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Paul Merrell

Why AT&T's Surveillance Report Omits 80 Million NSA Targets | Threat Level | Wired.com - 0 views

  • AT&T this week released for the first time in the phone company’s 140-year history a rough accounting of how often the U.S. government secretly demands records on telephone customers. But to those who’ve been following the National Security Agency leaks, Ma Bell’s numbers come up short by more than 80 million spied-upon Americans. AT&T’s transparency report counts 301,816 total requests for information — spread between subpoenas, court orders and search warrants — in 2013. That includes between 2,000 and 4,000 under the category “national security demands,” which collectively gathered information on about 39,000 to 42,000 different accounts. There was a time when that number would have seemed high. Today, it’s suspiciously low, given the disclosures by whistleblower Edward Snowden about the NSA’s bulk metadata program. We now know that the secretive Foreign Intelligence Surveillance Court is ordering the major telecoms to provide the NSA a firehose of metadata covering every phone call that crosses their networks. An accurate transparency report should include a line indicating that AT&T has turned over information on each and every one of its more than 80 million-plus customers. It doesn’t.
  • That’s particularly ironic, given that it was Snowden’s revelations about this so-called “Section 215″ metadata spying that paved the way for the transparency report. In Snowden’s wake, technology companies pushed President Barack Obama to craft new rules allowing them to be more transparent about how much customer data they’re forced to provide the NSA and other agencies. In a Jan. 17 globally televised speech, Obama finally agreed. We will also enable communications providers to make public more information than ever before about the orders they have received to provide data to the government. But when the new transparency guidelines came out on Jan. 27, the language left it unclear whether discussing bulk collection was allowed, says Alex Abdo, an American Civil Liberties Union staff attorney. AT&T on Monday became the first phone company to release a transparency report under the new rules, and the results seem to confirm that the metadata collection is still meant to stay secret. “This transparency report confirmed our fear that the DOJ’s apparent concession was carefully crafted to prevent real transparency,” Abdo says. “If they want real transparency, they would allow the disclosure of the bulk telephone metadata program.”
  • The guidelines allow for the disclosure, in chunks of 1,000, of “the number of customer selectors [phone numbers] targeted under FISA non-content orders.” Since the bulk metadata collection doesn’t “target” any “selectors” it is, by definition, not subject to disclosure. This loophole is no accident of phrasing. In other sections of the guidelines covering National Security Letters — a type of subpoena that doesn’t require a judge’s signature — Obama allows disclosure of the “number of customer accounts affected.” If the guidelines used that same language for the FISA disclosures, AT&T’s transparency report would presumably disclose that more than 80 million customers — that would be all of AT&T’s customers — had been spied upon. The end result, observes Kevin Bankston, the policy director of the New America Foundation’s Open Technology Institute, is that Obama’s so-called reform has spawned a misleading report that provides false comfort to AT&T customers — and all Americans.
Gary Edwards

Who Believes in Russiagate?-print - 1 views

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    The Obama abuse of our national security agencies actually started with surveillance of Israel and the reelection of Netanyahu. Fear of Israeli opposition to an agreement with Iran was the excuse. During this time, Obama perfected the leaking of national security surveillance information to the Israeli and American press to destroy and discredit opposition to an Iranian deal. From direct interference in an Israeli election, Obama used the same apparatus and leaking methods against the Romney Republican presidential campaign. Short step from there to the Hillary Clinton - Trump campaign. The surveil and leak method is now being used to frame Trump and Russia. Left out of the article are the links between Obama and the Soros funded GPS Fusion muck.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Intercept - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
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  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

NSA Claims Iran Learned from Western Cyberattacks - The Intercept - 0 views

  • The U.S. Government often warns of increasingly sophisticated cyberattacks from adversaries, but it may have actually contributed to those capabilities in the case of Iran. A top secret National Security Agency document from April 2013 reveals that the U.S. intelligence community is worried that the West’s campaign of aggressive and sophisticated cyberattacks enabled Iran to improve its own capabilities by studying and then replicating those tactics. The NSA is specifically concerned that Iran’s cyberweapons will become increasingly potent and sophisticated by virtue of learning from the attacks that have been launched against that country. “Iran’s destructive cyber attack against Saudi Aramco in August 2012, during which data was destroyed on tens of thousands of computers, was the first such attack NSA has observed from this adversary,” the NSA document states. “Iran, having been a victim of a similar cyber attack against its own oil industry in April 2012, has demonstrated a clear ability to learn from the capabilities and actions of others.”
  • The document was provided to The Intercept by NSA whistleblower Edward Snowden, and was prepared in connection with a planned meeting with Government Communications Headquarters, the British surveillance agency. The document references joint surveillance successes such as “support to policymakers during the multiple rounds of P5 plus 1 negotiations,” referring to the ongoing talks between the five permanent members of the U.N. Security Council, Germany and Iran to forge an agreement over Iran’s nuclear program. The document suggests that Iran has become a much more formidable cyberforce by learning from the viruses injected into its systems—attacks which have been linked back to the United States and Israel. In June 2012, The New York Times reported that from “his first months in office, President Obama secretly ordered sophisticated attacks on the computer systems that run Iran’s main nuclear enrichment facilities, significantly expanding America’s first sustained use of cyberweapons, according to participants in the program.” As part of that plan, the U.S. and Israel jointly unleashed the Stuxnet virus on Iranian nuclear facilities, but a programming error “allowed it to escape Iran’s Natanz plant and sent it around the world on the Internet.” Israel also deployed a second virus, called Flame, against Iran.
  • Obama ordered cyberattacks despite his awareness that they would likely unleash a wholly new form of warfare between states, similar to the “first use of atomic weapons in the 1940s, of intercontinental missiles in the 1950s and of drones in the past decade,” according to the Times report. Obama “repeatedly expressed concerns that any American acknowledgment that it was using cyberweapons—even under the most careful and limited circumstances—could enable other countries, terrorists or hackers to justify their own attacks.” The NSA’s concern of inadvertently aiding Iran’s cyberattack capabilities is striking given the government’s recent warning about the ability of adversaries to develop more advanced viruses. A top official at the Pentagon’s Defense Advanced Research Projects Agency’s (DARPA) appeared on 60 Minutes this Sunday and claimed that cyberattacks against the U.S. military are becoming more potent. “The sophistication of the attacks is increasing,” warned Dan Kaufman, director of DARPA’s Information Innovation Office.
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    Karma is a bitch. 
Paul Merrell

Congressmen Call For DNI Clapper's Ouster | Threatpost - English - Global - threatpost.com - 0 views

  • A group of six Congressmen have asked President Barack Obama to remove James Clapper as director of national intelligence as a result of his misstatements to Congress about the NSA’s dragnet data-collection programs. The group, led by Rep. Darrell Issa (R-Calif.), said that Clapper’s role as DNI “is incompatible with the goal of restoring trust in our security programs”.
  • Clapper is the former head of the National Geospatial Intelligence Agency and has been DNI since 2010. In their letter to Obama, the group of Congressmen calling for his ouster said that he lied to Congress and should no longer be in office. “The continued role of James Clapper as Director of National Intelligence is incompatible with the goal of restoring trust in our security programs and ensuring the highest level of transparency. Director Clapper continues to hold his position despite lying to Congress, under oath, about the existence of bulk data collection programs in March 2013. Asking Director Clapper, and other federal intelligence officials who misrepresented programs to Congress and the courts, to report to you on needed reforms and the future role of government surveillance is not a credible solution,” the letter from Issa, Ted Poe, Paul Broun, Doug Collins, Walter Jones and Alan Grayson says. The Congressmen sent the letter to Obama on Monday, 10 days after the president gave a much-anticipated speech on the NSA’s role and some new limits he wants to place on the scope of its data collection. Security experts and privacy advocates were not enthusiastic about the changes Obama announced, which included a recommendation that a third party hold phone metadata records, which are now stored by the NSA.
  • One issue that Obama didn’t address in his speech was the agency’s alleged subversion of cryptographic standards and algorithms. In their letter, Issa and his colleagues urged Obama to address this issue. “While the collection of bulk telephone records (meta-data) under Section 215 of the PATRIOT Act has understandably garnered the most significant public debate over government overreach, considerable concern has been raised about the govemment’s exploitation of the Internet through circumvention of encryption. The Review Group recognized the potential hazard created by exposing vulnerabilities in encryption data and recommended that your Administration support, rather than undermine, efforts to protect the integrity of these systems.3 However, your January 17′th speech failed to address the future of encryption related programs. Internet freedom is indispensible, and reports regarding the govemment’s treatment of encryption protocols underscore the need to provide leadership and clarity beyond the collection of telephone records,” the letter says.
Paul Merrell

ACLU files new lawsuit over Obama administration drone 'kill list' | World news | The Guardian - 0 views

  • As the US debates expanding its campaign against the Islamic State beyond Iraq and Syria, the leading US civil liberties group is intensifying its efforts to force transparency about lethal US counterterrorism strikes and authorities. On Monday, the American Civil Liberties Union (ACLU) will file a disclosure lawsuit for secret Obama administration documents specifying, among other things, the criteria for placement on the so-called “kill list” for drone strikes and other deadly force. Information sought by the ACLU includes long-secret analyses establishing the legal basis for what the administration terms its “targeted killing program” and the process by which the administration determines that civilians are unlikely to be killed before launching a strike, as well as verification mechanisms afterward to establish if the strike in fact has caused civilian deaths.
  • “Over the last few years, the US government has used armed drones to kill thousands of people, including hundreds of civilians. The public should know who the government is killing, and why it’s killing them,” Jameel Jaffer, deputy legal director for the ACLU, told the Guardian.
  • The ACLU suit proceeds after the Obama administration disclosed none of the lethal counterterrorism documentation through a Freedom of Information Act request the civil liberties group launched in October 2013. According to the new lawsuit, the departments of state, justice and defense, as well as the CIA, have stonewalled the ACLU’s requests for nearly 18 months. Recent legal history suggests the ACLU is in for an uphill court struggle. The Obama administration, which has called itself the most transparent in history, has thus far repelled or delayed ACLU lawsuits for disclosure around drone strikes and the 2011 assassination of Anwar al-Awlaki, a US citizen and al-Qaida propagandist. Additionally, the administration is fighting the ACLU on the legality of its bulk surveillance activities and to prevent the release of thousands of graphic photographs detailing Bush-era torture by the CIA and military. Yet the administration has seen the courts chip away at its blanket denials of documents sought by the ACLU. Most of the intelligence community’s disclosures of surveillance memos since Edward Snowden’s revelations have followed the administration’s courtroom losses to the ACLU and other civil-liberties groups. In June, the second circuit court of appeals forced the Department of Justice to release much of a critical 2010 memo blessing the killing of Awlaki. (The ACLU is seeking the release of 10 more major intelligence memos related to targeted killing.)
Paul Merrell

Islamic bogeyman in Syria strikes fear in Washington - RT USA - 0 views

  • High-ranking US officials, while offering little in way of evidence to support their claims, are sounding the alarm on the possibility of foreigners in Syria initiating an attack on the US, sparking fears over airport security. The message out of Washington at the weekend was at best incoherent, at worst downright dangerous. In the same week that US President Barack Obama asked Congress to fork over $500 million to support the Syrian opposition in its three-year battle to oust Syrian President Bashar Assad, the American leader also warned on the possibility of European passport holders in Syria slipping into America to wreak unholy havoc.
  • “We have seen Europeans who are sympathetic to their cause traveling into Syria and now may travel into Iraq, getting battle-hardened,” Obama told ABC’s George Stephanopoulos on Sunday. “Then they come back. They've got European passports. They don't need a visa to get into the United States.” “Now, we are spending a lot of time, and we have been for years, making sure we are improving intelligence to respond to that,” he added. Obama said the US must enhance reconnaissance and intelligence gathering, and US Special Forces will likely play a role, as well as beefing up security clearance at airports, already the source of agitation with many American travelers.
  • Why Syrian rebels would attempt an attack on US interests at the same time Washington is supporting their anti-government efforts was not touched upon in the interview. In fact, much of Obama’s anxiety over some imminent attack on the US homeland appears to stem less from solid evidence out of Syria and more from Republican doom-mongering.
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  • The warnings were nothing short of hysterical, going so far as to suggest the Republicans were fishing for supporters in a sea of gloom and doom of their own creation. “Right now, sources tell us, at this moment in Syria, Al-Qaeda bomb makers are trying to design a new generation of explosives, including nonmetallic bombs. And the US government is wrestling with how to respond,” Pierre Thomas, ABC senior justice correspondent, warned out of the gates. What followed was a chorus of right-wing handwringing, led by the Republican Peter King, the former Chairman of Homeland Security, who pointed to ‘Americans in Syria’ as the nation’s gravest threat. “Syria is our biggest threat right now because not only are there thousands of Europeans who have visas sent to the United States going to Syria, there’s also at least 100 or so – 100-plus Americans who are over there in Syria right now,” King told ABC. “I can’t go into all the details, but that is very important…because a number of [overseas] airports don’t have the type of security they should have.”
  • Republican Mike Rogers from Michigan chimed in that “this is exactly the kind of threat that keeps me up at night.” “I've been on the Intelligence Committee for 10 years, chairman for the last four years. I have never seen a threat matrix so serious, so varied, and so many different streams of threat,” Rogers added. Meanwhile, amid the sudden wave of angst now gripping Washington, the Obama administration is attempting to grapple with the sudden rise of a militant group that fashions itself as the Islamic State in Iraq and Levant (ISIS), a Sunni-led movement with the stated goal of creating a caliphate, or Islamic state, throughout Iraq, Syria and the Levant.
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    It ain't just Republicans. Note the central role played by Democrat Barack Obama. It's the War Party, which crosses visible party boundaries in the U.S. And of course Obama wants to beef up intelligence-gathering, And tighter security at airports, of course, so that the American public realizes that the threat of  terrorists™ trumps rights secured by the Constitution. 
Paul Merrell

Syria in the Crosshairs - Obama Confirms Airstrikes Will Not Be Limited to Iraq | SCG News - 0 views

  • One year ago the Obama administration was doing their very best to build up public support for U.S. military intervention in Syria. Even though that attempt failed, no one who has been following this crisis closely believed for a moment that this was the end. They would regroup and try again from another angle. The angle they chose was surprising. Iraq has been off the media radar for so long that almost no one was factoring it in as an important geopolitical variable. ISIS (or ISIL) changed that. In our video "The Fall of Iraq What You're Not Being Told" we covered the history of U.S. tinkering in Iraq dating back to 1963, and showed how the U.S. government's push to topple Assad by funding and arming extremists in Syria enabled ISIS to gain a foothold in the region. At the end of that video we pointed to how this latest crisis in Iraq was likely to be used as a pretext for U.S. strikes in Syria.
  • The Obama administration confirmed this when questioned yesterday on whether the U.S. military intervention in Iraq would be extended to Syria. Their response: “We don't restrict potential U.S. action to a specific geographic space,” "The president's made clear time and again that we will take action as necessary, including direct U.S. military action, if it's necessary to defend the United States against an imminent threat," the official said. "Clearly we're focused on Iraq. That's where our ISR [intelligence, surveillance and reconnaissance] resources have surged. That's where we're working to develop additional intelligence," the official added. "But the group [ISIS], again, operates broadly and we would not restrict our ability to take action that is necessary to protect the United States." Oh, and this time Obama is not going to ask for permission from Congress. No one is talking about how the Syrian government (and the Washington's desire to topple it) fits into this, but once the U.S. is carrying out airstrikes in Syrian territory, it would be trivial to expand the scope of the mission to include Syrian military targets. That way there would be no need for debate on the topic. The public would just find out we were at war after the fact (and probably via youtube). It's a backdoor approach.
  • Another variable that has changed in the equation since last year is Russia's involvement. Due to the crisis in Ukraine, Russia has been placed on the defensive diplomatically, and as of yet it seems to be too tied up with disputes with Kiev to take an active role in the deliberations over ISIS. In the first round of the Syrian crisis both China and Russia warned the U.S. several times against military intervention, and Russia threatened that it could lead to a nuclear conflict. At this point, it's not clear whether Russia and China see where Washington is planning to take this, or if they will back up their previous threats when the time comes. It is also yet to be seen whether the relentless anti-Russia propaganda campaign that western media outlets have been pushing since the Ukraine crisis will affect Putin's ability to influence the outcome diplomatically. The annexation of Crimea will definitely be used to discredit Putin if he attempts to block airstrikes in Syria.
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    Obama has Syria in his rocket-sights again, but no consultation with Congress this time. 
Paul Merrell

USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - The Intercept - 0 views

  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
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    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Paul Merrell

USA Freedom Act Passes: What We Celebrate, What We Mourn, and Where We Go From Here | Electronic Frontier Foundation - 0 views

  • The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversight on the National Security Agency’s surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act. It’s no secret that we wanted more. In the wake of the damning evidence of surveillance abuses disclosed by Edward Snowden, Congress had an opportunity to champion comprehensive surveillance reform and undertake a thorough investigation, like it did with the Church Committee. Congress could have tried to completely end mass surveillance and taken numerous other steps to rein in the NSA and FBI. This bill was the result of compromise and strong leadership by Sens. Patrick Leahy and Mike Lee and Reps. Robert Goodlatte, Jim Sensenbrenner, and John Conyers. It’s not the bill EFF would have written, and in light of the Second Circuit's thoughtful opinion, we withdrew our support from the bill in an effort to spur Congress to strengthen some of its privacy protections and out of concern about language added to the bill at the behest of the intelligence community. Even so, we’re celebrating. We’re celebrating because, however small, this bill marks a day that some said could never happen—a day when the NSA saw its surveillance power reduced by Congress. And we’re hoping that this could be a turning point in the fight to rein in the NSA.
Paul Merrell

Lobbyists for Spies Appointed To Oversee Spying - The Intercept - 0 views

  • Who’s keeping watch of the National Security Agency? In Congress, the answer in more and more cases is that the job is going to former lobbyists for NSA contractors and other intelligence community insiders. A wave of recent appointments has placed intelligence industry insiders into key Congressional roles overseeing intelligence gathering. The influx of insiders is particularly alarming because lawmakers in Washington are set to take up a series of sensitive surveillance and intelligence issues this year, from reform of the Patriot Act to far-reaching “information sharing” legislation.
  • Who’s keeping watch of the National Security Agency? In Congress, the answer in more and more cases is that the job is going to former lobbyists for NSA contractors and other intelligence community insiders. A wave of recent appointments has placed intelligence industry insiders into key Congressional roles overseeing intelligence gathering. The influx of insiders is particularly alarming because lawmakers in Washington are set to take up a series of sensitive surveillance and intelligence issues this year, from reform of the Patriot Act to far-reaching “information sharing” legislation. After the first revelations of domestic surveillance by NSA whistleblower Edward Snowden, President Obama defended the spying programs by claiming they were “subject to congressional oversight and congressional reauthorization and congressional debate.” But as Rep. Alan Grayson, D-Fla., and other members of Congress have pointed out, there is essentially a “two-tiered” system for oversight, with lawmakers and staff on specialized committees, such as the House and Senate committees on Intelligence and Homeland Security, controlling the flow of information and routinely excluding other Congress members, even those who have asked for specific information relating to pending legislation.
  • The Intercept reviewed the new gatekeepers in Congress, the leading staffers on the committees overseeing intelligence and surveillance matters, and found a large number of lobbyists and consultants passing through the revolving door between the intelligence community and the watchdogs who purportedly oversee the intelligence community. We reached out to each of them earlier this week and have yet to hear back:
Paul Merrell

NEW TIME POLL: Support for the Leaker-and His Prosecution | TIME.com - 0 views

  • More than half of Americans approve of a former intelligence contractor’s decision to leak classified details of sprawling government surveillance programs, according to the results of a new TIME poll. Fifty-four percent of respondents said the leaker, Edward Snowden, 29, did a “good thing” in releasing information about the government programs, which collect phone, email, and Internet search records in an effort, officials say, to prevent terrorist attacks. Just 30 percent disagreed. But an almost identical number of Americans —  53 percent —  still said he should be prosecuted for the leak, compared to 28% who said he should not. Americans aged 18 to 34 break from older generations in showing far more support for Snowden’s actions. Just 41 percent of that cohort say he should face charges, while 43 percent say he should not. Just 19 percent of that age group say the leak was a “bad thing.”
  • Overall, Americans are sharply divided over the government’s use of surveillance programs to prevent terrorist attacks, according to the results of the poll. Forty-eight percent of Americans approve of the surveillance programs, while 44 percent disapprove, a statistical tie given the poll’s four-point margin of error.
  • A majority of the poll’s respondents say that the surveillance programs have helped protect national security, with 63 percent saying they’ve had “some” or a “great deal” of impact in protecting the country. Just 31 percent says they’ve done “not much” or “nothing at all.” A narrow plurality of those polled, 48 percent to 43 percent, believe that the federal government is striking the right balance between protecting Americans’ privacy and protecting their physical well-being or that the government should be doing more to prevent terrorism.
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  • Nearly 60 percent believe the revelations will not force the government to curtail the surveillance program. But 76 percent of Americans believe there will soon be additional disclosures that the spying programs are bigger and more widespread than currently known. Americans are largely split on partisan grounds as to whether Obama is more careful about respecting privacy than President George W. Bush. Twenty-eight percent said Bush was more careful, one-quarter sided with Obama, and 42 percent say there has been little difference between the two.
Paul Merrell

NSA 'not interested in' Americans, privacy officer claims | TheHill - 0 views

  • The National Security Agency’s internal civil liberties watchdog insisted on Thursday that the agency has no interest in spying on Americans under its controversial spying tools. “Our employees are trained to not look for U.S. persons,” NSA privacy and civil liberties officer Rebecca Richards said on Thursday.
  • “We’re not interested in those U.S. persons. We’re trying to look away from those,” she added. “Instead, we’re looking for where are our targets?”Richards’s comments came up during a Capitol Hill panel discussion about a new report on U.S. spying from the Brennan Center for Justice.The analysis looks at aspects of a presidential order that dates back to Ronald Reagan and was updated by then-President George W. Bush, called Executive Order 12333.
  • Programs under the order, which is meant to guide foreign surveillance, “have implications for Americans’ privacy that could well be greater than those of their domestic counterparts,” the organization wrote in its analysis. “The vast majority of Americans — whether wittingly or not — engage in communication that is transmitted or stored overseas.”“This reality of the digital age renders Americans’ communications and data highly vulnerable to NSA surveillance abroad.”
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  • NSA surveillance under Executive Order 12333 is separate from the agency’s higher profile bulk collection of Americans’ phone records, which ended last year. It also occurs under separate legal powers than a controversial provision of the 2008 update to the Foreign Intelligence Surveillance Act, which comes up for renewal at the end of 2017.The executive order targets foreigners, but can “incidentally” pick up data about Americans if their activity on the Internet crosses international borders, Richards acknowledged.“Our procedures are designed to say: There are occasions when you are going to get U.S. persons,” she said, “and when you get those U.S. persons, here’s the rules.”
  • Richards is the agency’s first ever civil liberties officer. She was hired in early 2014, on the heels of fallout from Edward Snowden’s leaks about the spy agency. 
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    Not interested. Apparently that's why NSA was turning over raw search results to Israel without filtering out "U.S. persons" data. And why they just decided to give other agencies including law enforcement access to raw search results. And why Gen. Keith Alexander personally put together a program to ruin people's reputations including a "U.S. person." And why Russell Tice said that he personally had Obama's NSA dossier in his hands when Obama was running for the U.S. Senate. And why Tice says NSA had similar dossiers on members of Congress and the justices of the U.S. Supreme Court and targeted "lots of lawyers." On and on.  Ms. Richards appears to have become a quick study in NSA's hallmark skill of lying to the public. 
Paul Merrell

NSA chief criticises media and suggests UK was right to detain David Miranda | World news | theguardian.com - 0 views

  • The outgoing director of the National Security Agency lashed out at media organizations reporting on Edward Snowden’s surveillance revelations, suggesting that British authorities were right to detain David Miranda on terrorism charges and that reporters lack the ability to properly analyze the NSA’s broad surveillance powers.General Keith Alexander, who has furiously denounced the Snowden revelations, said at a Tuesday cybersecurity panel that unspecified “headway” on what he termed “media leaks” was forthcoming in the next several weeks, possibly to include “media leaks legislation.”
  • The general, who is due to retire in the next several weeks, said that the furore over Snowden’s surveillance revelations – which he referred to only as “media leaks” – was complicating his ability to get congressional support for a bill that would permit the NSA and the military Cyber Command he also helms to secretly communicate with private entities like banks about online data intrusions and attacks.“We’ve got to handle media leaks first,” Alexander said.“I think we are going to make headway over the next few weeks on media leaks. I am an optimist. I think if we make the right steps on the media leaks legislation, then cyber legislation will be a lot easier,” Alexander said.The specific legislation to which Alexander referred was unclear. Angela Canterbury, the policy director for the Project on Government Oversight, a watchdog group, said she was unaware of any such bill. Neither was Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists.The NSA’s public affairs office did not immediately respond to a request for comment.Alexander has previously mused about “stopping” journalism related to the Snowden revelations.“We ought to come up with a way of stopping it. I don’t know how to do that. That’s more of the courts and the policymakers but, from my perspective, it’s wrong to allow this to go on,” he told an official Defense Department blog in October.
  • While Attorney General Eric Holder said last year that he had no plans to pursue charges against Greenwald, pro-NSA officials have recently taken to using loaded legal language when referring to the journalists reporting on the Snowden documents.James Clapper, the director of national intelligence, called on Snowden and unnamed “accomplices” to return the surveillance documents cache during congressional testimony in January. The chairman of the House intelligence committee, Mike Rogers of Michigan, called Greenwald a “thief” last month.Like other NSA officials and their allies over the past several months, Alexander has become more visible to the public, part of the NSA’s push to regain control of the public narrative as the Obama administration and members of Congress debate the future scope of the NSA’s powers.In an October interview with the New York Times, Alexander said: “I do feel it’s important to have a public, transparent discussion on cyber so that the American people know what’s going on.”
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  • But staff at Georgetown University, which sponsored the Tuesday cybersecurity forum, took the microphone away from a Guardian reporter who attempted to ask Alexander if the NSA had missed the signs of Russia’s invasion and occupation of Ukraine, which appeared to take Obama administration policymakers by surprise.Although the event was open to reporters, journalists were abruptly told following the NSA director’s remarks that they were not permitted to ask questions of Alexander, who did not field the Ukraine question. Following the event, security staff closed a stairwell gate on journalists who attempted to ask Alexander questions on his way out.
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    The scary part is that Alexander apparently believes Congress will pass such legislation and the Supreme Court will uphold it. That's despite even mainstream media having declared open season on the NSA because of government prosecutions of members of the media for publishing leaks and prosecutions of members of the media for refusing to reveal sources.  
Paul Merrell

Merkel, other European leaders raise concerns on U.S. surveillance - The Washington Post - 0 views

  • European leaders, describing themselves as stunned by revelations of an extensive U.S. surveillance program that included their citizens, moved Monday to demand more information from the U.S. government and said they would discuss ways to bolster their already stringent privacy laws. And in Britain, where intelligence agencies have long had robust cooperation with their American counterparts, a top official tried Monday to limit potential uproar, telling Parliament that the partnership had not been used to circumvent British laws.
  • The discontent from Europe pointed to the breadth of fallout from the affair and to the potential for fresh strains between the United States and allies wary of American intrusiveness. German Chancellor Angela Merkel vowed to raise the issue when she meets in Berlin with President Obama next week, a spokesman said, and other German officials said they were concerned by the apparent monitoring of their citizens. Top officials of the 27-nation European Union also said they would press the U.S. government on the matter at bilateral meetings this week.
  • The PRISM surveillance program, portions of which were described in recent days by The Washington Post and the Guardian newspaper in Britain, makes clear that U.S. intelligence services now have the power to vacuum up data about telecommunications traffic across the world. An apparent snapshot from an NSA Boundless Informant database published on the Guardian’s Web site indicated that in March 2013, foreign intelligence gathering was primarily focused on the Middle East. For that month, more pieces of intelligence were gathered in Germany than anywhere else in Europe.In Germany, where memories of East German Stasi surveillance remain fresh, privacy has powerful defenders. Individual German states have pursued cases against Facebook and Google in recent years, complaining that the companies did not do enough to give users power over their own information. The breadth and ambitions of the U.S. intelligence program far exceed any issues raised previously with private firms.
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  • When Merkel meets Obama, “you can safely assume that this is an issue that the chancellor will bring up,” Merkel’s spokesman, Steffen Seibert, told reporters on Monday. Merkel grew up in the East German system, where the government collected vast amounts of information about its citizens.
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    One of the biggest dangers to the NSA program that I see just over the horizon is that the E.U. has regulatory powers over Google and the other cloud companies involved in the scandal. If the European Commission decides that these companies can not be trusted to protect user's data, it has more than enough legal authority to whop some serious hurt on the companies. 
Paul Merrell

Cover Story: How NSA Spied on Merkel Cell Phone from Berlin Embassy - SPIEGEL ONLINE - 0 views

  • According to SPIEGEL research, United States intelligence agencies have not only targeted Chancellor Angela Merkel's cellphone, but they have also used the American Embassy in Berlin as a listening station. The revelations now pose a serious threat to German-American relations.
  • Research by SPIEGEL reporters in Berlin and Washington, talks with intelligence officials and the evaluation of internal documents of the US' National Security Agency and other information, most of which comes from the archive of former NSA contractor Edward Snowden, lead to the conclusion that the US diplomatic mission in the German capital has not merely been promoting German-American friendship. On the contrary, it is a nest of espionage. From the roof of the embassy, a special unit of the CIA and NSA can apparently monitor a large part of cellphone communication in the government quarter. And there is evidence that agents based at Pariser Platz recently targeted the cellphone that Merkel uses the most. The NSA spying scandal has thus reached a new level, becoming a serious threat to the trans-Atlantic partnership. The mere suspicion that one of Merkel's cellphones was being monitored by the NSA has led in the past week to serious tensions between Berlin and Washington.
  • A "top secret" classified NSA document from the year 2010 shows that a unit known as the "Special Collection Service" (SCS) is operational in Berlin, among other locations. It is an elite corps run in concert by the US intelligence agencies NSA and CIA. The secret list reveals that its agents are active worldwide in around 80 locations, 19 of which are in Europe -- cities such as Paris, Madrid, Rome, Prague and Geneva. The SCS maintains two bases in Germany, one in Berlin and another in Frankfurt. That alone is unusual. But in addition, both German bases are equipped at the highest level and staffed with active personnel. The SCS teams predominantly work undercover in shielded areas of the American Embassy and Consulate, where they are officially accredited as diplomats and as such enjoy special privileges. Under diplomatic protection, they are able to look and listen unhindered. They just can't get caught.
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  • This would correspond to internal NSA documents seen by SPIEGEL. They show, for example, an SCS office in another US embassy -- a small windowless room full of cables with a work station of "signal processing racks" containing dozens of plug-in units for "signal analysis." On Friday, author and NSA expert James Bamford also visited SPIEGEL's Berlin bureau, which is located on Pariser Platz diagonally opposite the US Embassy. "To me, it looks like NSA eavesdropping equipment is hidden behind there," he said. "The covering seems to be made of the same material that the agency uses to shield larger systems." The Berlin-based security expert Andy Müller Maguhn was also consulted. "The location is ideal for intercepting mobile communications in Berlin's government district," he says, "be it technical surveillance of communication between cellphones and wireless cell towers or radio links that connect radio towers to the network."
  • Campbell refers to window-like indentations on the roof of the US Embassy. They are not glazed but rather veneered with "dielectric" material and are painted to blend into the surrounding masonry. This material is permeable even by weak radio signals. The interception technology is located behind these radio-transparent screens, says Campbell. The offices of SCS agents would most likely be located in the same windowless attic.
  • Wiretapping from an embassy is illegal in nearly every country. But that is precisely the task of the SCS, as is evidenced by another secret document. According to the document, the SCS operates its own sophisticated listening devices with which they can intercept virtually every popular method of communication: cellular signals, wireless networks and satellite communication. The necessary equipment is usually installed on the upper floors of the embassy buildings or on rooftops where the technology is covered with screens or Potemkin-like structures that protect it from prying eyes. That is apparently the case in Berlin, as well. SPIEGEL asked British investigative journalist Duncan Campbell to appraise the setup at the embassy. In 1976, Campbell uncovered the existence of the British intelligence service GCHQ. In his so-called "Echelon Report" in 1999, he described for the European Parliament the existence of the global surveillance network of the same name.
  • Apparently, SCS agents use the same technology all over the world. They can intercept cellphone signals while simultaneously locating people of interest. One antenna system used by the SCS is known by the affable code name "Einstein." When contacted by SPIEGEL, the NSA declined to comment on the matter. The SCS are careful to hide their technology, especially the large antennas on the roofs of embassies and consulates. If the equipment is discovered, explains a "top secret" set of classified internal guidelines, it "would cause serious harm to relations between the United States and a foreign government." According to the documents, SCS units can also intercept microwave and millimeter-wave signals. Some programs, such as one entitled "Birdwatcher," deal primarily with encrypted communications in foreign countries and the search for potential access points. Birdwatcher is controlled directly from SCS headquarters in Maryland.
  • With the growing importance of the Internet, the work of the SCS has changed. Some 80 branches offer "thousands of opportunities on the net" for web-based operations, according to an internal presentation. The organization is now able not only to intercept cellphone calls and satellite communication, but also to proceed against criminals or hackers. From some embassies, the Americans have planted sensors in communications equipment of the respective host countries that are triggered by selected terms.
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    A must-read article offering an in-depth, 3-page view of how badly the Snowden disclosures have poisoned trust between the U.S. and its NATO allies that are not favored members of the Five Eyes club. Details of NSA's surveillance operations in Germany and strong circumstantial evidence that Obama knew -- as recently as June 2013 -- of spy operations being conducted against hundreds of world leaders but denied it.  
Paul Merrell

NSA Spied on World Bank, IMF, UN, Pope, World Leaders, and American Politicians and Military Officers | Zero Hedge - 0 views

  • He says the NSA started spying on President Obama when he was a candidate for Senate: 
  • Another very high-level NSA whistleblower – the head of the NSA’s global intelligence gathering operation – says that the NSA targeted CIA chief Petraeus. Of course, the NSA also spied on the leaders of Germany, Brazil and Mexico, and at least 35 world leaders total. The NSA also spies on the European Union, the European Parliament, the G20 summit and other allies.
  • The NSA conducts widespread industrial espionage on our allies. That has nothing to do with terrorism, either.  And the  NSA’s industrial espionage has been going on for many decades.
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    Nice collection of links in a list of targets of NSA surveillance. 
Paul Merrell

Tomgram: Pepe Escobar, The Tao of Containing China | TomDispatch - 0 views

  • Sun Tzu, the ancient author of The Art of War, must be throwing a rice wine party in his heavenly tomb in the wake of the shirtsleeves California love-in between President Obama and President Xi Jinping. "Know your enemy" was, it seems, the theme of the meeting. Beijing was very much aware of -- and had furiously protested -- Washington’s deep plunge into China’s computer networks over the past 15 years via a secretive NSA unit, the Office of Tailored Access Operations (with the apt acronym TAO). Yet Xi merrily allowed Obama to pontificate on hacking and cyber-theft as if China were alone on such a stage. Enter -- with perfect timing -- Edward Snowden, the spy who came in from Hawaii and who has been holed up in Hong Kong since May 20th. And cut to the wickedly straight-faced, no-commentary-needed take on Obama’s hacker army by Xinhua, the Chinese Communist Party’s official press service. With America’s dark-side-of-the-moon surveillance programs like Prism suddenly in the global spotlight, the Chinese, long blistered by Washington’s charges about hacking American corporate and military websites, were polite enough. They didn’t even bother to mention that Prism was just another node in the Pentagon’s Joint Vision 2020 dream of “full spectrum dominance.” By revealing the existence of Prism (and other related surveillance programs), Snowden handed Beijing a roast duck banquet of a motive for sticking with cyber-surveillance. Especially after Snowden, a few days later, doubled down by unveiling what Xi, of course, already knew -- that the National Security Agency had for years been relentlessly hacking both Hong Kong and mainland Chinese computer networks.
  • But the ultimate shark fin’s soup on China’s recent banquet card was an editorial in the Communist Party-controlled Global Times.  “Snowden,” it acknowledged, “is a ‘card’ that China never expected,” adding that “China is neither adept at nor used to playing it.” Its recommendation: use the recent leaks “as evidence to negotiate with the U.S.” It also offered a warning that “public opinion will turn against China’s central government and the Hong Kong SAR [Special Administrative Region] government if they choose to send [Snowden] back.” With a set of cyber-campaigns -- from cyber-enabled economic theft and espionage to the possibility of future state-sanctioned cyber-attacks -- evolving in the shadows, it’s hard to spin the sunny “new type of great power relationship” President Xi suggested for the U.S. and China at the recent summit. It’s the (State) Economy, Stupid The unfolding Snowden cyber-saga effectively drowned out the Obama administration’s interest in learning more about Xi’s immensely ambitious plans for reconfiguring the Chinese economy -- and how to capture a piece of that future economic pie for American business. Essential to those plans is an astonishing investment of $6.4 trillion by China’s leadership in a drive to “urbanize” the economy yet further by 2020.
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    Lengthy political analysis by the sterling Pepe Escobar on China/U.S. relations and Chinese President Xi Jinping's goals for the future of China during his period of national leadership. He leads with the impact of the NSA scandal, but goes on to paint a far more detailed picture of China's role in international policy, economic progress, and economic plans being executed. This is a must-read for China-watchers. As always, Pepe provides a lively read.
Paul Merrell

Russ Tice, Bush-Era Whistleblower, Claims NSA Ordered Wiretap Of Barack Obama In 2004 - 0 views

  • #news_entries #ad_sharebox_260x60 img {padding:0px;margin:0px} Russ Tice, a former intelligence analyst who in 2005 blew the whistle on what he alleged was massive unconstitutional domestic spying across multiple agencies, claimed Wednesday that the NSA had ordered wiretaps on phones connected to then-Senate candidate Barack Obama in 2004. Speaking on "The Boiling Frogs Show," Tice claimed the intelligence community had ordered surveillance on a wide range of groups and individuals, including high-ranking military officials, lawmakers and diplomats. "Here's the big one ... this was in summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a 40-something-year-old wannabe senator for Illinois," he said. "You wouldn't happen to know where that guy lives right now would you? It's a big white house in Washington, D.C. That's who they went after, and that's the president of the United States now."
  • Host Sibel Edmonds and Tice both raised concerns that such alleged monitoring of subjects, unbeknownst to them, could provide the intelligence agencies with huge power to blackmail their targets. "I was worried that the intelligence community now has sway over what is going on," Tice said.
  • After going public with his allegations in 2005, Tice later admitted that he had been a key source in a bombshell New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping of international communications in the U.S. The article forced Bush to admit that the practice was indeed used on a small number of Americans, but Tice maintained that the NSA practice was likely being used the gather records for millions of Americans. The NSA denied Tice's allegations. In the wake of recent reports detailing the extent of the NSA's data surveillance programs, Tice has again come out as a skeptic of the administration's response. While defenders of the program have insisted that there is nothing to suggest the government has the authority -- or desire -- to listen in on people's phone calls without a warrant, Tice told The Guardian that he believes the NSA has developed the capability "to collect all digital communications word for word."
Paul Merrell

The NSA's Secret Role in the U.S. Assassination Program - The Intercept - 0 views

  • The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people. According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere. His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen
  • The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people. According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere. His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen.
  • In his speech at the National Defense University last May, President Obama declared that “before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.” He added that, “by narrowly targeting our action against those who want to kill us and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.” But the increased reliance on phone tracking and other fallible surveillance tactics suggests that the opposite is true. The Bureau of Investigative Journalism, which uses a conservative methodology to track drone strikes, estimates that at least 273 civilians in Pakistan, Yemen and Somalia have been killed by unmanned aerial assaults under the Obama administration. A recent study conducted by a U.S. military adviser found that, during a single year in Afghanistan – where the majority of drone strikes have taken place – unmanned vehicles were 10 times more likely than conventional aircraft to cause civilian casualties.
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    Glenn Greenwald's initial article in the new online The Intercept. 
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