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Paul Merrell

NYPD Blows Whistle on New Hillary Emails: Money Laundering, Sex Crimes with Children, Child Exploitation, Pay to Play, Perjury - 1 views

www.blacklistednews.com/...M.html

Auction 2016 Hillary-emails FBI NYPD Huma Weiner sex-crimes perjury Clinton-Foundation money-laundering obstruction

shared by Paul Merrell on 03 Nov 16 - No Cached
  • New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence “to put Hillary (Clinton) and her crew away for life,” NYPD sources told True Pundit. NYPD sources said Clinton’s “crew” also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday.
  • But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department’s highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. “What’s in the emails is staggering and as a father, it turned my stomach,” the NYPD Chief said. “There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that.”
  • The NYPD Chief said once Comey saw the alarming contents of the emails he was forced to reopen a criminal probe against Clinton. “People are going to prison,” he said. Meanwhile, FBI sources said Abedin and Weiner were cooperating with federal agents, who have taken over the non-sexting portions the case from NYPD. The husband-and-wife Clinton insiders  are both shopping for separate immunity deals, sources said. “If they don’t cooperate they are going to see long sentences,” a federal law enforcement source said. NYPD sources said Weiner or Abedin stored all the emails in a massive Microsoft Outlook program on the laptop. The emails implicate other current and former members of Congress and one high-ranking Democratic Senator as having possibly engaged in criminal activity too, sources said. Prosecutors in the office of US Attorney Preet Bharara have issued a subpoena for Weiner’s cell phones and travel records, law enforcement sources confirmed. NYPD said it planned to order the same phone and travel records on Clinton and Abedin, however, the FBI said it was in the process of requesting the identical records. Law enforcement sources are particularly interested in cell phone activity and travel to the Bahamas, U.S. Virgin Islands and other locations that sources would not divulge.
  • ...4 more annotations...
  • The new emails contain travel documents and itineraries indicating Hillary Clinton, President Bill Clinton, Weiner and multiple members of Congress and other government officials accompanied convicted pedophile billionaire Jeffrey Epstein on his Boeing 727 on multiple occasions to his private island in the U.S Virgin Islands, sources said. Epstein’s island has also been dubbed Orgy Island or Sex Slave Island where Epstein allegedly pimps out underage girls and boys to international dignitaries. Both NYPD and FBI sources confirm based on the new emails they now believe Hillary Clinton traveled as Epstein’s guest on at least six occasions, probably more when all the evidence is combed, sources said. Bill Clinton, it has been confirmed in media reports spanning recent years, that he too traveled with Epstein over 20 times to the island.
  • According to other uncovered emails, Abedin and Clinton both sent and received thousands of classified and top secret documents to personal email accounts including Weiner’s unsecured campaign web site which is managed by Democratic political consultants in Washington D.C. Weiner maintained little known email accounts that the couple shared on the website anthonyweiner.com. Weiner, a former seven-term Democratic Congressman from New York, primarily used that domain to campaign for Congress and for his failed mayoral bid of New York City. At one point, FBI sources said, Abedin and Clinton’s classified and top secret State Department documents and emails were stored in Weiner’s email on a server shared with a dog grooming service and a western Canadian bicycle shop. However, Weiner and Abedin, who is Hillary Clinton’s closest personal aide, weren’t the only people with access to the Weiner’s email account. Potentially dozens of unknown individuals had access to Abedin’s sensitive State Department emails that were stored in Weiner’s email account, FBI sources confirmed. FEC records show Weiner paid more than $92,000 of congressional campaign funds to Anne Lewis Strategies LLC to manage his email and web site. According to FBI sources, the D.C.-based political consulting firm has served as the official administrator of the anthonyweiner.com domain since 2010, the same time Abedin was working at the State Department. This means technically Weiner and Abedin’s emails, including top secret State Department emails, could have been accessed, printed, discussed, leaked, or distributed by untold numbers of personnel at the Anne Lewis consulting firm because they can control where the website and it emails are pointed, FBI sources said.
  • According to FBI sources, the bureau’s newly-minted probe into Clinton’s use and handling of emails while she served as secretary of state, has also been broadened to include investigating new email-related revelations, including: Abedin forwarded classified and top secret State Department emails to Weiner’s email Abedin stored emails, containing government secrets, in a special folder shared with Weiner warehousing over 500,000 archived State Department emails. Weiner had access to these classified and top secret documents without proper security clearance to view the records Abedin also used a personal yahoo address and her Clintonemail.com address to send/receive/store classified and top secret documents A private consultant managed Weiner’s site for the last six years, including three years when Clinton was secretary of state, and therefore, had full access to all emails as the domain’s listed registrant and administrator via Whois email contacts. Because Weiner’s campaign website is managed by the third-party consultant and political email guru, FBI agents are burdened with the task of trying to decipher just how many people had access to Weiner’s server and emails and who were these people. Or if the server was ever compromised by hackers, or other actors.
  • Abedin told FBI agents in an April interview that she didn’t know how to consistently print documents or emails from her secure Dept. of State system. Instead, she would forward the sensitive emails to her yahoo, Clintonemail.com and her email linked to Weiner. Abedin said, according to FBI documents, she would then access those email accounts via webmail from an unclassified computer system at the State Dept. and print the documents, many of which were classified and top secret, from the largely unprotected webmail portals. Clinton did not have a computer in her office on Mahogany Row at the State Dept. so she was not able to read timely intelligence unless it was printed out for her, Abedin said. Abedin also said Clinton could not operate the secure State Dept. fax machine installed in her Chappaqua, NY home without assistance. Perhaps more alarming, according to the FBI’s 302 Report detailing its interview with Abedin, none of the multiple FBI agents and Justice Department officials who conducted the interview pressed Abedin to further detail the email address linked to Weiner. There was never a follow up, according to the 302 report. But now, all that has changed, with the FBI’s decision to reopen the Clinton email investigation and the husband and wife seeking immunity deals to testify against Clinton and other associates about the contents of the laptop’s emails.
  • Gary Edwards on 03 Nov 16
     
    "New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence "to put Hillary (Clinton) and her crew away for life," NYPD sources told True Pundit. NYPD sources said Clinton's "crew" also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday. But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department's highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. "What's in the emails is staggering and as a father, it turned my stomach," the NYPD Chief said. "There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that." The NYPD
Gary Edwards

Forget Bain - Obama's public-equity record is the real scandal - The Washington Post - 1 views

www.washingtonpost.com/...gJQAXnXCnU_story.html

private-equity public-equity Bain-Capital Romney-Obama Socialism-Capitalism Constitutional-Capitalism

shared by Gary Edwards on 25 May 12 - No Cached
  • Gary Edwards on 25 May 12
     
    Don't you just love it when a political plan to spin the truth and twist the facts backfires?  Obama's pants are lit and flaming, and big socialism media can't seem to put the fire out. intro excerpt: Despite a growing backlash from his fellow Democrats, President Obama has doubled down on his attacks on Mitt Romney's tenure at Bain Capital. But the strategy could backfire in ways Obama did not anticipate. After all, if Romney's record in private equity is fair game, then so is Obama's record in public equity - and that record is not pretty. Since taking office, Obama has invested billions of taxpayer dollars in private businesses, including as part of his stimulus spending bill. Many of those investments have turned out to be unmitigated disasters - leaving in their wake bankruptcies, layoffs, criminal investigations and taxpayers on the hook for billions. Consider just a few examples of Obama's public equity failures:
Paul Merrell

18 Signs That The Global Economic Crisis Is Accelerating As We Enter The Last Half Of 2014 - 0 views

theeconomiccollapseblog.com/...we-enter-the-last-half-of-2014

financial-collapse bubbles economic-indicators

shared by Paul Merrell on 04 Jul 14 - No Cached
  • #1 The Bank for International Settlements has issued a new report which warns that "dangerous new asset bubbles" are forming which could potentially lead to another major financial crisis.  Do the central bankers know something that we don't, or are they just trying to place the blame on someone else for the giant mess that they have created? #2 Argentina has missed a $539 million debt payment and is on the verge of its second major debt default in 13 years. #3 Bulgaria is desperately trying to calm down a massive run on the banks that threatens of spiral out of control. #4 Last month, household loans in the eurozone declined at the fastest rate ever recorded.  Why are European banks holding on to their money so tightly right now? #5 The number of unemployed jobseekers in France has just soared to another brand new record high.
  • #6 Economies all over Europe are either showing no growth or are shrinking.  Just check out what a recent Forbes article had to say about the matter... Italy’s economy shrank by 0.1% in the first three months of 2014, matching the average of the three previous quarters. After expanding 0.6% in Q2 2013, France recorded zero growth. Portugal shrank 0.7%, following positive numbers in the preceding nine months. While figures weren’t available for Greece and Ireland in Q1, neither country is showing progress. Greek GDP dropped 2.5% in the final three months of last year, and Ireland limped ahead at 0.2%. #7 A few days ago it was reported that consumer prices in Japan are rising at the fastest pace in 32 years.
  • #8 Household expenditures in Japan are down 8 percent compared to one year ago. #9 U.S. companies are drowning in massive amounts of debt, but the corporate debt bubble in China is so bad that the amount of corporate debt in China has actually now surpassed the amount of corporate debt in the United States. #10 One Chinese auditor is warning that up to 80 billion dollars worth of loans in China are backed by falsified gold transactions.  What will that do to the price of gold and the stability of Chinese financial markets as that mess unwinds? #11 The unemployment rate in Greece is currently sitting at 26.7 percent and the youth unemployment rate is 56.8 percent.
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  • #12 67.5 percent of the people that are unemployed in Greece have been unemployed for over a year. #13 The unemployment rate in the eurozone as a whole is 11.8 percent - just a little bit shy of the all-time record of 12.0 percent. #14 The European Central Bank is so desperate to get money moving through the system that it has actually introduced negative interest rates. #15 The IMF is projecting that there is a 25 percent chance that the eurozone will slip into deflation by the end of next year. #16 The World Bank is warning that "now is the time to prepare" for the next crisis. #17 The economic conflict between the United States and Russia continues to deepen.  This has caused Russia to make a series of moves away from the U.S. dollar and toward other major currencies.  This will have serious ramifications for the global financial system as time rolls along.
  • #18 Of course the U.S. economy is struggling right now as well.  It shrank at a 2.9 percent annual rate during the first quarter of 2014, which was much worse than anyone had anticipated.
Paul Merrell

Details Of Assassination Plot On Occupy Movement Leaders Withheld From Public At FBI's Behest - 0 views

www.mintpressnews.com/...202064

surveillance state Occupy-Houston FOIA litigation assassination-plot FBI

shared by Paul Merrell on 14 Feb 15 - No Cached
  • The FBI was right to withhold records about an alleged murder plot targeting the leaders of Occupy Houston, to protect its informants, a federal judge ruled. Plaintiff Ryan Noah Shapiro is a doctoral student at the Massachusetts Institute of Technology. His research includes “the policing of dissent … especially in the name of national security” and “examining FBI and other intelligence agency efforts to preserve domestic surveillance capabilities while simultaneously subverting the Freedom of Information Act,” according to his MIT profile. Shapiro sent the FBI three Freedom of Information Act requests in early 2013, asking for records about “a potential plan to gather intelligence against the leaders of [Occupy Wall Street-related protests in Houston] and obtain photographs, then formulate a plan to kill the leadership [of the protests] via suppressed sniper rifles.” Shapiro told Courthouse News he learned of the alleged plot from FBI documents obtained by investigative reporter Jason Leopold.
  • The FBI had refused to give Shapiro any documents until he filed an April 2013 federal complaint in Washington, D.C., after which the agency gave him 17 pages. U.S. District Judge Rosemary Collyer found last year that the FBI had properly withheld some records, but took issue with its use of Exemption 7 under the FOIA, which protects from disclosure “records or information compiled for law enforcement purposes.” Collyer dismissed the lawsuit this week after reviewing the documents in her chambers. Shapiro challenged the FBI’s withholding of the names of its murder plot sources, claiming there is no privacy expectation for people who could be called to testify as trial witnesses. But Collyer found Monday that the FBI correctly invoked FOIA exemption 7(c), which shields law enforcement records from disclosure if they could constitute an invasion of personal privacy. The judge also agreed with the FBI that exemption 7(d) applied to the case. It allows records to be withheld if they “could reasonably be expected to disclose the identity of a confidential source.”
  • Citing a declaration from FBI agent David Hardy that said the confidential sources are “individuals who are members of organized violent groups,” Collyer said the likelihood of retaliation justified keeping the sources’ identities under wraps. Shapiro vowed to keep fighting for the records. “I’m of course disappointed in, and disagree with, the judge’s ruling. I’m now conferring with my attorney to determine next steps,” Shapiro said in an email. He said he is concerned that the FBI collected dossiers on Occupy protestors while publicly denying it. “The FBI even flatly asserted in a separate FOIA lawsuit of mine that, ‘(T)he FBI determined that it had never opened an investigation on the Occupy movement,'” Shapiro wrote. “Yet, in the course of my FOIA lawsuit against the FBI for records about the sniper plot against Occupy Houston, the FBI contradicted its own position.” Shapiro said that with recently released FBI documents about Occupy Chicago, “We are coming ever closer to finally forcing the FBI to concede it actually possesses a large volume of documents about this FBI-coordinated nationwide investigation of political protesters as supposed terroristic threats to national security.”
Paul Merrell

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

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

surveillance state NSA email-surveilllance lies

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

Senators accuse government of using 'secret law' to collect Americans' data | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...es-clapper-nsa-data-collection

surveillance state NSA blowback senators Clapper

shared by Paul Merrell on 30 Jun 13 - No Cached
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say.
  • "This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."This is the strongest attack yet from Congress since the disclosures began, and comes after Clapper admitted he had given "the least untruthful answer possible" when pushed on these issues by Senators at a hearing before the latest revelations by the Guardian and the Washington Post.In a press statement, the group of senators added: "The recent public disclosures of secret government surveillance programs have exposed how secret interpretations of the USA Patriot Act have allowed for the bulk collection of massive amounts of data on the communications of ordinary Americans with no connection to wrongdoing."
  • They said: "Reliance on secret law to conduct domestic surveillance activities raises serious civil liberty concerns and all but removes the public from an informed national security and civil liberty debate." A spokesman for the office of the director of national intelligence (ODNI) acknowledged the letter. "The ODNI received a letter from 26 senators this morning requesting further engagement on vital intelligence programs recently disclosed in the media, which we are still evaluating. The intelligence and law enforcement communities will continue to work with all members of Congress to ensure the proper balance of privacy and protection for American citizens."The letter was organised by Oregan Democrat Ron Wyden, a member of the intelligence committee, but includes four Republican senators: Mark Kirk, Mike Lee, Lisa Murkowski and Dean Heller.
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  • The senators said they were seeking public answers to the following questions in order to give the American people the information they need to conduct an informed public debate. The specific questions include:• How long has the NSA used Patriot Act authorities to engage in bulk collection of Americans' records? Was this collection underway when the law was reauthorized in 2006?• Has the NSA used USA Patriot Act authorities to conduct bulk collection of any other types of records pertaining to Americans, beyond phone records?• Has the NSA collected or made any plans to collect Americans' cell-site location data in bulk?• Have there been any violations of the court orders permitting this bulk collection, or of the rules governing access to these records? If so, please describe these violations.
  • They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata."The Patriot Act's 'business records' authority can be used to give the government access to private financial, medical, consumer and firearm sales records, among others," said a press statement.In addition to raising concerns about the law's scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say."This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."
Paul Merrell

Court Grants Secrecy for Memo on Phone Data - NYTimes.com - 0 views

www.nytimes.com/...gal-memo-on-phone-records.html

surveillance state FBI secret-law domestic-telephone-records

shared by Paul Merrell on 18 Jan 14 - No Cached
  • A federal appeals court on Friday ruled that the Obama administration may continue to withhold a Justice Department memo that apparently opened a loophole in laws protecting the privacy of consumer data.The memo establishes the legal basis for telephone companies to hand over customers’ calling records to the government without a subpoena or court order, even when there is no emergency, according to a 2010 report by the Justice Department’s inspector general. The details of the legal theory, and the circumstances in which it could be invoked, remain unclear. Related Coverage F.B.I. Made ‘Blanket’ Demands for Phone recordsMARCH 13, 2008 F.B.I. Violated Rules in Obtaining Phone records, Report SaysJAN. 20, 2010 C.I.A. Is Said to Pay AT&T for Call DataNOV. 7, 2013 The ruling, by the United States Court of Appeals for the District of Columbia Circuit, came down on the side of a broad conception of the executive branch’s power to keep secret its interpretation of what the law permits it to do. The ruling may make it easier for the government to shield other memos by the Justice Department’s powerful Office of Legal Counsel from disclosure under the Freedom of Information Act.
  • The document at issue is a classified memo issued by the Office of Legal Counsel on Jan. 8, 2010. A report later that year by the Justice Department’s inspector general at the time, Glenn A. Fine, disclosed the memo’s existence and its broad conclusion that telephone companies may voluntarily provide records to the government “without legal process or a qualifying emergency,” notwithstanding the Electronic Communications Privacy Act.
  • The F.B.I. had asked for the memo as part of an investigation by Mr. Fine into problems with the bureau’s use of so-called exigent letters to obtain telephone and financial records without following any legal procedures.
Paul Merrell

Lawmakers vow to constrain NSA from collecting U.S. phone records - latimes.com - 0 views

www.latimes.com/...cords-20131222,0,6798521.story

surveillance state NSA NSA-blowback NSA-reform legislation

shared by Paul Merrell on 24 Dec 13 - No Cached
  • The drive to end the bulk collection of phone records by the National Security Agency is gaining strength, as Senate Democrats said Sunday that Congress will change the law to ban the practice if President Obama does not do it first. “It’s time to have real reform, not a veneer of reform,” said Sen. Mark Udall (D-Colo.), a longtime critic of the NSA. “We have got to rebuild the American people’s trust in our intelligence community so we can be safe,” he said on ABC’s "This Week." “But we don’t do that by bulk data collection that violates the privacy of Americans. That’s unconstitutional, and has shown to not be effective.” Last week, a federal judge said the routine collection of the dialing records is probably unconstitutional, and a panel appointed by President Obama recommended a major change. “We believe the government shouldn’t hold this data any longer,” Michael Morrell, a former acting director of the CIA and a panel member, said on CBS’ "Face the Nation." He said the phone records could be held by the phone companies or by another private group. Then, the government would “need a court order every time they wanted to query that data,” he said. Despite the need for reforms, Morrell said the original purpose of the program still makes sense. He said it is crucial the NSA and the FBI can move quickly if there is reason to believe that a “terrorist overseas is talking to someone in the United States.”
  • But the government does not need to collect and store all of these dialing records, he said, so long as they are held in private hands. Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) said he will press ahead in January to pass a bill that forbids the NSA from collecting phone records. He is sponsoring the USA Freedom Act with former House Judiciary Committee Chairman F. James Sensenbrenner (R-Wis.) to close what they now see as a loophole in the law.
  • Paul Merrell on 24 Dec 13
     
    Wrong approach, in my opinion. None of the NSA reform measures so far take aim at the problem's roots. Those are unwarranted government secrecy, lack of reviewability by the courts at the request of the affected public, and no clear definition of digital privacy rights. Make something illegal for the NSA to do and DoD will just transfer those responsibilities to another of its agencies or farm it out to one of the other 5 Eyes nations to perform for them.   
Paul Merrell

EU votes to support suspending U.S. data sharing agreements, including passenger flight data | ZDNet - 0 views

www.zdnet.com/ssenger-flight-data-7000017677

surveillance state NSA blowback EU

shared by Paul Merrell on 06 Jul 13 - No Cached
  • The European Parliament on Thursday adopted a joint, cross-party resolution to begin investigations into widespread surveillance of Europeans by the U.S. National Security Agency (NSA). Read this EU to vote to suspend U.S. data sharing agreements, passenger records amid NSA spying scandal Read more In the vote, 483 voted for the resolution, 98 against, and 65 abstained on a vote that called on the U.S. to suspend and review any laws and surveillance programs that "violate the fundamental right of EU citizens to privacy and data protection," as well as Europe's "sovereignty and jurisdiction." The vote also gave backing to the suspension of data sharing deals between the two continents, should the European Commission take action against its U.S. ally.
  • The U.S. government faces continued criticism and pressure from its international allies following news that its intelligence agencies spied on foreign nationals under its so-called PRISM program. The U.K. government was also embroiled in the NSA spying saga, after its signals intelligence intercepting station GCHQ tapped submarine fiber optic cables under its own secret program, code named Tempora. Reuters reported on Wednesday that the Commission is examining whether the U.K. broke EU law, which could lead to fines imposed by the highest court in Europe.
  • Should the Commission decide it necessary to suspend the data sharing agreement of passenger details — including personal and sensitive individual data — it could ultimately lead to the grounding of flights between the EU and the U.S. Dutch MEP Sophie in 't Veld said in a statement after the vote: "We must consider now if the PNR and SWIFT agreements are still tenable in the circumstances." Critics say PNR data has never helped catch a suspected criminal or terrorist before. SWIFT data sharing, which provides U.S. authorities with secure banking details in a bid to crack down on terrorist financing, could also be suspended. A spokesperson for the D66 delegation in Brussels confirmed by email that the English version of the joint motion is "the right one and is leading," despite claims that there were "translation error[s]" between the different versions of the joint resolution.
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  • Members of the European Parliament (MEPs) in a plenary session in Strasbourg voted in favor of a section of the resolution that called on the Commission to "give consideration to all the instruments at their disposal in discussions and negotiations with the U.S. [...] including the possible suspension of the passenger name record (PNR) and terrorist finance tracking program (TFTP) agreements."
  • An EU source familiar with proceedings confirmed that the Commission now has the authority from the Parliament to suspend PNR and TFTP, but it falls at the Commission's discretion. Resolutions passed by the Parliament are not legally binding, but give backing to the Commission should the executive body wish to enact measures against a foreign power or entity. A Commission spokesperson confirmed that there are "no deadlines" on deciding whether it will follow up on the Parliament's resolution.
  • The Parliament's Civil Liberties, Justice and Home Affairs committee was given the authority by Thursday's vote to set up an inquiry to gather evidence from both U.S. and EU sources to assess the impact of the surveillance activities on EU citizens' fundamental right to privacy and data protection.
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news | theguardian.com - 1 views

www.theguardian.com/...e-year-nsa-surveillance-reform

surveillance-state NSA-reform legislation

shared by Paul Merrell on 07 Jun 14 - No Cached
  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
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  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
  • Paul Merrell on 07 Jun 14
     
    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
Paul Merrell

Why Today's Landmark Court Victory Against Mass Surveillance Matters | American Civil Liberties Union - 0 views

www.aclu.org/...inst-mass-surveillance-matters

surveillance state NSA litigation Patriot-Act ACLU 2nd-Circuit

shared by Paul Merrell on 08 May 15 - No Cached
  • In a landmark victory for privacy, a federal appeals court ruled unanimously today that the mass phone-records program exposed two years ago by NSA whistleblower Edward Snowden is illegal because it goes far beyond what Congress ever intended to permit when it passed Section 215 of the Patriot Act. The ruling in ACLU v. Clapper is enormously significant, and not only because the program in question — the first to be revealed by Edward Snowden — is at the heart of a legislative reform effort playing out right now, or because it sparked the most significant debate about government surveillance in decades. The decision could also affect many other laws the government has stretched to the breaking point in order to justify dragnet collection of Americans’ sensitive information. Under the program, revealed in the Guardian on June 5, 2013, telecommunications companies hand over to the NSA, on a daily basis, records relating to the calls of all of their customers. Those records include information about who called whom, when, and for how long. The ACLU sued the NSA over the program just days after it was revealed, and we took the case to the Second Circuit Court of Appeals after it was dismissed by a district court.
  • A few points on what makes the decision so important. 1. It recognizes that Section 215 of the Patriot Act does not authorize the government to collect information on such a massive scale.
  • 2. The decision’s significance extends far beyond the phone records program alone. It implicates other mass spying programs that we have learned about in the past two years and — almost certainly ­— others that the government continues to conceal from the public. For example, we know that the Drug Enforcement Administration, for decades, employed a similar definition of “relevance” to amass logs of every call made from the United States to as many as 116 different countries. The same theory was also used to justify the collection of email metadata. Both those programs have been discontinued, but the legal reasoning hasn’t, and it could very well be the basis for programs the government has never acknowledged to the public, including the CIA’s bulk collection of Americans’ financial records.
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  • 4. The importance of adversarial review. The court recognized that public, adversarial litigation concerning the lawfulness of this spying program was vitally important to its decision — and it drew a direct contrast to the secret, one-sided proceedings that occur in the Foreign Intelligence Surveillance Court.
  • 3. Metadata is incredibly sensitive and revealing. The government has long argued that the phone records program doesn’t reveal the contents of calls, and as such, it is not an invasion of privacy. But metadata, especially in aggregate, can be just as revealing as content, painting a detailed picture of a person’s life. 
  • 5. The congressional reforms under consideration just don’t cut it. Ahead of Section 215’s sunset on June 1, Sen. Majority Leader Mitch McConnell (R-Ky.) is trying to push through a straight reauthorization of the provision, extending its life by another five years. After today’s decision came down, he took to the floor to defend the program — a position altogether at odds with the appeals court decision, with the conclusions of multiple executive-branch review groups who found the program hasn’t been effective in stopping terrorism, and with the clear consensus that supports far-reaching surveillance reform. Another bill in play (which the ACLU neither supports nor opposes), the USA Freedom Act of 2015, doesn’t go nearly far enough, most notably in ensuring that the government cannot engage in broad collection of innocent Americans’ private information.
Paul Merrell

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

www.theguardian.com/...-dragnet-bulk-phone-data-court

surveillance state NSA bulk bulk-collection telephone-metadata litigation 2nd-Circuit

shared by Paul Merrell on 16 Jul 15 - No Cached
  • The leading civil liberties group in the United States has requested a federal court to stop the National Security Agency from collecting Americans’ phone data in bulk through the end of the year.
  • While the surveillance dragnet was phased out by Congress and Barack Obama last month, an American Civil Liberties Union suit seeks to end a twilight, zombie period of the same US phone records collection, slated under the new law to last six months. “Today the government is continuing – after a brief suspension – to collect Americans’ call records in bulk on the purported authority of precisely the same statutory language this court has already concluded does not permit it,” the ACLU writes in a motion filed on Tuesday before the second circuit court of appeals.
  • The venue is significant. On 7 May, as Congress debated ending the domestic phone-records collection, the second circuit ruled the collection was illegal. Yet it did not order Obama’s administration to cease the bulk collection, writing that a preferable option would be to stay out of the unfolding legislative battle over the future scope of US surveillance. That debate ended on 2 June with the passage of the USA Freedom Act, which reinstated expired provisions of the Patriot Act that the government had since 2006 relied upon – erroneously, in the second circuit’s view – for the bulk collection. Yet it ended the NSA’s bulk US phone records collection and created a new mechanism for the NSA to gather “call data records” from telecoms pursuant to a court order.
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  • Within hours of signing the bill, Obama requested that the secret surveillance panel known as the Fisa court reinstate the dragnet, relying on a provision permitting a six-month “transition” period. Judge Michael Mosman granted the request on 29 June. The ACLU, which was the plaintiff in the case the second circuit decided, has indicated since the Fisa court began considering resumption of the dragnet that it would seek an injunction. Its major contention in support of the requested injunction is that despite the Freedom Act’s provision for a transition period, the underlying law authorizing the bulk surveillance remains the same Patriot Act provisions that the second circuit held do not justify the NSA phone-records collection. “There is no sound reason to accord this language a different meaning now than the court accorded it in May. [The Patriot Act] did not authorize bulk collection in May, and it does not authorize it now,” reads the ACLU brief.
Paul Merrell

Why Won't the FBI Tell the Public About its Drone Program? | Electronic Frontier Foundation - 0 views

www.eff.org/...public-about-its-drone-program

surveillance state FBI domestic drones drones

shared by Paul Merrell on 21 Jun 13 - No Cached
  • Today we’re publishing—for the first time—the FBI’s drone licenses and supporting records for the last several years. Unfortunately, to say that the FBI has been less than forthcoming with these records would be a gross understatement. Just yesterday, Wired broke the story that the FBI has been using drones to surveil Americans. Wired noted that, during an FBI oversight hearing before the Senate Judiciary Committee, FBI Director Robert Mueller let slip that the FBI flies surveillance drones on American soil. Mueller tried to reassure the senators that FBI’s drone program “is very narrowly focused on particularized cases and particularized leads.” However, there’s no way to check the Director on these statements, given the Bureau’s extreme lack of transparency about its program.
  • EFF received these records as a result of our Freedom of Information lawsuit against the Federal Aviation Administration (FAA) for the licenses the FAA issues to all public entities wishing to fly drones in the national airspace. As detailed in prior posts and on our drone map, we have already received tens of thousands of pages of valuable information about local, state and federal agencies’ drone flights. However, unlike other federal agencies, including the US Air Force, the Bureau has withheld almost all information within its documents—even including the dates the FAA’s Certificates of Authorization (COAs) were issued. As you can see from the two examples linked below—the first from the Air Force and the second from the FBI—the FBI is withholding information, including something as basic as the city and state of the Bureau’s point of contact, that could in no way be expected to risk circumvention of the law (the applicable test under FOIA, 5 U.S.C. § 552 (b)(7)(E)).
  • The FBI has even withheld information from standard documents that all agencies file with the FAA to support their COA applications, many of which come directly from the drone manufacturer. (Compare, for example, the Air Force’s “LOST_LINK_MISSION” or “AIRCRAFT_SYSTEM” documents with the FBI’s versions of the same documents.) One interesting fact is that the Bureau has withheld most of the records under several statutes and regulations related to the arms exports and the International Traffic in Arms Regulations (ITAR) (see statutes and regulations here, here, and here.) This is surprising because, although ITAR does apply explicitly to drones, not even the US Military has claimed these statutes in withholding information from its drone records. Given the FBI’s past abuses and the information recently revealed about how the Bureau exploits specious interpretations of federal law to help out the NSA’s spying program, we have good reason to be concerned about the FBI’s lack of transparency here. We hope Senator Feinstein will follow up on her concerns about the FBI’s apparent lack of “strictures” in place to protect Americans’ privacy in connection to FBI drone use and demand a full accounting of how, when, where and why the Bureau has been using drones to monitor the public. Download the zip files of the documents here, here, and here.
Paul Merrell

Senators: Limit NSA snooping into US phone records - 0 views

bigstory.ap.org/...-nsa-snooping-us-phone-records

surveillance state NSA Alexander NSA-goals must-read

shared by Paul Merrell on 28 Oct 13 - No Cached
  • One of those senators, Mark Udall, D-Colo., challenged the head of the NSA, Gen. Keith Alexander, on just how far his agency could go when gathering those records. "Is it the goal of the NSA to collect the phone records of all Americans?" Udall asked at Thursday's hearing. "Yes, I believe it is in the nation's best interest to put all the phone records into a lockbox that we could search when the nation needs to do it. Yes," Alexander replied. Udall's counterpart on the committee in proposing more stringent limits, Sen. Ron Wyden, D-Ore., asked Alexander whether the NSA had ever collected or made plans to collect Americans' cellphone signals to track the movements of individual callers. Alexander answered both times that the NSA was not collecting such data and would have to ask for court approval if it wanted to. Questioned further, he cited a classified version of the letter that was sent to senators and said, "What I don't want to do ... is put out in an unclassified forum anything that's classified." Wyden promised to keep asking.
  • Paul Merrell on 28 Oct 13
     
    This is from 27 September 2013. Note the quote from Gen. Alexander saying the NSA wants *all* telephone records in a lockbox for later searches. That's important information about the size of the haystack the NSA wants to build.  
Paul Merrell

M of A - Media Neglect Turkish False Flag Attack Leak And Its Implications - 0 views

www.moonofalabama.org/...leak-and-its-implications.html

war & peace Syria Turkey false-flag NATO

shared by Paul Merrell on 30 Mar 14 - No Cached
  • Some more thoughts on the leaked tape from a meeting in the Turkish foreign ministry which is only very selectively reported in "western" media. A video with recorded voices and English text is available as is the seemingly complete text in two parts. The setting of the recording is this: The voices of the illegal recording believed to belong to Davutoğlu, National Intelligence Organization (MİT) Hakan Fidan, Foreign Ministry Undersecretary Feridun Sinirlioğlu, and Deputy Chief of General Staff Gen. Yaşar Gürel. According to the information obtained from sources, the recording consists of a chat between four officials in Davutoğlu’s office before the commencement of the official meeting with the participation of more civil and military bureaucrats in another room at the Foreign Ministry. It is not clear when exactly the meeting happened. It would fit the situation late last year or early 2014.
  • The major points from my view: Turkey has delivered 2,000 trucks of weapons and ammunition to the insurgents in Syria. There are plans for false flag attacks on Turkey or Turkish property to justify an attack from Turkey on Syria. The Turkish military has great concerns going into and fighting Syria. The general atmosphere between these deciders is one of indecisiveness. Everyone seems to be unclear what Erdogan wants and is waiting for clear orders from above. U.S. military has shortly before the meeting presented fresh plans for a no-fly one over Syria. Then there is the fact in itself that this tape and others leaked. Internal government communication in Turkey and personal communication of Turkish official has been thoroughly compromised. This will hinder future decision making and will erode any trust Turkish government allies may have in it.
  • It is somewhat astonishing how "western" media avoid the content of the leaked tape. An AP report on it makes a lot of the youtube blocking the Turkish government ordered in reaction to the tape. Of the recording itself the AP only mentions this: The four are allegedly heard discussing a military intervention in neighboring Syria, a sensitive political issue in Turkey, although the context of the conversation is not clear. The Washington Post filed that AP report under Technology. This is an incredible disservice to its readers. The Guardian report based on Reuters is not any better: The move by the TIB came hours after an anonymous YouTube account posted a leaked audio recording allegedly of a confidential conversation between Turkish intelligence chief Hakan Fidan, foreign minister Ahmet Davutoglu, undersecretary of the foreign ministry Feridun Sinirlioglu and deputy chief of the general staff, Yasar Gürel, discussing possible military action in Syria. There is no mentioning at all of the false flag attack. The Wall Street Journal comes somewhat nearer to the truth: ... a leaked recording published anonymously on the platform purported to reveal a conversation in which Turkey's foreign minister, spy chief and a top general appear to discuss how to create a pretext for a possible Turkish attack within Syria. For once kudos to the NYT which at least touches one point but leaves out the other important ones: ... the officials were heard discussing a plot to establish a justification for military strikes in Syria. One option that is said to have been discussed was orchestrating an attack on the Tomb of Suleyman Shah ... German media did not do any better.
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  • A NATO ally is planning a false flag attack on its own territory which would implicate NATO Article 5 and other NATO countries' forces and the media do not even touch the issue? This is ludicrous. Related to the Syria issue is another thinly sourced trial balloon, the tenth or so, by the unofficial CIA spokesperson David Ignatius in the Washington Post: The Obama administration, stung by reversals in Ukraine and Syria, appears to have decided to expand its covert program of training and assistance for the Syrian opposition, deepening U.S. involvement in that brutal and stalemated civil war. ... Details of the plan were still being debated Thursday, but its likely outlines were described by knowledgeable officials: ... It follows the list of issues that have been discussed on and on over the last three years, more CIA training for insurgents in Jordan, more weapons, maybe some MANPADs. Ignatius source is here seems to be the CIA friends in the Syrian opposition: The expanded program would “send a clear message to the Assad regime that there is no military solution to the struggle,” according to a March memo to the White House from the opposition. Assad “has no incentive to talk” now, the memo argued, because he thinks he is winning. The rationale, bluntly stated, is that to reach an eventual diplomatic settlement in Syria, it is necessary now to escalate the conflict militarily. This has been a hard pill for Obama to swallow, but prodded by the Saudis, he seems to have reached that point.
  • There are so many caveats in here - "appears to have decided", 2still being debated", "seems to have reached that point" - that I do not believe a word of it. The loudly announced, by Ignatius and others, attack on south Syria has yet to appear and the halfhearted attack by the Turkish supported Jihadists in the north seems to be stuck. I do not anticipate any bigger action by Turkey or the U.S. especially as the such action right now would likely lead to harsher reaction by Russia.
  • Paul Merrell on 30 Mar 14
     
    "A NATO ally is planning a false flag attack on its own territory which would implicate NATO Article 5 and other NATO countries' forces and the media do not even touch the issue? This is ludicrous." Beyond ludicrous. If a NATO member is attacked, all NATO nations are required by treaty to come to that nation's military aid. That Turkey is planning a false flag attack on Syria that could force us into a war deserves far more widespread news coverage.
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Level | WIRED - 0 views

www.wired.com/...foreigners-targeted-for-spying

surveillance-state NSA FBI stats 2013

shared by Paul Merrell on 29 Jun 14 - No Cached
  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Paul Merrell

Appeals court clears hurdle for NSA | TheHill - 0 views

thehill.com/...ls-court-clears-hurdle-for-nsa

surveillance state NSA litigation Klayman appeals

shared by Paul Merrell on 11 Nov 15 - No Cached
  • A federal appeals court Tuesday eliminated a possible roadblock for the National Security Agency (NSA), delaying a judge’s order to halt the agency's controversial data collection.The order from the U.S. Court of Appeals for the D.C. Circuit sets the NSA on a path to wind down its bulk gathering of Americans’ phone records later this month.ADVERTISEMENTOn Monday, Judge Richard Leon of the U.S. District Court for D.C. had sought to end the program immediately, before a Nov. 29 deadline. Leon’s order would have ended the NSA’s collection of records about one California lawyer, though doing that might have required taking the entire system offline, he acknowledged.Late Tuesday afternoon, however, the appeals court stepped in and issued a stay on that order, preventing it from taking effect. The move from the appeals court was widely expected, given that Leon's order would merely kill the program three weeks early.“The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for a stay,” it said in a brief order, “and should not be construed in any way as a ruling on the merits of that motion.”
  • Plaintiffs suing the Obama administration, led by conservative legal activist Larry Klayman, will have until noon Friday to submit arguments on whether the program should be shut down immediately. The government has until the following Monday. Few watchers expect the court to interfere with the NSA’s own schedule, which will take the phone records program offline Nov. 29.Under the current program, the spy agency collects metadata records about millions of Americans’ phone calls, which include the numbers involved in a call, when the call occurred and how long it lasted. The records do not include content about people’s conversations.This summer, Congress passed legislation ending the current system and forcing the NSA to move to a new process in which it requests a narrow set of records from individual phone companies.
  • On Monday, the agency told lawmakers on Capitol Hill that it has “successfully developed a technical architecture to support the new program” and that testing is “underway.”In his Monday order, Leon said that the NSA should not wait until the new system was up and running, since “even one day” of the current program poses a threat to the Constitution. 
  • Paul Merrell on 11 Nov 15
     
    So the Court of Appeals will sit on it until the end of the month and then rule that the case is moot. 
Paul Merrell

Second judge says Clinton email setup may have been in 'bad faith' | Reuters - 0 views

www.reuters.com/...election-clinton-idUSKCN0WV2EI

Auction 2016 Hillary-emails FOIA litigation bad-faith

shared by Paul Merrell on 31 Mar 16 - No Cached
  • A second federal judge has taken the rare step of allowing a group suing for records from Hillary Clinton's time as U.S. secretary of state to seek sworn testimony from officials, saying there was "evidence of government wrong-doing and bad faith."The language in Judge Royce Lamberth's order undercut the Democratic presidential contender's assertion she was allowed to set up a private email server in her home for her work as the country's top diplomat and that the arrangement was not particularly unusual.He described Clinton's email arrangement as "extraordinary" in his order filed on Tuesday in federal district court in Washington.Referring to the State Department, Clinton and Clinton's aides, he said there had been "constantly shifting admissions by the Government and the former government officials."Spokesmen for Clinton did not immediately respond to a request for comment.
  • The case is a civil matter, but the order adds to the legal uncertainty that has overshadowed Clinton's campaign to be the Democratic nominee in the Nov. 8 presidential election. The FBI is also conducting a criminal inquiry into the arrangement after it emerged that classified government secrets ended up in Clinton's unsecured email account. Clinton has said she does not think she will be charged with a crime. Lamberth's order granted the request by Judicial Watch, a conservative watchdog group suing the department under open records laws, to gather evidence, including sworn testimony. The group has filed several lawsuits, including one seeking records about the 2012 attack in Benghazi, Libya, that killed U.S. Ambassador Christopher Stevens and three other Americans."Where there is evidence of government wrong-doing and bad faith, as here, limited discovery is appropriate, even though it is exceedingly rare in FOIA (freedom-of-information) cases," Lamberth noted in his order.The government is normally given the benefit of the doubt that it properly searched and produced records.
  • Since the email arrangement came to public knowledge a year ago, the State Department has found itself defending Clinton in scores of lawsuits from groups, individuals and news outlets who say they were wrongly denied access to Clinton's federal records. Clinton left the department in 2013, but did not return her email records to the government until nearly two years later. Last month, Judge Emmet Sullivan, who is overseeing a separate Judicial Watch lawsuit over other Clinton-related records, allowed a similar motion for discovery.
Gary Edwards

THE TRUTH ABOUT SPYING: The Feds Are Intercepting Your Internet Data And Tech Giants Know It - Business Insider - 0 views

www.businessinsider.com/he-nsas-data-collection-2013-6

Prism NSA-Patriot-Act-NDAA Edward-Snowden

shared by Gary Edwards on 12 Jun 13 - No Cached
  • Last year James Bamford of Wired — who wrote the book "The Shadow Factory: The NSA from 9/11 to the Eavesdropping on America" — reported that the NSA hired secretive companies linked to Israeli intelligence to establish 10 to 20 wiretapping rooms at key Internet Service Provider (ISP) telecommunication points throughout the country.
  • In 2004 AT&T engineer Mark Klein discovered that a special NSA network actively "vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T," emphasizing that "much of the data sent through AT&T to the NSA was purely domestic."
  • Glenn Greenwald revealed that the National Security Agency (NSA) is secretly using the so-called "business records" provision of the Patriot Act to collect telephone records of millions of Americans from Verizon. Greenwald noted that "previous reporting has suggested the NSA has collected cell records from all major mobile networks," which was best illustrated by this ACLU infographic graphic illustrating how the NSA intercepts more than a billion electronic records and communications every day.
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  • NSA whistleblowers William Binney and Thomas Drake corroborated Klein's assertions: Binney contends that the NSA analyzes the information "to be able to monitor what people are doing" and who they are doing it with while Drake maintains that the NSA is using Israeli-made NARUS hardware to "seize and save all personal electronic communications."
  • Eric Lichtblau and James Risen of the New York Times won a Pulitzer-Prize for this 2005 story: As part of the program approved by President Bush for domestic surveillance without warrants, the N.S.A. has gained the cooperation of American telecommunications companies to obtain backdoor access to streams of domestic and international communications, the officials said.
  • in January Google released a transparency report detailing the government's use of controversial legislation that bypasses judicial approval to access the online information of private citizens.
  • Given the fact that the CIA's recently visited tech conference to detail the Agency's vision for collecting and analyzing all of the information people put on the Internet, it would be naïve to think that American tech giants hasn't know that all their data belongs to NSA.
  • Gary Edwards on 12 Jun 13
     
    Timeline for reports and whistleblower information going public about NSA world wide dragnet of information and communications.  Note that the official timeline the NSA slides depict the start of the Internet dragnet as late 2007, when the Bush Administration wrangled Microsoft as a source.  The whistleblower timeline starts in 2001 and is rolling worldwide by 2004.
Paul Merrell

House committee looks into the IRS seizure of 60 million medical records | The Daily Caller - 0 views

dailycaller.com/...-of-60-million-medical-records

surveillance state IRS

shared by Paul Merrell on 16 Jun 13 - No Cached
  • Republican members of the House Energy and Commerce Committee are looking into allegations that the Internal Revenue Service seized 60 million medical records from a California health care provider. “(T)he Committee on Energy and Commerce is investigating allegations that the Internal Revenue Service (IRS), in the course of executing a search warrant at a California health care provider’s corporate headquarters in March 2011, improperly seized the personal medical records of millions of American citizens in possible violation of the Fourth Amendment to the United States Constitution,” members of the committee wrote in a letter Tuesday to Acting IRS Commissioner Daniel Werfel.
  • The search warrant the agents were executing, the committee noted in citing the Court House News report, was allegedly limited to financial records of a former employee of the company, not medical records.
  • “In light of these allegations and in anticipation of the IRS’s increased role in implementing health care under the Patient Protection and Affordable Care Act, we are writing to request information regarding your agency’s ability to both protect the confidential medical information of millions of Americans and respect the safeguards imposed by HIPAA [Health Insurance Portability and Accountability Act],” the letter reads.
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