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Paul Merrell

IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

www.ipsnews.net/...ure-illegal-spying-but-not-u-s

surveillance state NSA NSA-blowback U.N. international law

shared by Paul Merrell on 30 Oct 13 - No Cached
  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
  • Paul Merrell on 30 Oct 13
     
    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
Paul Merrell

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

www.theguardian.com/...ent-spied-human-rights-workers

surveillance state Snowden Council-of-Europe testimony NSA-targets Amnesty Human-Rights-Watch NSA-docs warrantless-search

shared by Paul Merrell on 10 Apr 14 - No Cached
  • 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 votes to protect privacy in digital age - 0 views

bigstory.ap.org/...es-protect-privacy-digital-age

surveillance state NSA-blowback U.N. resolution digital-privacy

shared by Paul Merrell on 22 Dec 13 - No Cached
  • The U.N. General Assembly unanimously adopted a resolution aimed at protecting the right to privacy against unlawful surveillance in the digital age on Wednesday in the most vocal global criticism of U.S. eavesdropping. Germany and Brazil introduced the resolution following a series of reports of U.S. surveillance, interception, and data collection abroad — including on Brazil's President Dilma Rousseff and German Chancellor Angela Merkel — that surprised and angered friends and allies. The resolution "affirms that the same rights that people have offline must also be protected online, including the right to privacy."
  • It calls on the 193 U.N. member states "to respect and protect the right to privacy, including in the context of digital communication," to take measures to end violations of those rights, and to prevent such violations including by ensuring that national legislation complies with international human rights law. It also calls on all countries "to review their procedures, practices and legislation regarding the surveillance of communications, their interception and collection of personal data, including mass surveillance, interception and collection, with a view to upholding the right to privacy of all their obligations under international human rights law." The resolution calls on U.N. members to establish or maintain independent and effective oversight methods to ensure transparency, when appropriate, and accountability for state surveillance of communications, their interception and collection of personal data.
  • General Assembly resolutions are not legally binding but they do reflect world opinion and carry political weight.
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  • The key compromise dropped the contention that the domestic and international interception and collection of communications and personal data, "in particular massive surveillance," may constitute a human rights violation. The resolution instead expresses deep concern at "the negative impact" that such surveillance, "in particular when carried out on a mass scale, may have on the exercise and enjoyment of human rights."
Paul Merrell

SANTIAGO, Chile: Chilean accused of murder, torture taught 13 years for Pentagon | National Security & Defense | McClatchy DC - 0 views

www.mcclatchydc.com/...accused-of-murder-torture.html

war & peace National-Defense-Univ human rights Chile Colombia Operation-Condor

shared by Paul Merrell on 15 Mar 15 - No Cached
  • A member of the late Chilean dictator Augusto Pinochet’s brutal secret police who’s been accused of murder taught for more than a decade at the Pentagon’s premier university, despite repeated complaints by his colleagues about his past. Jaime Garcia Covarrubias is charged in criminal court in Santiago with being the mastermind in the execution-style slayings of seven people in 1973, according to court documents. McClatchy also interviewed an accuser who identified Garcia Covarrubias as the person who sexually tortured him.Despite knowing of the allegations, State and Defense department officials allowed Garcia Covarrubias to retain his visa and continue working at a school affiliated with the National Defense University until last year .Human rights groups also question the school’s selection of a second professor, Colombia’s former top military commander.
  • Some Latin America experts said the hirings by the William J. Perry Center for Hemispheric Defense Studies reflected a continuing inclination by the U.S government to overlook human rights violations in Latin America, especially in countries where it funded efforts to quash leftists. But those experts were especially troubled by Garcia Covarrubias’ long tenure at one of the nation’s most renowned defense institutions. “His hiring undermines our moral authority on both human rights and in the war on terror,” said Chris Simmons, a former Defense Intelligence Agency and Army intelligence officer from 1982 to 2010 who specializes in Latin America. “If he is in fact guilty of what he is accused of, he is a terrorist. Then who are we to tell other countries how they should be fighting terrorism?” To his supporters, Garcia Covarrubias is a brilliant thinker with a Ph.D. and purveyor of leadership skills. To his alleged victims, he’s a sadistic torturer with a penchant for horsewhips and perversity.
  • A 2008 Chilean military document reviewed by McClatchy identified Garcia Covarrubias as a member of the Dirección de Inteligencia Nacional, the feared spy agency known by its acronym DINA.“DINA was simply the most sinister agency in Latin America,” said Peter Kornbluh, a senior analyst with the National Security Archive, which secured the release of U.S. government classified documents underscoring the complicit relationship between the U.S. and Pinochet. “Anyone associated with that agency should never have been allowed into this country, let alone given this job.”Officials with the Pentagon, the State Department and the school refused to comment. Garcia Covarrubias is now back in Chile, ordered by an investigative judge in January 2014 to remain in the country while an inquiry continues into his alleged role in the deaths of seven people in Temuco weeks after the U.S.-backed Pinochet coup on Sept. 11, 1973. His case is one of 108 involving tortured, disappeared or murdered supporters of the deposed elected president, Salvador Allende. More than 3,000 people died at the hands of the regime, and in 2003, then-Secretary of State Colin Powell offered regrets for U.S. involvement in the coup, calling it “not a part of American history that we're proud of.”
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  • The center’s officials who hired and renewed Garcia Covarrubias’ contracts say he was a highly qualified professor and minimize the allegations against him. “We made inquiries with people in the region, in Chile and so forth, and were never given anything negative about Jaime,” said Margaret Daly Hayes, the center’s first director. “He was vetted by the U.S. government, by the (U.S.) Embassy. They obviously didn’t have anything either or he wouldn’t have been hired.”McClatchy, however, located one of his alleged victims, who described being brutalized by him. “They submitted us to torture, twice a day. We were submerged in feces,” Herman Carrasco, who’s now a real estate agent, told McClatchy in Chile. “They stuck rifle barrels in our anuses.”According to Carrasco, the torture unfolded in October and November 1973 – lorded over by the horsewhip-wielding Garcia Covarrubias – and included electric shock administered to eyelids, genitals and other sensitive areas of the body.“He was the person who tortured us, with his face shown,” said Carrasco, who added that he’d known Garcia Covarrubias from social events before the coup. “He forced us into sexual acts, which shows that besides ferocious cruelty there was a level of psychopathic behavior.”
  • Despite very graphic torture accusations against Garcia Covarrubias, U.S. officials are rallying behind him.
  • As the center supported Garcia Covarrubias, it pushed out Andersen in retaliation, the former communications chief said.Last September, Andersen filed a complaint with the Pentagon’s inspector general, with the support of then-Sen. Carl Levin. D-Mich. An inspector general spokeswoman declined to comment. “It’s shameful that at a time the U.S. prestige as a democracy is under attack, that the National Defense University could be playing footsie with a former state terrorism agent,” Andersen said. The details uncovered about Garcia Covarrubias have prompted demands from several members of Congress for a Pentagon accounting of how he was hired and retained his job.“The American people deserve to know that adequate vetting of such individuals would be routine,” said Sen. Patrick Leahy, D-Vt., author of the “ Leahy Law,” which restricts U.S. assistance to foreign security forces that violate human rights.
  • While most of the concerns focused on Garcia Covarrubias, the center also took heat in 2006 for hiring Colombian Gen. Carlos Ospina Ovalle. As army commander, he turned the tables in a decades-old guerrilla war while simultaneously crushing drug cartels. Ospina Ovalle left the center last year and took a post at another National Defense University school.He was hired at the request of the Colombian government and was popular with U.S. military leaders, recalls Downie, the center’s director at the time. “The Colombians wanted, for his own safety, to get him out of Colombia,” said Downie. “This is a guy we certainly wanted to have as a professor.”Human rights groups, however, criticized the general’s hiring and continued employment at the National Defense University. They point to his earlier command in Antioquia province, where right-wing paramilitaries ran roughshod and were linked to the military.“Antioquia in the late 1990s . . . is less than one degree of separation from working with the paramilitaries,” said Adam Isacson, a senior associate specializing in military matters for the Washington Office on Latin America. “If he has not, it’s some miracle that he managed to be the one clean officer.”“Having officers like that, the implicit message is that human rights takes a backseat,” said Isacson.
  • Paul Merrell on 15 Mar 15
Paul Merrell

The Collapse of Europe? « LobeLog - 0 views

www.lobelog.com/the-collapse-of-europe

EU-breakup Hungary Greece Russia China border-restrictions anti-Islam Euroskeptics

shared by Paul Merrell on 28 Jan 15 - No Cached
  • And yet, for all this success, the European project is currently teetering on the edge of failure. Growth is anemic at best and socio-economic inequality is on the rise. The countries of Eastern and Central Europe, even relatively successful Poland, have failed to bridge the income gap with the richer half of the continent. And the highly indebted periphery is in revolt. Politically, the center may not hold and things seem to be falling apart. From the left, parties like Syriza in Greece are challenging the EU’s prescriptions of austerity. From the right, Euroskeptic parties are taking aim at the entire quasi-federal model. Racism and xenophobia are gaining ever more adherents, even in previously placid regions like Scandinavia. Perhaps the primary social challenge facing Europe at the moment, however, is the surging popularity of Islamophobia, the latest “socialism of fools.” From the killings at the Munich Olympics in 1972 to the recent attacks at Charlie Hebdo and a kosher supermarket in Paris, wars in the Middle East have long inspired proxy battles in Europe. Today, however, the continent finds itself ever more divided between a handful of would-be combatants who claim the mantle of true Islam and an ever-growing contingent who believe Islam — all of Islam — has no place in Europe.
  • Europeans are beginning to realize that Margaret Thatcher was wrong and there are alternatives — to liberalism and European integration. The most notorious example of this new illiberalism is Hungary. On July 26, 2014, in a speech to his party faithful, Prime Minister Viktor Orban confided that he intended a thorough reorganization of the country. The reform model Orban had in mind, however, had nothing to do with the United States, Britain, or France. Rather, he aspired to create what he bluntly called an “illiberal state” in the very heart of Europe, one strong on Christian values and light on the libertine ways of the West. More precisely, what he wanted was to turn Hungary into a mini-Russia or mini-China. “Societies founded upon the principle of the liberal way,” Orban intoned, “will not be able to sustain their world-competitiveness in the following years, and more likely they will suffer a setback, unless they will be able to substantially reform themselves.” He was also eager to reorient to the east, relying ever less on Brussels and ever more on potentially lucrative markets in and investments from Russia, China, and the Middle East.
  • For some, the relationship between Hungary and the rest of Europe is reminiscent of the moment in the 1960s when Albania fled the Soviet bloc and, in an act of transcontinental audacity, aligned itself with Communist China. But Albania was then a marginal player and China still a poor peasant country. Hungary is an important EU member and China’s illiberal development model, which has vaulted it to the top of the global economy, now has increasing international influence. This, in other words, is no Albanian mouse that roared. A new illiberal axis connecting Budapest to Beijing and Moscow would have far-reaching implications.
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  • That July speech represented a truly Oedipal moment, for Orban was eager to drive a stake right through the heart of the ideology that had fathered him. As a young man more than 25 years earlier, he had led the Alliance of Young Democrats — Fidesz — one of the region’s most promising liberal parties. In the intervening years, sensing political opportunity elsewhere on the political spectrum, he had guided Fidesz out of the Liberal International and into the European People’s Party, alongside German Chancellor Angela Merkel’s Christian Democrats. Now, however, he was on the move again and his new role model wasn’t Merkel, but Russian President Vladimir Putin and his iron-fisted style of politics. Given the disappointing performance of liberal economic reforms and the stinginess of the EU, it was hardly surprising that Orban had decided to hedge his bets by looking east. The European Union has responded by harshly criticizing Orban’s government for pushing through a raft of constitutional changes that restrict the media and compromise the independence of the judiciary. Racism and xenophobia are on the uptick in Hungary, particularly anti-Roma sentiment and anti-Semitism. And the state has taken steps to reassert control over the economy and impose controls on foreign investment.
  • The Hungarian prime minister, after all, has many European allies in his Euroskeptical project. Far right parties are climbing in the polls across the continent. With 25% of the votes, Marine Le Pen’s National Front, for instance, topped the French elections for the European parliament last May. In local elections in 2014, it also seized 12 mayoralties, and polls show that Le Pen would win the 2017 presidential race if it were held today. In the wake of the Charlie Hebdo shootings, the National Front has been pushing a range of policies from reinstating the death penalty to closing borders that would deliberately challenge the whole European project. In Denmark, the far-right People’s Party also won the most votes in the European parliamentary elections. In November, it topped opinion polls for the first time. The People’s Party has called for Denmark to slam shut its open-door policy toward refugees and re-introduce border controls. Much as the Green Party did in Germany in the 1970s, groupings like Great Britain’s Independence Party, the Finns Party, and even Sweden’s Democrats are shattering the comfortable conservative-social democratic duopoly that has rotated in power throughout Europe during the Cold War and in its aftermath.
  • The Islamophobia that has surged in the wake of the murders in France provides an even more potent arrow in the quiver of these parties as they take on the mainstream. The sentiment currently expressed against Islam — at rallies, in the media, and in the occasional criminal act — recalls a Europe of long ago, when armed pilgrims set out on a multiple crusades against Muslim powers, when early nation-states mobilized against the Ottoman Empire, and when European unity was forged not out of economic interest or political agreement but as a “civilizational” response to the infidel.
  • Euroskepticism doesn’t only come from the right side of the political spectrum. In Greece, the Syriza party has challenged liberalism from the left, as it leads protests against EU and International Monetary Fund austerity programs that have plunged the population into recession and revolt. As elsewhere in Europe, the far right might have taken advantage of this economic crisis, too, had the government not arrested the Golden Dawn leadership on murder and other charges. In parliamentary elections on Sunday, Syriza won an overwhelming victory, coming only a couple seats short of an absolute majority. In a sign of the ongoing realignment of European politics, that party then formed a new government not with the center-left, but with the right-wing Independent Greeks, which is similarly anti-austerity but also skeptical of the EU and in favor of a crackdown on illegal immigration.
  • Paul Merrell on 28 Jan 15
     
    Greece and Hungary moving to the right *and toward Russia and China.* The Syrza Party won big in Greece on Sunday. 
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance | Just Security - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human Rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

Senior UN official castigates World Bank over its approach to human rights | Global development | The Guardian - 0 views

www.theguardian.com/...ecial-rapporteur-philip-alston

banksters World-Bank human rights

shared by Paul Merrell on 25 Oct 15 - No Cached
  • The World Bank’s approach to human rights is disingenuous, outdated and “deeply troubling”, an independent UN investigator has said. Professor Philip Alston, the UN special rapporteur on extreme poverty and human rights, said that after 40 years of inconclusive internal discussions, the Washington-based organisation and its 188 member countries had to realise they could no longer separate human rights from development financing.
  • The World Bank has rejected Alston’s claims. In a recent and unusually scathing report, Alston described the bank’s approach to human rights as “incoherent, counterproductive and unsustainable”, adding that it was for most purposes, “a human rights free zone”, and an institution whose operational policies treat human rights “more like an infectious disease than universal values and obligations”.
Gary Edwards

The Daily Bell - Richard Ebeling on Higher Interest Rates, Collectivism and the Coming Collapse - 0 views

www.thedailybell.com/...tivism-and-the-Coming-Collapse

Richard-Ebeling The-Daily-Bell Austrian-Economics Liberty-Tryanny

shared by Gary Edwards on 17 Jun 13 - No Cached
  • The "larger dysfunction," as you express it, arises out of a number of factors. The primary one, in my view, is a philosophical and psychological schizophrenia among the American people.
  • While many on "the left" ridicule the idea, there is a strong case for the idea of "American exceptionalism," meaning that the United States stands out as something unique, different and special among the nations of the world.
  • the American Founding Fathers constructed a political system in the United States based on a concept on which no other country was consciously founded:
  • ...95 more annotations...
  • But the American Revolution and the US Constitution hailed a different conception of man, society and government.
  • n the rest of the world, and for all of human history, the presumption has been that the individual was a slave or a subject to a higher authority. It might be the tribal chief; or the "divinely ordained" monarch who presumed to rule over and control people in the name of God; or, especially after the French Revolution and the rise of modern socialism, "the nation" or "the people" who laid claim to the life and work of the individual.
  • the idea of individual rights.
  • That is, as long as the individual did not violate the equal rights of others to their life, liberty and property, each person was free to shape and guide his own future, and give meaning and value to his own life as he considered best in the pursuit of that happiness that was considered the purpose and goal of each man during his sojourn on this Earth.
  • Governments did not exist to give or bestow "rights" or "privileges" at its own discretion.
  • Governments were to secure and protect each individual's rights, which he possessed by "the nature of things."
  • The individual was presumed to own himself. He was "sovereign."
  • The real and fundamental notion of "self-government" referred to the right of each individual to rule over himself.
  • Each individual, by his nature and his reason, had a right to his life, his liberty and his honestly acquired property.
  • during the first 150 years of America's history there was virtually no Welfare State and relatively few government regulations, controls and restrictions on the choices and actions of the free citizen.
  • But for more than a century, now, an opposing conception of man, society and government has increasingly gained a hold over the ideas and attitudes of people in the US.
  • It was "imported" from Europe in the form of modern collectivism.
  • The individual was expected to see himself as belonging to something "greater" than himself. He was to sacrifice for "great national causes."
  • He was told that if life had not provided all that he desired or hoped for, it was because others had "exploited" him in some economic or social manner, and that government would redress the "injustice" through redistribution of wealth or regulation of the marketplace.
  • If he had had financial and material success, the individual should feel guilty and embarrassed by it, because, surely, if some had noticeably more, it could only be because others had been forced to live with noticeably less.
  • left on its own, free competition tends to evolve into harmful monopolies and oligopolies, with the wealthy "few" benefiting at the expense of the "many."
  • They are the crises of the Interventionist-Welfare State: the attempt to impose reactionary collectivist policies of political paternalism and redistributive plunder on a society still possessing parts of its original individualist and rights-based roots.
  • it is in the form of communism's and socialism's critique of capitalism.
  • Unregulated capitalism leads to "unearned" and "excessive" profits; unbridled markets generate the business cycle and the hardships of recessions and depressions;
  • These two conflicting conceptions of man, society and government have been and are at war here in the United States.
  • And if it cannot be gotten and guaranteed through the redistributive mechanisms of the European Union and the euro, well, maybe we should return power to our own nation-states to provide the jobs, the social "safety nets" and the financial means to pay for it through, once again, printing our own national paper currencies.
  • This is the political-philosophical bankruptcy of the West and the dead ends of the collectivist promises of the last 100 years.
  • Ludwig von Mises's book, Socialism: An Economic and Sociological Analysis, originally published in 1922, demonstrated how and why a socialist, centrally planned system was inherently unworkable.
  • The nationalization of productive property, the abolition of markets and the prohibition of all competitive exchange among the members of society would prevent the emergence and operation of a price system, without which it is impossible to know people's demands for desired goods and the relative value they place on them.
  • It also prevents the emergence of prices for the factors of production (land, labor, capital) and makes it impossible to know their opportunity costs – the value of those factors of production in alternative competing uses among entrepreneurs desiring to employ them.
  • Without such a price system the central planners are flying blind, unable to rationally know or decide how best to utilize labor, capital and resources in productively efficient ways to make the goods and services most highly valued by the consuming public.
  • Thus, Mises concluded, comprehensive socialist central planning would lead to "planned chaos."
  • And, therefore, there is no guarantee that the amount of investments undertaken and their time horizons are compatible with the available resources not also being demanded and used for more immediate consumer goods production in the society.
  • As a consequence, financial markets do not work like real markets.
  • Thus, the interventionist state leads to waste, inefficiency and misuses of resources that lower the standards of living that we all, otherwise, could have enjoyed.
  • We cannot be sure what the amount of real savings may be in the society to support real and sustainable investment and capital formation.
  • Government intervention prevents prices from "telling the truth" about the real supply and demand conditions thus leading to imbalances and distortions in the market.
  • We cannot know what the "real cost" of borrowing should be, since interest rates are not determined by actual, private sector savings and investment decisions.
  • Government production regulations, controls, restrictions and prohibitions prevent entrepreneurs from using their knowledge, ability and capital in ways that most effectively produce the goods consumers actually want and at the most cost-competitive prices possible.
  • This is why countries around the world periodically experience booms and busts, inflations and recessions − not because of some inherent instabilities or "irrationalities" in financial markets, but because of monetary central planning through central banking that does not allow market-based financial intermediation to develop and work as it could and would in a real free-market setting.
  • But in the United States and especially in Europe, government "austerity" means merely temporarily reducing the rate of increase in government spending, slowing down the rate at which new debt is accumulating and significantly raising taxes in an attempt to close the deficit gap.
  • The fundamental problem is that over the decades, the size and scope of governments in the Western world have been growing far more than the rates at which their economies have been expanding, so that the "slice" of the national economic "pie" eaten by government has been growing larger and larger, even when the "pie" in absolute terms is bigger than it was, say, 30 or 40 years ago.
  • European governments, in general, take the view that "austerity" means squeezing the private sector more through taxes and other revenue sources to avoid any noticeable and significant cuts in what government does and spends.
  • So there is "austerity" for the private sector and a mad rush for financial "safety nets" for the government and those who live off the State.
  • In reality, of course, it is the burdens of government regulation, taxation and impediments to more flexible labor and related markets that have generated the high unemployment rates and the retarded recovery from the recession.
  • Instead, the "common market" ideal has been transformed into the goal of a European Union "Super-State" to which the individual countries and their citizens would be subservient and obedient.
  • Keynesian policies offer people and politicians what they want to hear. Claiming that any sluggish business or lost jobs are due to a lack of "aggregate demand," Keynes argued that full employment and profitable business could only be reestablished and maintained through "activist" government monetary and fiscal policy – print money and run budget deficits.
  • What Britain and Europe should have as its goal is the ideal of the classical liberal free traders of the 19th century – non-intervention by governments in people's lives, at home and abroad. That is, a de-politicization of society, so people may freely work, trade and travel as they peacefully wish, with government merely the protector of people's individual rights.
  • Take the benefits away and tell people they are free to come and work to support themselves and their families. Restore more flexibility and competitiveness to labor markets and reduce taxes and business regulations.
  • Then those who come to Britain's shores will be those wanting freedom and opportunity without being a burden upon others.
  • What was needed was a change in ideas from the statist mentality to one of individual freedom and unhampered free markets.
  • In an epoch of collectivist ideas, don't be surprised if governments regulate, control, intervene and redistribute wealth.
  • The tentacle of regulations, restrictions and politically-correct social controls are spreading out in every direction from Brussels and its European-wide manipulating and mismanaging bureaucracy.
  • In the name of assuring "national prosperity," politicians could spend money to buy the votes that get them elected and reelected to government offices.
  • And every special interest group could make the case that government-spending programs that benefitted them were all reasonable and necessary to assure a fully employed and growing economy.
  • Furthermore, the Keynesian rationale for government deficit spending enabled politicians to seem to be able to offer something for nothing. They could offer, say, $100 of government spending to voters and special interest groups but the tax burden imposed in the present might only be $75, since the remainder of the money to pay for that government spending was borrowed. And that borrowed money would not have to be repaid until some indefinite time in the future by unspecific taxpayers when that "tomorrow" finally arrived.
  • instability
  • Keynes argued that the market economy's inherent
  • arose from the
  • who were subject to irrational and unpredictable waves of "optimism" and "pessimism."
  • animal spirits" of businessmen
  • Mises argued that there was nothing inherent in the market economy to bring about these swings of economic booms followed by periods of depression and unemployment.
  • If markets got out of balance with the necessity of an eventual correction in the economy to, once again, set things right, the source of this instability was government monetary policy.
  • Central banks too often followed a policy of trying to create "good times" in the economy by expanding the money supply through the banking system.
  • With new, excess funds created by the central bank available for lending, banks lower rates of interest to attract borrowers.
  • But this throws savings and investment out of balance, since the rate of interest no longer serves as a reliable indicator and signal concerning the availability of real savings in the economy in relation to those wanting to borrow funds for various investment purposes.
  • The economic crisis comes when it is discovered that all the claims on resources, capital and labor for all the attempted consumption and investment activities in the economy are greater than the actual and available amounts of such scarce resources.
  • The recession period, in Mises's view, is the necessary "correction" period when in the post-boom era, people must adapt and adjust to the newly discovered "real" supply and demand conditions in the market.
  • Any interference with the "rebalancing" of the economy by government raising taxes, imposing more regulations, or new artificial government "stimulus" activities merely makes it more difficult and time-consuming for people in the private sector to get the economy back on an even keel.
  • Friedrich A. Hayek, once observed, unemployment is not "caused" by stopping an inflation, but rather inflation induces the artificial employments that cannot be sustained and which inevitably disappear once the inflation is reined in.
  • The recession of 2008-2009 was the result of several years of central bank stimulus.
  • From 2003 to 2008, the Federal Reserve increased the money supply by about 50 percent.
  • Interest rates for much of this time, when adjusted for inflation, were either zero or negative.
  • Awash in cash, banks extended loans to virtually anyone, with no serious and usual concern about the borrower's credit-worthiness.
  • This was most notably true in the housing market, where government agencies like Fannie May and Freddie Mac were pressuring banks to make mortgage loans by promising a guarantee that they would make good on any bad home loans.
  • Since 2008-2009, the Federal Reserve has, again, turned on the monetary spigot, increasing its own portfolio by almost $3 trillion, by buying US Treasuries, US mortgages and other assets.
  • So why has there not been a complementary explosion of price inflation?
  • In some areas there has been, most clearly in the stock market and the bond market, But the reason why all that newly created money has not brought about a higher price inflation is due to the fact that a large part of all newly created money is sitting as unlent reserves in banks.
  • This is because the Federal Reserve has been paying banks a rate of interest slightly above the market interest rates to induce banks not to lend.
  • (a) general "regime uncertainty," that is, no one knows what government policy will be tomorrow; will ObamaCare be fully implemented after January 2014?;
  • Among the reasons for the sluggish jobs growth in the US are:
  • (b) what will taxes be for the rest of the current president's term in the White House
  • (c) what will the regulatory environment be like for the next three years – in 2012, the government implemented around 80,000 pages of regulations as printed in the Federal Registry;
  • (d) how will the deficit and debt problems play out between Congress and the White House and will it threaten the general financial situation in the country; an
  • (e) what wars, if any, will the government find itself involved in, in places like the Middle East?
  • China
  • is still a controlled and commanded society, with a government that works hard to try to determine what people read, see and think.
  • All these building projects have been brought into existence by a government that not only controls the money supply and manipulates interest rates but also heavy-handedly tells banks whom to specifically loan to and for what investment activities.
  • Central planning is alive and well in China, with the motives being both power and profits for those inside and outside the Communist Party having the most influence and connections in "high" places.
  • In my opinion, China is heading for a great economic crisis, resulting from a highly imbalanced and distorted economic system still guided far more by politics than sound market decision-making.
  • global financial markets in any foreseeable future. It is a money that still primarily exists to serve the political purposes of those who sit in the "inner circles" of power in Beijing.
  • One hundred years ago, in 1913, how many could have predicted that a year later a European-wide war would break out that would lead to the destruction of great European empires and set the stage for the rise of totalitarian collectivism that resulted in an even worse global war two decades later?
  • Thus, whether, at the end of the day, freedom triumphs and the future is one of liberty and prosperity is partly on each one of us.
  • Near the end of his great book, Socialism, Ludwig von Mises said:
  • "Everyone carries a part of society on his shoulders; no one is relieved of his share of responsibility by others. And no one can find a safe way out for himself if society is sweeping towards destruction. Therefore, everyone, in his own interest, must thrust himself vigorously into the intellectual battle. None can stand aside with unconcern; the interests of everyone hang on the result. Whether he chooses or not, every man is drawn into the great historical struggle, the decisive battle into which our epoch has plunged us . . . Whether society shall continue to evolve or where it shall decay lies . . . in the hands of man."
  • In my view, the idea of a "soft landing" is an illusion based on the idea held by central bankers, themselves, that they have the wisdom and ability to know how to "micro-manage" the all the changes and adjustments resulting from their own manipulations of the monetary aggregates. They do not have this wisdom and ability. So hold on for what is most likely to be another rocky road.
  • It was Mises's clear vision that once society has broken the relationship between value and payment, sooner or later people would not know the price of anything.
  • At this point, investment ceases and business becomes furtive and transactional.
  • People cannot plan for the future because they do not understand the reality of the present.
  • Society begins to sink.
  • Gary Edwards on 17 Jun 13
     
    Incredible.  A simple explanation that explains everything.  Rchard Ebeling's "Unified Theory of Everything" is something every American can understand.  If only they would take a break from "Dancing with the Stars" and pay attention to the future of their country and the world.  It's a future where either "individual freedom", as defined by our Constitution and Declaration of Independence, will win out; or, the forces of fascist socialism / marxism will continue to roll and rule.  Incredible read!!!!
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radicalizers' - 0 views

www.huffingtonpost.com/...sa-porn-muslims_n_4346128.html

surveillance state NSA NSA-porn COINTELPRO FBI must-read

shared by Paul Merrell on 28 Nov 13 - No Cached
  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
  • ...6 more annotations...
  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
  • Paul Merrell on 28 Nov 13
     
    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
  • Paul Merrell on 28 Nov 13
     
    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

fas.org/...house-intel

surveillance state NSA-reform Congress legislation

shared by Paul Merrell on 06 Jun 14 - No Cached
  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
  • ...1 more annotation...
  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
  • Paul Merrell on 06 Jun 14
     
    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
  • Gary Edwards on 07 Jun 14
     
    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

Netanyahu's Coalition of the Unwilling « LobeLog - 0 views

www.lobelog.com/hus-coalition-of-the-unwilling

Israel coalition Netanyahu Obama Palestine U.S.-foreign-policy EU

shared by Paul Merrell on 08 May 15 - No Cached
  • After Benjamin Netanyahu’s surprising victory in Israel’s national elections in March, he took until the last possible minute to complete the process of forming the government for his fourth term as Israel’s prime minister. For all the time he invested, despite making it just under the wire, Netanyahu ended up with a fragile, ultra-right-wing coalition and more work ahead of him to bring in at least one more party. The government Netanyahu presented to Israeli President Reuven Rivlin was a bare majority of 61 seats out of the 120-seat Knesset. There are no fig leafs in this coalition, no Tzipi Livni or Ehud Barak for Netanyahu to send to talk fruitlessly with the Palestinians. One might think this would make the coalition more stable, since it consists entirely of the right wing. In this, one would be wrong.
  • Netanyahu is, in fact, desperate to add another party to the coalition because there is so much tension in the current majority, most visibly between Netanyahu’s Likud party and Naftali Bennett’s HaBayit HaYehudi. Likud leaders, including Netanyahu, feel that Bennett essentially held the coalition hostage to his demands. They are quite right about that, but the gambit paid off handsomely for Bennett. HaBayit HaYehudi holds a mere eight seats in the Knesset. Yet Bennett and his party will get four ministries, the deputy defense minister post, as well as the chairs of two key Knesset committees dealing with Israel’s legal system. That is what you get when you play hardball with Netanyahu, a man who likes to talk tough but who is a political creature first and foremost and quickly backs off from a high-stakes fight he is not sure he can win. As things stand, this coalition might not last the year. That is why, after Avigdor Lieberman quit his post as foreign minister and took his greatly diminished party into the opposition, Netanyahu left the post open by keeping that portfolio for himself. In reality, Netanyahu has been the foreign minister all along, so it is not an added burden for him.
  • On the day that Netanyahu was supposed to present his government, he was still eight seats short of a majority. Luckily for Bennett, that was the exact number of seats he controlled and he let Netanyahu know just how lucky he was. Bennett played a game of chicken with Netanyahu, pushing for more and more power within the government and knowing that Bibi was going to have a hard time saying no to anything. Bennett won, and the spoils were vast. The far-right HaBayit HaYehudi party now controls the ministries of education, agriculture, justice, and diaspora affairs. The position of deputy defense minister will also be theirs. It is even worse than it sounds. With the ministry of agriculture comes control over the World Zionist Organization’s Settlement Division, which funds the expansion of settlements. Uri Ariel, perhaps the most extreme pro-settler member of the Knesset, will have that portfolio.
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  • Shaked is certain to work hard to undermine Israel’s fragile legal system. She will also be heading the powerful Ministerial Committee for Legislation and the Judicial Appointments Committee, giving her even more leverage to eliminate a legal system that she sees as a bastion of the left. Moreover, she is very likely to be minister of justice when the next attorney general is appointed. Uri Ariel can be equally certain to press hard for as much settlement expansion—all over the West Bank and, especially, in East Jerusalem—as the available shekels and the defense minister, who will still be Moshe Ya’alon, will allow. I would rather not even think about what Bennett, the new minister of education, is going to do to the minds of Israeli students. Academia is also thought of as a bastion of the left in Israel, and the climate for free thought in Israeli institutions is certainly threatened now.
  • A Question of Longevity The real question about all of this is how long it will last. An ultra-right government like this one is not going to get along well with the Obama administration or most of Europe, although the Republican-led Congress is likely to fall in love with it. Some may hope that this will be a case of things getting so bad that political pressure for improvement must come. Sadly, such is not the history of Israel or of this conflict. Netanyahu will be spending the next few months trying to woo Isaac Herzog into the government, and this is what the whole game comes down to. If Herzog joins and creates a national unity government of 85 seats, this government will survive. The Labor Party, which makes up most of the Zionist Union, is unlikely to provide much of a counter to the right-wing majority. Much more likely is that, as has happened in the past, many of Labor’s Knesset members and other leaders will bolt the party rather than serve as a fig leaf for such a far-right government.
  • If Herzog does not join the government, this fourth Netanyahu government will not outlast Barack Obama’s presidency, and might not even come close. The right wing does not play well together, and it will take nothing more than a few well-timed votes of no-confidence to take down this government even if none of the parties bolts. Even that scenario, however, offers little hope. The last elections were hailed as a comeback for Labor, but the center and left still cannot form a coalition without the Joint List (a coalition of mostly Arab parties), and that remains anathema in Israeli politics. In fact, little changed in the left-right balance in the last elections, and that is showing no signs of turning around. It has never been clearer that positive change in Israel is going to require some sort of meaningful action by the United States and/or Europe. If that does not come, and it does not seem to be on the horizon, disaster looms.
  • Paul Merrell on 08 May 15
     
    The dust settles quickly in Israel. Already -- -- A bill is moving through the Knesset and is expected to pass, permanently annexing the entire Jordan Valley and the Syrian Golan Heights.   --  The Israeli military is conducting large-scale maneuvers in the West Bank. Palestinians are seeing it as prelude to a mass eviction of Palestinians from the Jordan Valley.   -- A large section of East Jerusalem has been walled off with an iron gate, prelude to annexation and expulsion of its Palestinian residents. -- Netanyahu is so desperate for posts to offer another party in the national government that he has introduced legislation in the Knesset which would suspend, until the next government is formed, the limit on the number of cabinet ministers and deputy ministers and to allow ministers without portfolio. The centrist Yesh Atid party has served notice of intent to sue to block the legislation.  
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

mondoweiss.net/...exclusive-palestine-apartheid

war & peace Israel ICC charges Palestine war crimes apartheid

shared by Paul Merrell on 26 Jun 15 - No Cached
  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

As Colombian Oil Money Flowed To Clintons, State Department Took No Action To Prevent Labor Violations - 0 views

www.ibtimes.com/o-action-prevent-labor-1874464

Auction 2016 Hillary Colombia human rights Rubiales bribery

shared by Paul Merrell on 10 Apr 15 - No Cached
  • For union organizers in Colombia, the dangers of their trade were intensifying. When workers at the country’s largest independent oil company staged a strike in 2011, the Colombian military rounded them up at gunpoint and threatened violence if they failed to disband, according to human rights organizations. Similar intimidation tactics against the workers, say labor leaders, amounted to an everyday feature of life. For the United States, these were precisely the sorts of discomfiting accounts that were supposed to be prevented in Colombia under a labor agreement that accompanied a recently signed free trade pact liberalizing the exchange of goods between the countries. From Washington to Bogota, leaders had promoted the pact as a win for all -- a deal that would at once boost trade while strengthening the rights of embattled Colombian labor organizers. That formulation had previously drawn skepticism from many prominent Democrats, among them Hillary Clinton. Yet as union leaders and human rights activists conveyed these harrowing reports of violence to then-Secretary of State Clinton in late 2011, urging her to pressure the Colombian government to protect labor organizers, she responded first with silence, these organizers say. The State Department publicly praised Colombia’s progress on human rights, thereby permitting hundreds of millions of dollars in U.S. aid to flow to the same Colombian military that labor activists say helped intimidate workers.
  • At the same time that Clinton's State Department was lauding Colombia’s human rights record, her family was forging a financial relationship with Pacific Rubiales, the sprawling Canadian petroleum company at the center of Colombia’s labor strife. The Clintons were also developing commercial ties with the oil giant’s founder, Canadian financier Frank Giustra, who now occupies a seat on the board of the Clinton Foundation, the family’s global philanthropic empire. The details of these financial dealings remain murky, but this much is clear: After millions of dollars were pledged by the oil company to the Clinton Foundation -- supplemented by millions more from Giustra himself -- Secretary Clinton abruptly changed her position on the controversial U.S.-Colombia trade pact. Having opposed the deal as a bad one for labor rights back when she was a presidential candidate in 2008, she now promoted it, calling it “strongly in the interests of both Colombia and the United States.” The change of heart by Clinton and other Democratic leaders enabled congressional passage of a Colombia trade deal that experts say delivered big benefits to foreign investors like Giustra.
  • The Clinton Foundation, Giustra and the State Department did not respond to International Business Times' requests for comment. Pacific Rubiales has denied that it has engaged in any violence toward union organizers. As Hillary Clinton readies a national apparatus for her likely presidential campaign -- one that will surely depend upon the support of American labor unions -- her family’s relationship with Giustra and Pacific Rubiales, her reversal on the Colombia trade pact and her subsequent move to bless Colombia’s human rights record complicate her efforts to present herself as a champion of worker rights.  These issues were amplified this week when the AFL-CIO cited persistent violence against Colombian union organizers in its push to block a new 12-nation trade deal that Clinton has championed.
  • Paul Merrell on 10 Apr 15
     
    Bribery? We ain't talking about campaign donations here.
Paul Merrell

The Real Villains of the Bergdahl Tale | Consortiumnews - 0 views

consortiumnews.com/...-villains-of-the-bergdahl-tale

war & peace U.S.-foreign-policy Afghanistan Obama neocons

shared by Paul Merrell on 05 Jun 14 - No Cached
  • The right-wing media is denouncing Sgt. Bowe Bergdahl as a “deserter” who wasn’t worth ransoming from the Taliban, but the real villains are the architects of the disastrous Iraq and Afghan wars who frivolously put the many Bergdahls in harm’s way, writes ex-CIA analyst Ray McGovern. By Ray McGovern For me, the Sgt. Bowe Bergdahl affair brings back angry memories of how, in 2009, President Barack Obama caved in to be-medaled and be-ribboned generals like David Petraeus and ordered a modified-limited-hangout-type “surge” of 33,000 troops into Afghanistan. Consequential cowardice at work – trading lives for political advantage – as bad as it gets. Bergdahl was quick to discern that he and his comrades were pawns of a policy doing far more harm than good in terms of helping the Afghans. Emailing from Afghanistan in late June 2009, Bergdahl pointed out the main problem in these words: “In the US army you are cut down for being honest… but if you are a conceited brown nosing shit-bag you will be allowed to do what ever you want.”
  • But how far up the line did this behavior go? Did it include Petraeus, described by CENTCOM commander Admiral William “Fox” Fallon as “an ass-kissing little chickenshit” after a meeting at which Petraeus fawned over Fallon, then his superior? (Why is it that the Fox Fallons are the ones who get sacked? Although Petraeus’s charmed government career was finally done in by a sex scandal in December 2012.) Do Fallon’s epithets toward Petraeus apply equally to commander-in-chief Obama who ordered the “surge” into Afghanistan, which – like its first still-born twin “surge” in Iraq two years earlier – predictably did little more than get a lot of folks killed and buy some time for the architects of the two misguided adventures to get some distance between their original decisions and the ultimate failures.
  • Paul Merrell on 05 Jun 14
     
    Former CIA analyst Ray McGovern has some very harsh words for Barack Obama and some good advice as well. I was a little slowed-down by McGovern's use of the term "right wing" to describe television networks; dumping on Sgt. Bergdahl certainly wasn't confined to Fox News; it's happening throughout mainstream media.  Then I realized that he was using the term in the sense employed nearly everywhere but in U.S. mainstream media land; "right-wing" denotes a position that supports maximal government power and minimizes the citizenry's rights. "Left-wing" takes the opposite tack. And within those senses, McGovern is absolutely correct to brand all of mainstream media as right-wing. They're virtually all pro-oligarchists peddling American exceptionalism fascism under an imperial presidency as being good for all Americans.      
Paul Merrell

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

www.theguardian.com/...pressure-childrens-rights-list

war & peace U.N. Israel IDF child-rights

shared by Paul Merrell on 20 Mar 15 - No Cached
  • 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.”
  • Paul Merrell on 20 Mar 15
     
    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

Syria Right to Hit NATO Warplanes - 0 views

sputniknews.com/...ia-nato-planes-cunningham.html

war & peace Syria sovereignty NATO airstrikes S-300

shared by Paul Merrell on 09 Dec 15 - No Cached
  • Translated from Arabic language Alrai Media (thanks to the reliable Fort Russ Russian news site), the senior Syrian officer at the operations room is quoted as saying: “Soon Syria will announce that any country using the airspace without coordinating with Damascus will be viewed as hostile and [we] will shoot the jet down without warning. Those willing to fight terrorism and coordinate with the military leadership will be granted safe corridors.” This may seem like a dangerous escalation. American fighter jets have been bombing Syrian territory since September 2014, having carried out thousands of air strikes allegedly against the Islamic State (IS) terror group (also known by its Arabic name Daesh). Since the Paris terror attacks last month, France has stepped up its air strikes in Syria too. In the past week, Britain and Germany parliaments have voted for their air forces to join the other NATO members in aerial operations. The US-led bombing coalition in Syria also includes Turkey, Saudi Arabia and Qatar. Russia is the only country whose military aircraft are legally deployed in Syria because Moscow has the full consent of the Syrian government. All the others do not have consent from Damascus. So we have at least seven foreign powers deploying their warplanes to bomb Syrian territory – all in violation of international law.
  • It is irrelevant whether the US-led alliance claims to be fighting terrorists, or whether they claim it is in “self-defence” as France, Britain and Germany are. The Germany justice minister Heiko Maas, speaking after the Bundestag voted for military action this week, claimed that the United Nations Security Council resolution passed last month in the wake of the Paris attacks makes the German intervention legal. That UNSC resolution does not specifically sanction military action. In any case, the ultimate legal criterion is the position of the Syrian state authorities. Western governments and their media have done everything to discredit, demonise and delegitimise the Syrian government. That’s part of the US-led criminal enterprise for regime change in Syria. But the fact remains, Syria is a sovereign state fully entitled the legal rights of all other UN members. If the Syrian government of President Bashar al-Assad – which is the internationally recognised governing authority of Syria and retains its seat at the UN – does not consent to foreign military intervention, then that intervention is illegal, as Moscow and Damascus have repeatedly pointed out. Syria, with the S-300 missile system supplied by its Russian ally, now has the technical means to defend its borders and airspace from all intruders. It also has the legal right to defend the inviolability of its territory. After all, US President Barack Obama invoked this right with regard to Turkey after the shoot-down of the Russian Su-24. Obama said Turkey had “every right to protect its skies” (even though the evidence shows that the Russian fighter jet did not breach Turkish territory). In other words: what’s good for Turkey is good for Syria, as for any other nation.
  • Now, some might say it is a reckless move for Syria to train its skies with the powerful S-300. If a US, French, British or German warplane is shot down then that may ignite a full-on war with the American NATO military alliance. Russia would inevitably be dragged into the fight, which could slide into a world war between nuclear powers. But hold on a minute. That logic amounts to the US and its allies using such fear as a weapon to disarm others and to prevent sovereign states from exercising their rights. Such a dynamic is a blank cheque for powers to bully and oppress others. As Russian President Vladimir Putin has said time and again, the issue is one abiding by international law. Without respect for international law then the world resorts to the law of the jungle and barbarism, as Putin said in his recent state of the nation speech. What we have seen in recent years since the US-led wars in Afghanistan and Iraq in 2001-2003 is the wholesale erosion of sovereignty. This has involved the overt deployment of military force and the covert use of “asymmetric war”, says American political analyst Randy Martin (who writes at crookedbough.com).
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  • “The use of proxy military force by the US and its NATO allies has been seen in regime-change operations in Libya, Syria and Ukraine, combined with media propaganda campaigns and economic sanctions,” says Martin. “A key strategy here by the Washington-led powers is to erode sovereign rights of designated enemy states.” The deployment of so-called Islamist terror groups to destabilise Syria as with neo-Nazi paramilitaries in Ukraine is all part of the West’s asymmetric warfare. For whatever reason, the US bombing coalition is claiming that it is combating the IS jihadists in Syria. However, the evidence shows that Western “combat” efforts in Syria are very late in coming and not very effective, indicating a lack of commitment to genuinely defeat the terror network.
  • There is also reason to believe that the NATO rush to bomb IS oil smuggling routes in Syria is really motivated by a need to cover up the tracks of Western collusion with the terror groups. The American CIA and British MI6, along with Turk military intelligence, have been implicated in running the terror “rat lines”. Russian intelligence is lifting the lid on this sordid racket. Western air strikes without the approval of the Syrian government are not only illegal, they lack credibility in their stated aim. But either way, the imperative here is that Syria re-establishes its sovereignty and the principles of international law. If Syria is lost, then Western state sponsored banditry and terrorism will only escalate. Russia is already being targeted by the West’s asymmetric warfare, as is Iran and China. Therefore, a line has to be drawn. And with Russia’s military support, Syria has the power to do just that. From now on, NATO warplanes violating Syrian territory should be put on notice. Keep out or get shot down.
  • Paul Merrell on 09 Dec 15
     
    I'm not seeing that Syria has much else in the way of choices. It's either re-establish its sovereignty rights or completely lose control of its airspace.My guess is that this winds up with some kind of deal that enables NATO to keep flying missions in Syria but requires more cooperation and coordination with Syria and Russia. Which will have the neocons and neolibs in Washington, D.C. screaming for a lynch mob.
  • Paul Merrell on 10 Dec 15
     
    On the reasons that Syria has to take this hard "line in the sand" to protect its sovereignty, see Tony Cartalucci at http://journal-neo.org/2015/12/07/americas-creeping-war-in-syria/ and the analysis by The Saker at http://thesaker.is/week-nine-of-the-russian-intervention-in-syria-the-empire-strikes-back/ Add in the facts that Turkey has already invaded Syria to establish a firebase in order to protect its Syrian oil smuggling racket (and ISIL supply lines) and that Turkey has massed an entire heavy armored division on the Syrian border poised for full-scale invasion. See http://southfront.org/turkey-invaded-syria-captured-tal-ziyab/ and http://southfront.org/turkey-is-ready-to-invide-syria-concentrated-1000-units-of-military-equipment-at-the-border/ So far it's an incremental invasion, perhaps probing to see how Syria and Russia will react. The answer: a line in the sand on any more NATO flights over Syria.
Gary Edwards

Oklahoma House Passes Bill to Ban UN Agenda 21 - 0 views

thenewamerican.com/...asses-bill-to-ban-un-agenda-21

Oklahoma Agenda-21

shared by Gary Edwards on 20 Mar 13 - No Cached
  • Gary Edwards on 20 Mar 13
     
    The State of Oklahoma looks to be well on its way towards joining Alabama, Kansas, and Tennessee as States passing laws to block any efforts to implement the insidious United Nations socialist initiative known as Agenda 21.   Excerpts: lawmakers on both sides of the aisle in Tennessee adopted a resolution blasting the dubious UN agenda as a radical "socialist" plot at odds with individual liberty, private-property rights, and the U.S. Constitution. Lawmakers in Kansas followed suit. Numerous other state governments, under heavy pressure from activists across the political spectrum, are also working to ban the "sustainable development" scheme in their jurisdictions. City and county governments, meanwhile, are taking action to protect residents, too.  "One of the goals of the United Nations Agenda 21 Initiative is to influence governments," Kern explained. "My constituents are concerned about that influence and about their property rights being infringed upon by government regulations that originated from Agenda 21. My legislation addresses those concerns by protecting individual property rights." "The Oklahoma bill passed by the House last week reads: "The state or any political subdivision of the state shall not adopt or implement policy recommendations that deliberately or inadvertently infringe upon or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to United Nations Agenda 21/Sustainable Development." Also prohibited under the measure is state or local government participation in "any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Oklahoma Constitution." The legislation also ensures that state and local governments are barred from working with UN-linked groups promoting the controversial agenda. "Since the United Nations has accredited or enlisted numerous nongovernmental and intergovernmen
Gary Edwards

75 Economic Numbers From 2012 That Are Almost Too Crazy To Believe - 0 views

theeconomiccollapseblog.com/...re-almost-too-crazy-to-believe

economic-collapse Obammunism Obamanomics

shared by Gary Edwards on 13 Jan 13 - No Cached
  • Gary Edwards on 13 Jan 13
     
    Thanks to Marbux we have this extraordinary collection of facts and figures describing the economic catastrophe that has hit the USA.  excerpt: "What a year 2012 has been!  The mainstream media continues to tell us what a "great job" the Obama administration and the Federal Reserve are doing of managing the economy, but meanwhile things just continue to get even worse for the poor and the middle class.  It is imperative that we educate the American people about the true condition of our economy and about why all of this is happening.  If nothing is done, our debt problems will continue to get worse, millions of jobs will continue to leave the country, small businesses will continue to be suffocated, the middle class will continue to collapse, and poverty in the United States will continue to explode.  Just "tweaking" things slightly is not going to fix our economy.  We need a fundamental change in direction.  Right now we are living in a bubble of debt-fueled false prosperity that allows us to continue to consume far more wealth than we produce, but when that bubble bursts we are going to experience the most painful economic "adjustment" that America has ever gone through.  We need to be able to explain to our fellow Americans what is coming, why it is coming and what needs to be done.  Hopefully the crazy economic numbers that I have included in this article will be shocking enough to wake some people up. The end of the year is a time when people tend to gather with family and friends more than they do during the rest of the year.  Hopefully many of you will use the list below as a tool to help start some conversations about the coming economic collapse with your loved ones.  Sadly, most Americans still tend to doubt that we are heading into economic oblivion.  So if you have someone among your family and friends that believes that everything is going to be "just fine", just show them these numbers.  They are a good summary of the problems that the U
Gary Edwards

» Add Boston Marathon Bombing to pile of Failed Eliminationist Narratives - Le·gal In·sur·rec·tion - 1 views

legalinsurrection.com/...iled-eliminationist-narratives

Big-Media-Madness terrorism Tea-Party-Patriots

shared by Gary Edwards on 21 Apr 13 - No Cached
  • Gary Edwards on 21 Apr 13
     
    Interesting collection of youtube video clips demonstrating the socialists media's determined bias to blame the Tea Party Patriots for various acts of Islamic terrorism. excerpt: "It started with Bill Sparkman, the part-time Census worker who went missing and then was found dead, setting off an avalanche of mainstream media and left-blogosphere accusations that he was the victim of anti-government "right-wing" hate.  It turned out that Sparkman killed himself, but there were few if any apologies coming. The Sparkman accusations were based on nothing more than a desire to demonize the newly formed and rapidly growing Tea Party movement as terrorists and un-American.  It was as if they were hoping for an act of Tea Party violence. Yet there was a theory behind the madness, the Eliminationist Narrative created by Dave Neiwart of Crooks and Liars about an "eliminationist" radical right seeking to dehumanize and eliminate political opposition.  It was a play on the over-used narrative of Richard Hofstadter's "paranoid style" in American politics. The Eliminationist Narrative was aided and abetted by an abuse of the term "right-wing" to include groups who are the opposite of conservatism and the Tea Party movement. In the case of Sparkman, the accusations were just Another Failed Eliminationist Narrative.  And the Eliminationist Narrative would fail time and time again: James Holmes Jared Loughner The Cabby Stabber The "killer" of Bill Sparkman Amy Bishop The Fort Hood Shooter The IRS Plane Crasher The Pentagon Shooter We can now add the Boston Marathon Bombing to the pile.  The wild speculation that there was a Tea Party or "right-wing" connection proved false. It turns out two Muslim Chechens apparently inspired by jihadist videos and ideology turned on the country which welcomed them with open arms. Just another Failed Eliminationist Narrative, for which there will be no apologies."
Gary Edwards

Clinton Articles of Impeachment - Senate Votes - 1 views

law2.umkc.edu/...senatevotes.html

impeachment articles-of-impeachment

shared by Gary Edwards on 29 Oct 12 - No Cached
  • Gary Edwards on 29 Oct 12
     
    "Article One: In his conduct while President of the United States, William Jefferson Clinton, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the judicial process of the United States for his personal gain and exoneration, impeding the administra tion of justice, in that: On August 17, 1998, William Jefferson Clinton swore to tell the truth, the whole truth, and nothing but the truth before a Federal grand jury of the United States. Contrary to that oath, William Jefferson Clinton willfully provided perjurious, false and misleading testimony to the grand jury concerning one or more of the following: (1) the nature and details of his relationship with a subordinate Government employee; (2) prior perjurious, false and misleading testimony he gave in a Federal civil rights action brought against him; (3) prior false and misleading statements he allowed his attorney to make to a Federal judge in that civil rights action; and (4) his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence in that civil rights action. In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States. Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States. Article Two: Obstruction of Justice .. In his conduct while President of the United States, William Jefferson Clinton, in viola
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