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Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo defense linguist | The Miami Herald The Miami Herald - 0 views

www.miamiherald.com/...article9765239.html

war & peace 9-11 terrorists™ litigation CIA torture black-sites translator

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
  • Paul Merrell on 13 Feb 15
     
    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Paul Merrell

Court upholds NSA snooping | TheHill - 0 views

thehill.com/...385-court-upholds-nsa-snooping

surveillance state NSA litigation Jewel

shared by Paul Merrell on 12 Feb 15 - No Cached
  • A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.
  • But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.
  • The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 
  • Paul Merrell on 12 Feb 15
     
    The article should have mentioned that the decision was on cross-motions for *partial* summary judgment. The Jewel case will proceed on other plaintiff claims. 
Paul Merrell

HSBC's clients linked to dictators, arms dealers and tax dodgers | Center for Public Integrity - 0 views

www.publicintegrity.org/...s-arms-dealers-and-tax-dodgers

banksters HSBC tax-evasion leaked-docs

shared by Paul Merrell on 10 Feb 15 - No Cached
  • Secret documents reveal that global banking giant HSBC profited from doing business with arms dealers who channeled mortar bombs to child soldiers in Africa, bag men for Third World dictators, traffickers in blood diamonds and other international outlaws. The leaked files, based on the inner workings of HSBC’s Swiss private banking arm, relate to accounts holding more than $100 billion. They provide a rare glimpse inside the super-secret Swiss banking system — one the public has never seen before. The documents, obtained by the International Consortium of Investigative Journalists (ICIJ) via the French newspaper Le Monde, show the bank’s dealings with clients engaged in a spectrum of illegal behavior, especially in hiding hundreds of millions of dollars from tax authorities. They also show private records of famed soccer and tennis players, cyclists, rock stars, Hollywood actors, royalty, politicians, corporate executives and old-wealth families.
  • These disclosures shine a light on the intersection of international crime and legitimate business, and they dramatically expand what’s known about potentially illegal or unethical behavior in recent years at HSBC, one of the world’s largest banks. How the offshore banking industry shelters money and hides secrets has enormous implications for societies across the globe. Academics conservatively estimate that $7.6 trillion is held in overseas tax havens, costing government treasuries at least $200 billion a year. In many instances the records do describe questionable behavior, such as bankers advising clients on how to take a range of measures to avoid paying taxes in their home countries — and customers telling bankers that their accounts are not declared to their governments.
Paul Merrell

Chilcot report will be 'devastating' says No 10 | Daily Mail Online - 0 views

www.dailymail.co.uk/...etters-Bush-revealed-full.html

war & peace Iraq-War UK Chilcot-Inquiry

shared by Paul Merrell on 11 Feb 15 - No Cached
  • Thirty people, including Tony Blair, are set to be heavily criticised by the Chilcot Inquiry in its ‘devastating’ attack on the Iraq War.Well-placed sources say that ‘approximately 30’ people have been sent letters by chairman Sir John Chilcot warning them that they will be criticised in his report into the 2003 invasion.They include the former Prime Minister and ex-Foreign Secretary Jack Straw, as well as a host of other Labour politicians, Whitehall mandarins, diplomats and intelligence officials.The Mail on Sunday understands that Chilcot’s million-word report on the conflict is ‘largely finished’.
  • Sources close to the inquiry say its strongly worded criticisms of the way the war was handled make a nonsense of claims that it will be a ‘whitewash’.Downing Street insiders expect the report to be a ‘devastating’ indictment of the Blair Government and large sections of the Whitehall establishment.Among the most explosive parts will be the details of 30 secret letters, notes and conversations between Blair and former US President George W. Bush in the run-up to war.Contrary to earlier claims, full details of the way that Blair privately promised Bush that he would go to war against Saddam – without telling MPs and British voters – will be published. Blair and Bush are said to have ‘signed in blood’ their agreement to oust Saddam Hussein in secret talks at the President’s ranch in Crawford, Texas, a year before the start of the war.
  • Equally surprising is the disclosure of the severity of the criticism meted out to those responsible for the war. A source said: ‘The suggestion that it is going to be a whitewash is quite wrong. Downing Street expects it to be devastating.
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  • ‘It is also wrong to say Chilcot will only publish the gist of what Blair said. His words will be published word for word.’‘There will be redactions where appropriate but it will be quite clear to see what he said and what he meant. Bush’s comments will be less detailed but that is necessary as it is not up to Britain to publish details of what a US President says.’ Sir John fought a dogged battle with Cabinet Secretary Gus O’Donnell and his successor Jeremy Heywood to win approval to publish the comments. O’Donnell refused to give way and it took Sir John a year to force Heywood to agree.
  • The dispute over publishing the confidential communications between the two leaders is the main reason for the delay in publishing the findings of the inquiry, which was set up in 2009.It meant Sir John could not fulfil until recently his duty to send so-called ‘Maxwell letters’ to those whom he intends to criticise in his report. Some of the 30 or so have received letters running into hundreds of pages. One individual is said to have received a 1,200-page letter from the inquiry.
  • Paul Merrell on 11 Feb 15
     
    This is starting to sound like a best-seller.
Paul Merrell

Leaked cables show Netanyahu's Iran bomb claim contradicted by Mossad | World news | The Guardian - 0 views

www.theguardian.com/...les-netanyahu-iran-bomb-mossad

war & peace Iranian-nukes-myth Mossad Netanyahu-speech negotiations

shared by Paul Merrell on 24 Feb 15 - No Cached
  • Read the leaked document here
  • Binyamin Netanyahu’s dramatic declaration to world leaders in 2012 that Iran was about a year away from making a nuclear bomb was contradicted by his own secret service, according to a top-secret Mossad document. It is part of a cache of hundreds of dossiers, files and cables from the world’s major intelligence services – one of the biggest spy leaks in recent times
  • But in a secret report shared with South Africa a few weeks later, Israel’s intelligence agency concluded that Iran was “not performing the activity necessary to produce weapons”. The report highlights the gulf between the public claims and rhetoric of top Israeli politicians and the assessments of Israel’s military and intelligence establishment.
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  • The disclosure comes as tensions between Israel and its staunchest ally, the US, have dramatically increased ahead of Netanyahu’s planned address to the US Congress on 3 March. The White House fears the Israeli leader’s anticipated inflammatory rhetoric could damage sensitive negotiations between Tehran and the world’s six big powers over Iran’s nuclear programme. The deadline to agree on a framework is in late March, with the final settlement to come on 30 June. Netanyahu has vowed to block an agreement he claims would give Iran access to a nuclear weapons capability.
  • The Mossad briefing about Iran’s nuclear programme in 2012 was in stark contrast to the alarmist tone set by Netanyahu, who has long presented the Iranian nuclear programme as an existential threat to Israel and a huge risk to world security. The Israeli prime minister told the UN: “By next spring, at most by next summer, at current enrichment rates, they will have finished the medium enrichment and move[d] on to the final stage. From there, it’s only a few months, possibly a few weeks before they get enough enriched uranium for the first bomb.”
Paul Merrell

New Authorization for Use of Military Force?, and More from CRS - 0 views

fas.org/...new-aumf-crs

war & peace ISIL legislation U.S.-foreign-policy Syria Iraq

shared by Paul Merrell on 22 Oct 14 - No Cached
  • New publications from the Congressional Research Service that Congress has withheld from online public disclosure include the following. A New Authorization for Use of Military Force Against the Islamic State: Comparison of Current Proposals in Brief, October 21, 2014
  • Paul Merrell on 22 Oct 14
     
    Overview of pending legislation (multiple bills) to authorize use of U.S. military force against ISIL. Table of contents: The IS Crisis and the U.S. Response ............................................................................................... 1 Presidential Authority to Use Military Force Against the Islamic State .......................................... 1 2001 Post-9/11 Authorization for Use of Military Force ........................................................... 1 2002 Authorization for Use of Military Force Against Iraq ...................................................... 2 Presidential Authority Under Article II of the Constitution ....................................................... 2 Calls for a New AUMF Targeting the Islamic State ........................................................................ 3 Current IS AUMF Proposals ............................................................................................................ 3 Scope of Force and Military Activities Authorized ................................................................... 4 Targeted Entities .................................................................................................................. 5 Purpose of Authorization ..................................................................................................... 5 Conditions on Use of Military Force ................................................................................... 6 Limitations on Use of Military Force .................................................................................. 6 Repeal of Previous AUMFs ................................................................................................. 7 Reporting and Certification Requirements .......................................................................... 8 War Powers Resolution and Expedited Consideration Provisions ...................................... 8 Tables  Table 1. Proposed Authorizations
Paul Merrell

Jerusalem at boiling point of polarisation and violence - EU report | World news | The Guardian - 0 views

www.theguardian.com/...isation-and-violence-eu-report

war & peace Israel EU-sanctions report

shared by Paul Merrell on 23 Mar 15 - No Cached
  • A hard-hitting EU report on Jerusalem warns that the city has reached a dangerous boiling point of “polarisation and violence” not seen since the end of the second intifada in 2005. Calling for tougher European sanctions against Israel over its continued settlement construction in the city – which it blames for exacerbating recent conflict – the leaked document paints a devastating picture of a city more divided than at any time since 1967, when Israeli forces occupied the east of the city. The report has emerged amid strong indications that the Obama administration is also rethinking its approach to Israel and the Middle East peace process following the re-election of Binyamin Netanyahu as Israel’s prime minister. According to reports in several US papers, this may include allowing the passage of a UN security council resolution restating the principle of a two-state solution. The leaked report describes the emergence of a “vicious cycle of violence … increasingly threatening the viability of the two-state solution”, which it says has been stoked by the continuation of “systematic” settlement building by Israel in “sensitive areas” of Jerusalem.
  • For its part, Israel rejects the charge of illegal settlement-building in Jerusalem, claiming the city as its “undivided capital”. Among the recommendations in the report are: Potential new restrictions against “known violent settlers and those calling for acts of violence as regards immigration regulations in EU member states”. Further coordinated steps to ensure consumers in the EU are able to exercise their right to informed choice in respect of settlement products in line with existing EU rules. New efforts to raise awareness among European businesses about the risks of working with settlements, and the advancement of voluntary guidelines for tourism operators to prevent support for settlement business.
  • The disclosure of the 2014 report – which suggests a series of potential punitive measures targeting extremist settlers and settlement products – comes days after Israeli elections which saw Netanyahu emerge as the decisive victor.
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  • According to well-informed European sources, the report – now being discussed in Brussels – reflects a strong desire from European governments for additional measures against Israel over its continued settlement-building, and comes at a time when Europe is confronting “the new reality” of a new and potentially more rightwing Netanyahu government. The report also follows a period of growing frustration within the EU over the moribund state of the peace process, which collapsed last year, and pressure to adopt a harder line over issues such as settlement-building. Since Netanyahu’s victory on Tuesday, speculation has been mounting that both the US and the EU are looking for alternative and tougher strategies to push forward the stalled peace process.
Paul Merrell

Clinton Foundation's Deep Financial Ties to Ukrainian Oligarch Revealed | Global Research - 0 views

www.globalresearch.ca/...5438165

Auction 2016 Hillary Clinton-Foundation foreign-donations

shared by Paul Merrell on 25 Mar 15 - No Cached
  • Fortunately, I did decide to take a look and pretty soon my jaw absolutely hit the floor. Although the Wall Street Journal didn’t play up the connection, I was stunned to see that of all the oligarchs connected to foreign governments who donated to the Clinton Foundation while she was Secretary of State, Ukraine was at the very top. I thought this to be strange, but as I read on I just couldn’t believe how connected the main donor was to the current regime in power. Considering this is the main geopolitical hotspot on earth right now, many, many questions need to be asked.
  • Let’s also recall some of the more shady aspects of the new government in Ukraine by taking a look back at the post, Made in the USA – How the Ukrainian Government is Giving Away Citizenships so Foreigners Can Run the Country [17]. Here are a few excerpts:
  • Claims that the new government in Ukraine is nothing more than a Western puppet Parliament have been swirling around consistently since February. Nevertheless, I think it’s very significant that the takeover is now overt, undeniable and completely out in the open. Nothing proves this fact more clearly than the recent and sudden granting of citizenship to three foreigners so that they can take top posts in the government. At the top of the list is American, Natalie Jaresko, who runs private equity fund Horizon Capital. She will now be Ukraine’s Finance Minister, and I highly doubt she will be forced to pay the IRS Expatriation Tax [18] (one set of laws for the rich and powerful, another set of laws for the peasants). For Economy Minister, a Lithuanian investment banker, Aivaras Abromavicius, will take the reins. Health Minister will be Alexander Kvitashvili of Georgia. Now read the following from the WSJ [14]:
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  • The Clinton Foundation swore off donations from foreign governments when Hillary Clinton was secretary of state. That didn’t stop the foundation from raising millions of dollars from foreigners with connections to their home governments, a review of foundation disclosures shows. Some donors have direct ties to foreign governments. One is a member of the Saudi royal family. Another is a Ukrainian oligarch and former parliamentarian. Others are individuals with close connections to foreign governments that stem from their business activities. Their professed policy interests range from human rights to U.S.-Cuba relations. All told, more than a dozen foreign individuals and their foundations and companies were large donors to the Clinton Foundation in the years after Mrs. Clinton became secretary of state in 2009, collectively giving between $34 million and $68 million, foundation records show. Some donors also provided funding directly to charitable projects sponsored by the foundation, valued by the organization at $60 million.
  • Former President Bill Clinton promised the Obama administration the foundation wouldn’t accept most foreign-government donations while his wife was secretary of state. The agreement didn’t place limits on donations from foreign individuals or corporations. Between 2009 and 2013, including when Mrs. Clinton was secretary of state, the Clinton Foundation received at least $8.6 million from the Victor Pinchuk Foundation, according to that foundation, which is based in Kiev, Ukraine. It was created by Mr. Pinchuk, whose fortune stems from a pipe-making company. He served two terms as an elected member of the Ukrainian Parliament and is a proponent of closer ties between Ukraine and the European Union. In 2008, Mr. Pinchuk made a five-year, $29 million commitment to the Clinton Global Initiative, a wing of the foundation that coordinates charitable projects and funding for them but doesn’t handle the money. The pledge was to fund a program to train future Ukrainian leaders and professionals “to modernize Ukraine,” according to the Clinton Foundation. Several alumni are current members of the Ukrainian Parliament. Actual donations so far amount to only $1.8 million, a Pinchuk foundation spokesman said, citing the impact of the 2008 financial crisis. During Mrs. Clinton’s time at the State Department, Mr. Schoen, the pollster, registered as a lobbyist for Mr. Pinchuk, federal records show. Mr. Schoen said he and Mr. Pinchuk met several times with Clinton aides including Melanne Verveer, a Ukrainian-American and then a State Department ambassador-at-large for global women’s issues. The purpose, Mr. Schoen said, was to encourage the U.S. to pressure Ukraine’s then-President Viktor Yanukovych to free his jailed predecessor, Yulia Tymoshenko.
  • Mr. Schoen said his lobbying was unrelated to the donations. “We were not seeking to use any leverage or any connections or anything of the sort relating to the foundation,” he said. Please Schoen, don’t piss on my leg and tell me it’s raining.
Paul Merrell

Documents Reveal Canada's Secret Hacking Tactics - The Intercept - 0 views

firstlook.org/...acking-cyberwar-secret-arsenal

surveillance state CSE NSA false-flag social media

shared by Paul Merrell on 24 Mar 15 - No Cached
  • Canada’s electronic surveillance agency has secretly developed an arsenal of cyberweapons capable of stealing data and destroying adversaries’ infrastructure, according to newly revealed classified documents. Communications Security Establishment, or CSE, has also covertly hacked into computers across the world to gather intelligence, breaking into networks in Europe, Mexico, the Middle East and North Africa, the documents show. The revelations, reported Monday by CBC News in collaboration with The Intercept, shine a light for the first time on how Canada has adopted aggressive tactics to attack, sabotage and infiltrate targeted computer systems. The latest disclosures come as the Canadian government debates whether to hand over more powers to its spies to disrupt threats as part of the controversial anti-terrorism law, Bill C-51.
  • Christopher Parsons, a surveillance expert at the University of Toronto’s Citizen Lab, told CBC News that the new revelations showed that Canada’s computer networks had already been “turned into a battlefield without any Canadian being asked: Should it be done? How should it be done?” According to documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden, CSE has a wide range of powerful tools to perform “computer network exploitation” and “computer network attack” operations. These involve hacking into networks to either gather intelligence or to damage adversaries’ infrastructure, potentially including electricity, transportation or banking systems. The most well-known example of a state-sponsored “attack” operation involved the use of Stuxnet, a computer worm that was reportedly developed by the United States and Israel to sabotage Iranian nuclear facilities. One document from CSE, dated from 2011, outlines the range of methods the Canadian agency has at its disposal as part of a “cyber activity spectrum” to both defend against hacking attacks and to perpetrate them. CSE says in the document that it can “disable adversary infrastructure,” “control adversary infrastructure,” or “destroy adversary infrastructure” using the attack techniques. It can also insert malware “implants” on computers to steal data.
  • According to one top-secret NSA briefing paper, dated from 2013, Canada is considered an important player in global hacking operations. Under the heading “NSA and CSEC cooperate closely in the following areas,” the paper notes that the agencies work together on “active computer network access and exploitation on a variety of foreign intelligence targets, including CT [counter terrorism], Middle East, North Africa, Europe, and Mexico.” (The NSA had not responded to a request for comment at time of publication. The agency has previously told The Intercept that it “works with foreign partners to address a wide array of serious threats, including terrorist plots, the proliferation of weapons of mass destruction, and foreign aggression.”) Notably, CSE has gone beyond just adopting a range of tools to hack computers. According to the Snowden documents, it has a range of “deception techniques” in its toolbox. These include “false flag” operations to “create unrest,” and using so-called “effects” operations to “alter adversary perception.” A false-flag operation usually means carrying out an attack, but making it look like it was performed by another group — in this case, likely another government or hacker. Effects operations can involve sending out propaganda across social media or disrupting communications services. The newly revealed documents also reveal that CSE says it can plant a “honeypot” as part of its deception tactics, possibly a reference to some sort of bait posted online that lures in targets so that they can be hacked or monitored.
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  • The apparent involvement of CSE in using the deception tactics suggests it is operating in the same area as a secretive British unit known as JTRIG, a division of the country’s eavesdropping agency, Government Communications Headquarters, or GCHQ. Last year, The Intercept published documents from Snowden showing that the JTRIG unit uses a range of effects operations to manipulate information online, such as by rigging the outcome of online polls, sending out fake messages on Facebook across entire countries, and posting negative information about targets online to damage their reputations.
Paul Merrell

Cybersecurity Information Sharing: A Legal Morass, Says CRS - 0 views

fas.org/...info-sharing-crs

cybersecurity legislation CRS nuclear-weapons

shared by Paul Merrell on 25 Mar 15 - No Cached
  • Several pending bills would promote increased sharing of cybersecurity-related information — such as threat intelligence and system vulnerabilities — in order to combat the perceived rise in the frequency and intensity of cyber attacks against private and government entities. But such information sharing is easier said than done, according to a new report from the Congressional Research Service, because it involves a thicket of conflicting and perhaps incompatible laws and policy objectives. “The legal issues surrounding cybersecurity information sharing… are complex and have few certain resolutions.” A copy of the CRS report was obtained by Secrecy News. See Cybersecurity and Information Sharing: Legal Challenges and Solutions, March 16, 2015. Cyber information sharing takes at least three different forms: the release of cyber intelligence from government to the private sector, information sharing among private entities, and the transfer of threat information from private entities to government agencies.
  • “While collectively these three variants on the concept of cyber-information sharing have some commonalities, each also raises separate legal challenges that may impede cyber-intelligence dissemination more generally,” said the CRS report, which examines the legal ramifications of each category in turn. Among the concerns at issue are: the potential for liability associate with disclosure of cybersecurity information, inappropriate release of private information through open government laws, loss of intellectual property, and potential compromise of personal privacy rights. All of these create a legal morass that may be unreconcilable. “A fundamental question lawmakers may need to contemplate is how restrictions that require close government scrutiny and control over shared cyber-information can be squared with other goals of cyber-information sharing legislation, like requirements that received information be disseminated in an almost instantaneous fashion,” the CRS report said.
  • “Ultimately, because the goals of cyber-information legislation are often diametrically opposed, it may simply be impossible for information sharing legislation to simultaneously promote the rapid and robust collection and dissemination of cyber-intelligence by the federal government, while also ensuring that the government respects the property and privacy interests implicated by such information sharing,” the report said. Other new or newly updated CRS reports that Congress has withheld from public distribution include the following. Cybersecurity: Authoritative Reports and Resources, by Topic, March 13, 2015
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  • U.S. Strategic Nuclear Forces: Background, Developments, and Issues, March 18, 2015
Gary Edwards

Ukraine's Oligarchs Turn on Each Other | Consortiumnews - 0 views

consortiumnews.com/...s-oligarchs-turn-on-each-other

Ukraine Corporate-Oligarchs Banksters

shared by Gary Edwards on 25 Mar 15 - No Cached
  • n the never-never land of how the mainstream U.S. press covers the Ukraine crisis, the appointment last year of thuggish oligarch Igor Kolomoisky to govern one of the country’s eastern provinces was pitched as a democratic “reform” because he was supposedly too rich to bribe, without noting that his wealth had come from plundering the country’s economy.In other words, the new U.S.-backed “democratic” regime, after overthrowing democratically elected President Viktor Yanukovych because he was “corrupt,” was rewarding one of Ukraine’s top thieves by letting him lord over his own province, Dnipropetrovsk Oblast, with the help of his personal army.
  • Last year, Kolomoisky’s brutal militias, which include neo-Nazi brigades, were praised for their fierce fighting against ethnic Russians from the east who were resisting the removal of their president. But now Kolomoisky, whose financial empire is crumbling as Ukraine’s economy founders, has turned his hired guns against the Ukrainian government led by another oligarch, President Petro Poroshenko.Last Thursday night, Kolomoisky and his armed men went to Kiev after the government tried to wrest control of the state-owned energy company UkrTransNafta from one of his associates. Kolomoisky and his men raided the company offices to seize and apparently destroy records. As he left the building, he cursed out journalists who had arrived to ask what was going on. He ranted about “Russian saboteurs.”It was a revealing display of how the corrupt Ukrainian political-economic system works and the nature of the “reformers” whom the U.S. State Department has pushed into positions of power. According to BusinessInsider, the Kiev government tried to smooth Kolomoisky’s ruffled feathers by announcing “that the new company chairman [at UkrTransNafta] would not be carrying out any investigations of its finances.”
  • Yet, it remained unclear whether Kolomoisky would be satisfied with what amounts to an offer to let any past thievery go unpunished. But if this promised amnesty wasn’t enough, Kolomoisky appeared ready to use his private army to discourage any accountability.On Monday, Valentyn Nalyvaychenko, chief of the State Security Service, accused Dnipropetrovsk officials of financing armed gangs and threatening investigators, Bloomberg News reported, while noting that Ukraine has sunk to 142nd place out of 175 countries in Transparency International’s Corruptions Perception Index, the worst in Europe.The see-no-evil approach to how the current Ukrainian authorities do business relates as well to Ukraine’s new Finance Minister Natalie Jaresko, who appears to have enriched herself at the expense of a $150 million U.S.-taxpayer-financed investment fund for Ukraine.
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  • Regarding Kolomoisky’s claim about “Russian saboteurs,” the government said that was not the case, explaining that the clash resulted from the parliament’s vote last week to reduce Kolomoisky’s authority to run the company from his position as a minority owner. As part of the shakeup, Kolomoisky’s protégé Oleksandr Lazorko was fired as chairman, but he refused to leave and barricaded himself in his office, setting the stage for Kolomoisky’s arrival with armed men.On Tuesday, the New York Times reported on the dispute but also flashed back to its earlier propagandistic praise of the 52-year-old oligarch, recalling that “Mr. Kolomoisky was one of several oligarchs, considered too rich to bribe, who were appointed to leadership positions in a bid to stabilize Ukraine.”Kolomoisky also is believed to have purchased influence inside the U.S. government through his behind-the-scenes manipulation of Ukraine’s largest private gas firm, Burisma Holdings. Last year, the shadowy Cyprus-based company appointed Vice President Joe Biden’s son, Hunter Biden, to its board of directors. Burisma also lined up well-connected lobbyists, some with ties to Secretary of State John Kerry, including Kerry’s former Senate chief of staff David Leiter, according to lobbying disclosures.
  • Jaresko, a former U.S. diplomat who received overnight Ukrainian citizenship in December to become Finance Minister, had been in charge of the Western NIS Enterprise Fund (WNISEF), which became the center of insider-dealing and conflicts of interest, although the U.S. Agency for International Development showed little desire to examine the ethical problems – even after Jaresko’s ex-husband tried to blow the whistle. [See Consortiumnews.com’s “Ukraine Finance Minister’s American ‘Values.’”]Passing Out the BillionsJaresko will be in charge of dispensing the $17.5 billion that the International Monetary Fund is allocating to Ukraine, along with billions of dollars more expected from U.S. and European governments.
  • As Time magazine reported, “Leiter’s involvement in the firm rounds out a power-packed team of politically-connected Americans that also includes a second new board member, Devon Archer, a Democratic bundler and former adviser to John Kerry’s 2004 presidential campaign. Both Archer and Hunter Biden have worked as business partners with Kerry’s son-in-law, Christopher Heinz, the founding partner of Rosemont Capital, a private-equity company.”According to investigative journalism in Ukraine, the ownership of Burisma has been traced to Privat Bank, which is controlled by Kolomoisky.So, it appears that Ukraine’s oligarchs who continue to wield enormous power inside the corrupt country are now circling each other over what’s left of the economic spoils and positioning themselves for a share of the international bailouts to come.
  • As for “democratic reform,” only in the upside-down world of the State Department’s Orwellian “information war” against Russia over Ukraine would imposing a corrupt and brutal oligarch like Kolomoisky as the unelected governor of a defenseless population be considered a positive.(Early Wednesday morning, President Poroshenko dismissed Kolomoisky from his post as Dnipropetrovsk regional governor.)
  • Paul Merrell on 25 Mar 15
     
    Another of the greatest U.S. exports: corruption.
  • Gary Edwards on 26 Mar 15
     
    Corporate oligarchs leading private but well armed armies in raids against the Ukrainian government holdings - controlled by other corporate oligarchs? This article dives into the mess that the USA and European NATO allies have stirred in the Ukraine, and through this lens we get to see what the world will look like when corporate oligarchs and their Bankster masters rule the world. The article is revealing, but it fails to connect the corporatist to the Banks that are sending in billions of dollars. The connection instead is made to the democratic governments intent on pushing the world into world war 3. Nor is there much mention of the oil and natural gas pipeline and supply geographics that dominate battlefields from the Ukraine, to Syria, Iraq and Lybia. The New World Order needs a third World War if it's to truly overturn the fragile post World War II economic order loosely based on free market capitalism, individual liberty and democratic governance. The end of national sovereignty, religious and cultural identities has one more hurdle. And there is no doubt in my mind that the elites are ready to jump that hurdle. World War III has spread from the middle east to middle Europe. Best we all hold on. .................. "Exclusive: Ukraine's post-coup regime is facing what looks like a falling-out among thieves as oligarch-warlord Igor Kolomoisky, who was given his own province to rule, brought his armed men to Kiev to fight for control of the state-owned energy company, further complicating the State Department's propaganda efforts, reports Robert Parry. In the never-never land of how the mainstream U.S. press covers the Ukraine crisis, the appointment last year of thuggish oligarch Igor Kolomoisky to govern one of the country's eastern provinces was pitched as a democratic "reform" because he was supposedly too rich to bribe, without noting that his wealth had come from plundering the country's economy. In other words, the new U.S.-b
Paul Merrell

CFPB Determined to Regulate Billion Dollar Payday Loan Industry - Top US & World News | Susanne Posel - 0 views

www.occupycorporatism.com/...on-dollar-payday-loan-industry

banksters payday-lenders CFPB regulation

shared by Paul Merrell on 27 Mar 15 - No Cached
  • The Consumer Financial Protection Bureau (CFPB) has a new set of rules aimed at preventing payday loan operations from targeting low-income borrowers who will be buried by high fees and rising debt loads. Payday loans are traditionally a loan of $500 or less wherein the borrower “provides a personal check dated on their next payday for the full balance or give the lender permission to debit their bank accounts. The total includes charges often ranging from $15 to $30 per $100 borrowed. Interest-only payments, sometimes referred to as rollovers, are common.” Using these lenders to make ends meet, borrowers are taken advantage of which has traditionally been a state regulatory issue. However now the federal government will be stepping in to curb this extortive multibillion dollar industry. Fees from payday loans can quickly accumulate, causing some borrowers to “lose their bank accounts and cars, or even risk prison time”.
  • Richard Corday, director of the CFPB, said: “Extending credit to people in a way that sets them up to fail and ensnares considerable numbers of them in extended debt traps, is simply not responsible lending.” These new rules cover payday loans, vehicle loans, loans using a car as collateral and various other forms of high-cost lending. Enders will be responsible for making sure debtors can repay the loan in full on time before extending the loan by checking their income, borrowing history, previous financial obligations and any other indicators that the borrower would most likely default or roll over the loan. • A 60 day respite between loans • Lenders must provide affordable repayment options • Loans cannot exceed $500 • Loans cannot have multiple finance charges • Loans cannot use a vehicle as collateral Regulations on interest rates and repayments as a share of income include mandatory capping off to prevent run-a-way fees.
  • Back in February, the CFPB warned about the payday loan industry which is largely unregulated and functions outside of proper oversight and accountability. The CFPB estimates that the $46 billion payday loan or cash advance industry has no oversight, refuses to give full disclosures of interest and fees involved, and takes an annual percentage of an excess of 300% against borrowers. The Consumer Federation of America (CFA) counts 32 states in the US that “permit payday loans at triple-digit interest rates, or with no rate cap at all.” Shockingly 80% of payday loans are rolled over within 14 days while an estimated 50% of these loans are “in a sequence at least 10 loans long.”
  • Paul Merrell on 27 Mar 15
     
    The first sentence if false; no rules have been adopted or even been published. In fact, these aren't even formal rule proposals or advance notice of public rulemaking, all of which must be poublished in the Federal Register, per the Administrative Procedures Act.   The Bureau is still in the information gathering stage.
Paul Merrell

Judge sticks by decision to release Guantánamo force-feeding videos | Miami Herald - 0 views

www.miamiherald.com/...article41626458.html

GITMO-detainees force-feeding videos litigation disclosure-order

shared by Paul Merrell on 28 Oct 15 - No Cached
  • With some sharp words for the Obama administration, a federal judge on Tuesday declined to second-guess her earlier decision ordering the release of videos of a Guantánamo detainee being force-fed. While acknowledging that more appeals are on the way in the long-running case, U.S. District Judge Gladys Kessler said in her nine-page decision that nothing has happened to change her mind about the videos. She first ordered their release in October 2014.
  • “What the government is really saying is that its classification system trumps the decisions of the federal courts as to the public’s access to official court records,” Kessler wrote. “In other words, the Executive Branch (in this case, the military) purports to be a law unto itself.” 11 hours: the prison camp videos the judge ordered redacted then released, a year ago Kessler added that “the government’s justifications for barring the American public from seeing the videotapes are not sufficiently rational and plausible to justify barring release of the videotapes.” Sixteen media organizations, including the New York Times, Associated Press and McClatchy, have joined in seeking release of the Guantánamo tapes to the public on First Amendment grounds.
Paul Merrell

National security bill opens the door to expanded control orders and secret evidence | nsnbc international - 0 views

nsnbc.me/...rol-orders-and-secret-evidence

civil-liberties Australia secret-evidence litigation

shared by Paul Merrell on 16 Nov 15 - No Cached
  • On Thursday, Attorney-General George Brandis introduced a new national security bill into the Senate. This is the fifth tranche of national security legislation to be introduced into parliament since July 2014.
  • This bill includes a host of new measures designed to address the evolving threat posed by terrorism. These include: a new offence of advocacy of genocide; amendments to the control order regime, so it applies to persons 14 years and older, and new measures to monitor controlees; and clarification of the basis for issuing a preventative detention order. But the bill’s most concerning aspect is the proposal to expand the secrecy provisions available to courts in control order proceedings. Keeping national security information secret in court Since 2004, legislation has been in place to deal with information that is likely to prejudice national security in federal court proceedings. This legislation created a special closed hearing procedure to determine whether national security information could be disclosed in court and, if so, in what form. This process regulates disclosure between the parties – that is, who gets to see what.
  • The bill expands this by creating special provisions that allow the court to consider sensitive material that the controlee and legal representative have not seen in proceedings to impose, confirm or vary a control order. It provides that a court can consider all of the information: contained in an original source document in control order proceedings, even where the controlee and their legal representative have been provided with only a redacted or summarised form of the document; contained in an original source document in control order proceedings, even where the controlee and their legal representative have not been provided with any information contained in the original source document; and provided by a witness, even where the information provided by the witness is not disclosed to the controlee or their legal representative. The bill’s effect is to allow secret evidence into control order proceedings.
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  • “Secret evidence” is that which is not disclosed to an affected party and their legal representative. It is not new. A successful claim of public interest immunity, for example, results in secret material being excluded from the evidence presented in court. What is new in the anti-terror context is legislation that allows the courts to rely on secret evidence in control order proceedings.
  • Paul Merrell on 16 Nov 15
     
    Australia, along with the UK, cotinues its steady march to the right on national security matters. The admissibility of secret evidence in judicial proceedings is antithetical to notions of Due Process and a fair trial, as well as to public oversight of judicial proceedings.  
Paul Merrell

Steven Salaita settles lawsuit with Univ. of Illinois | The Electronic Intifada - 0 views

electronicintifada.net/...-settles-lawsuit-univ-illinois

war & peace Israel Palestine Salatia litigation settlement BDS

shared by Paul Merrell on 13 Nov 15 - No Cached
  • Steven Salaita will not be reinstated under the terms of an out of court settlement with the University of Illinois. The deal will pay Salaita $875,000 – about ten times the annual salary he would have received as a tenured professor in the American Indian Studies program at the university’s flagship Urbana-Champaign campus. “This settlement is a vindication for me, but more importantly, it is a victory for academic freedom and the First Amendment,” Salaita said in a release from his legal counsel, the Center for Constitutional Rights and the law firm Loevy & Loevy. The settlement brings an end to Salaita’s breach of contract lawsuit against university trustees and administrators over his August 2014 firing because of his tweets excoriating Israel’s attack on Gaza. Salaita had sought reinstatement as well as financial damages.
  • The university statement said Salaita would receive a lump sum of $600,000, while the remaining amount would cover his legal fees.
  • Salaita’s case became a cause celebre for academic freedom, highlighting the role of pro-Israel donors in pressuring university administrators. Thousands of academics pledged to boycott the university until he was reinstated. The Salaita affair devastated and demoralized the university’s celebrated American Indian Studies program, leading to the departure of several faculty. His firing also earned the University of Illinois a formal censure from the American Association of University Professors for violating academic freedom, a rare rebuke and severe blow to its reputation.
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  • Salaita had scored successes in the early phases of his federal lawsuit. In August, US District Judge Harry Leinenweber backed Salaita’s contention that he had a binding contract with the university. Yet there was never a guarantee that even if he won at trial that the court would order his reinstatement. In September, the judge found that university officials had destroyed emails that may have contained key evidence Salaita needed to prove his case. This came after sensational revelations that top officials, including then Chancellor Phyllis Wise, had been using private email accounts to discuss the case and evade disclosure laws. Wise and another official, Provost Ilesanmi Adesida, resigned in disgrace, adding to the disarray at the frequently scandal-plagued state university.
  • In August, Salaita took up a year-long post as Edward W. Said Chair of American Studies at the American University of Beirut.
Paul Merrell

Financiers linked to George Soros donate to Kasich campaign - RT USA - 0 views

www.rt.com/...financiers-george-soros-kasich

Auction 2016 Kasich Soros donations

shared by Paul Merrell on 14 Feb 16 - No Cached
  • Fresh off a second-place primary finish in New Hampshire, Republican presidential candidate John Kasich has come under more scrutiny, particularly for donations to his PAC New Day for America made by two fund managers who made billions for George Soros. Scott Bessent and Stanley Druckenmiller contributed $588,375 to the Ohio governor’s “soft money” fund, according to Federal Election Commission records.Druckenmiller donated a total of $103,375 to Jeb Bush’s Super PAC Right to Rise and $100,000 to America Leads, a PAC supporting New Jersey Governor Chris Christie, who dropped out of the race after a poor showing in Tuesday’s primary.Bessent was Soros’s chief investment manager until December of last year, while Stanley Druckenmiller manages a $4.5 billion hedge fund in which $2 billion of Soros’ money is invested.
  • Druckenmiller was lead fund manager for Soros from 1998 to 2000, and together they “broke” the Bank of England in 1992 when Soros dumped £10 billion, leading to the currency’s devaluation and $1 billion in profit for him.Ohio Governor John Kasich came in second in the New Hampshire primary with 15.8 percent of the vote, edging out Ted Cruz with 11.7, but falling well-behind Donald Trump’s 35.3.Kasich spent 18 years in Congress before becoming a managing director for Lehman Brothers from 2001 until their collapse in 2008. He also hosted a program for the Fox News Channel.These donations have been getting a lot of attention because Soros is usually known for his support of Democratic candidates and progressive causes.
Paul Merrell

File Says N.S.A. Found Way to Replace Email Program - The New York Times - 0 views

www.nytimes.com/...d-after-nsa-program-ended.html

surveillance state NSA email-surveilllance lies

shared by Paul Merrell on 20 Nov 15 - No Cached
  • When the National Security Agency’s bulk collection of records about Americans’ emails came to light in 2013, the government conceded the program’s existence but said it had shut down the effort in December 2011 for “operational and resource reasons.” While that particular secret program stopped, newly disclosed documents show that the N.S.A. had found a way to create a functional equivalent. The shift has permitted the agency to continue analyzing social links revealed by Americans’ email patterns, but without collecting the data in bulk from American telecommunications companies — and with less oversight by the Foreign Intelligence Surveillance Court.
  • The disclosure comes as a sister program that collects Americans’ phone records in bulk is set to end this month. Under a law enacted in June, known as the U.S.A. Freedom Act, the program will be replaced with a system in which the N.S.A. can still gain access to the data to hunt for associates of terrorism suspects, but the bulk logs will stay in the hands of phone companies.The newly disclosed information about the email records program is contained in a report by the N.S.A.’s inspector general that was obtained by The New York Times through a lawsuit under the Freedom of Information Act. One passage lists four reasons that the N.S.A. decided to end the email program and purge previously collected data. Three were redacted, but the fourth was uncensored. It said that “other authorities can satisfy certain foreign intelligence requirements” that the bulk email records program “had been designed to meet.”The report explained that there were two other legal ways to get such data. One was the collection of bulk data that had been gathered in other countries, where the N.S.A.’s activities are largely not subject to regulation by the Foreign Intelligence Surveillance Act and oversight by the intelligence court. Because of the way the Internet operates, domestic data is often found on fiber optic cables abroad.
  • The N.S.A. had long barred analysts from using Americans’ data that had been swept up abroad, but in November 2010 it changed that rule, documents leaked by Edward J. Snowden have shown. The inspector general report cited that change to the N.S.A.’s internal procedures.The other replacement source for the data was collection under the FISA Amendments Act of 2008, which permits warrantless surveillance on domestic soil that targets specific noncitizens abroad, including their new or stored emails to or from Americans.“Thus,” the report said, these two sources “assist in the identification of terrorists communicating with individuals in the United States, which addresses one of the original reasons for establishing” the bulk email records program.
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  • Timothy Edgar, a privacy official in the Office of the Director of National Intelligence in both the George W. Bush and Obama administrations who now teaches at Brown University, said the explanation filled an important gap in the still-emerging history of post-Sept. 11, 2001, surveillance. Advertisement Continue reading the main story Advertisement Continue reading the main story “The document makes it clear that N.S.A. is able to get all the Internet metadata it needs through foreign collection,” he said. “The change it made to its procedures in 2010 allowed it to exploit metadata involving Americans. Once that change was made, it was no longer worth the effort to collect Internet metadata inside the United States, in part because doing so requires N.S.A. to deal with” restrictions by the intelligence court.Observers have previously suggested that the N.S.A.’s November 2010 rules change on the use of Americans’ data gathered abroad might be connected to the December 2011 end of the bulk email records program. Marcy Wheeler of the national security blog Emptywheel, for example, has argued that this was probably what happened.
  • And officials, who spoke on the condition of anonymity to discuss sensitive collection programs, have said the rules change and the FISA Amendments Act helped make the email records program less valuable relative to its expense and trouble. The newly disclosed documents amount to official confirmation.
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

www.justsecurity.org/...lk-collection-ended-whats-next

surveillance state NSA-reform 215 bulk-collection EO-12333

shared by Paul Merrell on 01 Dec 15 - No Cached
  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
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  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
Paul Merrell

A Secret Catalogue of Government Gear for Spying on Your Cellphone - 0 views

theintercept.com/...r-for-spying-on-your-cellphone

surveillance state surveillance-devices catalog

shared by Paul Merrell on 18 Dec 15 - No Cached
  • HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.
  • The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.
  • ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.
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  • “We’ve seen a trend in the years since 9/11 to bring sophisticated surveillance technologies that were originally designed for military use — like Stingrays or drones or biometrics — back home to the United States,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation, which has waged a legal battle challenging the use of cellphone surveillance devices domestically. “But using these technologies for domestic law enforcement purposes raises a host of issues that are different from a military context.”
  • But domestically the devices have been used in a way that violates the constitutional rights of citizens, including the Fourth Amendment prohibition on illegal search and seizure, critics like Lynch say. They have regularly been used without warrants, or with warrants that critics call overly broad. Judges and civil liberties groups alike have complained that the devices are used without full disclosure of how they work, even within court proceedings.
Paul Merrell

The NYPD's X-Ray Vans - The Atlantic - 0 views

www.theatlantic.com/...411181

shared by Paul Merrell on 25 Oct 15 - No Cached
  • In New York City, the police now maintain an unknown number of military-grade vans outfitted with X-ray radiation, enabling cops to look through the walls of buildings or the sides of trucks. The technology was used in Afghanistan before being loosed on U.S. streets. Each X-ray van costs an estimated $729,000 to $825,000.The NYPD will not reveal when, where, or how often they are used.
  • Here are some specific questions that New York City refuses to answer:How is the NYPD ensuring that innocent New Yorkers are not subject to harmful X-ray radiation? How long is the NYPD keeping the images that it takes and who can look at them? Is the NYPD obtaining judicial authorization prior to taking images, and if so, what type of authorization? Is the technology funded by taxpayer money, and has the use of the vans justified the price tag? Those specifics are taken from a New York Civil Liberties Union court filing. The legal organization is seeking to assist a lawsuit filed by Pro Publica journalist Michael Grabell, who has been fighting New York City for answers about X-ray vans for 3 years.“ProPublica filed the request as part of its investigation into the proliferation of security equipment, including airport body scanners, that expose people to ionizing radiation, which can mutate DNA and increase the risk of cancer,” he explained. (For fear of a terrorist “dirty bomb,” America’s security apparatus is exposing its population to radiation as a matter of course.)
  • A state court has already ruled that the NYPD has to turn over policies, procedures, and training manuals that shape uses of X-rays; reports on past deployments; information on the costs of the X-ray devices and the number of vans purchased; and information on the health and safety effects of the technology. But New York City is fighting on appeal to suppress that information and more, as if it is some kind of spy agency rather than a municipal police department operating on domestic soil, ostensibly at the pleasure of city residents.Its insistence on extreme secrecy is part of an alarming trend. The people of New York City are effectively being denied the ability to decide how they want to be policed.
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  • For all we know, the NYPD might be bombarding apartment houses with radiation while people are inside or peering inside vehicles on the street as unwitting passersby are exposed to radiation. The city’s position—that New Yorkers have no right to know if that is happening or not—is so absurd that one can hardly believe they’re taking it. These are properly political questions. And it’s unlikely a target would ever notice. “Once equipped, the van—which looks like a standard delivery van—takes less than 15 seconds to scan a vehicle,” Fox News reported after looking at X-ray vans owned by the federal government. “It can be operated remotely from more than 1,500 feet and can be equipped with optional technology to identify radioactivity as well.”
  • And since the technology can see through clothing, it is easy to imagine a misbehaving NYPD officer abusing it if there are not sufficient safeguards in place. Trusting the NYPD to choose prudent, sufficient safeguards under cover of secrecy is folly. This is the same department that spent 6 years conducting surveillance on innocent Muslims Americans in a program so unfocused that it produced zero leads—and that has brutalized New York City protestors on numerous occasions. Time and again it’s shown that outside oversight is needed.Lest readers outside New York City presume that their walls still stand between them and their local law enforcement agency, that isn’t necessarily the case. Back in January, in an article that got remarkably little attention, USA Today reported the following:
  • At least 50 U.S. law enforcementagencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance. Those agencies, including the FBI and the U.S. Marshals Service, began deploying the radar systems more than two years ago with little notice to the courts and no public disclosure of when or how they would be used. The technology raises legal and privacy issues because the U.S. Supreme Court has said officers generally cannot use high-tech sensors to tell them about the inside of a person's house without first obtaining a search warrant. The radars work like finely tuned motion detectors, using radio waves to zero in on movements as slight as human breathing from a distance of more than 50 feet. They can detect whether anyone is inside of a house, where they are and whether they are moving.
  • Paul Merrell on 25 Oct 15
     
    About the technology from the patent holder's web site: http://as-e.com/resource-center/technology/z-backscatter/ Example photos of the Z Backspatter Vans and examples of X-Ray photos taken with it. https://goo.gl/MO1TVi  Forty percent higher radiation than airport security scanners. with a range of over a thousand feet. 12-seconds to conduct a scan.  
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