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Paul Merrell

Tomgram: Laura Gottesdiener, Security vs. Securities | TomDispatch - 0 views

  • I live in Washington, D.C.'s Capitol Hill neighborhood. I can more or less roll out of bed into the House of Representatives or the Senate; the majestic Library of Congress doubles as my local branch. (If you visit, spend a sunset on the steps of the library's Jefferson Building. Trust me.) You can't miss my place, three stories of brick painted Big Bird yellow. It's a charming little corner of the city. Each fall, the trees outside my window shake their leaves and carpet the street in gold. Nora Ephron, if she were alive, might've shot a scene for her latest movie in one of the lush green parks that bookend my block. The neighborhood wasn't always so nice. A few years back, during a reporting trip to China, I met an American consultant who had known Capitol Hill in a darker era. "I was driving up the street one time," he told me, "and walking in the opposite direction was this huge guy carrying an assault rifle. Broad daylight, no one even noticed. That's what kind of neighborhood it was." Nowadays, row houses around me sell for $1 million or more. I rent.
  • Washington's a fun place to live if you're young and employed. But as a recent Washington Post story pointed out, the nation's capital is slowly pricing out even its yuppies who, in their late-twenties and early-thirties, want to start families but can't afford it. "I hate to say it, but the facts show that the D.C. market is for people who are single and relatively affluent," a real estate researcher told the Post. The District's housing boom just won't stop; off go those new and expecting parents to the suburbs. And we're talking about the lucky ones. Elsewhere in the country, vulnerability in the housing market isn't a trend story; it's the norm. The Cedillo family, as Laura Gottesdiener writes today, went looking for their version of the American housing dream and thought they found it in Chandler, Arizona. They didn't know that the house they chose to rent rested on a shaky foundation -- not physically but financially. It had been one of thousands snapped up and rented out by massive investment firms making a killing in the wake of the housing collapse. As Gottesdiener -- who has put the new rental empires of private equity firms on the map for TomDispatch -- shows, the goal of such companies is to squeeze every dime of profit from their properties, from homes like the Cedillos', and that can lead to tragedy.
  • Drowning in Profits A Private Equity Firm, a Missing Pool Fence, and the Price of a Child’s Death By Laura Gottesdiener
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  • Security is a slippery idea these days -- especially when it comes to homes and neighborhoods. Perhaps the most controversial development in America’s housing “recovery” is the role played by large private equity firms. In recent years, they have bought up more than 200,000 mostly foreclosed houses nationwide and turned them into rental empires. In the finance and real estate worlds, this development has won praise for helping to raise home values and creating a new financial product known as a “rental-backed security.” Many economists and housing advocates, however, have blasted this new model as a way for Wall Street to capitalize on an economic crisis by essentially pushing families out of their homes, then turning around and renting those houses back to them. Caught in the crosshairs are tens of thousands of families now living in these private equity-owned homes.
  • The same month that the family rented the house at 1471 West Camino Court, Progress Residential purchased more homes in Maricopa Country than any other institutional buyer. Nationally, Blackstone, a private equity giant, has been the leading purchaser of single-family homes, spending upwards of $8 billion between 2012 and 2014 to purchase 43,000 homes in about a dozen cities. However, in May 2013, according to Michael Orr, director of the Center for Real Estate Theory and Practice at the W. P. Carey School of Business at Arizona State University, Progress Residential bought nearly 200 houses, surpassing Blackstone's buying rate that month in the Phoenix area. The condition and code compliance of these houses varies and is rarely known at the time of the purchase. Mike Anderson, who works for a bidding service contracted by Progress Residential and other private equity giants to buy houses at auctions, was sometimes asked to go out and look at the homes. But with the staggering buying rate -- up to 15 houses a day at the peak -- he couldn’t keep up. “There’d be too many, you couldn’t go out and look at them,” he said. “It’s just a gamble. You never know what you’ve got into.”
  • Global private equity firms have not been, historically, in the business of dealing with pool fences and the other hassles of maintaining single-family houses. But following the housing market collapse, the idea of buying a ton of these foreclosed properties suddenly made sense, at least to investors. Such private-equity purchases were to make money in three ways: buying cheap and waiting for the houses to gain value as the market bounced back; renting them out and collecting monthly rental payments; and promoting a financial product known as “rental-backed securities,” similar to the infamous mortgage-backed securities that triggered the housing meltdown of 2007-2008. Even though the buying of the private equity firms has finally slowed, economists (including those at the Federal Reserve) have expressed concern about the possibility that someday those rental-backed securities could even destabilize -- translation: crash -- the broader market.
  • ince Wall Street was overwhelmingly responsible for the original collapse of the housing market, many have characterized these new purchases as a land grab. In many ways, Progress CEO Donald Mullen is the poster-child for this argument. An investment banker who enjoyed a brief flurry of fame after losing a bidding war to Alec Baldwin at an art auction, he was the leader of a team at Goldman Sachs that orchestrated an infamous bet against the housing market. Known as “the big short,” it allowed that company to make “some serious money“ when the economy melted down, according to Mullen’s own emails. (They were released by the Senate Permanent Subcommittee on Investigations in 2010.) As Kevin Roose of New York magazine has written, “A guy whose most famous trade was a successful bet on the full-scale implosion of the housing market is now swooping in to pick up the pieces on the other end.”
Paul Merrell

United Nations: Whistleblowers Need Protection - 0 views

  • Daniel Kaye, the United Nations’ Special Rapporteur for Freedom of Expression, recently submitted a report to the General Assembly on the protection of whistleblowers and sources. The report highlights key elements of protections for whistleblowers, and is based in part on participation by 28 States as well as individuals and non-governmental organizations (NGOs). Among a host of best-practice protections featured in the report, the Special Rapporteur focuses particular attention on national security whistleblowers and sources, those whistleblowers who are often subject to criminal prosecution for exposing serious problems. Notably, the report recommended a public interest balancing test for disclosures in the national security field that could be used to claim protection from retaliation or as a defense when facing prosecution. This balancing test would promote disclosures where the public interest in the information outweighs any identifiable harm to a legitimate national security interest, and requires that the whistleblower disclose no more information than reasonably necessary to expose wrongdoing. A defense for blowing the whistle in the national security field would be a welcome one, as these whistleblowers often face prosecution under the Espionage Act, which could mean years of costly litigation for simply trying to expose practices that make us less secure. This balancing test is similar to one proposed last year by Yochai Benkler, a law professor and co-founder of the Berkman Center for Internet and Society, and supported by the Project On Government Oversight. The full report contains many best-practice recommendations that our Congress should consider to strengthen whistleblower protections domestically.
Paul Merrell

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

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

Edward Snowden: NSA whistleblower answers reader questions | World news | guardian.co.uk - 0 views

  • The 29-year-old former NSA contractor and source of the Guardian's NSA files coverage will – with the help of Glenn Greenwald – take your questions today on why he revealed the NSA's top-secret surveillance of US citizens, the international storm that has ensued, and the uncertain future he now faces. Ask him anything.
  • I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.
  • I was debriefed by Glenn and his peers over a number of days, and not all of those conversations were recorded. The statement I made about earnings was that $200,000 was my "career high" salary. I had to take pay cuts in the course of pursuing specific work. Booz was not the most I've been paid.
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  • 1) More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.
  • Obama's campaign promises and election gave me faith that he would lead us toward fixing the problems he outlined in his quest for votes. Many Americans felt similarly. Unfortunately, shortly after assuming power, he closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge.
  • All I can say right now is the US Government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped
  • NSA likes to use "domestic" as a weasel word here for a number of reasons. The reality is that due to the FISA Amendments Act and its section 702 authorities, Americans’ communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant. They excuse this as "incidental" collection, but at the end of the day, someone at NSA still has the content of your communications. Even in the event of "warranted" intercept, it's important to understand the intelligence community doesn't always deal with what you would consider a "real" warrant like a Police department would have to, the "warrant" is more of a templated form they fill out and send to a reliable judge with a rubber stamp.
  • Glenn Greenwald follow up: When you say "someone at NSA still has the content of your communications" - what do you mean? Do you mean they have a record of it, or the actual content? Both. If I target for example an email address, for example under FAA 702, and that email address sent something to you, Joe America, the analyst gets it. All of it. IPs, raw data, content, headers, attachments, everything. And it gets saved for a very long time - and can be extended further with waivers rather than warrants.
  • What are your thoughts on Google's and Facebook's denials? Do you think that they're honestly in the dark about PRISM, or do you think they're compelled to lie? Perhaps this is a better question to a lawyer like Greenwald, but: If you're presented with a secret order that you're forbidding to reveal the existence of, what will they actually do if you simply refuse to comply (without revealing the order)? Answer: Their denials went through several revisions as it become more and more clear they were misleading and included identical, specific language across companies. As a result of these disclosures and the clout of these companies, we're finally beginning to see more transparency and better details about these programs for the first time since their inception. They are legally compelled to comply and maintain their silence in regard to specifics of the program, but that does not comply them from ethical obligation. If for example Facebook, Google, Microsoft, and Apple refused to provide this cooperation with the Intelligence Community, what do you think the government would do? Shut them down?
  • Some skepticism exists about certain of your claims, including this: I, sitting at my desk, certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, to even the President if I had a personal email. Do you stand by that, and if so, could you elaborate? Answer: Yes, I stand by it. US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with. More fundamentally, the "US Persons" protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it's only victimizing 95% of the world instead of 100%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."
  • Edward, there is rampant speculation, outpacing facts, that you have or will provide classified US information to the Chinese or other governments in exchange for asylum. Have/will you? Answer: This is a predictable smear that I anticipated before going public, as the US media has a knee-jerk "RED CHINA!" reaction to anything involving HK or the PRC, and is intended to distract from the issue of US government misconduct. Ask yourself: if I were a Chinese spy, why wouldn't I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.
  • US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM. Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it. Further, it's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.
  • Is encrypting my email any good at defeating the NSA survelielance? Id my data protected by standard encryption? Answer: Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it. 
  • Binney, Drake, Kiriakou, and Manning are all examples of how overly-harsh responses to public-interest whistle-blowing only escalate the scale, scope, and skill involved in future disclosures. Citizens with a conscience are not going to ignore wrong-doing simply because they'll be destroyed for it: the conscience forbids it. Instead, these draconian responses simply build better whistleblowers. If the Obama administration responds with an even harsher hand against me, they can be assured that they'll soon find themselves facing an equally harsh public response. This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. 
  • What would you say to others who are in a position to leak classified information that could improve public understanding of the intelligence apparatus of the USA and its effect on civil liberties?
  • This country is worth dying for.
  • My question: given the enormity of what you are facing now in terms of repercussions, can you describe the exact moment when you knew you absolutely were going to do this, no matter the fallout, and what it now feels like to be living in a post-revelation world? Or was it a series of moments that culminated in action? I think it might help other people contemplating becoming whistleblowers if they knew what the ah-ha moment was like. Again, thanks for your courage and heroism. Answer: I imagine everyone's experience is different, but for me, there was no single moment. It was seeing a continuing litany of lies from senior officials to Congress - and therefore the American people - and the realization that that Congress, specifically the Gang of Eight, wholly supported the lies that compelled me to act. Seeing someone in the position of James Clapper - the Director of National Intelligence - baldly lying to the public without repercussion is the evidence of a subverted democracy. The consent of the governed is not consent if it is not informed.
  • Regarding whether you have secretly given classified information to the Chinese government, some are saying you didn't answer clearly - can you give a flat no? Answer: No. I have had no contact with the Chinese government. Just like with the Guardian and the Washington Post, I only work with journalists.
  • So far are things going the way you thought they would regarding a public debate? – tikkamasala Answer: Initially I was very encouraged. Unfortunately, the mainstream media now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicionless surveillance in human history.
  • Thanks to everyone for their support, and remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.
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    I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 
Paul Merrell

US Intel Vets Dispute Russia Hacking Claims - Consortiumnews - 0 views

  • As the hysteria about Russia’s alleged interference in the U.S. election grows, a key mystery is why U.S. intelligence would rely on “circumstantial evidence” when it has the capability for hard evidence, say U.S. intelligence veterans. Veteran Intelligence Professionals for Sanity MEMORANDUM Allegations of Hacking Election Are Baseless A New York Times report on Monday alluding to “overwhelming circumstantial evidence” leading the CIA to believe that Russian President Vladimir Putin “deployed computer hackers with the goal of tipping the election to Donald J. Trump” is, sadly, evidence-free. This is no surprise, because harder evidence of a technical nature points to an inside leak, not hacking – by Russians or anyone else.
  • We have gone through the various claims about hacking. For us, it is child’s play to dismiss them. The email disclosures in question are the result of a leak, not a hack. Here’s the difference between leaking and hacking: Leak: When someone physically takes data out of an organization and gives it to some other person or organization, as Edward Snowden and Chelsea Manning did. Hack: When someone in a remote location electronically penetrates operating systems, firewalls or any other cyber-protection system and then extracts data. All signs point to leaking, not hacking. If hacking were involved, the National Security Agency would know it – and know both sender and recipient. In short, since leaking requires physically removing data – on a thumb drive, for example – the only way such data can be copied and removed, with no electronic trace of what has left the server, is via a physical storage device.
  • These collection resources are extensive [see attached NSA slides 1, 2, 3, 4, 5]; they include hundreds of trace route programs that trace the path of packets going across the network and tens of thousands of hardware and software implants in switches and servers that manage the network. Any emails being extracted from one server going to another would be, at least in part, recognizable and traceable by all these resources. The bottom line is that the NSA would know where and how any “hacked” emails from the DNC, HRC or any other servers were routed through the network. This process can sometimes require a closer look into the routing to sort out intermediate clients, but in the end sender and recipient can be traced across the network. The various ways in which usually anonymous spokespeople for U.S. intelligence agencies are equivocating – saying things like “our best guess” or “our opinion” or “our estimate” etc. – shows that the emails alleged to have been “hacked” cannot be traced across the network. Given NSA’s extensive trace capability, we conclude that DNC and HRC servers alleged to have been hacked were, in fact, not hacked. The evidence that should be there is absent; otherwise, it would surely be brought forward, since this could be done without any danger to sources and methods. Thus, we conclude that the emails were leaked by an insider – as was the case with Edward Snowden and Chelsea Manning. Such an insider could be anyone in a government department or agency with access to NSA databases, or perhaps someone within the DNC.
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  • As for the comments to the media as to what the CIA believes, the reality is that CIA is almost totally dependent on NSA for ground truth in the communications arena. Thus, it remains something of a mystery why the media is being fed strange stories about hacking that have no basis in fact. In sum, given what we know of NSA’s existing capabilities, it beggars belief that NSA would be unable to identify anyone – Russian or not – attempting to interfere in a U.S. election by hacking. For the Steering Group, Veteran Intelligence Professionals for Sanity (VIPS)
Paul Merrell

Top spy: Despite intelligence 'war' with Russians, it's too soon to blame them for DNC hack - POLITICO - 0 views

  • Spy chief James Clapper said Thursday that U.S. intelligence services are facing a "version of war" with Russia — but it's too soon to blame the old Cold War rival for hacking the Democratic National Committee's emails. He said it's also too early to say whether the people who leaked those emails are trying to throw the presidential election to Donald Trump, as Hillary Clinton's campaign has charged. Story Continued Below "I don't think we're quite ready yet to make a call on attribution," Clapper said at the Aspen Security Forum in Colorado. "There are just a few usual suspects out there." Additionally, he said, "We don't know enough to ascribe motivation regardless of who it might have been." The reasons for the administration's reluctance to assign blame are a combination of two factors, Clapper said: uncertainty about whether the Russians are the culprits, and the lack of a decision yet on whether the U.S. should "name and shame" them if indeed they committed the cyberattack. No one should be "hyperventilating" about the hack, though, he said. "I'm shocked somebody did some hacking," he said, sarcastically taking the voice of someone who was surprised. "That's never happened before."
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    In other words, Clapper is saying that Team Hillary is trying to change the subject from the content of the DNC emails to bl;aming the Russians for the hack, without sufficient evidence to do so. Of course Hillary wants the subject changed. But will she get a way with it?
Paul Merrell

Feds confirm Bush-era e-mail surveillance - POLITICO.com - 0 views

  • The U.S. government has acknowledged that it swept up huge volumes of data from emails in the U.S. for several years without any court approval, based solely on the orders of former President George W. Bush. In a court filings on Monday, government lawyers said that the Internet program ran in parallel with a program gathering so-called metadata about telephone calls. The counterterrorism efforts operated under presidential authority before a judge approved them in July 2004, said a 2007 court filing made public Monday by the Justice Department (and posted here.)
  • "After the 9/11 attacks and pursuant to an authorization of the President, [redacted] the NSA [redacted] the bulk collection of non-content information about  telephone calls and Internet communications (hereafter 'metadata') activities that enable the NSA to uncover the contacts [redacted] of members or agents of al Qaeda or affiliated terrorist organizations," a senior NSA official wrote in an October 2007 declaration originally filed under seal as part of an effort to defeat litigation about the snooping Bush ordered. "Specifically, the President authorized the the NSA to collect metadata related to Internet communications for the purpose of conducting targeted analysis to track Al Qaeda-related networks. Internet metadata is header/router/addressing information, such as the 'to,' 'from,' 'cc,' and 'bcc' lines, as opposed to the body or 're' lines, of a standard e-mail. Since July 2004, the collection of Internet metadata has been conducted pursuant to an Order of the Foreign Intelligence Surveillance Court," the still-unidentified official from NSA's Signals Intelligence Directorate continued. The email program was effectively public since June of last year, after contractor Edward Snowden leaked a top-secret National Security Agency inspector general report that described the program.
  • FISC Judge Colleen Kollar-Kotelly's opinion approving the surveillance was officially released in November 2013. However, the date she issued it was redacted. Many surmised that her opinion followed a dust-up in March 2004, when then-Deputy Attorney General James Comey questioned the legality of some aspect of Bush's post-9/11 surveillance programs and refused to reauthorize that portion of the surveillance. Comey's refusal is said to have put the program into turmoil for a period of months, until officials sought and won the order from Kollar-Kotelly blessing the gathering of both the email and telephone metadata. The publicly released version of Kollar-Kotelly's opinion does not discuss the operation of the program during the period before the application for court approval. The filings Monday came in continuing legal wrangling over obligations pending lawsuits may create for the NSA to hang on to aging metadata that it would ordinarily have been required to erase under FISC orders. A federal judge in San Francisco has required that the NSA preserve that data, at least for now, rather than erasing it.
Paul Merrell

Jeremy Hammond Sentenced To 10 Years In Prison - 0 views

  • NEW YORK -- Convicted hacker Jeremy Hammond was sentenced Friday to 10 years in prison for stealing internal emails from the global intelligence firm Stratfor.
  • Hammond, 28, has a lengthy criminal record for his protests both online and off against targets like the 2004 Republican National Convention and pro-Iraq War activists. But stealing Stratfor files as part of the online hacking collective Anonymous gave him a new level of notoriety. In May, he pleaded guilty to one conspiracy charge for hacking the Texas-based private intelligence firm Strategic Forecasting, or Stratfor. The security breach resulted in the theft of employee emails and account information for approximately 860,000 Stratfor subscribers and clients, including information from 60,000 credit cards. Although Hammond did not use the credit cards himself, he urged supporters to use them to make donations to charities. The resulting fraudulent charges led to headaches for nonprofits and for the private individuals who had their phone numbers and email addresses exposed. The government charges originally added up to 30 years in prison, but Hammond took a plea deal for violating the Computer Fraud and Abuse Act, a federal anti-hacking law also used to prosecute internet freedom activist Aaron Swartz. He admitted to hacking several other websites, including the Arizona Department of Public Safety, Special Forces Gear, the Boston Police Patrolmen's Association, and the sheriff's office in Jefferson County, Ala.
  • Nearly 5 million emails obtained in the Stratfor hack were turned over to WikiLeaks by Hammond and published as the “Global Intelligence Files.” They revealed domestic spying on activists, including Occupy Wall Street. The resulting media publicity led some, including 4,000 online petition backers and Pentagon Papers leaker Daniel Ellsberg, to hail him as a whistleblower. But to the federal government, he was little more than a common thief. “While he billed himself as fighting for an anarchist cause, in reality, Jeremy Hammond caused personal and financial chaos for individuals whose identities and money he took and for companies whose businesses he decided he didn’t like," United States Attorney Preet Bharara said in a May statement. On Friday, Hammond, who has been in detention for 20 months, struck back. While apologizing to the innocent people who had their personal information exposed as a result of his leaks, he lashed out at the FBI, and Hector Xavier Monsegur, an informant widely known by his online name "Sabu." For months, Hammond claimed, Sabu guided him as he hacked the Stratfor website and thousands more around the world.
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  • Before being cut off by U.S. District Court Judge Loretta Preska, Hammond claimed that foreign government targets included Turkey, Brazil and Iran. Preska had already imposed a protective order preventing the release of the countries' names, which were in Hammond's statement as well as in sentencing paperwork. The government had disputed his claims involving the countries, and Preska responded by ordering that their names be redacted. She cut Hammond off in court Friday before he was able to list all of the countries in violation of the order.
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    Jeremy Hammond draws the maximum 10-year sentence. 
Paul Merrell

Emails to Hillary contradict French tale on Libya war - Al-Monitor: the Pulse of the Middle East - 0 views

  • French spies secretly organized and funded the Libyan rebels who defeated Moammar Gadhafi, according to confidential emails to Hillary Clinton that were made public on June 22.
  • “In return for their assistance,” the memo states, “the DGSE officers indicated that they expected the new government of Libya to favor French firms and national interests, particularly regarding the oil industry in Libya.” The email goes on to state that Jalil and Younis “accepted this offer” and “have maintained contact with the DGSE officers in Cairo.” The memo is titled, “How the French created the National Libyan Council, ou l’argent parle.” Another memo dated May 5 asserts that individuals close to the council stated “in strictest confidence” that as early as mid-April 2011 French humanitarian flights also included “executives from the French company TOTAL, the large construction from VINCI and the European Aeronautic Defence and Space Company N.V. (EADS).” Subsequent flights have allegedly carried representatives “from the conglomerate THALYS and other large French firms, all with close ties to [Sarkozy].” “After meeting with the [council] these French business executives leave discreetly by road, via Tobruk to Egypt,” the memo states. “These convoys are organized and protected by para-military officers [from the DGSE].” The memo adds that Levy himself came up with the idea and obtained the council’s signature on an agreement to give French firms “favorable consideration” in business matters. He is said to have used “his status as a journalist to provide cover for his activities.”
  • The memos from Clinton adviser Sidney Blumenthal contradict the popular French narrative about its intervention in Libya, raising fresh questions about a war that toppled a dictator but left chaos and radicalism in his stead. They were allegedly written by retired CIA operative Tyler Drumheller and released by a special congressional panel investigating the 2012 attack on the US mission in Benghazi. The oft-repeated media tale in France holds that then-President Nicolas Sarkozy was outraged by Gadhafi’s crackdown on protesters in February 2011 but had no clear idea who to support. Enter a swash-buckling “intellectual,” Bernard-Henri Levy, who met with Transitional National Council leader Mustafa Abdul Jalil on March 4, immediately called Sarkozy, and had the French president invite Jalil to the Elysee Palace — and recognize the council as the country’s official government by March 10. The emails to Clinton tell a distinctly less heroic story. According to one entry from March 22, 2011, “officers” with the General Directorate for External Security — the French intelligence service — “began a series of secret meetings” with Jalil and Gen. Abdul Fatah Younis in Benghazi in late February and gave them “money and guidance” to set up the council, whose formation was announced Feb. 27. The officers, “speaking under orders from [Sarkozy] promised that as soon as the [council] was organized France would recognize [it] as the new government of Libya.”
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  • A later memo, from September 2011, asserts that Sarkozy urged the Libyans to reserve 35% of their oil industry for French firms — Total in particular — when he traveled to Tripoli that month. In the end, however, Italy’s Eni came out ahead with Russian and Chinese firms biding their time, even as the Libyan oil production plummeted because of the civil war. The veracity of the memos’ content is difficult if not impossible to ascertain. While Levy has long been a controversial figure in France, the council was riven by internal rivalries. Younis himself was assassinated in July 2011 — at Jalil’s urging according to an Aug. 8 memo to Clinton. And Drumheller himself has courted controversy for his role in the run-up to the 2003 Iraq war, with liberals celebrating him as a truth-teller and conservatives saying he helped concoct some of the false information he later debunked.
  • French spymasters’ role in Libya has been alluded to before, most notably in the 2012 book “The Truth About our War in Libya” by French historian Jean-Christophe Notin. That book said Henry-Levy’s role in the French decision to go to war had been overblown. “All has not been said about this war, because it has only had one narrator: Bernard-Henri Levy,” Notin told L’Express magazine. “Yes, he was one of the Libyans’ interlocutors. But his telling glosses over not only the coalition’s military exploits, but also the underground work of diplomatic and military officials on the ground, sometimes for quite some time, in Libya.” Other memos released June 22 give credence to the notion that Sarkozy was determined from the start of the uprising to get rid of Gadhafi, despite earlier efforts to court him after he abandoned his weapons program and sought closer ties with the West. A March 20 memo, for instance, states that Sarkozy “plans to have France lead the attacks on [Gadhafi] over an extended period of time” and “sees this situation as an opportunity for France to reassert itself as a military power.”
Paul Merrell

Julian Assange says "1,700 emails in Hillary Clinton's collection" proves she sold weapons to ISIS in Syria [Video] - 0 views

  • The Reagan administration officials hoped to secure the release of several U.S. hostages, and then take proceeds from the arms sales to Iran, to fund the Contras in Nicaragua. Sounds familiar?
  • In Obama’s second term, Secretary of State Hillary Clinton authorized the shipment of American-made arms to Qatar, a country beholden to the Muslim Brotherhood, and friendly to the Libyan rebels, in an effort to topple the Libyan/Gaddafi government, and then ship those arms to Syria in order to fund Al Qaeda, and topple Assad in Syria. Clinton took the lead role in organizing the so-called “Friends of Syria” (aka Al Qaeda/ISIS) to back the CIA-led insurgency for regime change in Syria. Under oath Hillary Clinton denied she knew about the weapons shipments during public testimony in early 2013 after the Benghazi terrorist attack. In an interview with Democracy Now, Wikileaks’ Julian Assange is now stating that 1,700 emails contained in the Clinton cache directly connect Hillary to Libya to Syria, and directly to Al Qaeda and ISIS. Via: http://www.democracynow.org/2016/7/25/assange_why_i_created_wikileaks_searchable
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    But mainstream media is talking instead about Trump's 11-year-old sexist chatter. The 1,700 emails are in the "Podesta" files at Wikileaks.org.
Paul Merrell

Syria may turn out to be Obama's defining legacy | Asia Times - 0 views

  • By M.K. Bhadrakumar October 5, 2016 9:54 AM (UTC+8) Share 0 Tweet Print Email Comment 0 Asia Times is not responsible for the opinions, facts or any media content presented by contributors. In case of abuse, click here to report. On Monday, the Barack Obama administration fulfilled its week-old threat to suspend bilateral talks with Russia over the Syrian crisis. Does this signal that the dogs of war are about to be unleashed? The thought may seem preposterous but tensions are palpable. US spy planes are spotted ever more frequently in the Eastern Mediterranean and the Black Sea over Russian bases, especially Tartus and Hmeimim in Syria.
  • Russia has deployed SA-23 Gladiator anti-missile and anti-aircraft systems in Syria, the first-ever such deployments outside Russia. Western analysts see it as a pre-emptive step to counter any American cruise missile attack. Russia is not taking any chances.
  • Moscow factors in that the US may use some rebel groups to ensure that Russian “body bags” are sent to Moscow, as threatened explicitly by US state department spokesman John Kirby last week. Moscow suspects American involvement in the missile attack on the Russian embassy in Damascus — “Brits and Ukrainians clumsily helped the Americans”, a Russian statement in New York said on Tuesday. Indeed, passions are running high. There could be several dozen western intelligence operatives trapped with the rebel groups in east Aleppo. Clearly, the turning point was reached when the US and western allies undertook a fierce air attack on the Syrian army base at Deir Ezzor lasting an hour and killing 62 government troops. The US explanation of that being an accident lost credibility, since within an hour of the airstrike, extremist groups of al-Qaida followed up with ground attack as if acting in tandem.
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  • Trust has consequently broken down. The Russians are convinced that the US was never really interested in separating the moderate groups from extremists despite repeated promises, because Washington sees a use for al-Qaida affiliates, which happen to be the only capable fighting force to push the ‘regime change agenda in Syria. Put differently, Russians are inclined to agree with what Tehran has been saying all along. Moscow, therefore, switched tack and put its resources behind the Syrian operations to capture the strategic city of Aleppo and the military campaign is within sight of victory.
  • That is, unless there is US intervention in the coming days to tilt the military balance in favor of extremist groups trapped in the eastern districts of Aleppo with supply lines for reinforcements cut.
  • With no prospect of getting reinforcements, facing relentless air and ground attacks from the north and south, the rebels are staring at a hopeless battle of attrition. The point is, with the fall of Aleppo, the Syrian war becomes a residual military operation to purge the al-Qaida affiliate Jubhat al-Nusra from Idlib province as well, which means regime forces would secure control over the entire populous regions of Syria, all main cities and the entire Mediterranean coast. In a nutshell, the Syrian war ends with President Bashar al-Assad ensconced in power. The specter of “total victory” for Assad haunts Washington. It explains the string of vituperative statements against Moscow, betraying a high level of frustration. Theoretically, Obama can order missile attacks on the victorious Syrian government forces, but that will be like pouring oil on fire. On Saturday, the Russian Defense Ministry warned the Pentagon that any US military intervention to remove Assad would result in “terrible tectonic shifts” across the region.
  • In considering the war option, Obama has three things to take into account. First, Washington’s equations with Ankara and Riyadh are hugely uncertain at the moment and both regional allies are key partners in Syria.
  • Second, Turkish President Recep Erdogan is unlikely to gamble on another confrontation with Russia when his country’s legitimate interests in Syria can be secured by working in tandem with President Vladimir Putin at the negotiating table.
  • Third, and most important, Obama is unlikely to lead his country into a war without any clear-cut objective to realize when the curtain is coming down on his presidency. In this current state of play, Assad stands between the West and the deluge.
  • But what rankles is that Russian victory in Syria would mark the end of western hegemony over the Middle East, and historians are bound to single it out as the defining foreign-policy legacy of Obama’s presidency. Certainly, Moscow cannot but be sensing this. Russia may offer at some point a face-saving exit strategy — but only after the capture of Aleppo. After all, there is really no hurry between now and January to salvage Russia-US ties.
  • The debris of Russia’s ties with the US lies all around and no one knows where to begin a clean-up. Relations got worse when Obama called the Kremlin leadership “barbarous” in regard to Aleppo. Then, on Monday, Moscow explained its decision to suspend cooperation in getting rid of excess plutonium (that could be used to make nuclear weapons) as being due to “the emergence of a threat to strategic stability and as a result of unfriendly actions” by the US. This was a decision that Moscow could have deferred until Obama left office. After all, it meant suspending the sole Russian-American nuclear security initiative carrying Obama’s imprimatur. However, Moscow couldn’t resist depicting a Nobel Prize winner who promised to ensure “America’s commitment to seek the peace and security of a world without nuclear weapons,” as someone who actually enhanced the role of nuclear weapons in the security strategy of the US.
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    If you haven't been following the Syrian War in the last couple of weeks, you'd have missed that the U.S. government has gone bats**t crazy lately, since the ceasefire agreement Kerry negotiated with Lavrov fell apart because the U.S. couldn't deliver its fundamental promise to separate the "moderate" Syrian opposition from Al-Nusrah and ISIL The U.S. problem was two-fold: [i] the Pentagon mutinied and ended all talk of intelligence sharing with Russia by bombing a Syrian Army unit, killing over 60 and wounding over 100, followed within minutes by a coordinated Al-Nusra ground attack; and [ii] all the "moderate Syrian opposition groups refused the U.S. instruction to separate from the head-choppers, saying that ISIL and Al-Nusrah were their brothers-in-arms. (In fact, there are no "moderate" Syrian rebels; just agents of ISIL and Al-Nusrah who fly a different flag when it's time to pick up their supplies and ammunition from the U.S.) What's the Empire of Chaos to do when the mercenaries refuse to obey orders? So with all major elements of al-Nurah surrounded in an East Aleppo noose with the knot rapidly tightening (Aleppo will be taken before Hillary takes her throne), it's up to Obama to decide whether to unleash the Pentagon to save the CIA's al-Nusrah from destruction. He can't kick that can down the road to Hillary (or Donald). MSM is flooding its viewership with anti-Putin propaganda of the most vituperative kind as well as horror stories about all those poor freedom fighters and their kids being ruthlessly killed by Russia in East Aleppo. James Clapper dutifully trotted out an announcement of sorts blaming the Russian government for attempting to hack the U.S. election process, so Hillary could red-bait Donald's "I'd get along with Putin" position in the last debate. The choice must be painful for Obama. Does he want his legacy to be the President who lost the Middle East or the President who waged a war of aggression to protect al-Qaeda from destructio
Gary Edwards

» 21 Facts About NSA Snooping That Every American Should Know Alex Jones' Infowars: There's a war on for your mind! - 0 views

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    NSA-PRISM-Echelon in a nutshell.  The list below is a short sample.  Each fact is documented, and well worth the time reading. "The following are 21 facts about NSA snooping that every American should know…" #1 According to CNET, the NSA told Congress during a recent classified briefing that it does not need court authorization to listen to domestic phone calls… #2 According to U.S. Representative Loretta Sanchez, members of Congress learned "significantly more than what is out in the media today" about NSA snooping during that classified briefing. #3 The content of all of our phone calls is being recorded and stored.  The following is a from a transcript of an exchange between Erin Burnett of CNN and former FBI counterterrorism agent Tim Clemente which took place just last month… #4 The chief technology officer at the CIA, Gus Hunt, made the following statement back in March… "We fundamentally try to collect everything and hang onto it forever." #5 During a Senate Judiciary Oversight Committee hearing in March 2011, FBI Director Robert Mueller admitted that the intelligence community has the ability to access emails "as they come in"… #6 Back in 2007, Director of National Intelligence Michael McConnell told Congress that the president has the "constitutional authority" to authorize domestic spying without warrants no matter when the law says. #7 The Director Of National Intelligence James Clapper recently told Congress that the NSA was not collecting any information about American citizens.  When the media confronted him about his lie, he explained that he "responded in what I thought was the most truthful, or least untruthful manner". #8 The Washington Post is reporting that the NSA has four primary data collection systems… MAINWAY, MARINA, METADATA, PRISM #9 The NSA knows pretty much everything that you are doing on the Internet.  The following is a short excerpt from a recent Yahoo article… #10 The NSA is suppose
Paul Merrell

How the NSA's Surveillance Procedures Threaten Americans' Privacy | American Civil Liberties Union - 0 views

  • Newly released documents confirm what critics have long suspected—that the National Security Agency, a component of the Defense Department, is engaged in unconstitutional surveillance of Americans' communications, including their telephone calls and emails. The documents show that the NSA is conducting sweeping surveillance of Americans' international communications, that it is acquiring many purely domestic communications as well, and that the rules that supposedly protect Americans' privacy are weak and riddled with exceptions.
  • 3. The Procedures permit the government to conduct surveillance that has no real connection to the government's foreign intelligence interests. One of the fundamental problems with the Act is that it permits the government to conduct surveillance without probable cause or individualized suspicion. It permits the government to monitor people who aren't even thought to be doing anything wrong, and to do so without particularized warrants or meaningful review by impartial judges. Government officials have placed heavy emphasis on the fact that the Act allows the government to conduct surveillance only if one of its purposes is to gather "foreign intelligence information." That term, though, is defined very broadly to include not only information about terrorism but also information about intelligence activities, the national defense, and even "the foreign affairs of the United States." The Procedures weaken the limitation further. Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is whether it has been used in the past to communicate with foreigners. Another is whether it is listed in a foreigner's address book. In other words, the NSA seems to equate a propensity to communicate with foreigners with a propensity to communicate foreign intelligence information. The effect is to bring virtually every international communication within the reach of the NSA's surveillance.
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    "Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is *whether it has been used in the past to communicate with foreigners."* Let that sink into your mind, please. Have you ever communicated with a foreigner? Have any of your communications ever been routed through servers in a foreign country? (The way the Internet works, it is an everyday event for just about anyone.) Does that constitute communication with a foreigner?  One of the many giant loopholes in the NSA's leaked procedures document for "minimizing" the collection of data on U.S. citizens.  
Paul Merrell

Hello, NSA - 1 views

  • The government is listening to your internets. Generate a sentence with some of the keywords they're looking for. Tweet or share and you could earn a new follower in Washington.
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    Nice idea. Include a sentence designed to attract NSA attention in every email, in web comments, etc., perhaps linked to this web site.  Flood their automated keyword scanning capability. 
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    I'm finding this warning in the footer of near all my Tea Party Patriot notifications: WARNING: Due to Presidential Executive Orders, the National Security Agency (NSA) may have read this email without warning, warrant, or notice. They may do this without any judicial or legislative oversight. You have no recourse, nor protection ... IF anyone other than the addressee of this e-mail is reading it, you are in violation of the 1st & 4th Amendments to the Constitution of the United States.
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    I'm using the following as my email signature these days: "[Notice not included in the above original message: The U.S. National Security Agency neither confirms nor denies that it intercepted this message.]"
Paul Merrell

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

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

Tocqueville's Warning to America: The Dangers of Despotism - 0 views

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    "The words of Alexis de Tocqueville in Book Four, Chapter VI of Democracy America are particularly poignant: I had remarked during my stay in the United States, that a democratic state of society, similar to that of the Americans, might offer singular facilities for the establishment of despotism... I think, then, that the species of oppression by which democratic nations are menaced is unlike anything which ever before existed in the world: our contemporaries will find no prototype of it in their memories. I seek in vain for an expression which will accurately convey the whole of the idea I have formed of it, the old words despotism and tyranny are inappropriate: the thing itself is new, and since I cannot name, I must attempt to define it. I seek to trace the novel features under which despotism may appear in the world. The first thing that strikes the observation is an innumerable multitude of men, all equal and alike, incessantly endeavoring to procure the petty and paltry pleasures with which they glut their lives. Each of them, living apart, is as a stranger to the fate of all the rest,--his children and his private friends constitute to him the whole of mankind; as for the rest of his fellow-citizens, he is close to them, but he sees them not;--he touches them, but he feels them not; he exists but in himself and for himself alone; and if his kindred still remain to him, he may be said at any rate to have lost his country. Above this race of men stands an immense and tutelary power, which takes upon itself alone to secure their gratifications, and to watch over their gate. That power is absolute, minute, regular, provident, and mild. It would be like the authority of a parent, if, like that authority, its object was to prepare men for manhood; but it seeks, on the contrary, to keep them in perpetual childhood: it is well content that the people should rejoice, provided they think of nothing but rejoicing. For their happiness such a government willingly la
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    "An elective despotism was not the government we fought for." - James Madison
Paul Merrell

New poll shows sharp partisan divide on UN settlements resolution, and between Jews and African-Americans - Mondoweiss - 0 views

  • A poll of registered voters from the end of the year shows that on the issue of the UN Security Council resolution against settlements of December 23, there are sharp splits between Democrats and Republicans and between Jews and African-Americans/Hispanics. There’s a huge partisan divide in the data released by Politico/Morning Consult. Democrats support the UN resolution, by 47 to 16 percent. Among Republicans, it’s the opposite: 43-24 percent against. And the Democratic Party is divided between traditional blocs: Jews were against the resolution by 47-42 percent. But Hispanics are 44-17 percent for the resolution. And African Americans are 39-18 percent for the resolution. Religious nones/atheists are also strongly for the resolution.
  • Registered voters support the resolution, overall, 35-28 percent. Good news for those who oppose settlements: the voters have the politicians’ backs. Break out whites, they support the resolution: 34-31 percent. Though bear in mind, in each of those categories, there are large numbers who are indifferent. Jews and Protestants stand out as being against the resolution. Jews: 47 oppose, 42 support. Only 12 percent don’t know. That’s the indifference quota, very low. Evangelicals: 36-27 percent oppose it. But 37 percent don’t know. Protestants oppose the resolution, 41-28. But Catholics support, it 39-30. Here’s the big kahuna in the poll: Atheists/Agnostics/Nones: 43-16 percent support the UN Resolution. That’s whopping. Notice that the Nones/Agnostics/Atheists now make up 478 of the sample of 2000 — nearly a quarter. Jews are only 63. Talk about punching above your weight! Those Nones are what gave Bernie Sanders his oomph on this issue. More of the partisanship. Clinton voters: 49-14 percent support the resolution. But Trump voters: 46-23 percent oppose it.
  • Young people don’t buy the security argument. From ages 18-44, the numbers are about 30-20 percent saying that the settlements are illegal. Between 45 and 55, it’s even. The numbers only start going the other way, for the settlements as a security measure, above age 55. The religious difference is even more pronounced when you ask whether settlements are a security measure or illegal. Jews go 52-32 percent for them being a security measure, with 16 percent having no opinion. And while evangelicals line up more or less with Jews, by 35-19 saying it’s a security measure, 47 percent don’t know/have no opinion. So much for the fervor of the evangelicals. Again: Jews know about settlements. Only 16 percent of Jews don’t know or have no opinion. But among other religions the no opinion numbers are all 39 or higher. Nones/Agnostics/Atheists say they’re illegal, 35-18. But 47 percent have no opinion. This is important because it shows that while Jews are just 3 percent of the sample, they care more than any other group. They know the story. And they’re conservative on the question.
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  • he Democratic Party is fractured. The party blocs of Nones, Higher Educated, African-Americans, Hispanics are against the settlements. Only Jews are for them. That divide is not going away. It’s getting rawer. Norman Finkelstein is surely right that the conflict is politically quiescent/sewn up in Israel/Palestine. But it’s not sewn up here. No: things are busting out all over. Wait till Republicans work to expose the differences. Wait till Keith Ellison and Tom Perez square off over this issue inside the Democratic Party.
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data Collection | Electronic Frontier Foundation - 0 views

  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
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    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

Your Computer May Already be Hacked - NSA Inside? | Steve Blank - 1 views

  • But while the interviewer focused on the Skype revelation, I thought the most interesting part was the other claim, “that the National Security Agency already had pre-encryption stage access to email on Outlook.”  Say what??  They can see the plaintext on my computer before I encrypt it? That defeats any/all encryption methods. How could they do that? Bypass Encryption While most outside observers think the NSA’s job is cracking encrypted messages, as the Prism disclosures have shown, the actual mission is simply to read all communications. Cracking codes is a last resort.
  • The NSA has a history of figuring out how to get to messages before or after they are encrypted. Whether it was by putting keyloggers on keyboards and recording the keystrokes or detecting the images of the characters as they were being drawn on a CRT. Today every desktop and laptop computer has another way for the NSA to get inside. Intel Inside It’s inevitable that complex microprocessors have bugs in them when they ship. When the first microprocessors shipped the only thing you could hope is that the bug didn’t crash your computer. The only way the chip vendor could fix the problem was to physically revise the chip and put out a new version. But computer manufacturers and users were stuck if you had an old chip. After a particularly embarrassing math bug in 1994 that cost Intel $475 million, the company decided to fix the problem by allowing it’s microprocessors to load fixes automatically when your computer starts.
  • Starting in 1996 with the Intel P6 (Pentium Pro) to today’s P7 chips (Core i7) these processors contain instructions that are reprogrammable in what is called microcode. Intel can fix bugs on the chips by reprogramming a microprocessors microcode with a patch. This patch, called a microcode update, can be loaded into a processor by using special CPU instructions reserved for this purpose. These updates are not permanent, which means each time you turn the computer on, its microprocessor is reset to its built-in microcode, and the update needs to be applied again (through a computer’s BIOS.). Since 2000, Intel has put out 29 microcode updates to their processors. The microcode is distributed by 1) Intel or by 2) Microsoft integrated into a BIOS or 3) as part of a Windows update. Unfortunately, the microcode update format is undocumented and the code is encrypted. This allows Intel to make sure that 3rd parties can’t make unauthorized add-ons to their chips. But it also means that no one can look inside to understand the microcode, which makes it is impossible to know whether anyone is loading a backdoor into your computer.
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  • Or perhaps the NSA, working with Intel and/or Microsoft, have wittingly have put backdoors in the microcode updates. A backdoor is is a way of gaining illegal remote access to a computer by getting around the normal security built-in to the computer. Typically someone trying to sneak malicious software on to a computer would try to install a rootkit (software that tries to conceal the malicious code.) A rootkit tries to hide itself and its code, but security conscious sites can discover rootkits by tools that check kernel code and data for changes. But what if you could use the configuration and state of microprocessor hardware in order to hide? You’d be invisible to all rootkit detection techniques that checks the operating system. Or what if you can make the microprocessor random number generator (the basis of encryption) not so random for a particular machine? (The NSA’s biggest coup was inserting backdoors in crypto equipment the Swiss sold to other countries.) Rather than risk getting caught messing with everyone’s updates, my bet is that the NSA has compromised the microcode update signing keys  giving the NSA the ability to selectively target specific computers. (Your operating system ensures security of updates by checking downloaded update packages against the signing key.) The NSA then can send out backdoors disguised as a Windows update for “security.” (Ironic but possible.) That means you don’t need backdoors baked in the hardware, don’t need Intel’s buy-in, don’t have discoverable rootkits, and you can target specific systems without impacting the public at large.
  • A few months ago these kind of discussions would have been theory at best, if not paranoia.
  • The Prism disclosures prove otherwise – the National Security Agency has decided it needs the ability to capture all communications in all forms. Getting inside of a target computer and weakening its encryption or having access to the plaintext of encrypted communication seems likely. Given the technical sophistication of the other parts of their surveillance net, the surprise would be if they haven’t implemented a microcode backdoor. The downside is that 1) backdoors can be hijacked by others with even worse intent. So if NSA has a microcode backdoor – who else is using it? and 2) What other pieces of our infrastructure, (routers, smartphones, military computers, satellites, etc) use processors with uploadable microcode? —— And that may be why the Russian president is now using a typewriter rather than a personal computer.
Paul Merrell

FBI Admits It Controlled Tor Servers Behind Mass Malware Attack | Threat Level | Wired.com - 0 views

  • It wasn’t ever seriously in doubt, but the FBI yesterday acknowledged that it secretly took control of Freedom Hosting last July, days before the servers of the largest provider of ultra-anonymous hosting were found to be serving custom malware designed to identify visitors. Freedom Hosting’s operator, Eric Eoin Marques, had rented the servers from an unnamed commercial hosting provider in France, and paid for them from a bank account in Las Vegas. It’s not clear how the FBI took over the servers in late July, but the bureau was temporarily thwarted when Marques somehow regained access and changed the passwords, briefly locking out the FBI until it gained back control. The new details emerged in local press reports from a Thursday bail hearing in Dublin, Ireland, where Marques, 28, is fighting extradition to America on charges that Freedom Hosting facilitated child pornography on a massive scale. He was denied bail today for the second time since his arrest in July. Freedom Hosting was a provider of turnkey “Tor hidden service” sites — special sites, with addresses ending in .onion, that hide their geographic location behind layers of routing, and can be reached only over the Tor anonymity network. Tor hidden services are used by sites that need to evade surveillance or protect users’ privacy to an extraordinary degree – including human rights groups and journalists. But they also appeal to serious criminal elements, child-pornography traders among them.
  • On August 4, all the sites hosted by Freedom Hosting — some with no connection to child porn — began serving an error message with hidden code embedded in the page. Security researchers dissected the code and found it exploited a security hole in Firefox to identify users of the Tor Browser Bundle, reporting back to a mysterious server in Northern Virginia. The FBI was the obvious suspect, but declined to comment on the incident. The FBI also didn’t respond to inquiries from WIRED today. But FBI Supervisory Special Agent J. Brooke Donahue was more forthcoming when he appeared in the Irish court yesterday to bolster the case for keeping Marques behind bars, according to local press reports. Among the many arguments Donahue and an Irish police inspector offered was that Marques might reestablish contact with co-conspirators, and further complicate the FBI probe. In addition to the wrestling match over Freedom Hosting’s servers, Marques allegedly dove for his laptop when the police raided him, in an effort to shut it down.
  • The apparent FBI-malware attack was first noticed on August 4, when all of the hidden service sites hosted by Freedom Hosting began displaying a “Down for Maintenance” message. That included at least some lawful websites, such as the secure email provider TorMail. Some visitors looking at the source code of the maintenance page realized that it included a hidden iframe tag that loaded a mysterious clump of Javascript code from a Verizon Business internet address. By midday, the code was being circulated and dissected all over the net. Mozilla confirmed the code exploited a critical memory management vulnerability in Firefox that was publicly reported on June 25, and is fixed in the latest version of the browser. Though many older revisions of Firefox were vulnerable to that bug, the malware only targeted Firefox 17 ESR, the version of Firefox that forms the basis of the Tor Browser Bundle – the easiest, most user-friendly package for using the Tor anonymity network. That made it clear early on that the attack was focused specifically on de-anonymizing Tor users. Tor Browser Bundle users who installed or manually updated after June 26 were safe from the exploit, according to the Tor Project’s security advisory on the hack.
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  • Perhaps the strongest evidence that the attack was a law enforcement or intelligence operation was the limited functionality of the malware. The heart of the malicious Javascript was a tiny Windows executable hidden in a variable named “Magneto.” A traditional virus would use that executable to download and install a full-featured backdoor, so the hacker could come in later and steal passwords, enlist the computer in a DDoS botnet, and generally do all the other nasty things that happen to a hacked Windows box. But the Magneto code didn’t download anything. It looked up the victim’s MAC address — a unique hardware identifier for the computer’s network or Wi-Fi card — and the victim’s Windows hostname. Then it sent it to a server in Northern Virginia server, bypassing Tor, to expose the user’s real IP address, coding the transmission as a standard HTTP web request.
  • The official IP allocation records maintained by the American Registry for Internet Numbers show the two Magneto-related IP addresses were part of a ghost block of eight addresses that have no organization listed. Those addresses trace no further than the Verizon Business data center in Ashburn, Virginia, 20 miles northwest of the Capital Beltway. The code’s behavior, and the command-and-control server’s Virginia placement, is also consistent with what’s known about the FBI’s “computer and internet protocol address verifier,” or CIPAV, the law enforcement spyware first reported by WIRED in 2007. Court documents and FBI files released under the FOIA have described the CIPAV as software the FBI can deliver through a browser exploit to gather information from the target’s machine and send it to an FBI server in Virginia. The FBI has been using the CIPAV since 2002 against hackers, online sexual predators, extortionists, and others, primarily to identify suspects who are disguising their location using proxy servers or anonymity services, like Tor. Prior to the Freedom Hosting attack, the code had been used sparingly, which kept it from leaking out and being analyzed.
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    Taking down the entire Freedom Hosting service because some content was kiddie porn is reminiscent of the U.S. government's proxy take-down of Mega-Upload in New Zealand. Such actions that disable legitimate users or deny access to their data are in my opinion violative of the 1st and 4th Amendments.  It suppresses the Freedom of Speech and seizes more than the 4th Amendment allows.  That our own government would use malware for surveillance purposes under any circumstance is just plain chilling.
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