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Paul Merrell

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

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

Meet the Israeli-linked firm that sold Big Brother machines to Mubarak, Qaddafi - and Washington | Mondoweiss - 0 views

  • In 2006, an AT&T technician named Mark Klein discovered a secret room inside the company’s windowless “Folsom Street Facility” in downtown San Francisco that was bristling with Narus machines. The now notorious Room 641A was controlled by the NSA, which was using it to collect AT&T customer data for data mining and real-time analysis. Thanks to the powerful NarusInsight system, the NSA was able to monitor 108 billion emails from AT&T customers per day.
  • Following a lawsuit filed against AT&T by the Electronic Freedom Foundation, Congress passed the FISA Amendments Act in July 2008, giving retroactive immunity to telecom corporations that assisted the NSA, and relieving them of any consequences for spying on Americans. Cass Sunstein, an informal advisor to Barack Obama’s 2008 presidential campaign who now heads the Office of Information and Regulatory Affairs, and who has urged federal law enforcement to “cognitively infiltrate” anti-government groups, was an outspoken supporter of the retroactive immunity bill. With Sunstein by his side, Obama reversed his initial objections to the NSA’s domestic spying operations, voting as a Senator for retroactive immunity. The vote allowed the NSA to expand its domestic spying operations, clearing the legal hurdles obstructing the creation of PRISM. The stage was set for the second term scandal that would leave Obama reeling.
  • Binney told me that throughout the United States there are currently as many as 20 NSA black sites like Room 641A. Narus devices, he said, have been placed at fiber-optic convergence points, allowing the NSA to retrieve about 80 percent of data carried through telecom and online service providers. Binney emphasized that the devices do not only retrieve so-called metadata, which only offers general records of data, but that they gather the actual content of emails and calls. (“We can reconstruct all of their e-mails along with attachments, see what web pages they clicked on; we can reconstruct their (Voice Over Internet) calls,” said Steve Bannerman, the marketing director of Narus). Thanks to PRISM, the NSA bas been able to “fill in the gaps,” Binney explained, gathering bulk data from communications the NSA might have missed with the NarusInsight system, especially those made between Americans and foreign countries.
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  • Another Israeli-linked tech company, Verint, is a subsidiary of the Israeli firm Comverse, which boasts a reputation as “the world’s leading provider… of communications intercept and analysis” technology. Among the many Comverse executives plucked from the ranks of Israeli army intelligence is the company’s founder, Jacob “Kobi” Alexander, an ex-Israeli intelligence agent who cashed in through Israel’s high-tech surveillance industry. Alexander’s lucrative career collapsed in dramatic fashion when he was arrested for fraud in Namibia in 2006 after an international manhunt, and wound up handing over bank accounts worth $46 million to US authorities.
  • Just as AT&T relied on Narus systems, Verint’s DPI devices have been used to fulfill NSA requests for data from Verizon’s subscribers. And as Bamford explained in his 2008 book on the NSA, “Shadow Factory,” much of the data Verint and other private Israeli contractors gather from can be remotely accessed from Israel. “The greatest potential beneficiaries of this marriage between the Israeli eavesdroppers and America’s increasingly centralized telecom grid are Israel’s intelligence agencies,” Bamford wrote.
Paul Merrell

Asia Times Online :: Hezbollah don't take no mess - 0 views

  • The "Friends of Syria" are appalled. Their much vaunted "rebel held" stronghold of Qusayr is gone. This BBC headline sums it all up: "Syria conflict: US condemns siege of Qusayr." For White House spokesman Jay Carney, "pro-government forces", to win, needed help from by their "partners in tyranny" - Hezbollah and Iran. Right: so the "rebels" weaponized by Saudi Arabia, Qatar and the CIA, not to mention jihadis of the Jabhat al-Nusra kind, are partners in what, "freedom and democracy"? Spin out, facts in. This is a monster strategic defeat for the NATO-Gulf Cooperation Council-Israel axis. [1] The supply lines from <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> Lebanon to Homs of the Not Exactly Free Syrian Army (FSA) gangs and the odd jihadi are gone. The Syrian Arab Army (SAA) will next move to Homs and the whole Homs governorate. The final stop will be two or three Aleppo suburbs still controlled by the FSA. There's absolutely no way Qusayr can be spun in the West as yet another "tactical withdrawal" by the FSA. The rebels insist they "withdrew". Nonsense. It was a rout.
  • This, in a nutshell, is how it happened.
  • When will the NATO-GCC axis ever learn? Hezbollah's Sheikh Nasrallah staked his reputation by going on air and promising a victory. Once again, he delivered. Contrary to Western spin, Hezbollah did not do it by itself; it was a combination of SAA, Hezbollah and Iranian specialists applying superior tactics and displaying crack urban warfare knowledge. It's also easy to forget that a prime wet dream among US Think Tanklanders these past few months was the possibility of pitting Hezbollah against al-Qaeda-linked jihadis inside Syria. They got their wish.
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  • There is a slight problem though. Buried in sensationalist reports in Le Monde or Liberation is the fact that the French scientific analyses - based on two samples, one of them collected by Le Monde reporters - do not specify who used sarin, the government or the "rebels". Even UN experts, in their official report, have admitted as much.
  • The Susan and Samantha show And now, to compound the drama, we have Susan Rice as the new US National Security Adviser and Samantha Power as the new US ambassador at the UN Security Council. It's always helpful to remember that along with Hillary Clinton, these were the Three Graces of "humanitarian intervention" that forcefully pushed for the bombing and destruction of Libya. Whatever replay strategy Susan and Samantha may come up with, Russia and China will veto. Moreover, even the Washington establishment admits all options are noxious. [4] To top it off, Turkey has been plunged into the Taksim/Occupy Gezi/Down with the Dictator maelstrom - and the last thing an embattled Erdogan will be thinking about is to further empower a bunch of "rebel" losers.
Paul Merrell

The Torture Chronicle | The American Conservative - 0 views

  • If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions. Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.
  • The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.
  • What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce. The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror.
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  • There are also other good reasons to oppose torture and torture by proxy through CIA rendition. Most people and governments worldwide believe that torture is immoral, a view that is generally shared by most Americans. Legally there is also a long tradition condemning torture. German and Japanese officers were executed after the Second World War for torturing prisoners and the principle was firmly established that torture, specifically including waterboarding, is a war crime. The US is signatory to the UN’s anti-torture convention and both the United States Code and specific acts of congress require prosecution of any government employee engaging in such activity. In practical terms, torture also opens up a door that should never be opened by anyone who genuinely cares about US soldiers, diplomats, and intelligence officers stationed at their peril around the world. To put it succinctly, if we do it to them, they will do it to us.
  • Torture advocates have assiduously cultivated a number of myths, most prominent of which is the “ticking time bomb.” This is a particular favorite of the redoubtable Alan Dershowitz and a number of prominent neocons. It goes like this – a terrorist is captured who has knowledge of an impending attack on a major civilian target, but he won’t cooperate. How to get the information?  Simple. Get an accommodating judge to issue a legal finding that enables you to torture him until he talks, thereby saving lives of innocent civilians. The only problem with the Dershowitz narrative is that there has never been an actual ticking time bomb. No terrorist has ever been captured, subjected to torture, and provided information that foiled an attack, not even in Israel where routine torture of suspected terrorists captured in flagrante used to be the case (but is now illegal). Advocating a policy of torture, with all that entails, based on a “what if” is fighting evil with more evil, not a solution.
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    The "ticking time bomb" justification for extraordinary rendition and torture holds no water under the U.S. Constitution. Consider the situation of a person suspected of kidnapping a child who may still be alive; might government lawfully discard the suspect's right to remain silent, the presumption of innocence, and the right to trial by jury in order to torture the suspect for information about the child's whereabouts? Our Constitution commands otherwise. 
Paul Merrell

security theater, martial law, and a tale that trumps every cop-and-donut joke you've ever heard | Popehat - 0 views

  • First, just in case it's not utterly obvious, I'm glad that the two murderous cowards who attacked civilians in Boston recently are off the streets. One dead and one in custody is a great outcome. That said, a large percent of the reaction in Boston has been security theater. "Four victims brutally killed" goes by other names in other cities. In Detroit, for example, they call it "Tuesday". …and Detroit does not shut down every time there are a few murders.
  • "Then why the hell do you care, Clark?" First, the unprecendented shutdown of a major American city may have increased safety some small bit, but it was not without a cost: keeping somewhere between 2 and 5 million people from work, shopping, and school destroyed a nearly unimaginable amount of value. If we call it just three million people, and we peg the cost at a mere $15 per person per hour, the destroyed value runs to a significant fraction of a billion dollars. "Yeah, maybe…but in this day and age where the federal government is borrowing an extra $3.85 billion per day, a couple of hundred million doesn't sound like much. After all, if we're borrowing money that our children and grandchildren will have to pay back to fund Cowboy Poetry Festival and military golf courses, then what's another $200 or $400 million to keep people safe?"
  • Second, the cost isn't just measured in dollars – it's measured in the degree to which it trains a population to freak out over minor risk and to trust blindly in authorities. Third, keeping citizens off the street meant that 99% of the eyes and brains that might solve a crime were being wasted. Eric S Raymond famously said that "given enough eyeballs, all bugs are shallow". It was thousands of citizen photographs that helped break this case, and it was a citizen who found the second bomber. Yes, that's right – it wasn't until the stupid lock-down was ended that a citizen found the second murderer
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  • We had thousands of police going door-to-door, searching houses…and yet not one of them saw the evidence that a citizen did just minutes after the lock-down ended. "But Clark," you protest, "you may not trust the government to decide what's risky and what's not, but I do. If it saves even one life, then shutting down a major city is the right move. That's obvious!" But the Boston police didn't shut down an entire city. They shut down an entire city except for the donut shops. boston.com Law enforcement asked Dunkin' Donuts to keep restaurants open in locked-down communities to provide… food to police… including in Watertown, the focus of the search for the bombing suspect.
  • The government and police were willing to shut down parts of the economy like the universities, software, biotech, and manufacturing…but when asked to do an actual risk to reward calculation where a small part of the costs landed on their own shoulders, they had no problem weighing one versus the other and then telling the donut servers "yeah, come to work – no one's going to get shot." And they were right.
Paul Merrell

Strike capability just got real | Marc Goldberg | Ops & Blogs | The Times of Israel - 0 views

  • The importance of the new arms deal between Israel and the United States cannot be overstated. The arrival of an as yet undisclosed number of KC-135 aerial refuelling aircraft will give the Israeli Air Force (IAF) the range to attack any target in Iran that it deems necessary in order to suppress the Iranian nuclear program.
  • In absolute terms the tankers on their own ensure that the IAF can reach every target in Iran that they need to, everything is in range. What they don’t do is increase the destructive power of the ordnance that their F-15s and F-16s can carry. Any strike that would be launched is likely to be launched at targets that were built with defense in mind. Essentially meaning that a large part of them is underground. Although the much vaunted BLU-109 bunker buster bombs are on their way into the inventory of the IAF they are able to penetrate six feet of reinforced concrete whereas, for example, the Natanz nuclear plant is built under 22 meters of dirt as well as eight meters of reinforced concrete and in a facility that is about 100,000 square meters in size. Now multiply those problems by at least another 20 facilities that need to be attacked, probably more and the scale of the challenge still involved in destroying the Iranian program becomes clear.
  • No attack on Iran can take place without Israeli boots on the ground! What’s really interesting is that the announcement of the imminent arrival of the V-22 Osprey into the inventory of the IAF came almost as an aside to the news of the KC-135s
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  • With the Osprey the IDF will gain the capability to transport troops and their equipment to the target zone in sufficient numbers not merely to conduct the reconnaissance that they are already carrying out but to launch direct action attacks. Although it’s unlikely that the IDF has the power to stop the Iranian nuclear programme dead in its tracks, it does have the power to set it back a long way. 
Paul Merrell

Reagan and Obama budget directors urge to cut Pentagon spending - RT USA - 0 views

  • Speaking at a Thomson Reuters Newsmaker event this week, David Stockman and Peter Orszag both said the US could save tremendously if it shifted spending away from the Pentagon, ending the trend of dumping a large chunk of the federal budget on maintaining overseas military bases and lengthy occupations.Stockman, who was budget director from 1981 to 1985 under Republican Ronald Reagan, is considered by Reuters to be “a key architect of tax-cutting policies” enacted during that administration. And although Peter— a former budget director for Democrat President Barack Obama — comes from the other side of the aisle, both say military spending should be slashed to save the country.“We ought to go back to [President Dwight] Eisenhower’s standard on defense,” Stockman said during the discussion. In 1960, he said, Eisenhower closed out his presidency by warning Congress that continuous spending aimed at the Pentagon would feed and foster the military industrial complex that exists today.
  • “Go back to that,” said Stockman. “We could save two trillion dollars over the next 10 years simply by going back to the Eisenhower standard: Getting out of this imperial foreign policy of invasion and occupation; demobilize our forces.”Stockman said that having one-and-a-half million service members in the Armed Forces is “ridiculous,” and that the US could sustain with a military less than one-third of that. “Why do we have a million in our reserves in National Guard?” he asked. “We are spending a quarter of a trillion dollars a year just on manpower and benefits just for all of those people I’ve mentioned, and we have no industrial enemies anywhere in the world.”Orszag failed to go into as great of detail as Stockman in terms of defense spending, instead emphasizing that scaling back Social Security payments and ending income tax cuts could best solve the country’s financial woes.
  • Orszag says governments are right to use spending to stretch out the economic adjustments to keep large segments of population from losing their jobs, which itself can cause long-lasting problems,” reports Reuters.That isn’t to say, however, that he shied away from taking an axe to the Defense Department’s budget in the past. After leaving the Obama White House, he authored an op-ed for Bloomberg News in 2012 where he outlined ways to pinch pennies by giving Uncle Sam less to work with.“In the abstract, reducing defense costs seems pretty simple: Just cut back on some of the really expensive equipment,” Orszag wrote. “The cost of building the F-35 fighter, for example, has been estimated at more than $100 million per plane. The new littoral combat ship, designed to operate in coastal regions, is projected to cost about $600 million per ship.”
Paul Merrell

The Fed's Plan B: "We're Going to Kill the Dollar" - 0 views

  • “How do you solve a problem when you’re running a 10% fiscal budget deficit? You are not going to get growth without private sector credit demand. The government’s idea right now is that we’re going to export our way out of this, and when I asked a senior member of the Obama administration last week how are we going to grow exports if we will not allow nominal wage deflation? He said, “We’re going to kill the dollar.” Kyle Bass interview. Last week, amid growing rumors of a global currency war, the Fed’s balance sheet broke the $3 trillion-mark for the first time in history. According to blogger Sober Look: “For the first time since this program was launched (QE) it is starting to have a material impact on bank reserves … which spiked last week. 2013 will look quite different from last year. The monetary base will be expanded dramatically as long as the current securities purchases program is in place. ‘Money printing” is in now full swing.’”
Paul Merrell

How the NSA's Surveillance Procedures Threaten Americans' Privacy | American Civil Liberties Union - 0 views

  • Newly released documents confirm what critics have long suspected—that the National Security Agency, a component of the Defense Department, is engaged in unconstitutional surveillance of Americans' communications, including their telephone calls and emails. The documents show that the NSA is conducting sweeping surveillance of Americans' international communications, that it is acquiring many purely domestic communications as well, and that the rules that supposedly protect Americans' privacy are weak and riddled with exceptions.
  • 3. The Procedures permit the government to conduct surveillance that has no real connection to the government's foreign intelligence interests. One of the fundamental problems with the Act is that it permits the government to conduct surveillance without probable cause or individualized suspicion. It permits the government to monitor people who aren't even thought to be doing anything wrong, and to do so without particularized warrants or meaningful review by impartial judges. Government officials have placed heavy emphasis on the fact that the Act allows the government to conduct surveillance only if one of its purposes is to gather "foreign intelligence information." That term, though, is defined very broadly to include not only information about terrorism but also information about intelligence activities, the national defense, and even "the foreign affairs of the United States." The Procedures weaken the limitation further. Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is whether it has been used in the past to communicate with foreigners. Another is whether it is listed in a foreigner's address book. In other words, the NSA seems to equate a propensity to communicate with foreigners with a propensity to communicate foreign intelligence information. The effect is to bring virtually every international communication within the reach of the NSA's surveillance.
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    "Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is *whether it has been used in the past to communicate with foreigners."* Let that sink into your mind, please. Have you ever communicated with a foreigner? Have any of your communications ever been routed through servers in a foreign country? (The way the Internet works, it is an everyday event for just about anyone.) Does that constitute communication with a foreigner?  One of the many giant loopholes in the NSA's leaked procedures document for "minimizing" the collection of data on U.S. citizens.  
Paul Merrell

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

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

The Stunning Hypocrisy of the U.S. Government | Washington's Blog - 0 views

  • Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. is hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles. If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies, the failed war on drugs, and other wasted and counter-productive expenses, we wouldn’t need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn’t be nationalized, because that would be socialism. Instead of temporarily nationalizing them and then spinning them off to the private sector – or breaking them up – the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy. But every single one of these bills actually bails out the banks … and doesn’t really help the homeowner.
  • The Federal Reserve promises to do everything possible to reduce unemployment. But its policies are actually destroying jobs. Many D.C. politicians pay lip service to helping the little guy … while pushing policies which have driven inequality to levels surpassing slave-owning societies. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama’s hypocrisy in slamming Bush’s spying programs … and then expanding them (millions more). And in slamming China’s cyber-warfare … while doing the same thing. And – while the Obama administration is spying on everyone in the country – it is at the same time the most secretive administration ever (background). That’s despite Obama saying he’s running the most transparent administration ever.
  • Glenn Greenwald – the Guardian reporter who broke the NSA spying revelations – has documented for many years the hypocritical use of leaks by the government to make itself look good … while throwing the book at anyone who leaks information embarrassing to the government. Greenwald notes today: Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined.
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  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”. It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
  • Similarly, journalists who act as mere stenographers for the government who never criticize in more than a superficial fashion are protected and rewarded … but reporters who actually report on government misdeeds are prosecuted and harassed. Further, the biggest terrorism fearmongers themselves actually support terrorism. And see this. In the name of fighting terrorism, the U.S. has been directly supporting Al Qaeda and other terrorists and providing them arms, money and logistical support in Syria, Libya, Mali, Bosnia, Chechnya, Iran, and many other countries … both before and after 9/11. And see this. The American government has long labeled foreigners as terrorists for doing what America does. Moreover, government officials may brand Americans as potential terrorists if they peacefully protest, complain about the taste of their water, or do any number of other normal, all-American things.
  • This is especially hypocritical given that liberals like Noam Chomsky and conservatives like the director of the National Security Agency under Ronald Reagan (Lt. General William Odom) all say that the American government is the world’s largest purveyor of terrorism. As General Odom noted: Because the United States itself has a long record of supporting terrorists and using terrorist tactics, the slogans of today’s war on terrorism merely makes the United States look hypocritical to the rest of the world. These are just a couple of ways in which the D.C. politicians are hypocrites.
Gary Edwards

Amnesty Senators and the Stories They Told | RedState - 0 views

  • Republicans (and red state Democrats) used to tell voters amazing things about their opposition to amnesty. Then they got elected and supported legislation that actually weakens border security and puts people on a path not just to legalization, but to citizenship, before ever securing our borders.
  • 1. Rubio: “I would vote against anything that grants amnesty because I think it destroys your ability to enforce the existing law and I think it’s unfair to the people who are standing in line and waiting to come in legally. I would vote against anything that has amnesty in it.”
  • 2. Corker: “We need a new immigration policy that reflects America’s values. First, secure this border. Allow people to work here but only if they’re legal. No amnesty. Those employed but here illegally must go home and return through legal channels.”
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  • 3. Wicker: “I agree that illegal immigration is a major issue that needs to be addressed. However, I oppose amnesty as the solution.”
  • 7. Heller: “I believe it is an amnesty program, a back-door amnesty program for the 12 to 15 million people who are here illegally.”
  • 5. Flake: “I’ve been down that road, and it is a dead end. The political realities in Washington are such that a comprehensive solution is not possible, or even desirable given the current leadership. Border security must be addressed before other reforms are tackled.”
  • 6. Hatch: “We can no longer grant amnesty. I fought against the 1986 Simpson-Mazzoli bill because they granted amnesty to 3 million people. They should have to get in line like anybody else if they want to come into this country and do it legally.”
  • 4. Ayotte: “For the people who are here illegally, I don’t support amnesty; it’s wrong. It’s wrong to the people who are waiting in line here, who have waited for so long. And we need to stop that because I think that’s where the Administration is heading next.”
  • 12. Graham: Amid withering criticism from his constituents, Graham — who is up for reelection next year — began to argue that it was time to approach the immigration problem in stages. On Thursday, he likened the decisive vote to pass his amendment to “having been robbed 12 million times and finally getting around to putting a lock on the door.”
  • 9. Collins: Before 2008 reelection, voted no on McCain-Kennedy amnesty
  • 10. Hoeven: Hoeven said the U.S. needs to secure its borders and crack down on employers who hire illegal immigrants.
  • 11. McCain: “Complete the danged fence.”
  • 8. Alexander: “We cannot restore a system of legal immigration – which is the real American Dream – if we undermine it by granting new benefits to those who are here illegally.”
  • 13. Kirk: “The American people believe our borders are broken. It is a fundamental duty of our government to know who is entering the country, making illegal entry nearly impossible. In the coming Congress, we have an overwhelming bipartisan consensus to restore confidence in the security of our borders — before we pursue other immigration proposals.”
  • 14. Murkowski: “With regard to undocumented aliens, I believe that those who illegally entered or remained in the United States should not be granted amnesty. Granting amnesty to illegal aliens sends the wrong message and is not fair to the vast majority of immigrants who abided by U.S. immigration laws. Granting amnesty would only encourage further illegal immigration.”
  • 15. Chisea: Joined most other Republicans, including opponents of the legislation, in supporting a proposal — which was defeated largely along party lines — that would have blocked legalization until the government can prove U.S. borders are secure. Chiesa said he sees border security as a top priority given his law enforcement background, and has yet to decide his stance on citizenship for immigrants without authorization.
  • Red State Democrats
  • 1. Pryor: “I voted against the president’s immigration plan today because the border security and enforcement measures are inadequate and the bill fails to effectively address the individuals who are already here illegally.” Pryor says it’s time for changes, “It’s time for a new approach. I advocate that we strengthen and implement the enforcement measures in this bill and show we can fully enforce immigration laws.”
  • 2. Tester: He wants secure borders and no amnesty for law breakers.
  • 3. Landrieu: “Sen. Landrieu is a leader in the U.S. Senate fighting against illegal immigration,” Schneider said. “She has fought against amnesty for illegal immigrants and to provide more resources for border security. The new NRSC attack is designed simply to mislead voters about Sen. Landrieu’s record.”
  • 4. Donnelly: “Eliminate amnesty because no one should ever be rewarded for breaking the law.”
  • 5. Hagan: Hagan said she supported increased border security and opposed amnesty.
  • 6. McCaskill: Claire does not support amnesty. As a former prosecutor, Claire believes people who break the law should be held accountable, both illegal immigrants and the employers who exploit them for cheap labor. Claire does not believe we need any new guest worker programs undermining American workers.
  • 7. Stabenow: Do you support path to citizenship for illegal immigrants? STABENOW: I voted no, because it went too far and cost us jobs. I do think it’s important to have border security and legal system that is fair and effective. My focus is on our jobs that we’re losing because of failed policies.
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    Good collection of statements and position summaries for Republican and Democrat Senators who yesterday voted for the latest Amnesty Bill.  Each had staked out a election position demanding the border be closed and that American jobs be protected.  Yet, here they are voting for an amnesty plan that will legalize over 46 million new Americans. There is no  doubt in my mind that Big Business supports cheap labor fully subsidized by the great American social safety net.  These corporate welfare queens want to pass the escalating cost of labor onto hapless taxpayers.  The Democrats get to rule a one party nation as these new "Federal" citizens loyalty to the is bought and paid for by the States.   And the middle class gets destroyed.   The last stronghold in the Marxist transformation of America handbook, "Rules for Radicals" by Saul Alinsky, is the middle class.  Alinsky had a plan to take it down, and this is the final nail. Still, I don't think any of these Senators are Marxists.  Obama is a Muslim Marxist, same as his father.  A real true believer.  But what were witnessing in America's destruction is not ideological.  It's all about the money.  Ideology is for the handful of idiots needed to put their lives on the line.  The rest can be handled with the one two punch of money and power.  And that's what we see with the amnesty Senators. The money comes from International Banksters and Big Business.  The power comes from having a position, bought with enormous amounts of cash, in the New World Order. Ideology is the facade that hides the enormity of this global power play.
Gary Edwards

A brief bit of history concerning the posting on the "Liberty in the Breach" blog - 1 views

The content for the Liberty in the Breach (http://goo.gl/AAFJ9) blog is posted directly from a Diigo.com group called "Socialism and the End of the American Dream". So yes, this groups bookmarking...

started by Gary Edwards on 08 Jul 13 no follow-up yet
Paul Merrell

GCHQ taps fibre-optic cables for secret access to world's communications | UK news | guardian.co.uk - 0 views

  • Britain's spy agency GCHQ has secretly gained access to the network of cables which carry the world's phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).The sheer scale of the agency's ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.One key innovation has been GCHQ's ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.
  • GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user's access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.The existence of the programme has been disclosed in documents shown to the Guardian by the NSA whistleblower Edward Snowden as part of his attempt to expose what he has called "the largest programme of suspicionless surveillance in human history"."It's not just a US problem. The UK has a huge dog in this fight," Snowden told the Guardian. "They [GCHQ] are worse than the US."
  • However, on Friday a source with knowledge of intelligence argued that the data was collected legally under a system of safeguards, and had provided material that had led to significant breakthroughs in detecting and preventing serious crime.Britain's technical capacity to tap into the cables that carry the world's communications – referred to in the documents as special source exploitation – has made GCHQ an intelligence superpower.By 2010, two years after the project was first trialled, it was able to boast it had the "biggest internet access" of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand.UK officials could also claim GCHQ "produces larger amounts of metadata than NSA". (Metadata describes basic information on who has been contacting whom, without detailing the content.)By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: "We have a light oversight regime compared with the US".
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  • When it came to judging the necessity and proportionality of what they were allowed to look for, would-be American users were told it was "your call".The Guardian understands that a total of 850,000 NSA employees and US private contractors with top secret clearance had access to GCHQ databases.
  • For the 2 billion users of the world wide web, Tempora represents a window on to their everyday lives, sucking up every form of communication from the fibre-optic cables that ring the world.The NSA has meanwhile opened a second window, in the form of the Prism operation, revealed earlier this month by the Guardian, from which it secured access to the internal systems of global companies that service the internet.The GCHQ mass tapping operation has been built up over five years by attaching intercept probes to transatlantic fibre-optic cables where they land on British shores carrying data to western Europe from telephone exchanges and internet servers in north America.This was done under secret agreements with commercial companies, described in one document as "intercept partners".The papers seen by the Guardian suggest some companies have been paid for the cost of their co-operation and GCHQ went to great lengths to keep their names secret. They were assigned "sensitive relationship teams" and staff were urged in one internal guidance paper to disguise the origin of "special source" material in their reports for fear that the role of the companies as intercept partners would cause "high-level political fallout".
  • The GCHQ documents that the Guardian has seen illustrate a constant effort to build up storage capacity at the stations at Cheltenham, Bude and at one overseas location, as well a search for ways to maintain the agency's comparative advantage as the world's leading communications companies increasingly route their cables through Asia to cut costs. Meanwhile, technical work is ongoing to expand GCHQ's capacity to ingest data from new super cables carrying data at 100 gigabits a second. As one training slide told new users: "You are in an enviable position – have fun and make the most of it."
  • The categories of material have included fraud, drug trafficking and terrorism, but the criteria at any one time are secret and are not subject to any public debate. GCHQ's compliance with the certificates is audited by the agency itself, but the results of those audits are also secret.An indication of how broad the dragnet can be was laid bare in advice from GCHQ's lawyers, who said it would be impossible to list the total number of people targeted because "this would be an infinite list which we couldn't manage".There is an investigatory powers tribunal to look into complaints that the data gathered by GCHQ has been improperly used, but the agency reassured NSA analysts in the early days of the programme, in 2009: "So far they have always found in our favour".
  • Historically, the spy agencies have intercepted international communications by focusing on microwave towers and satellites. The NSA's intercept station at Menwith Hill in North Yorkshire played a leading role in this. One internal document quotes the head of the NSA, Lieutenant General Keith Alexander, on a visit to Menwith Hill in June 2008, asking: "Why can't we collect all the signals all the time? Sounds like a good summer project for Menwith."By then, however, satellite interception accounted for only a small part of the network traffic. Most of it now travels on fibre-optic cables, and the UK's position on the western edge of Europe gave it natural access to cables emerging from the Atlantic.
  • The processing centres apply a series of sophisticated computer programmes in order to filter the material through what is known as MVR – massive volume reduction. The first filter immediately rejects high-volume, low-value traffic, such as peer-to-peer downloads, which reduces the volume by about 30%. Others pull out packets of information relating to "selectors" – search terms including subjects, phone numbers and email addresses of interest. Some 40,000 of these were chosen by GCHQ and 31,000 by the NSA. Most of the information extracted is "content", such as recordings of phone calls or the substance of email messages. The rest is metadata.
  • "The criteria are security, terror, organised crime. And economic well-being. There's an auditing process to go back through the logs and see if it was justified or not. The vast majority of the data is discarded without being looked at … we simply don't have the resources."However, the legitimacy of the operation is in doubt. According to GCHQ's legal advice, it was given the go-ahead by applying old law to new technology. The 2000 Regulation of Investigatory Powers Act (Ripa) requires the tapping of defined targets to be authorised by a warrant signed by the home secretary or foreign secretary.However, an obscure clause allows the foreign secretary to sign a certificate for the interception of broad categories of material, as long as one end of the monitored communications is abroad. But the nature of modern fibre-optic communications means that a proportion of internal UK traffic is relayed abroad and then returns through the cables.
  • British spy agency collects and stores vast quantities of global email messages, Facebook posts, internet histories and calls, and shares them with NSA, latest documents from Edward Snowden reveal
  •  
    Note particularly that the Brit criteria adds economic data to the list of categories categories the NSA trawls for and shares its data with the U.S. NSA. Both agencies claim to be targeting foreigners, so now we're into the "we surveil your citizens; you surveil our citizens, then we'll share the results" scenario that leaves both sides of the pond with a superficial excuse to say "we don't surveil our own citizens, just foreigners." But it's just ring-around-the-rosy. 850,000 NSA employees and U.S. private contractors with access to GCHQ surveillance databases.  Lots more in the article that I didn't highlight.
Gary Edwards

The End of the Middle Class is The End of America - 0 views

Financial expert Porter Stansberry recently posted the following commentary at The Project to Restore America. Chilling stuff. The number speak for themselves. This comes from Porter's newslette...

Porter-Stansberry financial-collapse Federal-Reserve-Bankster-Cartel

started by Gary Edwards on 27 Jun 13 no follow-up yet
Paul Merrell

What the Third Circuit Said in Hassan v. City of New York | Just Security - 0 views

  • In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s Muslim surveillance program. The decision is important not only for the New Jersey plaintiffs who brought the case, but also for its analysis of several legal issues that have dogged efforts to obtain judicial review of surveillance programs.
  • The threshold issue in Hassan was whether the plaintiffs had alleged injury sufficient to establish standing to bring claims that the NYPD’s surveillance of Muslim communities in New Jersey violated the equal protection clause of the Fourteenth Amendment as well as the free exercise and establishment clauses of the First Amendment. The Third Circuit ruled that the fundamental injury alleged by the plaintiffs — unequal treatment on the basis of religion — was sufficient to keep them in court. The court rejected as “too cramped,” the City’s contention that discrimination is only actionable when it results in deprivation of “a tangible benefit like college admission or Social Security.”
  • One of the most remarkable aspects of the lower court’s dismissal of Hassan was its acceptance of the City’s argument that any injury to the plaintiffs was not fairly traceable to the police. Rather, defendants argued, it was the fault of the Associated Press, which published a Pulitzer Prize-winning investigation of the NYPD’s surveillance of Muslim communities in New York and New Jersey. The court described this position — variants of which have been articulated in the wake of Snowden’s disclosures as well — as “What you don’t know can’t hurt you. And, if you do know, don’t shoot us. Shoot the messenger.” The Third Circuit wasn’t buying it. The primary injury alleged was discrimination, which was caused by the City, not than the press.
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  • Next up was the lower court’s dismissal of the case on the grounds that the plaintiffs had failed to state a claim. The plaintiffs had alleged that the NYPD’s surveillance program was facially discriminatory because it targeted Muslims. In response, the City had demanded information about “when, by whom, and how the policy was enacted and where it was written down.” But the court found the plaintiffs had met their burden, alleging specifics about the program “including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed because of the belief ‘that Muslim religious identity … is a permissible proxy for criminality.’” In other words, the plaintiffs had sufficiently alleged a facially discriminatory policy even when they couldn’t identify a piece of paper on which it was memorialized. For civil rights lawyers concerned that cases like Iqbal and Twombly are closing off avenues for civil rights litigation, the Third Circuit holding provides some comfort. A key issue in the case was the NYPD’s intent in monitoring Muslims. The City had successfully argued below that it “could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.” Its motive, the City argued, was counterterrorism, not treating Muslims differently. The problem with this argument, the Third Circuit explained, was that the City was mixing up “intent” and “motive.” The intent inquiry focuses on whether a person acts intentionally rather than accidentally, while the motive inquiry focuses on why a person acts. “[E]ven if NYPD officers were subjectively motivated by a legitimate law enforcement purpose … they’ve intentionally discriminated if they wouldn’t have surveilled Plaintiffs had they not been Muslim,” the court concluded.
  • The court then turned to whether, assuming differential treatment, the NYPD program was nevertheless justified on security or public safety grounds. It began its inquiry by examining the appropriate standard of review, concluding that it was appropriate to apply heightened scrutiny to religion-based classifications under the equal protection clause rather than simply to examine whether the City had a rational basis for its actions. Even though religious affiliation, unlike race, is capable of being changed, the Third Circuit agreed with many of its sister courts that it was of such fundamental importance that people should not be required to change their faith.
  • New York City had argued that the surveillance program met the heightened scrutiny standard because it was necessary to meet the threat of terrorism. In support, the City put forward its oft-repeated argument that a “comprehensive understanding of the makeup of the community would help the NYPD figure out where to look — and where not to look — in the event it received information that an Islamist radicalized to violence may be secreting himself in New Jersey.” The court was not convinced that this was a sufficiently close fit with the goal, finding that the City failed to meet its burden of rebutting the presumption of unconstitutionality created by plausible allegation of discrimination. Harking back to the World War II internment of Japanese Americans
  • the Third Circuit cautioned: No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights … Given that “unconditional deference to [the] government[’s] … invocation of ‘emergency’ … has a lamentable place in our history,” the past should not preface yet again bending our constitutional principles merely because an interest in national security is invoked.
  • Lastly, the Third Circuit rejected as “threadbare” the City’s argument that plaintiffs First Amendment free exercise and establishment clause claims failed because they did not allege “overt hostility and prejudice.” As with the equal protection claims, it was not necessary for plaintiffs to demonstrate animus. *     *     * In conclusion, the court reminded us that the targeting of Muslims, which has been a leitmotif of US security policy, was not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that “[l]oyalty is a matter of the heart and mind[,] not race, creed, or color.”
Paul Merrell

Saudi Arabia in Search of a New Course | nsnbc international - 0 views

  • Saudi Arabia, one of the wealthiest countries in the world, is experiencing serious financial problems. The ongoing plummeting of oil prices is forcing the Saudis to be more careful with money. Tens of billions of dollars invested abroad are making a return to the kingdom. In July 2015, Saudi Arabia’s authorities, for the first time in 8 years, issued governmental bonds worth $4 bn.
  • Bloomberg reports that Saudi Arabia has already withdrawn $50-70 bn, which it had previously invested worldwide through management companies. It is noteworthy that the country has been withdrawing funds for the past six months. For example, Saudi Arabia’s SAMA Foreign Holdings reached its maximum in August 2014, having amounted to $737 bn. But since then, the fund has been shrinking because oil prices have dropped more than twice in this period. Saudi Arabia’s budget deficit is forecast to reach 20%; however, reduction of expenditures still remains a sensitive topic. In the context of the continuous fall in oil prices, Riyadh has worked out a plan to gradually reduce public spending to cope with a sharp decrease in budget revenues caused by the slumping oil prices. For example, Saudi Arabia’s Ministry of Finance has issued an order prescribing all state companies to temporary stop hiring new employees and launching new projects until the end of the fiscal year. In addition, the government procurement of new cars and furniture has also been put on hold as well as the signing and approval of new lease agreements for state institutions and enterprises. The expropriation of plots of land for the purpose of the subsequent extraction of oil has also been suspended throughout the country. The Ministry of Finance has, at the same time, demanded an acceleration in the collection procedure of oil revenues.
  • “To prove that the country indeed has a sound fiscal discipline, the government has to take steps to cut expenditures in the 4th quarter. Subsequently Saudi Arabia will be compelled to find new ways to reduce expenditures and boost efficiency in order to assure there will be no budget deficit in 2016,” John Sfakianakis, Director of the Middle East Division of the Ashmore Group, said in his interview to Bloomberg. It should be pointed out in that regard that oil revenues comprise about 90% of Saudi Arabia’s budget, and the landslide of oil prices of over 40% within the last 12 months adversely affected the country’s financial standing. And, although the kingdom’s debt burden remains one of the lowest in the world (less than 2% of the GDP), the kingdom’s international assets have been consistently shrinking for the last nine months and reached a two year minimum. This situation directly influences the policy of OPEC since Saudi Arabia (which extracts almost 30% of the OPEC’s oil, positions itself as an extremely influential raw material supplier, maintains powerful military forces, and has its own global ambitions, immense resources and substantial diplomatic experience) de facto plays the role of the shadow leader of this organization. At times siding with the US, and then pursuing its own interests, the kingdom has assumed such an influential position in the international community that other countries revere its opinion, and as for the last oil crisis, Saudi Arabia is seen as its key player.
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  • And, based on the information provided by the international mass media, the Saudi leadership has split in their opinion on whether to continue funding Syria or to begin reducing their financial commitment. “Riyadh is facing a choice: to give more support to the moderate opposition or to look for a compromise,” an American expert on national security, James Farvell, wrote in The National Interest. The expert explained that if Saudis offer more support, that would trigger a confrontation with Russia, but if they side with Moscow, Russia’s regional influence might be reinforced and that might, in turn, challenge Saudi Arabia’s interests. Because of this dilemma, controversial information regarding Saudi’s decisions are appearing in the press. On the one hand, Saudi Arabia was one of the first to condemn Russia after the beginning of the Russian military operation in Syria on September 30. It accused Russia of bombing the troops of moderate opposition instead of ISIS. “These attacks resulted in the deaths of numerous innocent victims. We call for a stop it immediately,” demagogically and groundlessly said the representative of Saudi Arabia Abdallah al-Muallimi in the UN. Simultaneously 53 religious leaders signed an online appeal to support a jihad against the Syrian authorities as well as the presence of Russia and Iran in this country. They appealed to the countries of the Muslim world to render “moral, financial, military and political support to those who are called the ‘holy warriors of Syria’.” The authors of the appeal explicitly stated that if they fail, the other Sunni states in the region, and, first of all, Saudi Arabia will be the next victims.
  • With reference to a high-ranking Saudi official who wished to remain anonymous, the BBC stated that armed groups of the so-called moderate opposition would receive new, high-tech weapons, including tank destroyers. Jaish al-Fath, The Free Syrian Army and The Southern Front moderate opposition groups will also receive support. According to the source, it is quite likely that the “moderate opposition” in Syria will receive surface-to-air systems as well. Keeping in mind that Russia is carrying out air strikes across not only the facilities of ISIS, but also the above listed groups, a scenario when Saudis turn their weapon against Russian aviation is quite possible. On the other hand, a curious document, apparently a copy of the instructions issued for the embassies of Saudi Arabia in the Middle Eastern countries, has been uploaded to the Internet. The main idea of the documents is that all the diplomatic representative offices should gradually cease financial support of the armed Syrian opposition, apparently owing to the low efficiency of militants’ activities. The authenticity of the document raises certain doubts, as is always the case with such documents. However, specialists in the Arabic language concluded that the text was written by a native speaker, and that the document’s design conforms to the style adopted in Saudi Arabia. It shouldn’t be ruled out that the drying up of the source of funding, that militants used to receive from the Saudis, against the backdrop of a certain degree of success of the government troops as well as the increasing military and technical assistance to Syria on the part of Russia, have convinced many “oppositionists” to surrender and change masters. This process is expected to only accelerate in the future.
  • On Sunday, October 11, the Defense Minister, Mohammed bin Salman, visited Sochi. The search for common ground on the issues related to the situation in Syria was the main theme of the meeting held by the son of the Saudi king and Vladimir Putin. The parties also discussed the prospects of their economic cooperation. And, since Saudi Arabia is currently experiencing certain financial difficulties and is in the “clutches” of economic uncertainty, this topic was of a special interest. It was the second visit to the Russian Federation of the Saudi prince, who currently carries out sensitive missions related to the complex relations between the two countries. It should be noted that King of Saudi Arabia Salman bin Abdulaziz Al Saud has been admitted to hospital in a critical condition and is currently being kept in the intensive care unit of the King Faisal royal hospital in Riyadh.
Paul Merrell

The Alamo II: Texans Up in Arms over TransCanada Land Grab - 0 views

  • Texans are having nightmares of a Niger Delta nature, and while they have always been the friends of Big Oil, TransCanada is changing the rules of the game in a legally-aided land grab that will test just how tough Texans are.
  • The lawsuits against TransCanada are piling up to the dismay of the Keystone XL pipeline project, which has been beleaguered by political, socio-economic, environmental and legal woes at every step from its US origins in Montana to its final destination point in south Texas. No one thought Texas would be part of the problem: Texans love their pipelines. Why the change of heart, then? The simplest answer is that Texans love their pipelines because Big Oil has been paying big bucks for the privilege of running them through Texas farmland, but TransCanada is bullying them out of their fair share. This is how it works: TransCanada makes an unacceptably low offer for the land it needs; the landowner rejects the offer; TransCanada gets the land condemned in court; then it legally acquires the land for a fraction of its original offer. Condemning land is not a new tactic by Big Oil, but while US oil companies have traditionally kept this to a minimum, TransCanada has taken far too much advantage of this legal loophole to get what it wants. According to CNBC.com, the Canadian company has so far condemned over 100 tracts of land out of the 800 tracts it has acquired for the pipeline in Texas.
  • Since Texans are being forced to give up their land for peanuts for the bigger picture “common good”, let’s look at why they aren’t buying it and why they don’t feel any less patriotic for their opinion. (Common good in this case meaning “national interest”)
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  • First of all, Texans point out that TransCanada is a foreign company that does not feel obliged necessarily to use American steel for its pipeline construction. According to media reports, a large percentage of the steel used for construction is imported. They also balk at the idea that much of the tar sands oil refined it Texas will be exported via the Gulf of Mexico. If the US is going to export its crude oil that should mean that it is producing more than it needs. In other words, the US must achieve oil independence before it starts exporting oil; otherwise it’s moving away from rather than toward independence. Every good Texan knows this. The US is producing about 6.2 million bpd this year, and consuming twice that. To the Texan mind, foreign-company plus exports does not add up to a reduction of US independence on foreign oil. It only adds up to revenues for TransCanada and Big Oil.
  • What is most interesting is that Texans will end up making Keystone XL a bipartisan issue. Previously, anyone who balked at Keystone XL environmental and socio-economic risks was a tree-hugging hippie. Anyone supporting Keystone XL was a Big Oil “yes man” with no respect for the environment. With Texans now up in arms over Keystone XL thanks to TransCanada, the debate will metamorphose into something more rational. The Texans, in their own unique way, will bring legitimacy to this debate. After all, no one could accuse them of being tree-hugging liberals. Texans want Keystone, they want pipelines, but they won’t stand for being cut out of the “common good” equation. To this end, some landowners are opening the gates to activists to stage protests, and this has so far ended in a handful of arrests.
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    Keep your eye on this battle. It sounds like the same conditions that led to the farmer uprising over the Minnesota Powerline Project in the late 70s. < http://en.wikipedia.org/wiki/CU_project_controversy#Organizations_formed_to_fight_the_power_line >.   In that fiasco, farmers occupied tower construction sites, tore down towers, shot out over 10K power line insulators, and sprayed hog manure on the state police using manure spreaders, on and on. And the establishment couldn't get a single criminal conviction because juries simply refused to find accused protesters guilty. A good time was had by all. 'Twas a marvelous rebellion, going well beyond passive resistance to include rampant sabotage. Will Texas farmers and ranchers follow that lead? It sounds like they may be.    
Paul Merrell

McCain Met ISIS Chief in 2013, Now Asks Turkey to Stop Attacking Syrian Kurds - nsnbc international | nsnbc international - 0 views

  • U.S. Senator John McCain, Chairman of the Senate’s Armed Services Committee, called on Turkey to stop attacking Syrian Kurds. The committee is set to review the participation of US forces in the battle for Raqqa, Syria, without invitation from the Syrian government or authorization by a UN Security Council resolution. Ironically, in April 2013, McCain illegally&nbsp;snuck into&nbsp;Syria to hold a meeting with US-backed “rebels” including ISIS-chief al-Baghdadi.
  • Speaking to the press on Thursday US Senator John McCain (R-AZ), Chairman of the Senate Armed Services Committee, called on Turkey to stop its attacks on Syrian Kurds. More specifically, the so-called Syrian Democratic Forces, dominated by the US-backed Syrian Kurdish PYG and its military wings the YPG and the all female YPJ.&nbsp;The committee will review the participation of US forces in the battle for Raqqa. Turkey considers the PYG as a terrorist organization allied to the (Russian and in part Iranian-backed) PKK. Turkish military forces have repeatedly clashed with YPG / YPJ forces after Turkey, in October 17, invaded the region around Manbij, allegedly to fight the Islamic State (ISIS, ISIL, Daesh). Local sources, however, reported to nsnbc that ISIS has largely withdrawn from the region a week in advance of Turkey’s invasion, and that Turkish military forces, backed by the so-called Free Syrian Army, intermingled with Jabhat fatah al-Sham (a.k.a. al-Nusrah)were primarily engaging Kurdish forces.
  • Speaking to the press about his position and the Committee’s deliberations about the participation of US forces in operations in Raqqa, McCain said: “The United States has a longstanding relationship with Turkey, but a series of recent events have raised concerns about the fundamentals of our relations. … I have long argued that the Obama administration’s feckless approach to Syria has contributed to a strategic disaster on Turkey’s doorstep. … The Turkish government’s continued attacks on Syrian Kurds are destabilizing and troubling. … These Kurdish fighters have shown themselves to be willing and capable partners in the fight against the Islamic State in Syria, and our continued cooperation serves the national security interests of both the United States and other countries in the region, including Turkey … I urge the Turkish government to refrain from further attacks against Kurdish groups in Syria. …
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  • Another indicator for attempts to put additional US boots on the ground in Syria, in violation of international law is a statement made by Lieutenant General Stephen Townsend, the commander of Operation Inherent Resolve said on Thursday. Townsend said: “The only force that is capable on any near frame — near-term timeline — is&nbsp;the Syrian Democratic Forces, of which the YPG are a significant portion. .. We’re negotiating, we’re planning, we’re having talks with Turkey and we’re gonna take this in steps. … We think there’s an imperative to get isolation in place around Raqqa because our intelligence feeds tell us that there are significant external operations attacks planning going on […] in Raqqa. … We think it’s very important to get isolation in place around Raqqa to start controlling that environment on a pretty short timeline. So, we’re gonna take the force that we have and we will go to Raqqa soon with that force.. … The Syrian Democratic Forces, including the Kurdish YPG and the Syrian Arab Corps, will all be part of the force that goes [to] Raqqa.” Ironically, U.S. Senator John McCain was caught red-handed in plotting with U.S.-backed Syrian “rebels” including Islamic State leader al-Baghdadi in April 2013, although, al-Baghdadi actually comes from Iraq. McCain’s problem was that images from the covert meeting in a safe house were intercepted (see top-image) and that other “rebels” couldn’t resist posting “selfies” including McCain on social media. McCain attempted to brush off allegations that he was aware that al-Baghdadi was present at the safe house in Idlib. Former members of the U.S. Senate’s Foreign Security Service told nsnbc that McCain’s excuse is preposterous and utterly inconsistent with even the most basic intelligence and security protocols that are observed when a Senator travels to a foreign country, especially during covert missions.
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    The upcoming battle for Raqqa in Syria is shaping up to be the possible trigger point for American and American-backed forces shooting down Russian military aircraft. Let's keep an eye on it.
Paul Merrell

Saudi Press Just Accuses US Govt Of Carrying Out 9/11 Attacks - 0 views

  • In response to the U.S. Senate’s unanimous vote to allow 9/11 victims’ families to sue Saudi Arabia in federal court, a report published in the London-based Al-Hayat daily, by Saudi legal expert Katib al-Shammari, claims that the U.S. masterminded the terror attacks as a means of creating a nebulous “enemy” in order garner public support for a global war on terror. The report by al-Shammari, translated by the Middle East Media Research Institute (MEMRI), claims that long-standing American policy is “built upon the principle of advance planning and future probabilities,” which the U.S. has now turned toward the Saudi regime after being successfully employed against first the Taliban and al-Qaeda, then Saddam Hussein and his secular Baathist controlled Iraq. Al-Shammari claims the recent U.S. threats to “expose” documents implicating the Saudi government are simply the continuation of a U.S. policy, which he refers to as “victory by means of archive.” He highlights that during the initial invasion of Iraq, under George H.W. Bush, Saddam Hussein was left alive and in power to be used as “a bargaining chip,” but upon deciding that he was “no longer an ace up their sleeve” Washington moved to topple his government and install a U.S.-backed ruling party.
  • The terrorist attacks of 9/11 are now the “ace up the sleeve” of the U.S. government, according to al-Shammari. “September 11 is one of winning cards in the American archives, because all the wise people in the world who are experts on American policy and who analyze the images and the videos [of 9/11] agree unanimously that what happened in the [Twin] Towers was a purely American action, planned and carried out within the U.S. Proof of this is the sequence of continuous explosions that dramatically ripped through both buildings… Expert structural engineers demolished them with explosives, while the planes crashing [into them] only gave the green light for the detonation – they were not the reason for the collapse. But the U.S. still spreads blame in all directions. [This policy] can be dubbed ‘victory by means of archives.” The impetus behind the attacks, writes al-Shammari, was to create “an obscure enemy – terrorism – which became what American presidents blamed for all their mistakes” and that would provide justification for any “dirty operation” in any nation. According to al-Shammari’s report in Al-Hayat: “On September 11, the U.S. attained several victories at the same time, that [even] the hawks [who were at that time] in the White House could not have imagined. Some of them can be enumerated as follows:
  • 1. The U.S. created, in public opinion, an obscure enemy – terrorism – which became what American presidents blamed for all their mistakes, and also became the sole motivation for any dirty operation that American politicians and military figures desire to carry out in any country. [The] terrorism [label] was applied to Muslims, and specifically to Saudi Arabia. 2. Utilizing this incident [9/11], the U.S. launched a new age of global armament. Everyone wanted to acquire all kinds of weapons to defend themselves and at the same time battle the obscure enemy, terrorism – [even though] up to this very moment we do not know the essence of this terrorism of which the U.S. speaks, except [to say that] that it is Islamic… 3. The U.S. made the American people choose from two bad options: either live peacefully [but] remain exposed to the danger of death [by terrorism] at any moment, or starve in safety, because [the country’s budget will be spent on sending] the Marines even as far as Mars to defend you.” The Saudi press has been in a frenzy since the unanimous Senate vote to allow for the House of Saud to be held liable in U.S. federal court for the 9/11 attacks, with the U.S. being accused of being in alliance with Iran – to press warnings that passage of the “Satanic” bill would “open the gates of hell,” as reported by Breitbart.
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  • Al-Shammari makes extremely clear that he views the problem as the U.S. imperial machine itself, stating, “the nature of the U.S. is that it cannot exist without an enemy.” The nature of the U.S. is that it cannot exist without an enemy… [For example,] after a period during which it did not fight anyone [i.e. following World War II], the U.S. created a new kind of war – the Cold War… Then, when the Soviet era ended, after we Muslims helped the religions and fought Communism on their [the Americans’] behalf, they began to see Muslims as their new enemy! The U.S. saw a need for creating a new enemy – and planned, organized, and carried this out [i.e. blamed Muslims for terrorism]. This will never end until it [the U.S.] accomplishes the goals it has set for itself. While it seems fighting Islamic terrorism is great for increasing fear and State propaganda meant to elicit compliant civilian populations that passively accept loss of liberty for promises of greater security, the military-industrial complex needs a bigger enemy to justify their $600 billion dollar-a-year budgets, thus beginning the transition to labeling Russia/China as “aggressive Russia/China,” in an effort to begin to pivot away from one bogeyman to other, more profitable, ones.
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    Has the ring of plausability to it although it seems to ignore the Israeli role. 
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