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Paul Merrell

Huge swath of GCHQ mass surveillance is illegal, says top lawyer | UK news | The Guardian - 0 views

  • GCHQ's mass surveillance spying programmes are probably illegal and have been signed off by ministers in breach of human rights and surveillance laws, according to a hard-hitting legal opinion that has been provided to MPs.The advice warns that Britain's principal surveillance law is too vague and is almost certainly being interpreted to allow the agency to conduct surveillance that flouts privacy safeguards set out in the European convention on human rights (ECHR).The inadequacies, it says, have created a situation where GCHQ staff are potentially able to rely "on the gaps in the current statutory framework to commit serious crime with impunity".
  • Last year, Hague told MPs: "It has been suggested GCHQ uses our partnership with the US to get around UK law, obtaining information that they cannot legally obtain in the UK. I wish to be absolutely clear that this accusation is baseless."However, the legal advice poses awkward new questions about the framework GCHQ operates within, the role of ministers and the legality of transferring bulk data to other spy agencies.The advice makes clear Ripa does not allow GCHQ to conduct mass surveillance on communications between people in the UK, even if the data has briefly left British shores because the call or email has travelled to an internet server overseas.
  • The legal advice has been sent to the 46 members of the all-party parliamentary group on drones, which is chaired by the Labour MP, Tom Watson.
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  • In a 32-page opinion, the leading public law barrister Jemima Stratford QC raises a series of concerns about the legality and proportionality of GCHQ's work, and the lack of safeguards for protecting privacy.
  • At its most extreme, the advice raises issues about the possible vulnerability of staff at GCHQ if it could be proved that intelligence used for US drone strikes against "non-combatants" had been passed on or supplied by the British before being used in a missile attack."An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility," the advice says.
  • The advice concludes: "In short, the rules concerning communications data are too uncertain and do not provide sufficient clarity to be in accordance with the law … we consider the mass interception of communications via a transatlantic cable to be unlawful, and that these conclusions would apply even if some or all of the interception is taking place outside UK territorial waters."Leaving decisions about whether data can be shared with agencies abroad to the "unfettered discretion" of ministers is also a probable breach of the convention, the advice warns.
  • "First, the transfer of private data is a significant interference with an individual's article 8 rights. That interference will only be lawful when proportionate."Secondly, the ECHR has held on more than one occasion that surveillance, and the use of surveillance data, is an area in which governments must conduct themselves in a transparent and 'predictable' manner. The current framework is uncertain: it relies on the discretion of one individual."Thirdly, on a pragmatic level,there is a real possibility that the NSA might function as GCHQ's unofficial 'backup' service. If GCHQ is not entitled to hold onto data itself, it might transfer it to the NSA. In time, and if relevant, that data might be transferred back to GCHQ. Without strong guidelines and scrutiny, the two services might support each other to (in effect) circumvent the requirements of their domestic legislation."The opinion adds: "If GCHQ transfers communications data to other governments it does so without any statutory restrictions. Such transfers are a disproportionate interference with the article 8 rights of the individuals concerned. There are no restrictions, checks or restraints on the transfer of that data."
  • The opinion notes that the UK has not adopted the doctrine of "anticipatory self-defence" in the same way as the US to provide legal cover for drone strikes in countries where it is not involved in an international armed conflict."Accordingly, in our view, if GCHQ transferred data to the NSA in the knowledge that it would or might be used for targeting drone strikes, that transfer is probably unlawful," the advice states."The transferor would be an accessory to murder for the purposes of domestic law … We consider that, pursuant to the transfer, the agent is likely to become an accessory to murder."Watson said he would be submitting the legal opinion to the parliamentary intelligence and security committee, which is undertaking an inquiry into mass surveillance."MPs now have strong independent advice questioning the legality of major UK intelligence programmes," he said.
  • "If ministers are prepared to allow GCHQ staff to be potential accessories to murder, they must be very clear that they are responsible for allowing it. We have seen a step change in mass covert surveillance and intelligence gathering, underpinned on dubious legal grounds and with virtually no parliamentary oversight. "The leadership of all the main parties should stop turning a blind eye to a programme that has far-reaching consequences around the globe."
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    The lawyer who wrote the opinion is a QC, or Queen's Counsel. See http://en.wikipedia.org/wiki/Queen's_Counsel This opinion *will* result in changes in UK law and oversight of GCHQ. And because much of it is based on the European Convention on Human Rights, the opinion will stoke the anti-spying sentiment in the European Community, which is already at fever-pitch. The ECHR is Europe's implementation of several U.N. treaties on human rights, so the blowback may well extend beyond the EU and UK.  
Paul Merrell

U.S. surveillance architecture includes collection of revealing Internet, phone metadata - The Washington Post - 0 views

  • On March 12, 2004, acting attorney general James B. Comey and the Justice Department’s top leadership reached the brink of resignation over electronic surveillance orders that they believed to be illegal. President George W. Bush backed down, halting secret foreign-intelligence-gathering operations that had crossed into domestic terrain. That morning marked the beginning of the end of STELLARWIND, the cover name for a set of four surveillance programs that brought Americans and American territory within the domain of the National Security Agency for the first time in decades. It was also a prelude to new legal structures that allowed Bush and then President Obama to reproduce each of those programs and expand their reach.What exactly STELLARWIND did has never been disclosed in an unclassified form. Which parts of it did Comey approve? Which did he shut down? What became of the programs when the crisis passed and Comey, now Obama’s expected nominee for FBI director, returned to private life?Authoritative new answers to those questions, drawing upon a classified NSA history of STELLARWIND and interviews with high-ranking intelligence officials, offer the clearest map yet of the Bush-era programs and the NSA’s contemporary U.S. operations.STELLARWIND was succeeded by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications, according to the interviews and documents.
  • Two of the four collection programs, one each for telephony and the Internet, process trillions of “metadata” records for storage and analysis in systems called MAINWAY and MARINA, respectively. Metadata includes highly revealing information about the times, places, devices and participants in electronic communication, but not its contents. The bulk collection of telephone call records from Verizon Business Services, disclosed this month by the British newspaper the Guardian, is one source of raw intelligence for MAINWAY.The other two types of collection, which operate on a much smaller scale, are aimed at content. One of them intercepts telephone calls and routes the spoken words to a system called ­NUCLEON.For Internet content, the most important source collection is the PRISM project reported on June 6 by The Washington Post and the Guardian. It draws from data held by Google, Yahoo, Microsoft and other Silicon Valley giants, collectively the richest depositories of personal information in history.
  • The debate has focused on two of the four U.S.-based collection programs: PRISM, for Internet content, and the comprehensive collection of telephone call records, foreign and domestic, that the Guardian revealed by posting a classified order from the Foreign Intelligence Surveillance Court to Verizon Business Services.The Post has learned that similar orders have been renewed every three months for other large U.S. phone companies, including Bell South and AT&T, since May 24, 2006. On that day, the surveillance court made a fundamental shift in its approach to Section 215 of the Patriot Act, which permits the FBI to compel production of “business records” that are relevant to a particular terrorism investigation and to share those in some circumstances with the NSA. Henceforth, the court ruled, it would define the relevant business records as the entirety of a telephone company’s call database.The Bush administration, by then, had been taking “bulk metadata” from the phone companies under voluntary agreements for more than four years. The volume of information overwhelmed the MAINWAY database, according to a classified report from the NSA inspector general in 2009. The agency spent $146 million in supplemental counterterrorism funds to buy new hardware and contract support — and to make unspecified payments to the phone companies for “collaborative partnerships.”When the New York Times revealed the warrantless surveillance of voice calls, in December 2005, the telephone companies got nervous. One of them, unnamed in the report, approached the NSA with a request. Rather than volunteer the data, at a price, the “provider preferred to be compelled to do so by a court order,” the report said. Other companies followed suit. The surveillance court order that recast the meaning of business records “essentially gave NSA the same authority to collect bulk telephony metadata from business records that it had” under Bush’s asserted authority alone.
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  • Telephone metadata was not the issue that sparked a rebellion at the Justice Department, first by Jack Goldsmith of the Office of Legal Counsel and then by Comey, who was acting attorney general because John D. Ashcroft was in intensive care with acute gallstone pancreatitis. It was Internet metadata.At Bush’s direction, in orders prepared by David Addington, the counsel to Vice President Richard B. Cheney, the NSA had been siphoning e-mail metadata and technical records of Skype calls from data links owned by AT&T, Sprint and MCI, which later merged with Verizon.For reasons unspecified in the report, Goldsmith and Comey became convinced that Bush had no lawful authority to do that.MARINA and the collection tools that feed it are probably the least known of the NSA’s domestic operations, even among experts who follow the subject closely. Yet they probably capture information about more American citizens than any other, because the volume of e-mail, chats and other Internet communications far exceeds the volume of standard telephone calls.The NSA calls Internet metadata “digital network information.” Sophisticated analysis of those records can reveal unknown associates of known terrorism suspects. Depending on the methods applied, it can also expose medical conditions, political or religious affiliations, confidential business negotiations and extramarital affairs.What permits the former and prevents the latter is a complex set of policies that the public is not permitted to see.
  • In the urgent aftermath of Sept. 11, 2001, with more attacks thought to be imminent, analysts wanted to use “contact chaining” techniques to build what the NSA describes as network graphs of people who represented potential threats.The legal challenge for the NSA was that its practice of collecting high volumes of data from digital links did not seem to meet even the relatively low requirements of Bush’s authorization, which allowed collection of Internet metadata “for communications with at least one communicant outside the United States or for which no communicant was known to be a citizen of the United States,” the NSA inspector general’s report said.Lawyers for the agency came up with an interpretation that said the NSA did not “acquire” the communications, a term with formal meaning in surveillance law, until analysts ran searches against it. The NSA could “obtain” metadata in bulk, they argued, without meeting the required standards for acquisition.Goldsmith and Comey did not buy that argument, and a high-ranking U.S. intelligence official said the NSA does not rely on it today.As soon as surveillance data “touches us, we’ve got it, whatever verbs you choose to use,” the official said in an interview. “We’re not saying there’s a magic formula that lets us have it without having it.”
  • When Comey finally ordered a stop to the program, Bush signed an order renewing it anyway. Comey, Goldsmith, FBI Director Robert S. Mueller III and most of the senior Bush appointees in the Justice Department began drafting letters of resignation.Then-NSA Director Michael V. Hayden was not among them. According to the inspector general’s classified report, Cheney’s lawyer, Addington, placed a phone call and “General Hayden had to decide whether NSA would execute the Authorization without the Attorney General’s signature.” He decided to go along.The following morning, when Mueller told Bush that he and Comey intended to resign, the president reversed himself.Three months later, on July 15, the secret surveillance court allowed the NSA to resume bulk collection under the court’s own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as “pen register, trap and trace,” that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line.
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    Note particularly the mention that the FISA Court decision to throw the doors open for government snooping was based on "pen register, trap and trace" law. As suspected, now we are into territory dealt with by the Supreme Court in the pre-internet days of 1979 In Smith v. Maryland, 442 U.S. 735 (1979), More about that next, in a bookmark also tagged with "pen-register".
Gary Edwards

Major Banksters, Governmental Officials and Their Comrade Capitalists Targets of Spire Law Group, LLP's Racketeering and Money Laundering Lawsuit Seeking Return of $43 Trillion to the United States Treasury - MarketWatch - 0 views

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    "NEW YORK, Oct. 25, 2012 /PRNewswire via COMTEX/ -- Spire Law Group, LLP's national home owners' lawsuit, pending in the venue where the "Banksters" control their $43 trillion racketeering scheme (New York) - known as the largest money laundering and racketeering lawsuit in United States History and identifying $43 trillion ($43,000,000,000,000.00) of laundered money by the "Banksters" and their U.S. racketeering partners and joint venturers - now pinpoints the identities of the key racketeering partners of the "Banksters" located in the highest offices of government and acting for their own self-interests. In connection with the federal lawsuit now impending in the United States District Court in Brooklyn, New York (Case No. 12-cv-04269-JBW-RML) - involving, among other things, a request that the District Court enjoin all mortgage foreclosures by the Banksters nationwide, unless and until the entire $43 trillion is repaid to a court-appointed receiver - Plaintiffs now establish the location of the $43 trillion ($43,000,000,000,000.00) of laundered money in a racketeering enterprise participated in by the following individuals (without limitation): Attorney General Holder acting in his individual capacity, Assistant Attorney General Tony West, the brother in law of Defendant California Attorney General Kamala Harris (both acting in their individual capacities), Jon Corzine (former New Jersey Governor), Robert Rubin (former Treasury Secretary and Bankster), Timothy Geitner, Treasury Secretary (acting in his individual capacity), Vikram Pandit (recently resigned and disgraced Chairman of the Board of Citigroup), Valerie Jarrett (a Senior White House Advisor), Anita Dunn (a former "communications director" for the Obama Administration), Robert Bauer (husband of Anita Dunn and Chief Legal Counsel for the Obama Re-election Campaign), as well as the "Banksters" themselves, and their affiliates and conduits. The lawsuit alleges serial violations of the United States Patri
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    This is the first time anyone has tried to go after the Bankster class of midievil (mediæval) elites to recover theft of funds. Charges include racketeering, fraud and international money laundering. The mass tort action is now in the Brooklyn Federal Courts. Dead bodies are starting to show up as the Banksters move to shut down press coverage. Amazing stuff.
Paul Merrell

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

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

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

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

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - The Intercept - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

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

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

John Kerry admits: some US surveillance has gone too far | World news | theguardian.com - 0 views

  • John Kerry, the US secretary of state, conceded on Thursday that some of the country's surveillance activities had gone too far, saying that certain practices had occurred "on autopilot" without the knowledge of senior officials in the Obama administration.In the most stark comments yet by a senior administration official, Kerry promised that a previously announced review of surveillance practices would be thorough and that some activities would end altogether."The president and I have learned of some things that have been happening in many ways on an automatic pilot, because the technology is there and the ability is there," he told a conference in London via video link."In some cases, some of these actions have reached too far and we are going to try to make sure it doesn't happen in the future."
  • In recent days, the Obama administration has put some distance between it and the National Security Agency (NSA). Kerry's comments are a reflection in particular of a concern about the diplomatic fallout from the revelation that the US monitored the cellphone of the German chancellor, Angela Merkel.The tactic has irritated senior intelligence officials. On Thursday evening, the director of the NSA, General Keith Alexander, blamed US diplomats for requests to place foreign leaders under surveillance.During a pointed exchange with a former US ambassador to Romania, James Carew Rosapepe, Alexander said: "We, the intelligence agencies, don't come up with the requirements. The policy-makers come up with the requirements."He added: "One of those groups would have been, let me think, hold on, oh: ambassadors."
  • Alexander said that the NSA collected information when it was asked by policy officials to discover the "leadership intentions" of foreign countries. "If you want to know leadership intentions, these are the issues," he said at a discussion hosted by the Baltimore Council on Foreign Relations.Earlier in Washington, the debate continued about whether further legal constraints should be placed on the NSA. The Senate intelligence committee approved a bill that placed largely cosmetic restrictions on the National Security Agency's domestic surveillance programme.The bill, sponsored by committee chairwoman Dianne Feinstein, a California Democrat, allows the NSA continue to collect phone metadata of millions of Americans for renewable 90-day periods, but orders it to be more transparent about the practice.
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  • The bill, which is competing with more restrictive measures from other committees, now moves forward to a full Senate vote. The stage is now set for a showdown with the USA Freedom Act, a bipartisan bill that would prohibit bulk collection of Americans' telephone records.Senator Mark Udall, a Democratic member of the Senate intelligence committee and a supporter of NSA reform, said it did not go far enough."The NSA's invasive surveillance of Americans' private information does not respect our constitutional values and needs fundamental reform, not incidental changes," he said.
  • In a separate development on Thursday, a group of technology giants called for substantial reforms to the US government's surveillance programmes. The companies were furious about revelations this week – the latest to emerge from documents leaked by the former NSA contractor Edward Snowden – that the agency had intercepted the cables that link the worldwide data centres belonging to Google and Yahoo.It was also reported that Obama had ordered the NSA to stop eavesdropping on the headquarters of the International Monetary Fund (IMF) and World Bank. Reuters cited a US official as saying the president had ordered the halt in the past few weeks.The NSA's surveillance of the IMF and World Bank has not previously been disclosed.
  • In response to Reuters inquiries, a senior Obama administration official said, "The United States is not conducting electronic surveillance targeting the headquarters of the World Bank or IMF in Washington." The Obama administration official, who spoke on condition of anonymity, did not address whether the NSA had eavesdropped on the two entities in the past.Kerry, in his comments to a conference organised by the Open Government Partnership, acknowledged that trust needed to be restored. "There is an effort to try to gather information, yes, in same cases inappropriately, and the president is now doing a thorough review, in order that nobody will have a sense of abuse," he said.Despte the cracks between the administration and the spy community, Kerry was careful to defended the motives of US intelligence agencies, insisting no "innocent people" were being abused and saying surveillance by several countries had prevented many terrorist plots.
  • A German MP said he met Snowden in Moscow on Thursday, and said the NSA whistelblower was prepared in principle to help Germany investigate allegations of surveillance by US intelligence.Hans-Christian Stroebele, a lawmaker with Germany's opposition Greens and a prominent critic of the NSA's alleged actions, told ARD television that Snowden "made clear he knows a great deal."He said Snowden would be prepared to travel to Germany and testify, "but the circumstances would have to be cleared up".
  •  
    Looks like maybe Snowden is now a hero in Germany and may be allowed to travel there. Meanwhile, the Obama Administration rats continue to desert the sinking NSA ship, but Diane Feinstein fights on to preserve mass surveillance. 
Gary Edwards

The Daily Bell - Richard Ebeling on Libertarianism, Anarchism and the Truth of Austrian Economics - 0 views

  • These are at least two conceivable methods of compelling the government to stop, or limit, its abuse of the monetary printing press.
    • Gary Edwards
       
      Ebeling proposes two methods of reining in out of control government printing of paper money.  There is a third method; one used by Lincoln and Kennedy.  This is the issuance of gold/silver/oil backed reserve notes.  The notes represent gold or silver being held on deposit, and are fully redeemable.   The value of the gold/silver or another commodity represented floats in the marketplace against goods and services.  Nor is there a fixed exchange rate for converting fiat (paper) dollars.  The market will figure those things out if left free to do so.  And that's one big big "if".
  • So the normal market pressures of downward price and wage adjustments in the recession are partly counter-acted by a new monetary expansion that is delaying the necessary re-coordination of market activities. Thus, given these two pressures, prices do not fall as much as a post-recession adjustment may require and they do not rise as much or as fast as might otherwise occur due to the renewed monetary expansion.
  • At the same time, as you correctly ask, the Federal Reserve has been paying banks a relatively low rate of interest to keep large excessive reserves in their accounts at the Federal Reserve, rather than to fully lend those excessive reserves to private borrowers. And given the low market rates of interest that Federal Reserve policy has generated, even the low rate of interest on unlent excess reserves offered to banks by the Federal Reserve appears the relatively more profitable way to use their available funds.
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  • Why has the Federal Reserve done this? They infused these two trillion dollars into the financial markets back in 2008-2010 because they feared that an economy-wide bank collapse was possible. They are afraid to reverse this monetary expansion because to do so would reduce potential bank-lending capacity and put upward pressure on interest rates at a time when the Federal Reserve wants to prevent the sluggish recovery from slowing down even more and also raise the cost of the US government's financing of its trillion dollar a year deficits. So, instead, they leave this excess bank lending power sloshing around in the system, while keeping it off the market and from causing significant new price inflationary pressures, by paying banks not to lend those vast sums.
  • Austrians argue that economics is fundamentally a science and study of "human action." It attempts to trace out the logic and implications of man's intentional conduct in selecting among ends desired and applying perceived means to try to attain them. Austrians emphasize that all human action and the social and market interactions among men occur in a setting of imperfect knowledge, inescapable degrees of uncertainty and always through the passage of time.
  • They try to explain the market processes by which men discover mutual gains from trade.
  • They emphasize that the networks of social institutions in which and through which men discover ways to coordinate their interdependent actions in complex systems of division of labor are not the creations of government edict or command; but are most often among those unintended consequences of multitudes of self-interested individual actions and interactions.
  • They have developed theories of market competition and the role of the entrepreneur as the individuals always alert to market opportunities, and whose actions tend to bring about coordination between market supplies and demands.
  • The Austrian analysis of markets, competition and prices, led them to devastating critiques of the unworkability of all forms of socialist central planning, the inherent contradictions and inconsistencies in virtually all forms of government intervention and regulation, and a theory of money and the business cycle that points the finger of responsibility for inflations and recessions at the doorstep of government monetary and fiscal policies.
  • The philosophy of liberty proclaims that each individual is unique and possessing inherent rights to his life, liberty and honestly acquired property.
  • It is not surprising that classical liberal and libertarian ideas are often attacked. After all they are the ideas that consistently oppose the current political systems of plunder, privilege and power lusting.
  • That government, if it is to exist, is to serve as the protector and guardian of our distinct individual rights, and not the master of men who are obligated to sacrifice themselves for some asserted "national interest," "general welfare," or "common good."
  • The only reasonable meaning to the "common good" or the "general welfare" is when each individual is free to peacefully live his life as he chooses and is at liberty to voluntarily associate and interact with his fellow men for mutually beneficial improvements to their lives.
  • It is virtually inevitable that those who use political power for their own gain at their neighbor's expense will vehemently resist and oppose any attempt to stop them from feeding at the government trough.
  • there is everywhere a class of plundering peoples – politicians, bureaucrats, special interest groups – receiving tax-based income redistributions and subsidies and benefiting from anti-competitive regulations and protections against and at the expense of their fellow human beings.
  • This is the great battle of the twenty-first century;
  • Austrian Economics, not surprisingly, has been attacked precisely because of its insightful and cogent analysis of how it was government intervention and central bank monetary manipulation that generated the unsustainable boom in the last decade that set the stage for the inescapable bust, which the world is still suffering from.
  • There are "natural rights" libertarians
  • "utilitarian" or "consequentialist" libertarians.
  • most convincing case for human liberty
  • Because libertarians have not agreed about this among themselves, nor have they been able to persuade enough others in society to move the world further away from the collectivist premises and the interventionist-welfare state policies that guide so much that goes on in the world.
  • I happen to have been most strongly influenced by the "natural rights" defense of liberty, and especially as formulated by Ayn Rand in her philosophy of Objectivism.
  • First, it is argued that if one believes that the use of any and all forms of coercion are morally unacceptable in human relationships, then this should also imply that any compulsory taxation, even when for the funding of defense and legal justice, is unjustifiable. And, second, it is argued that the private sector could provide such admittedly essential services far more efficiently and cost-effectively than the monopoly agency of government. Murray Rothbard and David Friedman probably have been among the most well-known and articulate proponents of the anarcho-capitalist position over the last 50 years.
  • Others like the Ayn Rand, Robert Nozick and Ludwig von Mises have made the case for constitutionally limited government. Their counter arguments have centered on the ideas that conflicts over jurisdiction, disputes among private defense agencies contracted by different individuals who have disagreements, and the likelihood that "defense" would turn out to be a "natural monopoly" anyway – that is, a tendency for one agency to end up being the single provider of defense and judicial services over a wide geographical area – raise questions about the long-run workability and sustainability of competing defense companies in society.
  • From a moral perspective, I am in sympathy with the anarcho-capitalist position, in that I find the compulsory taking of people's income and wealth without their consent for whatever reason to be ethically repugnant.
  • We should focus on what we all agree upon:
  • This means that the Supreme Court has said that you are the slave of "society" and the government that represents "the people," since, in principle, anything that you do or not do can be argued to have some affect, positive or negative, on others.
  • Think about this Court decision. It is saying that if you do not buy health insurance the government will tax you to pay for it. If you refuse to pay the tax, the government will end up attempting to seize financial assets or real property you own in lieu of failure to pay. If you try to prevent this taking of your property, you are subject to arrest and imprisonment. If you resist arrest or imprisonment, the police have the authority to force you to comply – up to and including lethal force to subdue you into obedience.
  • the freedom and dignity of the individual human being; and the attempt whenever and wherever on our part to reduce, repeal and abolish all forms of regulation, control, restriction, prohibition on the peaceful and honest affairs of our fellow men.
  • Once you accept this premise, there is no end to the minutest detail and content of your life and actions the government cannot claim jurisdiction over to regulate, control or prohibit.
  • Here is that end-of-the-road of the notion of unlimited democratic rule by "the people" and those who claim to speak for "the people" and rule on their behalf.
  • Ayn Rand, of course, rejected any connection or compatibility with libertarianism. She argued this on two grounds. First, she felt that too frequently libertarians spoke of individual freedom, free markets and limited government, but failed to explicitly and clearly ground their political-economic ideas in a demonstrable philosophy of man, nature and society.
  • Government control of money is the potentially most dangerous and damaging form of government power short of outright socialism.
  • Rand's political philosophy arises out of the "natural rights" tradition, that rights are inherent in the nature of man and precede government.
  • Mises believed that rights were, in a sense, "social conventions" that had evolved out of the discovery that certain social institutional arrangements were more conducive to the mutual betterment of all members of society for achieving their individual goals and values
  • What they did agree upon was that, given their respective conceptions of the basis of individual rights, there was no social and economic system more consistent with the protection of those rights and more likely to generate the material and cultural achievements that are potentially possible than laissez-faire capitalism.
  • And in the twentieth century, Rand and Mises were two of the most principled and uncompromising advocates for the completely free market society
  • Second, she rejected the anarchist elements in the libertarian movement, believing that any reasonable analysis of the reality of man and the human condition strongly suggested the inescapable need for a single legal standard for defining and enforcing individual rights and a single authority to as impartially and "objectively" as possible enforce laws defending each individual's rights to his life, liberty and honestly acquired property.
  • "Hardly ever do the advocates of free capitalism realize how utterly their ideal was frustrated at the moment the state assumed control of the monetary system . . .
  • A 'free' capitalism with government responsibility for money and credit has lost its innocence.
  • From that point on it is no longer a matter of principle but one of expediency how far one wishes or permits government interference to go.
  • Money control is the supreme and most comprehensive of all governmental controls short of expropriation."
  • Government basically has three ways to acquire the income and wealth of its citizens: taxation, borrowing and printing money
  • So, governments throughout history have turned to the monetary printing press to fund the expenditures not covered by taxes or borrowed money
  • This "non-neutral," or uneven, impact on prices and wages in the economy during the inflationary process brings in its wake distorted profit margins, misallocations of resources and labor and various mal-investments of capital. Here are the seeds for the artificial and unsustainable "booms" that invariably come crashing down in the "bust" once the monetary expansion that has set it all in motion is stopped or slowed down.
  • I believe that the choice and use of money should be left to the market, that is, to the free and voluntary interactive decisions of those buying and selling in the market.
  • I consider a private, competitive free banking system to be the only one consistent with a truly free market society.
Paul Merrell

Secret Docs Reveal Dubious Details of Targeted Killings in Afghanistan - SPIEGEL ONLINE - 0 views

  • Combat operations in Afghanistan may be coming to an end, but a look at secret NATO documents reveals that the US and the UK were far less scrupulous in choosing targets for killing than previously believed. Drug dealers were also on the lists.
  • The child and his father are two of the many victims of the dirty secret operations that NATO conducted for years in Afghanistan. Their fate is described in secret documents to which SPIEGEL was given access. Some of the documents concerning the International Security Assistance Force (ISAF) and the NSA and GCHQ intelligence services are from the archive of whistleblower Edward Snowden. Included is the first known complete list of the Western alliance's "targeted killings" in Afghanistan. The documents show that the deadly missions were not just viewed as a last resort to prevent attacks, but were in fact part of everyday life in the guerilla war in Afghanistan. The list, which included up to 750 people at times, proves for the first time that NATO didn't just target the Taliban leadership, but also eliminated mid- and lower-level members of the group on a large scale. Some Afghans were only on the list because, as drug dealers, they were allegedly supporting the insurgents.
  • Different rules apply in war than in fighting crime in times of peace. But for years the West tied its campaign in Afghanistan to the promise that it was fighting for different values there. A democracy that kills its enemies on the basis of nothing but suspicion squanders its claim to moral superiority, making itself complicit instead. This lesson from Afghanistan also applies to the conflicts in Syria, Iraq, Pakistan and Yemen. The material SPIEGEL was able to review is from 2009 to 2011, and falls within the term of US President Barack Obama, who was inaugurated in January 2009. For Obama, Afghanistan was the "good" war and therefore legitimate -- in contrast to the Iraq war. The president wanted to end the engagement in Iraq as quickly as possible, but in Afghanistan his aim was to win.
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  • After Obama assumed office, the US government opted for a new strategy. In June 2009, then Defense Secretary Robert Gates installed Stanley McChrystal, a four-star general who had served in Iraq, as commander of US forces in Afghanistan. McChrystal promoted the aggressive pursuit of the Taliban. Obama sent 33,000 additional troops to Afghanistan, but their deployment was tied to a demand that military officials provide a binding date for the withdrawal of US forces. At the same time, the president distanced himself from the grand objectives the West had proclaimed when it first marched into Kabul. The United States would not try to make Afghanistan "a perfect place," said Obama. Its new main objective was to fight the insurgency.
  • This marked the beginning of one of the bloodiest phases of the war. Some 2,412 civilians died in Afghanistan in 2009. Two-thirds of them were killed by insurgents and 25 percent by NATO troops and Afghan security forces. The number of operations against the Taliban rose sharply, to between 10 and 15 a night. The operations were based on the lists maintained by the CIA and NATO -- Obama's lists. The White House dubbed the strategy "escalate and exit." McChrystal's successor, General David Petraeus, documented the strategy in "Field Manual 3-24" on fighting insurgencies, which remains a standard work today. Petraeus outlined three stages in fighting guerilla organizations like the Taliban. The first was a cleansing phase, in which the enemy leadership is weakened. After that, local forces were to regain control of the captured areas. The third phase was focused on reconstruction. Behind closed doors, Petraeus and his staff explained exactly what was meant by "cleansing." German politicians recall something that Michael T. Flynn, the head of ISAF intelligence in Afghanistan, once said during a briefing: "The only good Talib is a dead Talib."
  • Under Petraeus, a merciless campaign began to hunt down the so-called shadow governors and local supporters aligned with the Islamists. For the Americans, the fact that the operations often ended in killings was seen as a success. In August 2010, Petraeus proudly told diplomats in Kabul that he had noticed a shifting trend. The figures he presented as evidence made some of the ambassadors feel uneasy. At least 365 insurgent commanders, Petraeus explained, had been neutralized in the last three months, for an average of about four killings a day. The existence of documents relating to the so-called Joint Prioritized Effects List (JPEL) has only been described in vague terms until now. The missions by US special units are mentioned but not discussed in detail in the US Army Afghanistan war logs published by WikiLeaks in 2010, together with the New York Times, the Guardian and SPIEGEL. The documents that have now become accessible provide, for the first time, a systematic view of the targeted killings. They outline the criteria used to determine who was placed on the list and why.
  • According to the NSA document, in October 2008 the NATO defense ministers made the momentous decision that drug networks would now be "legitimate targets" for ISAF troops. "Narcotics traffickers were added to the Joint Prioritized Effects List (JPEL) list for the first time," the report reads. In the opinion of American commanders like Bantz John Craddock, there was no need to prove that drug money was being funneled to the Taliban to declare farmers, couriers and dealers as legitimate targets of NATO strikes.
  • The document also reveals how vague the basis for deadly operations apparently was. In the voice recognition procedure, it was sufficient if a suspect identified himself by name once during the monitored conversation. Within the next 24 hours, this voice recognition was treated as "positive target identification" and, therefore, as legitimate grounds for an airstrike. This greatly increased the risk of civilian casualties. Probably one of the most controversial decisions by NATO in Afghanistan is the expansion of these operations to include drug dealers. According to an NSA document, the United Nations estimated that the Taliban was earning $300 million a year through the drug trade. The insurgents, the document continues, "could not be defeated without disrupting the drug trade."
  • When an operation could potentially result in civilian casualties, ISAF headquarters in Kabul had to be involved. "The rule of thumb was that when there was estimated collateral damage of up to 10 civilians, the ISAF commander in Kabul was to decide whether the risk was justifiable," says an ISAF officer who worked with the lists for years. If more potential civilian casualties were anticipated, the decision was left up to the relevant NATO headquarters office. Bodyguards, drivers and male attendants were viewed as enemy combatants, whether or not they actually were. Only women, children and the elderly were treated as civilians. Even officers who were involved in the program admit that these guidelines were cynical. If a Taliban fighter was repeatedly involved in deadly attacks, a "weighing of interests" was performed. The military officials would then calculate how many human lives could be saved by the "kill," and how many civilians would potentially be killed in an airstrike.
  • In early 2009, Craddock, NATO's Supreme Allied Commander for Europe at the time, issued an order to expand the targeted killings of Taliban officials to drug producers. This led to heated discussions within NATO. German NATO General Egon Ramms declared the order "illegal" and a violation of international law. The power struggle within NATO finally led to a modification of Craddock's directive: Targets related to the drug production at least had to be investigated as individual cases. The top-secret dossier could be highly damaging to the German government. For years, German authorities have turned over the mobile phone numbers of German extremists in Afghanistan to the United States. At the same time, the German officials claimed that homing in on mobile phone signals was far too imprecise for targeted killings. This is apparently an untenable argument. According to the 2010 document, both Eurofighters and drones had "the ability to geolocate a known GSM handset." In other words, active mobile phones could serve as tracking devices for the special units.
  • The classified documents could now have legal repercussions. The human rights organization Reprieve is weighing legal action against the British government. Reprieve believes it is especially relevant that the lists include Pakistanis who were located in Pakistan. "The British government has repeatedly stated that it is not pursuing targets in Pakistan and not doing air strikes on Pakistani territory," says Reprieve attorney Jennifer Gibson. The documents, she notes, also show that the "war on terror" was virtually conflated with the "war on drugs." "This is both new and extremely legally troubling," says Gibson.
  • A 2009 CIA study that addresses targeted killings of senior enemy officials worldwide reaches a bitter conclusion. Because of the Taliban's centralized but flexible leadership, as well as its egalitarian tribal structures, the targeted killings were only moderately successful in Afghanistan. "Morover, the Taliban has a high overall ability to replace lost leaders," the study finds.
Paul Merrell

M of A - Syria - The U.S. Propaganda Shams Now Openly Fail - 0 views

  • The Obama administration, and especially the CIA and the State Department, seem to be in trouble. They shout everything they can against Russia and allege that the cleansing of east-Aleppo of al-Qaeda terrorist is genocidal. Meanwhile no mention is ever made of the famine of the Houthis in Yemen which the U.S. and Saudi bombing and their blockade directly causes.
  • But more and more major news accounts support the Russian allegation that the "moderate rebels" the U.S. is coddling in Syria are actually in cahoots with al-Qaeda if not al-Qaeda itself.
  • The new news reports follow after an interview by the German former politician and journalist Jürgen Todenhöfer with an al-Qaeda commander published in English on this site. The commander said that Nusra (aka al-Qaeda) were directly supplied, via a subgroup, with U.S. TOW missiles. He added about such groups: They are all with us. We are all the al-Nusra Front. A groups is created and calls itself "Islamic Army", or "Fateh al-Sham". Each group has its own name but their believe is homogeneous. The general name is al-Nusra Front. One person has, for example, 2,000 fighters. Then he creates from these a new group and calls it "Ahrar al-Sham". Brothers, who's believe, thoughts and aims are identical to those of al-Nusra Front. Another interview recently published by the former military Jack Murphy was with a Green Beret soldier who served in Turkey and Syria. The Green Berets are special forces of the U.S. army. They are specialists in training and  fighting with indigenous guerrilla groups against governments the U.S. dislikes. The soldier interviewed was ordered to train "moderate Syrian rebels" in Turkey. Parts of the interview (paywalled) are quoted here:
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  • "No one on the ground believes in this mission or this effort”, a former Green Beret writes of America’s covert and clandestine programs to train and arm Syrian insurgents, “they know we are just training the next generation of jihadis, so they are sabotaging it by saying, ‘Fuck it, who cares?’”. “I don’t want to be responsible for Nusra guys saying they were trained by Americans,” the Green Beret added. ... Murphy states bluntly: “distinguishing between the FSA and al-Nusra is impossible, because they are virtually the same organization. As early as 2013, FSA commanders were defecting with their entire units to join al-Nusra. There, they still retain the FSA monicker, but it is merely for show, to give the appearance of secularism so they can maintain access to weaponry provided by the CIA and Saudi intelligence services. The reality is that the FSA is little more than a cover for the al-Qaeda-affiliated al-Nusra. ... It is one thing when Russia says somesthing, but another when Reuters, WSJ, and independent German and U.S. subject experts report this as facts. The first can be shunned as "Putin lies" but the others are extremely hard to refute. The Russians are right. The U.S. did not separate the "moderate rebels" from al Qaeda, as it had agreed to in the ceasefire agreement, because the "moderates" and al-Qaeda are the same. The "moderates" are al-Qaeda. This was not unknown. The 2012 Defense Intelligence Analysis said as much. The CIA of course knew this all along. But the Saudi tool heading the CIA, John Brennan, can not admit such as his masters in the Gulf are also the ones who finance al-Qaeda. They buy the weapons Brennan's people hadn over to al-Qaeda. The "end-user" according to this certificate for a weapon buy in Ukraine is Saudi Arabia. But who will believe that the Saudi dictators need for example 100 obsolete T-55 tanks? The weapons on the certificate, for an estimated $300-$500 million, are obviously for al-Qaeda in Yemen and in Syria. (Did Joe Biden or his son, both heavily engaged in Ukraine, get a provision from the deal?)
  • As the facts accumulate how long can the New York Times and Washington Post keep up with their propaganda claims. One has to admit, they really try their best. Unfortunately for them, their best is only mediocre. The NYT today found out that Vladimir Putin Relishes His Role as Disrupter. How does the NYT know what Putin "relishes"? The reporter did not ask Putin himself. But he did ask some knowledgeable experts with insight into Putin's inner mind and those assured the author that this is indeed the case. They know exactly how Putin feels. They are Richard Haass, the president of the Council on Foreign Relations, James R. Clapper Jr., the director of national intelligence, James B. Comey, the F.B.I. director and Robert Kagan, leading voice of of the neocons and Clinton promoter. Some "experts". Add that to dozens of stories on how "Russia indiscriminately bombs civilians/hospitals/bakeries in east-Aleppo" but never hits any "rebels" because none occur in these stories at all. A recent NYT piece of that kind had 14 "voices" in it. Eight belonged to various propagandists associated with the "White Helmets", four were "western" diplomats, one Syrian government official and a Russian spokesperson were quoted at the end. No Russian military and no one from west-Aleppo, where by far most people in the city live under government protection and daily rocket hail by the "rebels", were even asked. But all those tales we hear about the devilish Russians MUST be true! Even the 7 years old Bana Alabeb now tweets from east-Aleppo about her tragic fate under indiscriminate Russian assaults. This in perfect English and with an excellent WiFi and Internet connection as her many "White Helmets" photo attachments and her videos attest. But the whole city is devastated and in ruins she says, with phosphor bombs going off right in front of her house.
  • But Bana is a very responsible little lady: Bana Alabed @AlabedBana Dear world, it's better to start 3rd world war instead of letting Russia & assad commit #HolocaustAleppo 1:53 PM - 29 Sep 2016 Here "mother" phoned up the Daily Mail for an "exclusive" and assures us that this is all true. The Telegraph has her in a slideshow with sad music and the Guardian promotes her too. Another Gay Girl in Damascus media fail. In 2011 the Guardian also was part of that scam. If that 7-year old girl is in east-Aleppo and not in Denmark or the UK, I must be on Mars. No sane reader will take such a stunt serious. What Public Relation company came up with this sorry flimflam? Like the "moderate rebels" fantasy, such tales and the nonsense the "White Helmet" propaganda outlet distributes, are starting to fail. The UAE's National, a well established international newspaper, recently dug a bit around the White Helmet's creator, a "former" British military agent working for Gulf defense interests. That does not sound charitable. This is noticeable report, even as it still lacks any details, as it is the first in a major paper that shows some auspiciousness against that outlet. The Obama administration's lies about the "moderate rebels" are now openly discussed in major media. The propaganda of #HolocaustAleppo (isn't abusing the holocaust meme anti-semitic?) is turning into a laughing stock.
  • Russia is upping its stake in Syria. Additional Russian SU-24, SU-25 and SU-34 jets are arriving. Nearly 6,000 Russian soldiers are on the ground. The CIA's  al-Qaeda "rebels" are losing in east-Aleppo and are in stalemate and under pressure elsewhere. They will be bombed to smithereens. A few new BM-21 multiple missile launchers and heavier anti-air artillery was delivered to them. But those are just band-aids on lethally bleeding wounds. Even MANPADs will not change the situation one bit. The U.S., the Saudis and especially Brennan's CIA have lost that fight. Will Obama and Kerry admit it? Or will they throw another Hail Mary and do something crazy?
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    I omitted a nice set of set of links in this article to MSM reports of Syiran "moderates" being one and the same with the jihadis.
Paul Merrell

The NSA is turning the internet into a total surveillance system | Alexander Abdo and Patrick Toomey | Comment is free | theguardian.com - 0 views

  • Another burst of sunlight permeated the National Security Agency's black box of domestic surveillance last week.According to the New York Times, the NSA is searching the content of virtually every email that comes into or goes out of the United States without a warrant. To accomplish this astonishing invasion of Americans' privacy, the NSA reportedly is making a copy of nearly every international email. It then searches that cloned data, keeping all of the emails containing certain keywords and deleting the rest – all in a matter of seconds.
  • The NSA appears to believe this general monitoring of our electronic communications is justified because the entire process takes, in one official's words, "a small number of seconds". Translation: the NSA thinks it can intercept and then read Americans' emails so long as the intrusion is swift, efficient and silent.That is not how the fourth amendment works.Whether the NSA inspects and retains these messages for years, or only searches through them once before moving on, the invasion of Americans' privacy is real and immediate. There is no "five-second rule" for fourth amendment violations: the US constitution does not excuse these bulk searches simply because they happen in the blink of an eye.The government claims that this program is authorized by a surveillance statute passed in 2008 that allows the government to target foreigners for surveillance. Although the government has frequently defended that law as a necessary tool in gathering foreign intelligence, the government has repeatedly misled the public about the extent to which the statute implicates Americans' communications.
  • There should no longer be any doubt: the US government has for years relied upon its authority to collect foreigners' communications as a useful cover for its sweeping surveillance of Americans' communications. The surveillance program revealed last week confirms that the interception of American communications under this law is neither "targeted" at foreigners (in any ordinary sense of that word) nor "inadvertent", as officials have repeatedly claimed.Last week's revelations are a disturbing harbinger of future surveillance. Two months ago, this newspaper reported that the US government has been forcing American telecommunications companies to turn over the call records of every one of their customers "on an ongoing daily basis", to allow the NSA to later search those records when it has a reason to do so. The government has since defended the program, in part on the theory that Americans' right to privacy is not implicated by the initial acquisition of their phone records, only by their later searching.That legal theory is extraordinarily dangerous because it would allow the NSA to acquire virtually all digital information today simply because it might possibly become relevant tomorrow. The surveillance program revealed by the New York Times report goes one step further still. No longer is the government simply collecting information now so that the data is available to search, should a reasonable suspicion arise at some point in the future; the NSA is searching everything now – in real time and without suspicion – merely on the chance that it finds something of interest.
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  • That principle of pre-emptive surveillance threatens to subvert the most basic protections of the fourth amendment, which generally prohibit the government from conducting suspicion-less fishing expeditions through our private affairs. If the government is correct that it can search our every communication in case we say or type something suspicious, there is little to prevent the NSA from converting the internet into a tool of pervasive surveillance.
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    Obama was apparently technically accurate but materially misleading when he he said that no one is reading your email. But government computers are reading every email. "Although conduct by law enforcement officials prior to trial may ultimately impair that right, a constitutional violation occurs only at trial. Kastigar v. United States, 406 U. S. 441, 453 (1972). The Fourth Amendment functions differently. It prohibits 'unreasonable searches and seizures' whether or not the evidence is sought to be used in a criminal trial, and a violation of the Amendment is 'fully accomplished' at the time of an unreasonable governmental intrusion. United States v. Calandra, 414 U. S. 338, 354 (1974); United States v. Leon, 468 U. S. 897, 906 (1984)." United States v. Verdugo-Urquidez, 494 US 259, 265 (1990), http://scholar.google.com/scholar_case?case=10167007390100843851  
Paul Merrell

Lawmaker Says There More To NSA Spying - Business Insider - 0 views

  • A House Democrat said information revealed about the National Security Agency's secret surveillance programs are "the tip of the iceberg," Daniel Strauss of The Hill reports. "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too," Rep. Loretta Sanchez (D-Calif.) told C-SPAN's "Washington Journal" after a classified briefing with national security officials. Rep. Joe Barton (R-Texas), who also attended the meeting, said that the NSA "violated the spirit of the law when it started collecting data from everyone in the country just because technology now makes that possible.” Barton added that "in America ... You don’t target everyone and violate their 4th Amendment rights just because of a handful of threats. But that is exactly what is happening at the NSA ... it is wrong and it needs to stop now.” More from Sanchez: "I don't know if there are other leaks, if there's more information somewhere, if somebody else is going to step up, but I will tell you that I believe it's the tip of the iceberg."
  • A House Democrat said information revealed about the National Security Agency's secret surveillance programs are "the tip of the iceberg," Daniel Strauss of The Hill reports. "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too," Rep. Loretta Sanchez (D-Calif.) told C-SPAN's "Washington Journal" after a classified briefing with national security officials. Rep. Joe Barton (R-Texas), who also attended the meeting, said that the NSA "violated the spirit of the law when it started collecting data from everyone in the country just because technology now makes that possible.” Barton added that "in America ... You don’t target everyone and violate their 4th Amendment rights just because of a handful of threats. But that is exactly what is happening at the NSA ... it is wrong and it needs to stop now.”
  • Glenn Greenwald of the Guardian, who has served as a conduit for Snowden's leaks, recently said that there will me many more "significant revelations that have not yet been heard." Greenwald told The New York Times that he received “thousands” of classified documents — “dozens” of which are newsworthy — from the the 29-year-old ex-Booz Allen employee who was contracted by the NSA. Sanchez said that what lawmakers learned "is significantly more than what is out in the media today," which is interesting when considering previous reports by journalists and whistleblowers.
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  • Here's a rundown of the reports and the allegations: In 2006 NSA insiders told Leslie Cauley of USA Today that the NSA has been collecting almost all U.S. phone records since shortly after 9/11. In 2010 Dana Priest and William Arkin of The Washington Post reported that "collection systems at the [NSA] intercept and store 1.7 billion emails, phone calls, and other types of communications" every day. According to a 2007 lawsuit, Verizon built a fiber optic cable to give the "access to all communications flowing through the carrier’s operations center." In April 2012 Wired's James Bamford reported how the U.S. government hired two secretive Israeli companies to wiretap AT&T. AT&T engineer Mark Klein discovered the "secret room" at AT&T central office in San Francisco, through which the NSA actively "vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T" through the wiretapping rooms, emphasizing that "much of the data sent through AT&T to the NSA was purely domestic." Former NSA executive and whistleblower Thomas Drake testified that the NSA is using Israeli-made hardware to "seize and save all personal electronic communications."
  • A classified program called Prism, leaked by Snowden, appears to acquire information from the servers of nine of the biggest internet companies. The Washington Post reported that the government's orders "serve as one-time blanket approvals for data acquisition and surveillance on selected foreign targets for periods of as long as a year." NSA Whistleblower William Binney that the NSA began using the program he built (i.e. ThinThread) to use communications data for creating, in real time, profiles of nearly all Americans so that the government is "able to monitor what people are doing" and who they are doing it with. In July the Foreign Intelligence Surveillance Court (FISC), established to "hear applications for and grant orders approving electronic surveillance," found that the NSA violated the Fourth Amendment's restriction against unreasonable searches and seizures "on at least one occasion." BONUS: In March CIA Chief Technology Officer Ira "Gus" Hunt said: "It is really very nearly within our grasp to be able to compute on all human generated information." If there is "significantly more" to the NSA's domestic snooping, then we're all ears and eyes.
Paul Merrell

NSA surveillance may be legal - but it's unconstitutional - The Washington Post - 0 views

  • Laura K. Donohue is a professor at Georgetown University Law Center and director of Georgetown’s Center on National Security and the Law. The National Security Agency’s recently revealed surveillance programs undermine the purpose of the Foreign Intelligence Surveillance Act, which was established to prevent this kind of overreach. They violate the Fourth Amendment’s guarantee against unreasonable search and seizure. And they underscore the dangers of growing executive power.
  • Another program, PRISM, disclosed by the Guardian and The Washington Post, allows the NSA and the FBI to obtain online data including e-mails, photographs, documents and connection logs. The information that can be assembledabout any one person — much less organizations, social networks and entire communities — is staggering: What we do, think and believe.The government defends the programs’ legality, saying they comply with FISA and its amendments. It may be right, but only because FISA has ceased to provide a meaningful constraint.Under the traditional FISA, if the government wants to conduct electronic surveillance, it must make a classified application to a special court, identitying or describing the target. It must demonstrate probable cause that the target is a foreign power or an agent thereof, and that the facilities to be monitored will be used by the target.In 2008, Congress added section 702 to the statute, allowing the government to use electronic surveillance to collect foreign intelligence on non-U.S. persons it reasonably believes are abroad, without a court order for each target. A U.S. citizen may not intentionally be targeted.To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.
  • Another program, PRISM, disclosed by the Guardian and The Washington Post, allows the NSA and the FBI to obtain online data including e-mails, photographs, documents and connection logs. The information that can be assembledabout any one person — much less organizations, social networks and entire communities — is staggering: What we do, think and believe.The government defends the programs’ legality, saying they comply with FISA and its amendments. It may be right, but only because FISA has ceased to provide a meaningful constraint.
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  • Under the traditional FISA, if the government wants to conduct electronic surveillance, it must make a classified application to a special court, identitying or describing the target. It must demonstrate probable cause that the target is a foreign power or an agent thereof, and that the facilities to be monitored will be used by the target.In 2008, Congress added section 702 to the statute, allowing the government to use electronic surveillance to collect foreign intelligence on non-U.S. persons it reasonably believes are abroad, without a court order for each target. A U.S. citizen may not intentionally be targeted.To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.
  • The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.This means that FISA can now be used to gather records concerning individuals who are neither the target of any investigation nor an agent of a foreign power. Entire databases — such as telephony metadata — can be obtained, as long as an authorized investigation exists.Congress didn’t pass Section 215 to allow for the wholesale collection of information. As Rep. F. James Sensenbrenner Jr. (R-Wis.), who helped draft the statute, wrote in the Guardian: “Congress intended to allow the intelligence communities to access targeted information for specific investigations. How can every call that every American makes or receives be relevant to a specific investigation?”As a constitutional matter, the Supreme Court has long held that, where an individual has a reasonable expectation of privacy, search and seizure may occur only once the government has obtained a warrant, supported by probable cause and issued by a judge. The warrant must specify the places to be searched and items to be seized.
  • There are exceptions to the warrant requirement. In 1979 the court held that the use of a pen register to record numbers dialed from someone’s home was not a search. The court suggested that people who disclose their communications to others assume the risk that law enforcement may obtain the information.More than three decades later, digitization and the explosion of social-network technology have changed the calculus. In the ordinary course of life, third parties obtain massive amounts of information about us that, when analyzed, have much deeper implications for our privacy than before.As for Section 702 of FISA, the Supreme Court has held that the Fourth Amendment does not protect foreigners from searches conducted abroad. But it has never recognized a foreign intelligence exception to the warrant requirement when foreign-targeted searches result in the collection of vast stores of citizens’ communications.Americans reasonably expect that their movements, communications and decisions will not be recorded and analyzed by the government. A majority of the Supreme Court seems to agree. Last year, the court considered a case involving 28-day GPS surveillance. Justice Samuel Alito suggested that in most criminal investigations, long-term monitoring “impinges on expectations of privacy.” Justice Sonia Sotomayor recognized that following a person’s movements “reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”The FISC is supposed to operate as a check. But it is a secret court, notorious for its low rate of denial. From 1979 to 2002, it did not reject a single application. Over the past five years, out of nearly 8,600 applications, only two have been denied.
Paul Merrell

Washington Gets Explicit: Its 'War on Terror' is Permanent - 0 views

  • On Thursday, the Senate Armed Services Committee held a hearing on whether the statutory basis for this "war" - the 2001 Authorization to Use Military Force (AUMF) - should be revised (meaning: expanded). This is how Wired's Spencer Ackerman (soon to be the Guardian US's national security editor) described the most significant exchange: "Asked at a Senate hearing today how long the war on terrorism will last, Michael Sheehan, the assistant secretary of defense for special operations and low-intensity conflict, answered, 'At least 10 to 20 years.' . . . A spokeswoman, Army Col. Anne Edgecomb, clarified that Sheehan meant the conflict is likely to last 10 to 20 more years from today - atop the 12 years that the conflict has already lasted. Welcome to America's Thirty Years War." That the Obama administration is now repeatedly declaring that the "war on terror" will last at least another decade (or two) is vastly more significant than all three of this week's big media controversies (Benghazi, IRS, and AP/DOJ) combined. The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of "endless war". Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.
  • It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war - justified in the name of stopping the threat of terrorism - that is the single greatest cause of that threat.
  • I wrote that the "war on terror" cannot and will not end on its own for two reasons: (1) it is designed by its very terms to be permanent, incapable of ending, since the war itself ironically ensures that there will never come a time when people stop wanting to bring violence back to the US (the operational definition of "terrorism"), and (2) the nation's most powerful political and economic factions reap a bonanza of benefits from its continuation. Whatever else is true, it is now beyond doubt that ending this war is the last thing on the mind of the 2009 Nobel Peace Prize winner and those who work at the highest levels of his administration. Is there any way they can make that clearer beyond declaring that it will continue for "at least" another 10-20 years? The genius of America's endless war machine is that, learning from the unplesantness of the Vietnam war protests, it has rendered the costs of war largely invisible. That is accomplished by heaping all of the fighting burden on a tiny and mostly economically marginalized faction of the population, by using sterile, mechanized instruments to deliver the violence, and by suppressing any real discussion in establishment media circles of America's innocent victims and the worldwide anti-American rage that generates. Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms, as Americans are told they must sacrifice Social Security and Medicare benefits and place their children in a crumbling educational system, the Pentagon remains the world's largest employer and continues to militarily outspend the rest of the world by a significant margin. The mythology of the Reagan presidency is that he induced the collapse of the Soviet Union by luring it into unsustainable military spending and wars: should there come a point when we think about applying that lesson to ourselves?
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  • Then there are the threats to Americans' security. Having their government spend decades proudly touting itself as "A Nation at War" and bringing horrific violence to the world is certain to prompt more and more people to want to attack Americans, as the US government itself claims took place just recently in Boston (and as clearly took place multiple other times over the last several years). And then there's the most intangible yet most significant cost: each year of endless war that passes further normalizes the endless rights erosions justified in its name. The second term of the Bush administration and first five years of the Obama presidency have been devoted to codifying and institutionalizing the vast and unchecked powers that are typically vested in leaders in the name of war. Those powers of secrecy, indefinite detention, mass surveillance, and due-process-free assassination are not going anywhere. They are now permanent fixtures not only in the US political system but, worse, in American political culture. Each year that passes, millions of young Americans come of age having spent their entire lives, literally, with these powers and this climate fixed in place: to them, there is nothing radical or aberrational about any of it. The post-9/11 era is all they have been trained to know. That is how a state of permanent war not only devastates its foreign targets but also degrades the population of the nation that prosecutes it.
  • Just to convey a sense for how degraded is this Washington "debate": Obama officials at yesterday's Senate hearing repeatedly insisted that this "war" is already one without geographical limits and without any real conceptual constraints. The AUMF's war power, they said, "stretches from Boston to the [tribal areas of Pakistan]" and can be used "anywhere around the world, including inside Syria, where the rebel Nusra Front recently allied itself with al-Qaida's Iraq affiliate, or even what Sen. Lindsey Graham (R-SC) called 'boots on the ground in Congo'". The acting general counsel of the Pentagon said it even "authorized war against al-Qaida's associated forces in Mali, Libya and Syria". Newly elected independent Sen. Angus King of Maine said after listening to how the Obama administration interprets its war powers under the AUMF: This is the most astounding and most astoundingly disturbing hearing that I've been to since I've been here. You guys have essentially rewritten the Constitution today."
  • In response to that, the only real movement in Congress is to think about how to enact a new law to expand the authorization even further. But it's a worthless and illusory debate, affecting nothing other than the pretexts and symbols used to justify what will, in all cases, be a permanent and limitless war. The Washington AUMF debate is about nothing other than whether more fig leafs are needed to make it all pretty and legal. The Obama administration already claims the power to wage endless and boundless war, in virtually total secrecy, and without a single meaningful check or constraint. No institution with any power disputes this. To the contrary, the only ones which exert real influence - Congress, the courts, the establishment media, the plutocratic class - clearly favor its continuation and only think about how further to enable it. That will continue unless and until Americans begin to realize just what a mammoth price they're paying for this ongoing splurge of war spending and endless aggression.
Paul Merrell

UN officials accused of bowing to Israeli pressure over children's rights list | World news | The Guardian - 0 views

  • Senior UN officials in Jerusalem have been accused of caving in to Israeli pressure to abandon moves to include the state’s armed forces on a UN list of serious violators of children’s rights. UN officials backed away from recommending that the Israel Defence Forces (IDF) be included on the list following telephone calls from senior Israeli officials. The Israelis allegedly warned of serious consequences if a meeting of UN agencies and NGOs based in Jerusalem to ratify the recommendation went ahead. Within hours, the meeting was cancelled. “Top officials have buckled under political pressure,” said a UN source. “As a result, a clear message has been given that Israel will not be listed.”
  • Organisations pressing for the IDF’s inclusion on the list since the war in Gaza last summer – which left more than 500 children dead and more than 3,300 injured – include Save the Children and War Child as well as at least a dozen Palestinian human rights organisations, the Israeli rights organisation B’Tselem and UN bodies such as the children’s agency Unicef. “These organisations are in uproar over what has happened,” said the UN source
  • The IDF’s inclusion on the UN’s list of grave violators of children’s rights would place it alongside non-state armed forces such as Islamic State, Boko Haram and the Taliban. There are no other state armies on the list. It would propel Israel further towards pariah status within international bodies and could lead to UN sanctions.
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  • Although Jerusalem-based officials cancelled the meeting – and subsequently decided not to recommend the IDF’s inclusion on the list – the UN complained to Israel over the intimidation of its staff. Susana Malcorra – a high-ranking official in the New York office of the UN secretary general, Ban Ki-moon – raised the issue in a private letter to Israel’s ambassador to the UN, Ron Prosor. The UN in New York said it could not comment on leaked documents. The telephone calls were made to June Kunugi, Unicef’s special representative to Palestine and Israel, on 12 February, the night before a meeting to decide whether to recommend the IDF’s inclusion on the list. One call was from a senior figure in Cogat, the Israeli government body that coordinates between the IDF, the Palestinian Authority and the international community; the other was made by an official in Israel’s foreign ministry.
  • ccording to UN and NGO sources, Kunugi was advised to cancel the meeting or face serious consequences. However, Israeli sources described the telephone conversations as friendly and courteous attempts to persuade Kunugi to delay the working group’s decision on its recommendation regarding the IDF until Israel had been allowed to present its case on the issue. At 8.54am the next morning, an email was sent on behalf of James Rawley, a senior official with UNSCO (the office of the UN special coordinator for the Middle East peace process) who had called the meeting, to participants. It said: “Please be informed that today’s meeting scheduled at 13:00hrs has been postponed. Sincere apologies for the inconvenience this may have caused.” A joint statement to the Guardian from Kunugi and Rawley said the “strictly confidential process” of determining inclusion on the list was still ongoing and was the “prerogative of the UN secretary general, and it rests with him alone”. The UN in Jerusalem was unable to comment on the process, it added, but the submission from Jerusalem to New York was “based on verified facts, not influenced by any member state or other entity”.
  • Unicef has called a fresh meeting to update UN and NGO officials in Jerusalem on Thursday. The decision on which state and non-state armed forces are to be included on the list will be taken by UN chiefs in New York next month. However, according to the UN source, “a political decision has already been taken not to include Israel”.
  • A separate source told the Guardian: “The UN caved to Israel’s political pressure and took a highly contentious step to shelter Israel from accountability.” The list of violators of children’s rights is contained in the annex of the annual report of the secretary general on children and armed conflict. A “monitoring and reporting mechanism”, established by a UN security council resolution, supplies information on grave violations of children’s rights, such as killing and maiming, recruitment of minors into armed forces, attacks on schools, rape, abduction, and denial of humanitarian access to children. The secretary general is required to list armed forces or armed groups responsible for such actions. Following last summer’s seven-week war in Gaza, a number of UN agencies and NGOs met to consider whether to recommend the IDF’s inclusion on the list. According to insiders, participants “agreed there is a strong and credible case to recommend listing”.
  • A 13-page internal Unicef paper seen by the Guardian examined the case for the IDF to be listed on the basis of its actions in last summer’s war in Gaza, including the killing and injuring of children, and “targeted and indiscriminate” attacks on schools and hospitals. Several of the working group’s participants wrote to the UN secretary general to urge the inclusion of the IDF on the list. A letter sent in December by Defence for Children International (Palestine) said: “There is ample evidence to demonstrate that Israel’s armed forces have committed acts that amount to the grave violations against children during armed conflict, as defined by UN security council resolutions, including killing or maiming children and attacks against schools and hospitals.” The Israeli ministry of foreign affairs and Cogat declined to answer specific questions about the phone calls to Kunugi, but said in a joint statement: “Israel has a good working relationship with Unicef and the United Nations in general. Israel has no desire to get into a slanging match with anti-Israel elements nor to submit to their intimidations.”
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    More information, including that Palestine Civil Society has requested that U.N. Secretary General Ban Ki Moon to discharge two U.N. officials involved becuase of this issue and because of signifificant delays that work to Israel's advantage in reconstruction of Gaza following Israel's assault last summer. http://electronicintifada.net/blogs/ali-abunimah/un-providing-israel-cover-killing-gazas-children
Paul Merrell

First Unitarian Church of Los Angeles v. NSA | Electronic Frontier Foundation - 0 views

  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
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  • Our goal is to highlight one of the most important ways that the government collection of telephone records is unconstitutional: it violates the First Amendment right of association. When the government gets access to the phone records of political and activist organizations and their members, it knows who is talking to whom, when, and for how long. This so-called “metadata,” especially when collected in bulk and aggregated, tracks the associations of these organizations. After all, if the government knows that you call the Unitarian Church or Calguns or People for the American Way or Students for Sensible Drug Policy regularly, it has a very good indication that you are a member and it certainly knows that you associate regularly. The law has long recognized that government access to associations can create a chilling effect—people are less likely to associate with organizations when they know the government is watching and when the government can track their associations. 
  • The case challenges the mass telephone records collection that was confirmed by the FISA Order that was published on June 5, 2013 and confirmed by the Director of National Intelligence (DNI) on June 6, 2013. The DNI confirmed that the collection was “broad in scope” and conducted under the “business records” provision of the Foreign Intelligence Surveillance Act, also known as section 215 of the Patriot Act and 50 U.S.C. section 1861. The facts have long been part of EFF’s Jewel v. NSA case. The case does not include section 702 programs, which includes the recently made public and called the PRISM program or the fiber optic splitter program that is included (along with the telephone records program) in the Jewel v. NSA case. 
  • The First Amendment right of association is a well established doctrine that prevents the government “interfering with the right to peaceably assemble or prohibit the petition for a governmental redress of grievances.” The most famous case embracing it is a 1958 Supreme Court Case from the Civil Rights era called  NAACP v. Alabama. In that case the Supreme Court held that it would violate the First Amendment for the NAACP to have to turn over its membership lists in litigation. The right stems from the simple fact that the First Amendment protects the freedom to associate and express political views as a group. This constitutional protection is critical because, as the court noted “[e]ffective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association[.]” NAACP v. Alabama, 357 U.S. at 460. As another court noted: the Constitution protects freedom of association to encourage the “advancing ideas and airing grievances” Bates v. City of Little Rock, 361 U.S. 516, 522-23 (1960).
  • The collection and analysis of telephone records give the government a broad window into our associations. The First Amendment protects against this because, as the Supreme Court has recognized, “it may induce members to withdraw from the association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of their exposure.” NAACP v. Alabama, 357 U.S. at 462-63. See also Bates, 361 U.S. at 523; Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539 (1963).  Privacy in one’s associational ties is also closely linked to freedom of association: “Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama, 357 U.S. at 462. 
  • The Supreme Court has made clear that infringements on freedom of association may survive constitutional scrutiny only when they “serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.” Roberts v. United States Jaycees, 468 U.S. 609, 623 (1984); see also NAACP v. Button, 371 U.S. at 341; Knox v. SEIU, Local 1000, 132 S. Ct. 2277, 2291 (2012)  Here, the wholesale collection of telephone records of millions of innocent Americans’ communications records, and thereby collection of their associations, is massively overbroad, regardless of the government’s interest. Thus, the NSA spying program fails under the basic First Amendment tests that have been in place for over fifty years.
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    This case is related to EFF's earlier pending case, Jewel v. NSA and has been assigned to Judge Whyte, the same judge who ruled earlier in Jewel that the State Secrets Privilege does not apply to NSA's call metadata "haystack." The plaintiffs are 22 different groups who would make strange bedfellows indeed, except in opposition to government surveillance and repression. 
Paul Merrell

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

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

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

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

MoD pays out millions to Iraqi torture victims | Law | The Guardian - 0 views

  • The Ministry of Defence has paid out £14m in compensation and costs to hundreds of Iraqis who complained that they were illegally detained and tortured by British forces during the five-year occupation of the south-east of the country.Hundreds more claims are in the pipeline as Iraqis become aware that they are able to bring proceedings against the UK authorities in the London courts.
  • Lawyers representing former prisoners of the British military say that more than 700 further individuals are likely to make claims next year.Most of those compensated were male civilians who said they had been beaten, deprived of sleep and threatened before being interrogated by British servicemen and women who had detained them on suspicion of involvement in the violent insurgency against the occupation. Others said that they suffered sexual humiliation and were forced into stress positions for prolonged periods.
  • Many of the complaints arise out of the actions of a shadowy military intelligence unit called the Joint Forward Interrogation Team (Jfit) which operated an interrogation centre throughout the five-year occupation. Officials of the International Committee of the Red Cross complained about the mistreatment of detainees at Jfit not long after it was first established.Despite this, the interrogators shot hundreds of video films in which they captured themselves threatening and abusing men who can be seen to be bruised, disoriented, complaining of starvation and sleep deprivation and, in some cases, too exhausted to stand unaided.
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  • During proceedings brought before the high court in London, lawyers representing the former Jfit prisoners suggested the interrogation centre could be regarded as "Britain's Abu Ghraib".
  • Next month, the high court will hear a judicial review of the MoD's refusal to hold a public inquiry into the abuses. Human rights groups and lawyers for the former prisoners say the UK government is obliged to hold an inquiry to meet its obligations under the European convention on human rights – and particularly under article three of the convention, which protects individuals from torture.After a hearing, the high court highlighted matters supporting the allegations of systemic abuse. These included:• The same techniques being used at the same places for the same purpose: to assist interrogation.• The facilities being under the command of an officer.• Military doctors examining each prisoner at various stages in their detention.• Investigations by the Royal Military police that were concluded without anyone being held to account.
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    The Brits at least have the decency to attempt to make amends for its soldiers who tortured prisoners. Not so in the U.S. *Every* "war on terror" detainee who has filed a case for damages in the U.S. has been thrown out of court at the government's request, usually on grounds of the State Secrets privilege. It is a sad situation that our courts allow government secrecy about unlawful conduct to trump individual rights to redress for injury. 
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