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Paul Merrell

The same motive for anti-US 'terrorism' is cited over and over | Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

www.guardian.co.uk/...-terrorism-motives-us-violence

war & peace war crimes decline of the American Empire

shared by Paul Merrell on 25 Apr 13 - No Cached
  • News reports purporting to describe what Dzhokhar Tsarnaev told US interrogators should, for several reasons, be taken with a huge grain of salt. The sources for this information are anonymous, they work for the US government, the statements were obtained with no lawyer present and no Miranda warnings given, and Tsarnaev is "grievously wounded", presumably quite medicated, and barely able to speak.
  • In the last several years, there have been four other serious attempted or successful attacks on US soil by Muslims, and in every case, they emphatically all say the same thing: that they were motivated by the continuous, horrific violence brought by the US and its allies to the Muslim world - violence which routinely kills and oppresses innocent men, women and children:
  • It should go without saying that the issue here is causation, not justification or even fault. It is inherently unjustifiable to target innocent civilians with violence, no matter the cause (just as it is unjustifiable to recklessly kill civilians with violence). But it is nonetheless vital to understand why there are so many people who want to attack the US as opposed to, say, Peru, or South Africa, or Brazil, or Mexico, or Japan, or Portugal. It's vital for two separate reasons.First, some leading American opinion-makers love to delude themselves and mislead others into believing that the US is attacked despite the fact that it is peaceful, peace-loving, freedom-giving and innocent. As these myth-makers would have it, we don't bother anyone; we just mind our own business (except when we're helping and liberating everyone), so why would anyone possibly want to attack us?
  • ...3 more annotations...
  • Second, it's crucial to understand this causation because it's often asked "what can we do to stop Terrorism?" The answer is right in front of our faces: we could stop embracing the polices in that part of the world which fuel anti-American hatred and trigger the desire for vengeance and return violence.
  • There seems to be this pervasive belief in the US that we can invade, bomb, drone, kill, occupy, and tyrannize whomever we want, and that they will never respond. That isn't how human affairs function and it never has been. If you believe all that militarism and aggression are justified, then fine: make that argument. But don't walk around acting surprised and bewildered and confounded (why do they hate us??) when violence is brought to US soil as well. It's the inevitable outcome of these choices, and that's not because Islam is some sort of bizarre or intrinsically violent and uncivilized religion. It's because no group in the world is willing to sit by and be targeted with violence and aggression of that sort without also engaging in it
  • Being targeted with violence is a major cost of war and aggression. It's a reason not do it. If one consciously decides to incur that cost, then that's one thing. But pretending that this is all due to some primitive and irrational religious response and not our own actions is dangerously self-flattering and self-delusional. Just listen to what the people who are doing these attacks are saying about why they are doing them. Or listen to the people who live in the places devastated by US violence about the results. None of it is unclear, and it's long past time that we stop pretending that all this evidence does not exist.
  • Paul Merrell on 25 Apr 13
     
    "Terrorism is the price of empire. If you do not wish to pay the price, you must give up the empire"  - Pat Buchanan, Where the Right Went Wrong
Paul Merrell

Are all telephone calls recorded and accessible to the US government? | Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

www.guardian.co.uk/...hone-calls-recorded-fbi-boston

surveillance state privacy rights digital surveillance

shared by Paul Merrell on 06 May 13 - No Cached
  • On Wednesday night, Burnett interviewed Tim Clemente, a former FBI counterterrorism agent, about whether the FBI would be able to discover the contents of past telephone conversations between the two. He quite clearly insisted that they could:BURNETT: Tim, is there any way, obviously, there is a voice mail they can try to get the phone companies to give that up at this point. It's not a voice mail. It's just a conversation. There's no way they actually can find out what happened, right, unless she tells them?
  • CLEMENTE: "No, there is a way. We certainly have ways in national security investigations to find out exactly what was said in that conversation. It's not necessarily something that the FBI is going to want to present in court, but it may help lead the investigation and/or lead to questioning of her. We certainly can find that out.BURNETT: "So they can actually get that? People are saying, look, that is incredible.CLEMENTE: "No, welcome to America. All of that stuff is being captured as we speak whether we know it or like it or not."
  • "All of that stuff" - meaning every telephone conversation Americans have with one another on US soil, with or without a search warrant - "is being captured as we speak". On Thursday night, Clemente again appeared on CNN, this time with host Carol Costello, and she asked him about those remarks. He reiterated what he said the night before but added expressly that "all digital communications in the past" are recorded and stored:
  • ...1 more annotation...
  • Let's repeat that last part: "no digital communication is secure", by which he means not that any communication is susceptible to government interception as it happens (although that is true), but far beyond that: all digital communications - meaning telephone calls, emails, online chats and the like - are automatically recorded and stored and accessible to the government after the fact. To describe that is to define what a ubiquitous, limitless Surveillance State is.
Paul Merrell

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

www.guardian.co.uk/...wall-street-prosecutions-obama

Obama Banksters financial-crisis financial-collapse Federal-Reserve-Bankster-Cartel financial-oligarchs

shared by Paul Merrell on 24 Jan 13 - No Cached
  • PBS' Frontline program on Tuesday night broadcast a new one-hour report on one of the greatest and most shameful failings of the Obama administration: the lack of even a single arrest or prosecution of any senior Wall Street banker for the systemic fraud that precipitated the 2008 financial crisis: a crisis from which millions of people around the world are still suffering. What this program particularly demonstrated was that the Obama justice department, in particular the Chief of its Criminal Division, Lanny Breuer, never even tried to hold the high-level criminals accountable. What Obama justice officials did instead is exactly what they did in the face of high-level Bush era crimes of torture and warrantless eavesdropping: namely, acted to protect the most powerful factions in the society in the face of overwhelming evidence of serious criminality. Indeed, financial elites were not only vested with immunity for their fraud, but thrived as a result of it, even as ordinary Americans continue to suffer the effects of that crisis.
  • Worst of all, Obama justice officials both shielded and feted these Wall Street oligarchs (who, just by the way, overwhelmingly supported Obama's 2008 presidential campaign) as they simultaneously prosecuted and imprisoned powerless Americans for far more trivial transgressions. As Harvard law professor Larry Lessig put it two weeks ago when expressing anger over the DOJ's persecution of Aaron Swartz: "we live in a world where the architects of the financial crisis regularly dine at the White House." (Indeed, as "The Untouchables" put it: while no senior Wall Street executives have been prosecuted, "many small mortgage brokers, loan appraisers and even home buyers" have been).
Gary Edwards

Take A Break From The Snowden Drama For A Reminder Of What He's Revealed So Far - Forbes - 0 views

www.forbes.com/...er-of-what-hes-revealed-so-far

NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden

shared by Gary Edwards on 26 Jun 13 - No Cached
  • Here’s a recap of Snowden’s leaked documents published so far, in my own highly subjective order of importance.
  • The publication of Snowden’s leaks began with a top secret order from the Foreign Intelligence Surveillance Court (FISC) sent to Verizon on behalf of the NSA, demanding the cell phone records of all of Verizon Business Network Services’ American customers for the three month period ending in July. The order, obtained by the Guardian, sought only the metadata of those millions of users’ calls–who called whom when and from what locations–but specifically requested Americans’ records, disregarding foreigners despite the NSA’s legal restrictions that it may only surveil non-U.S. persons. Senators Saxby Chambliss and Diane Feinstein defended the program and said it was in fact a three-month renewal of surveillance practices that had gone for seven years.
  • A leaked executive order from President Obama shows the administration asked intelligence agencies to draw up a list of potential offensive cyberattack targets around the world. The order, which suggests targeting “systems, processes and infrastructure” states that such offensive hacking operations “can offer unique and unconventional capabilities to advance U.S. national objectives around the world with little or no warning to the adversary or target and with potential effects ranging from subtle to severely damaging.” The order followed repeated accusations by the U.S. government that China has engaged in state-sponsored hacking operations, and was timed just a day before President Obama’s summit with Chinese President Xi Jinping.
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  • Another leaked slide deck revealed a software tool called Boundless Informant, which the NSA appears to use for tracking the origin of data it collects. The leaked materials included a map produced by the program showing the frequency of data collection in countries around the world. While Iran, Pakistan and Jordan appeared to be the most surveilled countries according to the map, it also pointed to significant data collection from the United States.
  • In a congressional hearing, NSA director Keith Alexander argued that the kind of surveillance of Americans’ data revealed in that Verizon order was necessary to for archiving purposes, but was rarely accessed and only with strict oversight from Foreign Intelligence Surveillance Court judges. But another secret document published by the Guardian revealed the NSA’s own rules for when it makes broad exceptions to its foreign vs. U.S. persons distinction, accessing Americans’ data and holding onto it indefinitely. Those exceptions include anytime Americans’ data is judged to be “significant foreign intelligence” information or information about a crime that has been or is about to be committed, any data “involved in the unauthorized disclosure of national security information,” or necessary to “assess a communications security vulnerability.” Any encrypted data that the NSA wants to crack can also be held indefinitely, regardless of whether its American or foreign origin.
  • Documents leaked to the Guardian revealed a five-year-old British intelligence scheme to tap transatlantic fiberoptic cables to gather data. A program known as Tempora, created by the U.K.’s NSA equivalent Government Communications Headquarters (GCHQ) has for the last 18 months been able to store huge amounts of that raw data for up to 30 days. Much of the data is shared with the NSA, which had assigned 250 analysts to sift through it as of May of last year.
  • Another GCHQ project revealed to the Guardian through leaked documents intercepted the communications of delegates to the G20 summit of world leaders in London in 2009. The scheme included monitoring the attendees’ phone calls and emails by accessing their Blackberrys, and even setting up fake Internet cafes that used keylogging software to surveil them.
  • Snowden showed the Hong Kong newspaper the South China Morning Post documents that it said outlined extensive hacking of Chinese and Hong Kong targets by the NSA since 2009, with 61,000 targets globally and “hundreds” in China. Other SCMP stories based on Snowden’s revelations stated that the NSA had gained access to the Chinese fiberoptic network operator Pacnet as well as Chinese mobile phone carriers, and had gathered large quantities of Chinese SMS messages.
  • The Guardian’s Glenn Greenwald has said that Snowden provided him “thousands” of documents, of which “dozens” are newsworthy. And Snowden himself has said he’d like to expose his trove of leaks to the global media so that each country’s reporters can decide whether “U.S. network operations against their people should be published.” So regardless of where Snowden ends up, expect more of his revelations to follow.
  • Gary Edwards on 26 Jun 13
     
    Nice tight summary
Paul Merrell

After Criticism, Washington Post Disavows 'Russian Propaganda' Blacklist Of Indie Media - 0 views

www.mintpressnews.com/...222991

fake-news-propaganda Wapo retreat

shared by Paul Merrell on 09 Dec 16 - No Cached
  • AUSTIN, Texas — Amid a wave of widespread criticism and legal threats, the Washington Post has added a lengthy editor’s note to an article which alleged that a host of independent media websites were spreading Russian propaganda. Washington Post added editor's note to top of "Russian propaganda" story after being called out for shoddy reportinghttps://t.co/dWKbZJGS9a pic.twitter.com/skGiZUX2Ls — Ben Norton (@BenjaminNorton) December 7, 2016 The article, written by Craig Timberg and published on Nov. 24, relied largely on information compiled by PropOrNot, an anonymous group that claims to be comprised of media analysts and researchers. At the time the Post story was published, the group’s homepage featured a list of 200 websites, including MintPress News and many other well-established independent media outlets, which the organization alleges are either deliberately or inadvertently spreading Russian propaganda. Among other criticisms levied against the group, PropOrNot’s research depends on overly broad criteria. According to its own stated methodology, criticism of the ”US, Obama, Hillary Clinton, the EU, Angela Merkel, NATO, Ukraine, Jewish people, US allies, the ‘mainstream media,’ and democrats, the center-right or center-left, and moderates of all stripes,” would be grounds for inclusion on “The List.” The Post added an editor’s note to the article on Wednesday in an apparent attempt to distance the newspaper from the controversy. “The Washington Post on Nov. 24 published a story on the work of four sets of researchers who have examined what they say are Russian propaganda efforts to undermine American democracy and interests,” the note begins.
  • While Timberg’s article does refer to the work of multiple researchers, the bulk of the report relied on allegations made by PropOrNot. The Washington Post continued: “One of them was PropOrNot, a group that insists on public anonymity, which issued a report identifying more than 200 websites that, in its view, wittingly or unwittingly published or echoed Russian propaganda. A number of those sites have objected to being included on PropOrNot’s list, and some of the sites, as well as others not on the list, have publicly challenged the group’s methodology and conclusions. The Post, which did not name any of the sites, does not itself vouch for the validity of PropOrNot’s findings regarding any individual media outlet, nor did the article purport to do so.” Numerous websites, including MintPress, have objected to their inclusion on “The List.” On Tuesday, James Moody, the lawyer representing the publisher of the website Naked Capitalism, demanded a formal retraction and public apology on Tuesday. Moody wrote: “You did not provide even a single example of ‘fake news’ allegedly distributed or promoted by Naked Capitalism or indeed any of the 200 sites on the PropOrNot blacklist. You provided no discussion or assessment of the credentials or backgrounds of these so-called ‘researchers’ (Clint Watts, Andrew Weisburd, and J.M. Berger and the “team” at PropOrNot), and no discussion or analysis of the methodology, protocol or algorithms such ‘researchers’ may or may not have followed.” Backlash against both PropOrNot and the Post’s story hasn’t just come from media outlets included on “The List,” though.
  • “The group promoted by the Post … embodies the toxic essence of Joseph McCarthy, but without the courage to attach individual names to the blacklist,” wrote Ben Norton and Glenn Greenwald in The Intercept, which was not featured on the PropOrNot list, on Nov. 26. The Post’s editor’s note concludes: “Since publication of The Post’s story, PropOrNot has removed some sites from its list.” However, MintPress and Naked Capitalism remain on “The List,” as do respected alternative and independent media sites Antiwar.com, Black Agenda Report, Truthout, and Truthdig. Overall, the Post’s new position seemed poorly received by many of the media analysts who have criticized the story. On Wednesday evening, Adam Johnson, a reporter who writes for Fairness and Accuracy in Reporting, tweeted that the Post editors who refuse to retract the story are “a bunch of cowards.” what a bunch of cowards. "This blacklist that served as the entire news basis of our piece is bullshit but we wont retract the story" https://t.co/V5ZSwSMgTg — Adam H. Johnson (@adamjohnsonNYC) December 7, 2016 Timberg’s article appeared amid widespread outcry over the apparent threat of “fake news” against American democracy. Kevin Gosztola, managing editor of Shadowproof, told MintPress editor-in-chief Mnar Muhawesh that the rush to create “blacklists” of media outlets undermines the freedom of the press.
  • ...1 more annotation...
  • “When you start to put people on lists you’re actually diminishing speech,” Gosztola said in an interview with Muhawesh for “Behind the Headline.”
  • Paul Merrell on 09 Dec 16
     
    The Washington Post backpedals from its "fake news" story.
Paul Merrell

Netanyahu and Trump: A Shared Focus on Terrorism « LobeLog - 0 views

lobelog.com/mp-a-shared-focus-on-terrorism

terrorism™-history Israel Netanyahu

shared by Paul Merrell on 14 Feb 17 - No Cached
  • Scholars of terrorism credit a specific 1979 symposium in Jerusalem as a turning point in the U.S. and international usage of “terrorism” as we understand it today. The Jonathan Institute, founded following the death of Benjamin Netanyahu’s brother Yonatan during a raid to rescue hostages from a PLO hijacking, hosted a 1979 conference in Jerusalem— and a follow up in 1984 in Washington—on “International Terrorism.” Directed by Benjamin Netanyahu, the Jonathan Institute maintained close ties to the Israeli government. Current and former Israeli officials across the political spectrum—including Golda Meir, Menachem Begin, Yitzhak Rabin, Ezer Weizman, Moshe Dayan, and Shimon Peres—dominated its administrative committee. Lisa Stampnitsky, in her 2013 book Disciplining Terror, discusses how the Jonathan Institute helped internationalize Israel’s use of the term to describe terrorist violence as both irrational and illegitimate in both means and ends, and as primarily targeting democracies and “the West.” Previously, she notes, terrorism referred largely to rational political violence, either state or individual, and was dealt with as an issue of criminality and law. The shift helped Israel delegitimize the political aims of certain groups, such as the Palestinian resistance to its colonization and territorial occupation. One cannot be a “freedom fighter” if one’s political aims are demonized as illegitimate or irrational. Stampnitsky argues that the shift to using terrorism to describe violence outside the law also set the stage for retaliatory strikes (such as the 1986 U.S. air strikes in Libya in response to a bombing at a Berlin disco that killed an American soldier) and eventually for the doctrine of preemptive force that has characterized the post-9/11 “War on Terror.”
  • Israel’s role in the development of a specifically anti-Muslim discourse of terrorism is deeply intertwined with the foreign policies of American politicians. As Deepa Kumar and others have pointed out, American neocons and Israel’s Likud party jointly developed a shared language around Islamic terrorism. The 1979 Jonathan Institute conference was attended by prominent American officials and political figures, including future President George H.W. Bush and representatives of the American Enterprise Institute, the Center for Strategic and International Studies, and Commentary magazine who brought the ideas, and later a follow-up conference, back to the U.S. Intended to serve as an intervention into the international discourse on terrorism, the explicit aim of the Jerusalem conference was to awaken the Western world to the problem of terrorism as defined by the conference organizers. It contributed to entrenching in the minds of American conservatives what was popularized a few years later as the “clash of civilizations,” firmly situating Israel in the category of Western democracies threatened by Soviets and Palestinians. The follow-up conference in the United States in 1984 went further by emphasizing the relationship between Islam and terror. As Netanyahu himself wrote in the book that came out of the conference: “the battle against terrorism was part of a much larger struggle, one between the forces of civilization and the forces of barbarism.” Then, as now, Netanyahu presented Israel as the bulwark against terrorism, a specific kind of illegitimate political violence that threatens not just Israel but all democracies and the Western world.
  • Echoes of this framing of the debate on terrorism can be found in how Western politicians, including Netanyahu and Trump, discuss the issue. Terrorism, which has no single agreed-upon definition in U.S. or international law, now serves as a moniker applied to all violence that established states deem illegitimate. Most often these days, Western democracies use “terrorism” to describe violence committed by Muslims. As journalist Glenn Greenwald writes, “In other words, any violence by Muslims against the West is inherently ‘terrorism,’ even if targeted only at soldiers at war and/or designed to resist invasion and occupation.” The term functions not as a descriptive tool but an ideological one. It doesn’t merely identify a particular kind of violence. It justifies and even requires a particular kind of forceful response by the state. Israel today presents itself as the world’s expert on counterterrorism. It maintains a profitable security industry predicated on selling expertise and technology tested in its interactions with Palestinians. American tax dollars have been funneled into this industry through U.S. military aid, over 25% of which Israel was allowed to spend domestically (the new military aid deal signed by the Obama White House will phase out this allowance over the next 10 years, sending the rest of the $3.8 billion per year to U.S. defense contractors). The United States and Israel collaborate on counterterrorism initiatives, including joint military exercises and police exchange programs. Here tactics and skills are developed and exchanged for surveillance and violent repression of protests that primarily impact Muslims and people of color in the U.S. and Palestinians and Black Jews in Israel.
  • ...1 more annotation...
  • In this context, Trump’s framing of his anti-Muslim immigration policies as a national security priority to keep out terrorists is nothing new. What is new in this political moment is the extent to which the U.S. public is seeing straight through this discourse and rallying against discrimination and bigotry. Ahead of Trump and Netanyahu’s meeting this week, there’s an opportunity to pay attention to how these discourses have enabled Israel to justify decades of military occupation and human rights abuses with the discourse of national security and counterterrorism. As the Trump administration goes back to the drawing board to devise restrictive immigration policies that will hold up in court, Netanyahu and Israel’s example shouldn’t be far from mind.
Paul Merrell

Glenn Greenwald: Obama the Warriorl   : Information Clearing House - 0 views

www.informationclearinghouse.info/article31454.htm

obama romney foreign policy campaign rhetoric

shared by Paul Merrell on 22 Jul 12 - No Cached
  • Last week, the journal Foreign Policy published an extraordinary article – not extraordinary because of what it says, but because of who said it. It was written by Aaron David Miller, a lifelong D.C. foreign policy bureaucrat who served as a Middle East adviser to six different Secetaries of State in Democratic and GOP administrations. Miller’s article, which compared Barack Obama and Mitt Romney on foreign policy, was entitled “Barack O’Romney,” and the sub-headline said it all: “Ignore what the candidates say they’ll do differently on foreign policy. They’re basically the same man.” It began this way: “If Barack Obama is reelected, he ought to consider making Mitt Romney his new secretary of state” because “despite his campaign rhetoric, Romney would be quite comfortable carrying out President Obama’s foreign policy because it accords so closely with his own.”
  • Miller devotes himself to debunking one of the worst myths in Washington, propagated out of self-interest by conservatives and progressives alike: namely, that there is a vast and radical difference between the parties on most key issues and that bipartisanship is so tragically scarce. In the foreign policy context which is his expertise, Miller explains that — despite campaign rhetoric designed to exaggerate (or even invent) differences in order to motivate base voters — the reality is exactly the opposite
Paul Merrell

How the NSA Almost Killed the Internet | Threat Level | Wired.com - 0 views

www.wired.com/...all

surveillance state NSA NSA-blowback Internet-Balkanization

shared by Paul Merrell on 08 Jan 14 - No Cached
  • Greenwald was the first but not the only journalist that Snowden reached out to. The Post’s Barton Gellman had also connected with him. Now, collaborating with documentary filmmaker and Snowden confidante Laura Poitras, he was going to extend the story to Silicon Valley. Gellman wanted to be the first to expose a top-secret NSA program called Prism. Snowden’s files indicated that some of the biggest companies on the web had granted the NSA and FBI direct access to their servers, giving the agencies the ability to grab a person’s audio, video, photos, emails, and documents. The government urged Gellman not to identify the firms involved, but Gellman thought it was important. “Naming those companies is what would make it real to Americans,” he says. Now a team of Post reporters was reaching out to those companies for comment. It would be the start of a chain reaction that threatened the foundations of the industry. The subject would dominate headlines for months and become the prime topic of conversation in tech circles. For years, the tech companies’ key policy issue had been negotiating the delicate balance between maintaining customers’ privacy and providing them benefits based on their personal data. It was new and contro­versial territory, sometimes eclipsing the substance of current law, but over time the companies had achieved a rough equilibrium that allowed them to push forward. The instant those phone calls from reporters came in, that balance was destabilized, as the tech world found itself ensnared in a fight far bigger than the ones involving oversharing on Facebook or ads on Gmail. Over the coming months, they would find themselves at war with their own government, in a fight for the very future of the Internet.
  • Paul Merrell on 08 Jan 14
     
    This lengthy article's lead is great, but it barely crawls by the end. Summary: Major internet company execs are worried about their own customer blowback and potential balkanization of the Internet due to the NSA revelations. 
Paul Merrell

DNI Clapper: Transparency is the Way Forward - Secrecy News - 0 views

blogs.fas.org/...dni-transparency

surveillance state NSA clapper transparency

shared by Paul Merrell on 06 Feb 14 - No Cached
  • The primary lesson that emerges from the unauthorized disclosures of classified intelligence information by Edward Snowden is that U.S. intelligence agencies must be more transparent in their operations, said Director of National Intelligence James R. Clapper yesterday. “The major takeaway for us, certainly for me, from the past several months is that we must lean in the direction of transparency, wherever and whenever we can,” DNI Clapper told the Senate Intelligence Committee. “With greater transparency about these intelligence programs the American people may be more likely to accept them,” he said, promising “further declassification.” Another possibility, he acknowledged, is that even with greater transparency the American people will choose not to accept certain kinds of intelligence programs. “If dealing with reduced capacities is what we need to ensure the faith and confidence of the American people and their elected representatives, then we in the intelligence community will work as hard as we can to meet the expectations before us,” DNI Clapper said.
  • The primary lesson that emerges from the unauthorized disclosures of classified intelligence information by Edward Snowden is that U.S. intelligence agencies must be more transparent in their operations, said Director of National Intelligence James R. Clapper yesterday. “The major takeaway for us, certainly for me, from the past several months is that we must lean in the direction of transparency, wherever and whenever we can,” DNI Clapper told the Senate Intelligence Committee. “With greater transparency about these intelligence programs the American people may be more likely to accept them,” he said, promising “further declassification.” Another possibility, he acknowledged, is that even with greater transparency the American people will choose not to accept certain kinds of intelligence programs.
  • Already, the Snowden disclosures have caused “profound damage” to U.S. intelligence, the DNI said. “What Snowden has stolen and exposed has gone way, way beyond his professed concerns with so-called domestic surveillance programs. As a result, we’ve lost critical foreign intelligence collection sources, including some shared with us by valued partners.” “Snowden claims that he’s won and that his mission is accomplished. If that is so, I call on him and his accomplices to facilitate the return of the remaining stolen documents that have not yet been exposed to prevent even more damage to U.S. security,” the DNI said. The use of the word “accomplices” appeared to suggest that the DNI views the journalists who possess and report on the Snowden documents as Snowden’s partners in crime, and even as criminals themselves. “Is it now the official view of the Obama administration that these journalists and media outlets are ‘accomplices’ in what they regard as Snowden’s crimes? If so, that is a rather stunning and extremist statement,” wrote Glenn Greenwald, who first reported on the Snowden releases last June.
Paul Merrell

Norway´s secret surveillance of Russian politics for the NSA - nyheter - Dagbladet.no - 0 views

www.dagbladet.no/...30877258

surveillance state NSA Russia Norway

shared by Paul Merrell on 19 Dec 13 - No Cached
  • A Top Secret document shows the extensive cooperation between the Norwegian Intelligence Service (NIS) and the US National Security Agency (NSA). It confirms and specifies that Norway is conducting surveillance on Russia and that the NIS is sharing intelligence information with the NSA.The NIS provides the NSA with information on:• Politicians• Energy• ArmamentNSA is one of the largest intelligence services in the USA, and has global reach. Dagbladet has gained access to the document, leaked by the whistleblower Edward Snowden, and is today presenting parts of it´s content. This article is written in cooperation with journalist Glenn Greenwald, who is known worldwide because of his access to the many documents leaked by Snowden.
  • Paul Merrell on 19 Dec 13
     
    What? No surveillance for Russian terrorists? 
Gary Edwards

XKeyscore: NSA tool collects 'nearly everything a user does on the internet' | World news | theguardian.com - 1 views

www.theguardian.com/...top-secret-program-online-data

Edward-Snowden Glenn-Greenwald NSA NSA-Patriot-Act-NDAA NSA-Whistleblower

shared by Gary Edwards on 01 Aug 13 - No Cached
  • The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
  • The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10
  • "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
  • ...23 more annotations...
  • US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
  • But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
  • XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
  • Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
  • Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets.
  • But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
  • One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
  • The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
  • Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
  • One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
  • Email monitoring
  • One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
  • To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
  • One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications.
  • Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
  • Chats, browsing history and other internet activity
  • Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
  • An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
  • The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
  • The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
  • William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
  • The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
  • "The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
  • Gary Edwards on 01 Aug 13
     
    "One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One
  • Paul Merrell on 02 Aug 13
     
    "But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.
Paul Merrell

Democratic establishment unmasked: prime defenders of NSA bulk spying l Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

www.guardian.co.uk/...democratic-establishment-nsa

surveillance state NSA bi-partisan obama legislation

shared by Paul Merrell on 25 Jul 13 - No Cached
  • Paul Merrell on 25 Jul 13
     
    Rep. Michelle Bachman needs an education about the First and Fourth Amendments, as do over 200 other members of the U.S. House of Representatives. If you click through on the link to the roll call vote results to see how your member of Congress voted, you may encounter a black-on-black screen if you are using Google Chrome. However, that results page displays just fine in Firefox.   
Paul Merrell

On Obama's cancellation of summit with Putin and extradition [ Glenn Greenwald | Comment is free | theguardian.com - 0 views

www.theguardian.com/...bama-putin-extradition-snowden

surveillance state NSA Snowden extradition Russia

shared by Paul Merrell on 08 Aug 13 - No Cached
  • Former Bush-era CIA and NSA director Michael Hayden appeared on CNN this week and confirmed that our reporting on the NSA's X-Keyscore program was accurate, telling the nation that we should all be grateful for those capabilities.NYU journalism professor Jay Rosen has a superb essay on the behavior of the US media in NSA stories.Foreign Policy CEO and Editor David Rothkopf becomes the latest establishment figure to recognize, as he puts it in a quite good column: "I have myself been too slow to recognize that the benefits we have derived from Snowden's revelations substantially outweigh the costs associated with the breach."
  • Meanwhile, 150 press freedom and human rights groups from around the world issued a letter demanding that the US cease prosecuting Snowden on the ground that "Snowden's disclosures have triggered a much-needed public debate about mass surveillance online everywhere" and "thanks to him, we have learned the extent to which our online lives are systematically monitored by governments, without transparency, accountability or safeguards from abuse."
  • Finally, Princeton University international law professor Richard Falk has an Op-Ed today explaining that the granting of asylum to Snowden wasn't just within Russia's rights, but was legally compelled.
  • ...1 more annotation...
  • The US frequently refuses extradition requests where, unlike with Snowden, it involves serious crimes and there is an extradition treaty
Paul Merrell

OpEdNews - Article: Al-Qaeda To The Rescue - 0 views

www.opednews.com/...y-Pepe-Escobar-130806-611.html

surveillance state anti-terrorism propaganda

shared by Paul Merrell on 09 Aug 13 - No Cached
  • When the going gets tough, count on the Ministry of Truth to get going.  The end of Ramadan was imminent. The jihadi chattering classes of that fuzzy entity, al-Qaeda in the Arabian Peninsula (AQAP), went on overdrive. It was jailbreak galore from Libya to Pakistan via Iraq. And all this in perfect synch with two successive fatwas issued by that perennial bogeyman, former Osama bin Laden sidekick Ayman "Doctor Evil" al-Zawahiri.  Imagine a rushed crisis meeting at the highest levels of the Orwellian/Panopticon complex: "Gentlemen, we have a golden opportunity here. We are under siege by defector spy Edward Snowden -- liberated by the Soviets -- and that terrorist hack Greenwald. Snowden may be winning: even among US public opinion, there's a growing perception we may be more of a threat than al-Qaeda.So we must show we are vigilantly protecting our freedoms. Yes; we're gonna scream Terra, Terra, Terra!"   Instantly, we have the closing, with much fanfare, of plenty of US embassies and consulates in the "Muslim world" and a State Department "worldwide" travel alert -- soon expanded by Interpol. Confusion ensues -- with many trying to figure out whether backpacking in Thailand or eating fresh caviar in Baku is a surefire way of not being blown up. 
  • Paul Merrell on 09 Aug 13
     
    Pepe Escobar mocks the Obama Administration's terror alert and closing of U.S. embassies in claimed anticipation of a terrorist attack. He warns of a looming false flag attack. 
Paul Merrell

OpEdNews - Article: Our Man In Moscow - 0 views

www.opednews.com/...y-Pepe-Escobar-130802-867.html

security state NSA Snowden asylum extradition

shared by Paul Merrell on 06 Aug 13 - No Cached
  • Barack Obama virtually screamed his lungs out telling Russian President Vladimir Putin he had to hand him Snowden "under international law." Putin repeatedly said this was not going to happen.  Obama even phoned Putin. Nothing. Washington even forced European poodles to down Bolivian President Evo Morales' plane. Worse. Moscow kept following the letter of Russian law and eventually granted temporary asylum to Snowden.  The Edward Snowden saga has turned the Pentagon's Full Spectrum Dominance doctrine on its Hydra-head. Not only because of the humbling of the whole US security state apparatus, but also for exploding the myth of Full Spectrum Dominance by POTUS.  Obama revealed himself once again as a mediocre politician and an incompetent negotiator. Putin devoured him as a succulent serving of eggs benedict. Glenn Greenwald will be inflicting death by a thousand leaks -- because he is in charge of Snowden's digital treasure chest. And Snowden took a taxi and left the airport -- on his own terms.  Layers and layers of nuances have been captured in this fascinating discussion at Yves Smith's blog -- something impossible to find across Western corporate media. For POTUS, all that's left is to probably boycott a bilateral meeting with Putin next month, on the sidelines of the G20 summit in St Petersburg. Pathetic does not even begin to explain it. 
  • There's got to be a serious glitch with the collective IQ of these people. The Obama administration as well as the Orwellian/Panopticon complex are in shock because they simply cannot stop death by a thousand leaks. The Roving Eye is among those who suspect the NSA has no clue about what Snowden, as a systems administrator, was able to download (especially because someone with his skills can easily delete traces of access). Even the top NSA robot -- General Keith Alexander -- admitted on the record the "no such agency" does not know how Snowden pulled it off. He could have left a bug, or infected the system with a virus. The fun may have not even started. 
  • This Big Brother obsession with watching, tracking, monitoring, controlling, decoding virtually everything we do digitally is leading to monumental stupidities like Google searches attracting armed US government's agents to one's house, as is pricelessly detailed here. And still Paranoia Paradise has not isolated Washington from a major ass-kicking in Afghanistan and Iraq, or has foreseen the 2008 financial crisis; but then again it probably did, and the elites who arbitraged all that massive inside information royally profited from it.  For the moment, what we have is an Orwellian/Panopticon complex that will persist with its unchecked powers; an aphasic populace; a quiet, invisible man in a Moscow multitude; and a POTUS consumed with boundless rage. Watch out. He may be tempted to wag the (war) dog. 
  • Paul Merrell on 06 Aug 13
     
    Pepe Escobar's take on the Obama Administration and Edward Snowden's leaked documents, and on the forthcoming Balkanization of the Internet. Will Obama be remembered most for destroying the Global Internet? 
Paul Merrell

Michael Hayden talks to CNN about XKEYSCORE program. - 0 views

www.slate.com/...n_about_xkeyscore_program.html

surveillance state NSA xKeyScore Deep Dive Hayden

shared by Paul Merrell on 17 Aug 13 - No Cached
  • Does the NSA really operate a vast database that allows its analysts to sift through millions of records showing nearly everything a user does on the Internet, as was recently reported? Yes, and people should stop worrying and learn to love it, according former NSA chief Gen. Michael Hayden. Last week, the Guardian published a series of leaked documents revealing new details about an NSA surveillance program called XKEYSCORE. The newspaper said that the program enabled the agency to “search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals,” and secret slides dated 2008 showed how people could be deemed a target for searching the Web for “suspicious stuff” or by using encryption. Following the disclosures, Hayden appeared on CNN to discuss the agency’s surveillance programs. The general, who directed the NSA from 1999 through 2005, was remarkably candid in his responses to Erin Burnett’s questions about the Guardian’s XKEYSCORE report. Was there any truth to claims that the NSA is sifting through millions of browsing histories and able to collect virtually everything users do on the Internet? “Yeah,” Hayden said. “And it's really good news.”
  • Not only that, Hayden went further. He revealed that the XKEYSCORE was “a tool that's been developed over the years, and lord knows we were trying to develop similar tools when I was at the National Security Agency.” The XKEYSCORE system, Hayden said, allows analysts to enter a “straight-forward question” into a computer and sift through the “oceans of data” that have been collected as part of foreign intelligence gathering efforts. How this process works was illustrated in the Guardian’s report. Analysts can enter search terms to sift through data and select from a drop-down menu a target’s “foreignness factor,” which is intended to minimize the warrantless surveillance of Americans. However, operating a vast electronic dragnet such as this is far from an exact science, and the NSA’s system of sifting data from the backbone of international Internet networks likely sometimes involves gobbling up information on Americans’ communications and online activity—whether it is done wittingly or not. Indeed, the NSA reportedly only needs to have 51 percent certainty that it is targeting a foreigner. And as leaked secret rules for the surveillance have shown, even if the NSA does “inadvertently” gather Americans’ communications, it can hold on to them if they are deemed valuable for vague “foreign intelligence” purposes or if the communications show evidence of a crime that has occurred or may occur in the future.
  • In the CNN interview, Hayden described XKEYSCORE as “really quite an achievement” and said that it enabled NSA spies to find the needle in the haystack. But his ardent defense of the system is unlikely to reassure civil liberties advocates. Having Hayden’s support is a rather dubious stamp of approval, particularly because he was responsible for leading the NSA’s illegal warrantless wiretapping program, which was initiated post-9/11 and exposed by the New York Times in 2005. Hayden later went on to lead the CIA from 2006 through 2009, where he oversaw the use of the waterboarding torture technique and the operation of a controversial black-site prison program that was eventually dismantled by President Obama. The former NSA chief retired in 2009, but he has since become a regular media commentator, using a recent column at CNN to blast Snowden for leaking the secret NSA documents and implying that he’d like to see the Guardian journalist Glenn Greenwald prosecuted as a “co-conspirator” for his role reporting the surveillance scoops.
  • Paul Merrell on 17 Aug 13
     
    Let's see, the entire U.S. military has been forbidden from reading The Guardian because the documents Edward Snowden leaked are still classified. But a former NSA chief can confirm their accuracy on CNN?  Surely, even as I write a grand jury is busy indicting him on Espionage Act charges? No? Smells like hypocrisy to me. 
Paul Merrell

The NSA Reveals That It Does 20 Million Database Queries Per Month | Techdirt - 0 views

www.techdirt.com/...tabase-queries-per-month.shtml

surveillance state NSA lies NSA-queries

shared by Paul Merrell on 16 Sep 13 - No Cached
  • As we noted earlier today, the NSA's two key "defenses" of the thousands of abuses and violations of the law that recently came out thanks to a leaked document are that there wasn't "intent" to abuse the system (we had no idea that made illegal things legal...) and, second, that it was such a small percentage of the activity that it's really no big deal. Glenn Greenwald quickly noted that the NSA is actually saying "we collect billion of emails and calls every day, so what's a few thousand privacy violations?" hoping that everyone focuses on the second half of the sentence. But the key point is actually the first half of that sentence. In fact, as we noted in that last post, the NSA's top compliance guy actually revealed a startling fact in his attempt to push the meaningless "ratio" of violations to queries: The official, John DeLong, the N.S.A. director of compliance, said that the number of mistakes by the agency was extremely low compared with its overall activities. The report showed about 100 errors by analysts in making queries of databases of already-collected communications data; by comparison, he said, the agency performs about 20 million such queries each month.
  • Again, the ratio is a meaningless number. You're not declared innocent of murder because you didn't happen to murder someone every other day of your life. But, perhaps more important in this is the revelation of the 20 million queries every single month. Or, approximately 600,000 queries every day. How about 25,000 queries every hour? Or 417 queries every minute? Seven queries every single second. Holy crap, that's a lot of queries. Remember, too, that the NSA has insisted that it doesn't datamine its data collection, which is clearly hogwash. That many queries means they're trolling through that database all the time. Remember how the NSA was trying to play down how often it did queries by saying that only 300 phone numbers had been used to "initiate" a query? Yeah, well, once again, it would appear that the NSA was not being fully forthcoming about these sorts of things. Shocking, I know, but I'd imagine they'd claim it was the "least untruthful" answer they could come up with after having a good week or so to answer the question.
  • Paul Merrell on 16 Sep 13
     
    Edward Snowden already told us that the query "audits" were only seldom-experienced spot checks. The ratio of problems found to the number of queries is totally meaningless. 
Paul Merrell

Committee to Protect Journalists issues scathing report on Obama administration | Glenn Greenwald | Comment is free | theguardian.com - 0 views

www.theguardian.com/...pi-report-press-freedoms-obama

surveillance state Obama transparency freedom-of-the-press

shared by Paul Merrell on 11 Oct 13 - No Cached
  • It's hardly news that the Obama administration is intensely and, in many respects, unprecedentedly hostile toward the news-gathering process. Even the most Obama-friendly journals have warned of what they call "Obama's war on whistleblowers". James Goodale, the former general counsel of the New York Times during its epic fights with the Nixon administration, recently observed that "President Obama wants to criminalize the reporting of national security information" and added: "President Obama will surely pass President Richard Nixon as the worst president ever on issues of national security and press freedom."Still, a new report released today by the highly respected Committee to Protect Journalists - its first-ever on press freedoms in the US - powerfully underscores just how extreme is the threat to press freedom posed by this administration. Written by former Washington Post executive editor Leonard Downie, Jr., the report offers a comprehensive survey of the multiple ways that the Obama presidency has ushered in a paralyzing climate of fear for journalists and sources alike, one that severely threatens the news-gathering process.The first sentence: "In the Obama administration's Washington, government officials are increasingly afraid to talk to the press."
  • It quotes New York Times national security reporter Scott Shane as saying that sources are "scared to death." It quotes New York Times reporter David Sanger as saying that "this is the most closed, control freak administration I've ever covered." And it notes that New York Times public editor Margaret Sullivan previously wrote that "it's turning out to be the administration of unprecedented secrecy and unprecedented attacks on a free press."Based on all this, Downie himself concludes:The administration's war on leaks and other efforts to control information are the most aggressive I've seen since the Nixon administration, when I was one of the editors involved in The Washington Post's investigation of Watergate. The 30 experienced Washington journalists at a variety of news organizations whom I interviewed for this report could not remember any precedent."And this pernicious dynamic extends far beyond national security: "Ellen Weiss, Washington bureau chief for E.W. Scripps newspapers and stations, said 'the Obama administration is far worse than the Bush administration' in trying to thwart accountability reporting about government agencies." It identifies at least a dozen other long-time journalists making similar observations.
  • The report ends by noting the glaring irony that Obama aggressively campaigned on a pledge to usher in The Most Transparent Administration Ever™. Instead, as the New Yorker's investigative reporter Jane Mayer recently said about the Obama administration's attacks: "It's a huge impediment to reporting, and so chilling isn't quite strong enough, it's more like freezing the whole process into a standstill."
  • Paul Merrell on 11 Oct 13
     
    Note how Obama is not winning over the press with his legislation to give reporters for mainstream media a special privilege from some types of surveillance. When last I checked, that effort had bogged down in the effort to define "journalist" in a way that did not include every blogger on the planet. Small wonder: the Supreme Court has repeatedly held that there is no constitutional basis for a special protection for journalists *because the lone, anonymous pamphleteer has the same Freedom of the Press that mainstream journalists have.* I rarely make absolute predictions about what courts will do in the future, but this is black-letter First Amendment law. The legislation is doomed to be voided by the courts even if passed. Big, big denial of equal protection by the First Amendment. There is no alternative to ending the government surveillance except forfeiture of our freedoms.   
Paul Merrell

NSA phone surveillance program likely unconstitutional, federal judge rules | World news | theguardian.com - 0 views

www.theguardian.com/...-likely-unconstitutional-judge

surveillance state NSA call-metadata litigation 4th Amendment constitutional law NSA-blowback

shared by Paul Merrell on 17 Dec 13 - No Cached
  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
  • ...5 more annotations...
  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
  • Paul Merrell on 17 Dec 13
     
    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
  • Paul Merrell on 17 Dec 13
     
    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
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