia And NATO -- Paul Craig Roberts - PaulCraigRoberts.org - 0 views

www.paulcraigroberts.org/...russia-nato-paul-craig-roberts

surveillance state EU USTR WTO Russia reserve currrencies NATO

shared by Paul Merrell on 08 Apr 14 - No Cached
  • The Obama regime has issued simultaneous threats to the enemy it is making out of Russia and to its European NATO allies on which Washington is relying to support sanctions on Russia. This cannot end well. As even Americans living in a controlled media environment are aware, Europeans, South Americans, and Chinese are infuriated that the National Stasi Agency is spying on their communications. NSA’s affront to legality, the US Constitution, and international diplomatic norms is unprecedented. Yet, the spying continues, while Congress sits sucking its thumb and betraying its oath to defend the Constitution of the United States. In Washington mumbo-jumbo from the executive branch about “national security” suffices to negate statutory law and Constitutional requirements. Western Europe, seeing that the White House, Congress and the Federal Courts are impotent and unable to rein-in the Stasi Police State, has decided to create a European communication system that excludes US companies in order to protect the privacy of European citizens and government communications from the Washington Stasi.
  • The Obama regime, desperate that no individual and no country escape its spy net, denounced Western Europe’s intention to protect the privacy of its communications as “a violation of trade laws.” Obama’s US Trade Representative, who has been negotiating secret “trade agreements” in Europe and Asia that give US corporations immunity to the laws of all countries that sign the agreements, has threatened WTO penalties if Europe’s communications network excludes the US companies that serve as spies for NSA. Washington in all its arrogance has told its most necessary allies that if you don’t let us spy on you, we will use WTO to penalize you. So there you have it. The rest of the world now has the best possible reason to exit the WTO and to avoid the Trans-Pacific and Trans-Atlantic “trade agreements.” The agreements are not about trade. The purpose of these “trade agreements” is to establish the hegemony of Washington and US corporations over other countries. In an arrogant demonstration of Washington’s power over Europe, the US Trade Representative warned Washington’s NATO allies: “US Trade Representative will be carefully monitoring the development of any such proposals” to create a separate European communication network. http://rt.com/news/us-europe-nsa-snowden-549/ Washington is relying on the Chancellor of Germany, the President of France, and the Prime Minister of the UK to place service to Washington above their countries’ communications privacy.
  • It has dawned on the Russian government that being a part of the American dollar system means that Russia is open to being looted by Western banks and corporations or by individuals financed by them, that the ruble is vulnerable to being driven down by speculators in the foreign exchange market and by capital outflows, and that dependence on the American international payments system exposes Russia to arbitrary sanctions imposed by the “exceptional and indispensable country.” Why it took the Russian government so long to realize that the dollar payments system puts countries under Washington’s thumb is puzzling.
  • ...2 more annotations...
  • Now that the Russian government understands that Russia must depart the dollar system in order to protect Russian sovereignty, President Putin has entered into barter/ruble oil deals with China and Iran. However, Washington objects to Russia abandoning the dollar international payment system. Zero Hedge, a more reliable news source than the US print and TV media, reports that Washington has conveyed to both Russia and Iran that a non-dollar oil deal would trigger US sanctions. http://www.zerohedge.com/news/2014-04-04/us-threatens-russia-sanctions-over-petrodollar-busting-deal Washington’s objection to the Russian/Iranian deal made it clear to all governments that Washington uses the dollar-based international payments system as a means of control. Why should countries accept an international payments system that infringes their sovereignty? What would happen if instead of passively accepting the dollar as the means of international payment, countries simply left the dollar system? The value of the dollar would fall and so would Washington’s power. Without the power that the dollar’s role as world reserve currency gives the US to pay its bills by printing money, the US could not maintain its aggressive military posture or its payoffs to foreign governments to do its bidding. Washington would be just another failed empire, whose population can barely make ends meet, while the One Percent who comprise the mega-rich compete with 200-foot yachts and $750,000 fountain pins. The aristocracy and the serfs. That is what America has already become. A throwback to the feudal era. It is only a matter of time before it is universally recognized that the US is a failed state. Let’s pray this recognition occurs before the arrogant inhabitants of Washington blow up the world in pursuit of hegemony over others.
  • Washington’s provocative military moves against Russia are reckless and dangerous. The buildup of NATO air, ground, and naval forces on Russia’s borders in violation of the 1997 NATO-Russian treaty and the Montreux Convention naturally strike the Russian government as suspicious, especially as the buildups are justified on the basis of lies that Russia is about to invade Poland, the Baltic States, and Moldova in addition to Ukraine. These lies are transparent. The Russian Foreign Minister Sergey Lavrov has asked NATO for an explanation, stating: “We are not only expecting answers, but answers that will be based fully on respect for the rules we agreed on.” http://rt.com/news/lavrov-ukraine-nato-convention-069/ Anders Fogh Rasmussen, Washington’s puppet installed as NATO figurehead who is no more in charge of NATO than I am, responded in a way guaranteed to raise Russian anxieties. Rasmussen dismissed the Russian Foreign Minister’s request for explanation as “propaganda and disinformation.” Clearly, what we are experiencing are rising tensions caused by Washington and NATO. These tensions are in addition to the tensions arising from Washington’s coup in Ukraine. These reckless and dangerous actions have destroyed the Russian government’s trust in the West and are moving the world toward war. Little did the protesters in Kiev, called into the streets by Washington’s NGOs, realize that their foolishness was setting the world on a path to armageddon.
Paul Merrell

5 Things You Need to Know About Obama's NSA Proposal | Mother Jones - 0 views

www.motherjones.com/...orm-obama-plan-bulk-collection

surveillance state Obama NSA-reform Obama-proposal

shared by Paul Merrell on 02 Apr 14 - No Cached
  • Here are five more things you need to know about the President's proposal:  1. It only addresses the bulk collection of phone records. 
  • 2. Phone companies aren't too psyched about Obama's plan, so the administration might compensate them. 
  • 3. The plan is still missing a lot of key details. 
  • ...2 more annotations...
  • 4. Obama could end the program now if he wanted to, but he's waiting for Congress to act.
  • 5. There are competing bills to end the program. Privacy advocates hate one of them. 
Paul Merrell

Tomgram: Engelhardt, The Bermuda Triangle of National Security | TomDispatch - 0 views

www.tomdispatch.com/..._triangle_of_national_security

secret-government national-security-state post-constitutional-America

shared by Paul Merrell on 10 Apr 14 - No Cached
  • As with a magician, sometimes you have to look where he isn’t pointing to catch sight of reality.  With that in mind, I’d like to nominate British journalist Patrick Cockburn for a prize.  In the midst of the recent headlines, in the most important article no one noticed, he pointed out something genuinely unnerving about our world.
  • Yes, we’re all aware that the U.S. invasion of Iraq didn’t exactly work out as planned and that Afghanistan has been a nearly 13-year disaster, even though the U.S. faced the most ragtag of minority insurgencies in both places.  What, however, about the monumental struggle that used to be called the Global War on Terror?  After all, we got Osama bin Laden.  It took a while, but SEAL Team 6 shot him down in his hideout in Pakistan.  And for years, thanks to the CIA’s drone assassination campaigns in the Pakistani tribal borderlands, Yemen, and Somalia (as well as a full scale hunter-killer operation in Iraq while we were still occupying that country), we’ve been told that endless key al-Qaeda “lieutenants” have been sent to their deaths and that al-Qaeda in Afghanistan has been reduced to 50-100 members. Yet Cockburn concludes: “Twelve years after the ‘war on terror’ was launched it has visibly failed and al-Qaeda-type jihadis, once confined to a few camps in Afghanistan, today rule whole provinces in the heart of the Middle East.”  Look across that region today and from Pakistan to Libya, you see the rise, not the fall, of jihadis of every type.  In Syria and parts of Iraq, groups that have associated themselves with al-Qaeda now have a controlling military presence in territories the size of, as Cockburn points out, Great Britain.  He calls al-Qaeda’s recent rise as the jihadi brand name of choice and the failure of the U.S. campaign against it “perhaps the most extraordinary development of the 21st century.”  And that, unlike the claims we've been hearing at the top of the news for weeks now, might not be an exaggeration.
  • Looked at another way, despite what had just happened to the Pentagon and those towers in New York, on September 12, 2001, the globe’s “sole superpower” had remarkably few enemies.  Small numbers of jihadis scattered mostly in the backlands of the planet and centered in an impoverished, decimated country -- Afghanistan -- with the most retro regime on Earth.  There were, in addition, three rickety “rogue states” (North Korea, Iraq, and Iran) singled out for enemy status but incapable of harming the U.S., and that was that. The world, as Dick Cheney & Co. took for granted, looked ready to be dominated by the only (angry) hyperpower left after centuries of imperial rivalry.  The U.S. military, its technological capability unrivaled by any state or possible grouping of states, was to be let loose to bring the Greater Middle East to heel in a decisive way.  Between that regular military and para-militarizing intelligence agencies, the planet was to be scoured of enemies, the “swamp drained” in up to 60 countries.  The result would be a Pax Americana in the Middle East, and perhaps even globally, into the distant future.  It was to be legendary.  And no method -- not torture, abuse, kidnapping, the creation of “black sites,” detention without charges, assassination, the creation of secret law, or surveillance on a previously unimaginable scale -- was to be left out of the toolkit used to birth this new all-American planet.  The “gloves” were to be taken off in a big way.
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  • Thirteen years later, those plans, those dreams are down the drain.  The Greater Middle East is in chaos.  The U.S. seems incapable of intervening in a meaningful way just about anywhere on Earth despite the fact that its military remains unchallenged on a global level.  It’s little short of mind-blowing.  And it couldn’t have been more unexpected for those in power in Washington and perhaps for Americans generally.  This is perhaps why, despite changing American attitudes on interventions and future involvement abroad, it’s been so hard to take in, so little focused upon here -- even in the bogus, politicized discussions of American “strength” and “weakness” which circle around the latest Russian events, as they had previously around the crises in Iran and Syria. Somehow, with what in any age would have seemed like a classic winning hand, Washington never put a card on that “table” (on which all “options” were always being kept open) that wasn’t trumped.  Events in Ukraine and the Crimea seem to be part of this. The Chinese had an evocative phrase for times of dynastic collapse: “chaos under heaven.”  Moments when it seems as if the planet itself is shifting on its axis don’t come often, but they may indeed feel like chaos under heaven -- an increasingly apt phrase for a world in which no country seems to exert much control, tensions are rising in hard to identify ways, and the very climate, the very habitability of the planet is increasingly at risk.
  • Paul Merrell on 10 Apr 14
     
    Incrediby perceptive essay by Tom Engelhardt on the state of the national security state.
Paul Merrell

EXCLUSIVE: Edward Snowden Explains Why Apple Should Continue To Fight the Government on Encryption - 0 views

firstlook.org/...ryption-just-doesnt-make-sense

surveillance state encryption Apple Google Snowden Comey back-door-debate

shared by Paul Merrell on 03 Aug 15 - No Cached
  • As the Obama administration campaign to stop the commercialization of strong encryption heats up, National Security Agency whistleblower Edward Snowden is firing back on behalf of the companies like Apple and Google that are finding themselves under attack. “Technologists and companies working to protect ordinary citizens should be applauded, not sued or prosecuted,” Snowden wrote in an email through his lawyer. Snowden was asked by The Intercept to respond to the contentious suggestion — made Thursday on a blog that frequently promotes the interests of the national security establishment — that companies like Apple and Google might in certain cases be found legally liable for providing material aid to a terrorist organization because they provide encryption services to their users.
  • In his email, Snowden explained how law enforcement officials who are demanding that U.S. companies build some sort of window into unbreakable end-to-end encryption — he calls that an “insecurity mandate” — haven’t thought things through. “The central problem with insecurity mandates has never been addressed by its proponents: if one government can demand access to private communications, all governments can,” Snowden wrote. “No matter how good the reason, if the U.S. sets the precedent that Apple has to compromise the security of a customer in response to a piece of government paper, what can they do when the government is China and the customer is the Dalai Lama?”
  • Weakened encryption would only drive people away from the American technology industry, Snowden wrote. “Putting the most important driver of our economy in a position where they have to deal with the devil or lose access to international markets is public policy that makes us less competitive and less safe.”
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  • FBI Director James Comey and others have repeatedly stated that law enforcement is “going dark” when it comes to the ability to track bad actors’ communications because of end-to-end encrypted messages, which can only be deciphered by the sender and the receiver. They have never provided evidence for that, however, and have put forth no technologically realistic alternative. Meanwhile, Apple and Google are currently rolling out user-friendly end-to-end encryption for their customers, many of whom have demanded greater privacy protections — especially following Snowden’s disclosures.
Paul Merrell

MULLEN: Obama says Snowden no patriot. How would Ben Franklin's leak be treated today? - Washington Times - 1 views

www.washingtontimes.com/...nowden-no-patriot-ben-franklin

surveillance state NSA Snowden amnesty

shared by Paul Merrell on 06 Jan 14 - No Cached
  • President Obama declared Friday that NSA whistleblower Edward Snowden is not a patriot. Snowden has secured asylum in Russia after leaking widespread collection of phone, e-mail and web browsing data of millions of Americans by the NSA.Obama now claims that he had already instructed the intelligence community to “make public as much information about these programs as possible.” He says that those who do the spying to protect America and its allies are the patriots.
  • “They’re patriots. And I believe that those who have lawfully raised their voices on behalf of civil liberties are also patriots who love our country,” the president said.But not Edward Snowden.It is true that Edward Snowden likely broke the law in revealing “classified” information. But how would the Founding Father’s view it?
Paul Merrell

A Coalition in Which Some Do More Than Others to Fight ISIS - The New York Times - 0 views

www.nytimes.com/...than-others-to-fight-isis.html

war & peace Syria ISIL U.S.-foreign-policy coalition-of-the-unwilling

shared by Paul Merrell on 01 Dec 15 - No Cached
  • “We have mobilized 65 countries to go after ISIL,” Mr. Obama told reporters while on a trip to Turkey, using an acronym for the group. “The United States has built and led a broad coalition against ISIL of some 65 nations,” he said several days later.“The United States, France and our coalition of some 65 nations have been united in one mission — to destroy these ISIL terrorists,” he added a few days after that.The president has sought to evoke the sort of grand coalition the United States led in World War II. But when it comes to the war part of the war against the Islamic State, the 65-member coalition begins to shrink rapidly down to a coalition of just a handful.
  • As of Nov. 19, the United States had conducted 6,471 of the 8,289 airstrikes against the Islamic State, according to the Pentagon. American warplanes carried out about two-thirds of the strikes on Iraqi territory and 95 percent of those on Syrian territory. Australia, Canada, France and Jordan have conducted strikes in both countries. Belgium, Denmark, the Netherlands and Britain have participated just in Iraq, while Bahrain, Saudi Arabia, Turkey and the United Arab Emirates have participated just in Syria.That leaves more than 50 other coalition members that have never been directly involved in the air campaign. Some early participants, like Saudi Arabia, Bahrain, Jordan and the U.A.E., have not conducted a strike in months. While France has stepped up its strikes since the Paris attacks, Canada’s new prime minister is sticking to his vow to pull its six CF-18 fighter jets out of the bombing campaign, although Canadian surveillance and refueling aircraft may stay with the mission.
  • The Obama administration considers just 24 of the countries to be part of the core group that meets quarterly. The Italians are training Iraqi police officers, the Germans and Emiratis are working with 20 countries to stabilize war-torn areas, and 18 countries are training Iraqi and Kurdish military.But many others seem included in the membership rolls because they have adopted policies protecting their own security. Countries like Kuwait and Tunisia have broken up Islamist cells. Sweden is speeding up legislation to curb the abuse of Swedish passports and to criminalize foreign fighters. Albania approved a national strategy to combat violent extremism. Other members include Luxembourg, Montenegro, Iceland, Taiwan, Singapore, Bosnia and Herzegovina, Latvia, and Kosovo.
  • ...1 more annotation...
  • One reason Mr. Obama has emphasized the size of the coalition lately has been to isolate Russia, which has begun its own military operations in Syria, independent of the United States and its allies, to bolster the government of President Bashar al-Assad.“We’ve got a coalition of 65 countries who’ve been active in pushing back against ISIL for quite some time,” Mr. Obama said last week. “Russia right now is a coalition of two — Iran and Russia, supporting Assad.”At a briefing this month, John Kirby, the State Department spokesman, defended the coalition when a reporter suggested Russia was doing more than many members.“It’s a coalition of the willing, which means every nation has to be willing to contribute what they can,” Mr. Kirby said. Not everyone can conduct airstrikes, he added, “but that doesn’t mean that other nations’ contributions aren’t important.”
Paul Merrell

Federal Judge Finds National Security Letters Unconstitutional, Bans Them | Threat Level | Wired.com - 0 views

www.wired.com/...nsl-found-unconstitutional

surveillance state NLS gag orders 1st Amendment constitutional law

shared by Paul Merrell on 16 Mar 13 - No Cached
  • Ultra-secret national security letters that come with a gag order on the recipient are an unconstitutional impingement on free speech, a federal judge in California ruled in a decision released Friday. U.S. District Judge Susan Illston ordered the government to stop issuing so-called NSLs across the board, in a stunning defeat for the Obama administration’s surveillance practices. She also ordered the government to cease enforcing the gag provision in any other cases. However, she stayed her order for 90 days to give the government a chance to appeal to the Ninth Circuit Court of Appeals.
  • “We are very pleased that the Court recognized the fatal constitutional shortcomings of the NSL statute,” said Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed a challenge to NSLs on behalf of an unknown telecom that received an NSL in 2011. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.” The telecommunications company received the ultra-secret demand letter in 2011 from the FBI seeking information about a customer or customers. The company took the extraordinary and rare step of challenging the underlying authority of the National Security Letter, as well as the legitimacy of the gag order that came with it.
  • Illston found that although the government made a strong argument for prohibiting the recipients of NSLs from disclosing to the target of an investigation or the public the specific information being sought by an NSL, the government did not provide compelling argument that the mere fact of disclosing that an NSL was received harmed national security interests. A blanket prohibition on disclosure, she found, was overly broad and “creates too large a danger that speech is being unnecessarily restricted.” She noted that 97 percent of the more than 200,000 NSLs that have been issued by the government were issued with nondisclosure orders.
  • ...2 more annotations...
  • Both challenges are allowed under a federal law that governs NSLs, a power greatly expanded under the Patriot Act that allows the government to get detailed information on Americans’ finances and communications without oversight from a judge. The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them — though almost none of the requests have been challenged by the recipients. After the telecom challenged the NSL, the Justice Department took its own extraordinary measure and sued the company, arguing in court documents that the company was violating the law by challenging its authority. The move stunned EFF at the time.
  • NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more. NSLs are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have even received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has to merely assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
Paul Merrell

Eric Holder Refuses To Answer When Asked If Obama Admin Is Spying On Congress Wake Up America! - YouTube - 0 views

www.youtube.com/watch

security state NSA digital surveillance Holder

shared by Paul Merrell on 11 Jun 13 - No Cached
  • Paul Merrell on 11 Jun 13
     
    Eric Holder refuses to answer under oath in a public Congressional hearing whether Congressional communications are being surveilled. 
Paul Merrell

NSA lexicon: How James Clapper and other U.S. officials mislead the American public without lying. - Slate Magazine - 0 views

www.slate.com/...ials_mislead_the_american.html

surveillance state NSA Obama Clapper lies lexicon

shared by Paul Merrell on 06 Sep 13 - No Cached
  • James Clapper, the director of national intelligence, has been harshly criticized for having misled Congress earlier this year about the scope of the National Security Agency’s surveillance activities. The criticism is entirely justified. An equally insidious threat to the integrity of our national debate, however, comes not from officials’ outright lies but from the language they use to tell the truth. When it comes to discussing government surveillance, U.S. intelligence officials have been using a vocabulary of misdirection—a language that allows them to say one thing while meaning quite another. The assignment of unconventional meanings to conventional words allows officials to imply that the NSA’s activities are narrow and closely supervised, though neither of those things is true. What follows is a lexicon for decoding the true meaning of what NSA officials say.
  • Paul Merrell on 06 Sep 13
     
    So obviously we need web browser extensions that highlight the abused words and link each to a mouse-over pop-out definition.  I'm reminded that several years ago, U.S. District Court Judge James  Redden ruled that a federal agency environmental impact was invalid because it was not written in plain language. Unfortunately, the federal regulation establishing that requirement applies only to environmental impact statements. http://www.law.cornell.edu/cfr/text/40/1502.8  
Paul Merrell

Britain Detains the Partner of a Reporter Tied to Leaks - NYTimes.com - 0 views

www.nytimes.com/...of-reporter-tied-to-leaks.html

surveillance state Greenwald Miranda-detention border-search-&-seizure thumbdrive Snowden British-Terrorism-Act

shared by Paul Merrell on 19 Aug 13 - No Cached
  • The partner of Glenn Greenwald, the journalist for The Guardian who has been publishing information leaked by the former National Security Agency contractor Edward J. Snowden, was detained for nine hours by the British authorities under a counterterrorism law while on a stop in London’s Heathrow Airport during a trip from Germany to Brazil, Mr. Greenwald said Sunday.
  • Mr. Greenwald’s partner, David Michael Miranda, 28, is a citizen of Brazil. He had spent the previous week in Berlin visiting Laura Poitras, a documentary filmmaker who has also been helping to disseminate Mr. Snowden’s leaks, to assist Mr. Greenwald. The Guardian had paid for the trip, Mr. Greenwald said, and Mr. Miranda was on his way home to Rio de Janeiro.
  • The Guardian published a report on Mr. Miranda’s detainment on Sunday afternoon. Mr. Greenwald said someone who identified himself as a security official from Heathrow Airport called him early on Sunday and informed him that Mr. Miranda had been detained, at that point for three hours. The British authorities, he said, told Mr. Miranda that they would obtain permission from a judge to arrest him for 48 hours, but he was released at the end of the nine hours, around 1 p.m. Eastern time. Mr. Miranda was in Berlin to deliver documents related to Mr. Greenwald’s investigation into government surveillance to Ms. Poitras, Mr. Greenwald said. Ms. Poitras, in turn, gave Mr. Miranda different documents to pass to Mr. Greenwald. Those documents, which were stored on encrypted thumb drives, were confiscated by airport security, Mr. Greenwald said. All of the documents came from the trove of materials provided to the two journalists by Mr. Snowden. The British authorities seized all of his electronic media — including video games, DVDs and data storage devices — and did not return them, Mr. Greenwald said.
  • Paul Merrell on 19 Aug 13
     
    My comments mighty be longer than Diigo allows from the client sidee so I will place them in in a comment following this post. However, do not miss the companion article in The Guardian, at  
  • Paul Merrell on 19 Aug 13
     
    Note that when detained, Mr. Miranda was acting in the role of a courier transporting documents on a thumb drive between two of the lead reporters working on the NSA scandal for The Guardian. The police kept the thumb drive and all other electronic devices Mr. Miranda carried, presumably to study their data stores.  Perhaps even more to the point, this was the seizure of leaked NSA documents and reporters' notes about them. I do not know about the UK law on the subject, but the shame of it is that it would be lawful accordng to the U.S. Supreme Court for U.S. Customs officials to do the same thing had Mr. Miranda arrived at an American international airport. Most Americans would be shocked to learn how many of their cherished Constitutional rights disappear at a port or entry or when crossing a border into the U.S. and when traveling within a 100-mile distance from a U.S. border on the U.S. side. But the particular detention of Mr. Miranda and seizure of the reporter's research and NSA document copies was sure from the outset to cause a major media stir. It has also provoked a strong diplomatic protest from Brazil This incident has already provoked not only a strong diplomatic protest from Brazil, but also in the UK, "Labour MP Tom Watson said he was shocked at the news and called for it to be made clear if any ministers were involved in authorising the detention." Also note in The Guardian article that the police were acting under authority of the draconian British Terrorism Act, which does not limit its application to those who are not suspected of being a terrorist. That UK government was willing to endure a public whipping by the media testifies loudly to the desperation of spy agencies - in the U.K., U.S., Australia, New Zealand, Canada, and Israel intelligence alliance - to learn what documents Snowden leaked to Glenn Greenwald and the Washington Post so they have a clue about: [i] what hammer blows will hit them in the future so they can get out i
  • Paul Merrell on 19 Aug 13
     
    I see that I forgot to paste the link to the companion article in The Guardian. Here 'tis. http://www.theguardian.com/world/2013/aug/18/glenn-greenwald-guardian-partner-detained-heathrow
Paul Merrell

Faced With The Security State, Groklaw Opts Out | Popehat - 0 views

www.popehat.com/...ecurity-state-groklaw-opts-out

surveillance state NSA NSA-blowback Groklaw

shared by Paul Merrell on 21 Aug 13 - No Cached
  • For ten years Pamela Jones has run Groklaw, a site collecting, discussing, and explaining legal developments of interest to the open-source software community. Her efforts have, justifiably, won many awards. She's done now.
  • That's not why she's stopping. Pamela Jones is ending Groklaw because she can't trust her government. She's ending it because, in the post-9/11 era, there's no viable and reliable way to assure that our email won't be read by the state — because she can't confidently communicate privately with her readers and tipsters and subjects and friends and family.
  • In making this choice, Jones echoes the words of Lavar Levison, who shut down his encrypted email service Lavabit. Levison said he was doing so rather than "become complicit in crimes against the American people": “I’m taking a break from email,” said Levison. “If you knew what I know about email, you might not use it either.” Lavabit was joined by encryption provider Silent Circle:
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  • The extent of NSA surveillance is unknown, but what little we see is deeply unsettling. What our government says about it can't be believed; the government uses deliberately misleading language or outright lies about the scope of surveillance. So I don't blame Pamela Jones or question her decision. It's not the only way. I don't think it's my way, yet — though I am having some very concerned conversations about whether it's safe, or even ethical, to have confidential attorney-client communications by email.
  • I hope that Pamela's decision will arouse the interest, or attention, or outrage, of a few more people, who will in turn talk and write and advocate to get more people involved. Groklaw was a great resource; citizens will care that it's gone. (The government and its minions won't.) Pamela's choice will likely be met with the usual arguments: the government doesn't care about your emails. If you have nothing to hide you have nothing to worry about. This is about protecting us from terrorist attacks, not about snooping into Americans' communications. Don't you remember 9/11? I tire of responding to those. Let me offer one response that applies to all of them: I don't trust my government, I don't trust the people who work for my government, and I believe that the evidence suggests that it's irrational to offer such trust.
Paul Merrell

Testosterone Pit - Home - NSA Revelations Kill IBM Hardware Sales in China - 0 views

www.testosteronepit.com/...m-hardware-sales-in-china.html

surveillance state NSA IBM NSA-blowback NSA-targets hardware hardware-backdoors

shared by Paul Merrell on 18 Oct 13 - No Cached
  • The first shot was fired on Monday. Teradata, which sells analytics tools for Big Data, warned that quarterly revenues plunged 21% in Asia and 19% in the Middle East and Africa. Wednesday evening, it was IBM’s turn to confess that its hardware sales in China had simply collapsed. Every word was colored by Edward Snowden’s revelations about the NSA’s hand-in-glove collaboration with American tech companies, from startups to mastodons like IBM.
  • The explanation is more obvious. In mid-August, an anonymous source told the Shanghai Securities News, a branch of the state-owned Xinhua News Agency, which reports directly to the Propaganda and Public Information Departments of the Communist Party, that IBM, along with Oracle and EMC, have become targets of the Ministry of Public Security and the cabinet-level Development Research Centre due to the Snowden revelations. “At present, thanks to their technological superiority, many of our core information technology systems are basically dominated by foreign hardware and software firms, but the Prism scandal implies security problems,” the source said, according to Reuters. So the government would launch an investigation into these security problems, the source said. Absolute stonewalling ensued. IBM told Reuters that it was unable to comment. Oracle and EMC weren’t available for comment. The Ministry of Public Security refused to comment. The Development Research Centre knew nothing of any such investigation. The Ministry of Industry and Information Technology “could not confirm anything because of the matter’s sensitivity.”
  • I’d warned about its impact at the time [read.... US Tech Companies Raked Over The Coals In China]. Snowden’s revelations started hitting in May. Not much later, the Chinese security apparatus must have alerted IT buyers in government agencies, state-owned enterprises, and major independent corporations to turn off the order pipeline for sensitive products until this is sorted out. As Mr. Loughridge’s efforts have shown, it’s hard to explain any other way that hardware sales suddenly collapsed by “40%, 50%” in China, where they’d boomed until then. This is the first quantitative indication of the price Corporate America has to pay for gorging at the big trough of the US Intelligence Community, and particularly the NSA with its endlessly ballooning budget. For once, there is a price to be paid, if only temporarily, for helping build a perfect, seamless, borderless surveillance society. The companies will deny it. At the same time, they’ll be looking for solutions. China, Russia, and Brazil are too important to just get kicked out of – and other countries might follow suit. In September, IBM announced that it would throw another billion at Linux, the open-source operating system, to run its Power System servers – the same that China had stopped buying. It seems IBM was trying to make hay of the NSA revelations that had tangled up American operating system makers. Linux, free of NSA influence, would be a huge competitive advantage for IBM. Or so it would seem. Read.... The Other Reason Why IBM Throws A Billion At Linux (With NSA- Designed Backdoor)
  • ...1 more annotation...
  • The first shot was fired on Monday. Teradata, which sells analytics tools for Big Data, warned that quarterly revenues plunged 21% in Asia and 19% in the Middle East and Africa. Wednesday evening, it was IBM’s turn to confess that its hardware sales in China had simply collapsed. Every word was colored by Edward Snowden’s revelations about the NSA’s hand-in-glove collaboration with American tech companies, from startups to mastodons like IBM.
  • Paul Merrell on 18 Oct 13
     
    It's starting to look as though the price of NSA collaboration is bankruptcy. Look for Big Blue to attempt to recover the loss from the U.S. government via some juicy deal.
Paul Merrell

Third group wants in on Larry Klayman NSA case - POLITICO.com - 0 views

www.politico.com/...n-klayman-nsa-case-196194.html

surveillance-state NSA Klayman 215-metadata civil-liberties

shared by Paul Merrell on 30 Sep 14 - No Cached
  • A third civil liberties organization is asking a federal appeals court for time to defend the only federal court ruling challenging the legality of the National Security Agency's bulk collection of information on U.S. telephone calls. The Center for National Security Studies, a D.C.-based group which advocates for individual liberties and government transparency, asked the U.S. Court of Appeals for the D.C. Circuit Friday to allow the group time to argue that U.S. District Court Judge Richard Leon's ruling that the counterterrorism program appeared to be illegal was correct, albeit on different grounds than Leon identified. Leon found the program likely unconstitutional as a violation of Fourth Amendment protections against unreasonable searches and seizures. However, CNSS and other advocates have argued that Leon never should have reached the constitutional issues because the NSA's bulk telephone metadata program was never authorized by Congress.
  • Government lawyers and numerous judges from the Foreign Intelligence Surveillance Court have concluded that the Section 215 of the Patriot Act creates a legal basis for the program, but that depends on the debatable notion that all U.S. telephone data are "relevant" to future terrorism investigations. Critics of that rationale say it would allow the government to collect virtually any type of data because it could become useful in the future. CNSS's motion filed Friday asks for 10 minutes of argument time on Nov. 4, when the D.C. Circuit takes up the government's appeal of Leon's ruling as well as several related appeals. The motion (posted here) says both the Justice Department and the conservative legal activist who brought the underlying lawsuits, Larry Klayman, are opposing the request for extra time. Last week, two other organizations?—the American Civil Liberties Union and the Electronic Frontier Foundation—asked together to join in the arguments on Klayman's case. The government and Klayman did not oppose that motion.
  • Some opponents of the NSA surveillance program are clearly nervous about leaving the arguments against the program solely to Klayman, a longtime conservative activist known as a rhetorical bombthrower.  In an online commentary last week, Klayman called for the U.S. military to use tactical nuclear weapons against the Islamic State militant group. However, he predicted that President Barack Obama will not do so because he "simply has no stomach for killing his creed en masse." The D.C. Circuit has not yet ruled on either of the motions to join in next month's arguments.
Paul Merrell

US Government Labeled Al Jazeera Journalist as Al Qaeda - 0 views

firstlook.org/...al-qaeda-member-put-watch-list

surveillance state NSA Al-Jazeera metadata phone-metadata

shared by Paul Merrell on 09 May 15 - No Cached
  • The U.S. government labeled a prominent journalist as a member of Al Qaeda and placed him on a watch list of suspected terrorists, according to a top-secret document that details U.S. intelligence efforts to track Al Qaeda couriers by analyzing metadata. The briefing singles out Ahmad Muaffaq Zaidan, Al Jazeera’s longtime Islamabad bureau chief, as a member of the terrorist group. A Syrian national, Zaidan has focused his reporting throughout his career on the Taliban and Al Qaeda, and has conducted several high-profile interviews with senior Al Qaeda leaders, including Osama bin Laden.
  • The document cites Zaidan as an example to demonstrate the powers of SKYNET, a program that analyzes location and communication data (or “metadata”) from bulk call records in order to detect suspicious patterns. In the Terminator movies, SKYNET is a self-aware military computer system that launches a nuclear war to exterminate the human race, and then systematically kills the survivors. According to the presentation, the NSA uses its version of SKYNET to identify people that it believes move like couriers used by Al Qaeda’s senior leadership. The program assessed Zaidan as a likely match, which raises troubling questions about the U.S. government’s method of identifying terrorist targets based on metadata. It appears, however, that Zaidan had already been identified as an Al Qaeda member before he showed up on SKYNET’s radar. That he was already assigned a watch list number would seem to indicate that the government had a prior intelligence file on him. The Terrorist Identities Datamart Environment, or TIDE, is a U.S. government database of over one million names suspected of a connection to terrorism, which is shared across the U.S. intelligence community.
  • Peter Bergen, CNN’s national security analyst and author of several books on Al Qaeda and Osama bin Laden, told The Intercept, “I’ve known [Zaidan] for well over a decade, and he’s a first class journalist.” “He has the contacts and the access that of course no Western journalist has,” said Bergen. “But by that standard any journalist who spent time with Al Qaeda would be suspect.” Bergen himself interviewed bin Laden in 1997.
  • ...6 more annotations...
  • That presentation states that the call data is acquired from major Pakistani telecom providers, though it does not specify the technical means by which the data is obtained. The June 2012 document poses the question: “Given a handful of courier selectors, can we find others that ‘behave similarly’” by analyzing cell phone metadata? “We are looking for different people using phones in similar ways,” the presentation continues, and measuring “pattern of life, social network, and travel behavior.” For the experiment, the analysts fed 55 million cell phone records from Pakistan into the system, the document states. The results identified someone who is “PROB” — which appears to mean probably — Zaidan as the “highest scoring selector” traveling between Peshawar and Lahore.
  • According to another 2012 presentation describing SKYNET, the program looks for terrorist connections based on questions such as “who has traveled from Peshawar to Faisalabad or Lahore (and back) in the past month? Who does the traveler call when he arrives?” and behaviors such as “excessive SIM or handset swapping,” “incoming calls only,” “visits to airports,” and “overnight trips.”
  • The following slide appears to show other top hits, noting that 21 of the top 500 were previously tasked for surveillance, indicating that the program is “on the right track” to finding people of interest. A portion of that list visible on the slide includes individuals supposedly affiliated with Al Qaeda and the Taliban, as well as members of Pakistan’s spy agency, Inter-Services Intelligence. But sometimes the descriptions are vague. One selector is identified simply as “Sikh Extremist.” As other documents from Snowden revealed, drone targets are often identified in part based on metadata analysis and cell phone tracking. Former NSA director Michael Hayden famously put it more bluntly in May 2014, when he said, “we kill people based on metadata.” Metadata also played a key role in locating and killing Osama bin Laden. The CIA used cell phone calling patterns to track an Al Qaeda courier and identify bin Laden’s hiding place in Pakistan.
  • A History of Targeting Al Jazeera  The U.S. government’s surveillance of Zaidan is not the first time that it has linked Al Jazeera or its personnel to Al Qaeda. During the invasion of Afghanistan, in November 2001, the United States bombed the network’s Kabul offices. The Pentagon claimed that it was “a known al-Qaeda facility.” That was just the beginning. Sami al-Hajj, an Al Jazeera cameraman, was imprisoned by the U.S. government at Guantanamo for six years before being released in 2008 without ever being charged. He has said he was repeatedly interrogated about Al Jazeera. In 2003, Al Jazeera’s financial reporters were barred from the trading floor of the New York Stock Exchange for “security reasons.” Nasdaq soon followed suit.
  • During the invasion of Iraq, U.S. forces bombed Al Jazeera’s Baghdad offices, killing correspondent Tariq Ayoub. The U.S. insisted it was unintentional, though Al Jazeera had given the Pentagon the coordinates of the building. When American forces laid siege to Fallujah, and Al Jazeera was one of the few news organizations broadcasting from within the city, Bush administration officials accused it of airing propaganda and lies. Al Jazeera’s Fallujah correspondent, Ahmed Mansour, reported that his crew had been targeted with tanks, and the house they had stayed in had been bombed by fighter jets. So great was the suspicion of Al Jazeera’s ties to terrorism that Dennis Montgomery, a contractor who had previously tried peddling cheat-detector software to Las Vegas casinos, managed to convince the CIA that he could decode secret Al Qaeda messages from Al Jazeera broadcasts. Those “codes” reportedly caused Bush to ground a number of commercial transatlantic flights in December 2003. But the U.S. government appeared to have somewhat softened its view of the network in the last several years. The Obama administration has criticized Egypt for holding three of Al Jazeera’s journalists on charges of aiding the Muslim Brotherhood. During the height of the 2011 Arab Spring, then-Secretary of State Hillary Clinton praised the network’s coverage, saying, “Viewership of Al Jazeera is going up in the United States because it’s real news.”
  • Zaidan is still Al Jazeera’s Islamabad bureau chief, and has also reported from Syria and Yemen in recent years. Al Jazeera vigorously defended his reporting. “Our commitment to our audiences is to gain access to authentic, raw, unfiltered information from key sources and present it in an honest and responsible way.” They added that, “our journalists continue to be targeted and stigmatized by governments,” even though “Al Jazeera is not the first channel that has met with controversial figures such as bin Laden and others — prominent western media outlets were among the first to do so.”
  • Paul Merrell on 09 May 15
     
    It was crazy. I was at home in Idaho sitting there watching TV and chatting with my internet buddy in Croatia. Then the black helicopters came for me ... 
Paul Merrell

As Europe erupts over US spying, NSA chief says government must stop media | Glenn Greenwald | Comment is free | theguardian.com - 0 views

www.theguardian.com/...ts-nsa-spying-chief-government

surveillance state NSA Alexander censorship suveillance-subject-matter

shared by Paul Merrell on 28 Oct 13 - No Cached
  • is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA's director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):
  • The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of "selling" his agency's documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden."I think it's wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn't make sense," Alexander said in an interview with the Defense Department's "Armed With Science" blog."We ought to come up with a way of stopping it. I don't know how to do that. That's more of the courts and the policy-makers but, from my perspective, it's wrong to allow this to go on," the NSA director declared. [My italics]There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called "the first amendment".I'd love to know what ways, specifically, General Alexander has in mind for empowering the US government to "come up with a way of stopping" the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.
  • Paul Merrell on 28 Oct 13
     
    Alexander's call for censorship starts at about 21:00 of the video at http://www.politico.com/blogs/under-the-radar/2013/10/nsa-chief-stop-reporters-selling-spy-documents-175896.html Dear General Alexander: "... we cannot defend freedom abroad by deserting it at home." E- Edward R. Murrow, See It Now (9 March 1954), http://tinyurl.com/kzlpm4a
Paul Merrell

Even the Former Director of the NSA Hates the FBI's New Surveillance Push - The Daily Beast - 0 views

www.thedailybeast.com/...r-new-surveillance-powers.html

surveillance state FBI Comey encryption-backdoors

shared by Paul Merrell on 28 Jul 15 - No Cached
  • The head of the FBI has spent the last several months in something of a panic, warning anyone who will listen that terrorists are “going dark”—using encrypted communications to hide from the FBI—and insisting that the bureau needs some kind of electronic back door to get access to those chats.It’s an argument that civil libertarians and technology industry executives have largely rejected. And now, members of the national security establishment—veterans of both the Obama and Bush administrations—are beginning to speak out publicly against FBI Director Jim Comey’s call to give the government a skeleton key to your private talks.
  • The encryption issue was also one of several small, but telling, ways in which Comey seemed out of sync with some of his fellow members of the national security establishment here at the Aspen Security Forum.
  • This isn’t the first intra-government fight over encryption, Chertoff noted. The last time an administration insisted on a technological back door—in the 1990s—Congress shot down the idea. And despite cries of “going dark” back then, the government found all kinds of new ways to spy. “We collected more than ever. We found ways to deal with that issue,” Chertoff told the forum.
Paul Merrell

Justice Dept. Criticized on Spying Statements - NYTimes.com - 0 views

www.nytimes.com/...ized-on-spying-statements.html

surveillance state NSA litigation lies Udall Wyden

shared by Paul Merrell on 22 May 14 - No Cached
  • Two Democratic senators accused the Obama administration on Tuesday of seeking to “ignore or justify” statements it made to the Supreme Court about warrantless surveillance by the National Security Agency, contributing to what they called a “culture of misinformation” by the executive branch.In a letter to Solicitor General Donald B. Verrilli Jr., the senators, Mark Udall of Colorado and Ron Wyden of Oregon, maintained that the Justice Department was not being forthright about what they portrayed as factual misrepresentations to the Supreme Court in 2012. The case involved a challenge to the constitutionality of a law permitting warrantless N.S.A. surveillance.
Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

justsecurity.org/...lection-leave-plenty-loopholes

surveillance state NSA-reform DNI Clapper voluntary-reforms

shared by Paul Merrell on 05 Feb 15 - No Cached
  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
  • ...1 more annotation...
  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
Paul Merrell

Beijing Strikes Back in US-China Tech Wars | The Diplomat - 0 views

thediplomat.com/...kes-back-in-us-china-tech-wars

surveillance state China tech-security

shared by Paul Merrell on 11 Mar 15 - No Cached
  • China’s new draft anti-terror legislation has sent waves across the U.S. tech community. If there is a brewing tech war between U.S. and China over government surveillance backdoors and a preference for indigenous software, China’s new draft terror law makes it clear that Beijing is happy to give the United States a taste of its own medicine. The law has already drawn considerable criticism from international human rights groups, including Amnesty International and Human Rights Watch for its purported attempts to legitimize wanton human rights violations in the name of counter-terrorism. Additionally, China has opted to implement its own definition of terrorism, placing  “any thought, speech, or activity that, by means of violence, sabotage, or threat, aims to generate social panic, influence national policy-making, create ethnic hatred, subvert state power, or split the state” under the umbrella of the overused T-word. The problematic human rights issues aside, the draft anti-terror law will have important implications for foreign tech firms within China. According to Reuters’ reporting on the draft anti-terror law, counter-terrorism precautions by the Chinese government would essentially require foreign firms to “hand over encryption keys and install security ‘backdoors’” into their software. Additionally, these firms would have to store critical data — certainly data on Chinese citizens and residents — on Chinese soil. The onerous implications of this law could have lead to an immediate freeze to the activities of several Western tech companies in China, the world’s second largest economy and a booming emerging market for new technologies.
  • On the surface, the most troublesome implication of this law is that in order to comply with this law, Western firms, including non-technical ventures such as financial institutions and manufacturers, will be forced to give up a great deal of security. In essence, corporate secrets, financial data — all critical data — would be insecure and available for access by Chinese regulators. The new law would also prohibit the use of secure virtual private networks (VPNs) to get around these requirements.
  • The U.S. diplomatic response to Beijing’s new draft law is perhaps best captured in the fact that a whopping four cabinet members in the Obama administration, including Secretary of State John Kerry and U.S. Trade Representative Michael Froman, wrote the Chinese government expressing “serious concern.” China, for its part, seemed unfazed by U.S. concerns. Foreign Ministry spokesperson Hua Chunying told the press that she hoped the United States would view the new anti-terror precautions in “in a calm and objective way.” Indeed, following Edward Snowden’s revelations regarding the extent of the United States’ surveillance of private firms both within and outside the United States, Beijing likely views U.S. concerns as hypocritical. One U.S. industry source told Reuters that the new law was ”the equivalent of the Patriot Act on really, really strong steroids.”
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