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Paul Merrell

U.S. reasserts need to keep domestic surveillance secret - The Washington Post - 0 views

www.washingtonpost.com/...3-a0b9-249bbb34602c_story.html

surveillance state NSA NSA-blowback litigation civil liberties

shared by Paul Merrell on 22 Dec 13 - No Cached
  • The Obama administration Friday reasserted its claim of ­state-secrets privilege to try to block a court from ruling on the constitutionality of the National Security Agency’s interception of e-mails and phone calls on U.S. soil without a warrant. The reassertion of the privilege in two long-running lawsuits comes despite recent disclosures about the NSA’s programs and as President Obama is considering curbs to the NSA’s programs based on recommendations by a review panel he appointed.
  • The Obama administration Friday reasserted its claim of ­state-secrets privilege to try to block a court from ruling on the constitutionality of the National Security Agency’s interception of e-mails and phone calls on U.S. soil without a warrant. The reassertion of the privilege in two long-running lawsuits comes despite recent disclosures about the NSA’s programs and as President Obama is considering curbs to the NSA’s programs based on recommendations by a review panel he appointed.
  • “In my judgment, disclosure of still-classified details regarding these intelligence-gathering activities, either directly or indirectly, would seriously compromise, if not destroy, important and vital ongoing intelligence operations,” Director of National Intelligence James R. Clapper said in a declaration filed in U.S. District Court in Northern California on Friday.In court filings, the government also acknowledged for the first time that sweeping collections of Americans’ phone and Internet metadata began under the Bush administration, in concert with a program of intercepting phone and e-mail content without warrants — programs that operated for years solely under executive power before being brought under court and congressional oversight. Clapper said in his declaration that President George W. Bush authorized the collection efforts on Oct. 4, 2001, after the Sept. 11 terrorist attacks.
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  • Jewel is suing on behalf of all AT&T customers, and Shubert is suing on behalf of all Americans.
  • At issue is the NSA’s program to intercept phone and e-mail communications without a warrant, which was placed under court supervision in 2007 and then authorized by Congress in 2007 and 2008. Jewel also is challenging the agency’s collection of Americans’ phone metadata, or call logs that include numbers dialed and call lengths and times. That program was placed under court supervision in 2006 on the basis of a statute that has been reauthorized several times since then. Its existence was revealed in June following a leak by former NSA contractor Edward Snowden. The government has already suffered a setback in the case. U.S. District Judge Jeffrey S. White in July ruled that the government could not assert a state-secrets privilege when the underlying law, the Foreign Intelligence Surveillance Act, offers a process to hear classified evidence in closed chambers.
  • The declassification of the Bush administration’s authorization of the programs came in response to White’s order to the government to review declarations filed in the case. The judge wanted to see what could be declassified in light of Snowden’s revelations as well as subsequent disclosures made by the government. The government also declassified eight other declarations filed in the litigation by senior intelligence officials alleging national security would be harmed by disclosing program information.
  • Paul Merrell on 22 Dec 13
     
    Ooh. Reasserting the State Secrets privilege when Congress has already waived it and the judge has already ruled that it doesn't apply. That's the U.S. Justice Department in action. No argument to frivolous to raise.
  • Paul Merrell on 22 Dec 13
     
    Also deserving of notice: The Feds had the right to take an immediate appeal from the judge's order to declassify but chose not to do so. Also, the finding that the State Secrets privilege did not apply was limited to the FISA section 215 bulk metadata collection. It's still in play for the search of communication content. Perhaps the "reassertion" was not a reassertion but an assertion involving another class of records.
Paul Merrell

White House rejects clemency for Edward Snowden over NSA leaks | World news | theguardian.com - 0 views

www.theguardian.com/...se-nsa-edward-snowden-clemency

surveillance state Snowden clemency whistle-blowers Obama Feinstein Rogers

shared by Paul Merrell on 17 Nov 13 - No Cached
  • The White House and leading lawmakers have rejected Edward Snowden's plea for clemency and said he should return to the United States to face trial.Dan Pfeiffer, an Obama administration adviser, said on Sunday the NSA whistleblower's request was not under consideration and that he should face criminal charges for leaking classified information. Dianne Feinstein and Mike Rogers, respectively the heads of the Senate and House intelligence committees, maintained the same tough line and accused Snowden of damaging US interests.The former NSA employee this week appealed for clemency and an opportunity to address members of Congress about US surveillance. He also asked for international help to lobby the US to drop the charges against him. The White House, stung by domestic and international criticism, has shown growing appetite to rein in some of the NSA programmes that Snowden exposed but it has not softened its hostility to the 30-year-old fugitive.
Paul Merrell

U.S. spy chiefs face Congress amid spying rift with Europe | Reuters - 0 views

www.reuters.com/...rity-nsa-idUSBRE99S03N20131029

surveillance state NSA Obama Feinstein NSA-blowback tipping-point

shared by Paul Merrell on 29 Oct 13 - No Cached
  • When top U.S. intelligence officials testified at a congressional hearing weeks ago, the public uproar was over the National Security Agency collecting the phone and email records of Americans. But when the NSA director and other spy chiefs appear at a House Intelligence Committee hearing on Tuesday it will be against a backdrop of angry European allies accusing the United States of spying on their leaders and citizens.
  • The most prominent target appears to have been German Chancellor Angela Merkel, whose mobile phone was allegedly tapped by the NSA.More than any previous disclosures from material given to journalists by former NSA contractor Edward Snowden, the reports of spying on close U.S. allies have forced the White House to promise reforms and even acknowledge that America's electronic surveillance may have gone too far."We recognize there needs to be additional constraints on how we gather and use intelligence," White House spokesman Jay Carney said on Monday.U.S. Senator Dianne Feinstein, who chairs the Senate's intelligence committee, joined the ranks of critics on Monday, expressing outrage at U.S. intelligence collection on allies, and pique that her committee was not informed."With respect to NSA collection of intelligence on leaders of U.S. allies - including France, Spain, Mexico and Germany -let me state unequivocally: I am totally opposed," said Feinstein, who appeared to confirm U.S. spying on Merkel's communications since 2002.
  • NSA Director General Keith Alexander, NSA Deputy Director Chris Inglis, Director of National Intelligence James Clapper and Deputy Attorney General James Cole will testify at an open hearing of the House Intelligence Committee at 1:30 p.m. (1730 GMT) on Tuesday.Their testimony will cover NSA programs and potential changes to the Foreign Intelligence Surveillance Act, which regulates electronic eavesdropping.
  • Paul Merrell on 29 Oct 13
     
    Two major developments, likely not isolated from each other: [i] Sen. Feinstein says the Senate oversight committee was not informed of spying on world leaders and moves into the NSA reform camp; [ii] the WhiteHouse falls back to a position calling for additional restraints on NSA. These two events are likely akin to that of rats escaping a sinking ship. Meanwhile, both the head of the NSA and his top deputy are to resign in the next few months, supposedly voluntarily. http://www.upi.com/Top_News/US/2013/10/17/NSA-chief-Gen-Keith-Alexander-to-retire/UPI-91531381982460/ (The "voluntarily" part ignores that high officials who embarrass their superiors are often given their choice between resigning or being fired.) The retirement announcement (notably unattributed) followed only a week after a report in Foreign Affairs that the NSA leaders felt that they had been left hung out to dry by the Obama Administration. http://www.foreignpolicy.com/articles/2013/10/10/nsa_veterans_the_white_house_is_hanging_us_out_to_dry  So there is reason to suspect that the resignations were the direct result of their criticism of Obama, sourced only two four unidentified high NSA officials. The bottom line: we have finally passed the tipping point: NSA spying will be curbed. The only remaining issues: in what manner and to what extent?      
Paul Merrell

In Letter to Obama, Cisco CEO Complains About NSA Allegations | Re/code - 0 views

recode.net/...omplains-about-nsa-allegations

surveillance state NSA Cisco Obama Greenwald-book

shared by Paul Merrell on 20 May 14 - No Cached
  • Warning of an erosion of confidence in the products of the U.S. technology industry, John Chambers, the CEO of networking giant Cisco Systems, has asked President Obama to intervene to curtail the surveillance activities of the National Security Agency. In a letter dated May 15 (obtained by Re/code and reprinted in full below), Chambers asked Obama to create “new standards of conduct” regarding how the NSA carries out its spying operations around the world. The letter was first reported by The Financial Times. The letter follows new revelations, including photos, published in a book based on documents leaked by former NSA contractor Edward Snowden alleging that the NSA intercepted equipment from Cisco and other manufacturers and loaded them with surveillance software. The photos, which have not been independently verified, appear to show NSA technicians working with Cisco equipment. Cisco is not said to have cooperated in the NSA’s efforts.
Paul Merrell

Germany Opens Criminal Investigation On Alleged NSA Merkel Phone Tap - 0 views

www.mintpressnews.com/...191918

surveillance state NSA Germany criminal-investigation

shared by Paul Merrell on 05 Jun 14 - No Cached
  • German prosecutors have opened an investigation into the alleged monitoring of Chancellor Angela Merkel’s cellphone by the U.S. National Security Agency, officials said Wednesday, in a move that could again complicate diplomatic relations between the two allies. It was not immediately clear what the new investigation might mean in terms of possible prosecutions of Americans. Documents provided by National Security Agency leaker Edward Snowden indicated in October that the U.S. was monitoring Merkel’s cellphone conversations, as well as those of 35 other foreign leaders. Merkel expressed outrage and accused Washington of a grave breach of trust. In the ensuing diplomatic fallout, President Barack Obama acknowledged Germany’s anger and promised that new guidelines would cut back on such monitoring, except in the case of a national security interest. “The leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them rather than turning to surveillance,” Obama said at the time.
  • Following the news of the German probe, Obama’s deputy national security adviser, Ben Rhodes, said the U.S. believes direct dialogue between the two countries rather than an investigation is the best way to address Germany’s concerns. “We believe we have an open line and good communication” with Merkel and her team, Rhodes told reporters aboard Air Force One as Obama flew to Brussels for a meeting of the Group of Seven nations. After mulling for months whether to open a formal probe, Chief Federal Prosecutor Harald Range determined “that sufficient factual evidence exists that unknown members of U.S. intelligence services spied on the mobile phone of Chancellor Angela Merkel,” his office said. In a similarly thorny diplomatic case, Germany got as far as issuing warrants for 13 unidentified CIA agents suspected of kidnapping a German terrorism suspect and taking him to a detention center in Afghanistan. The case was shelved in 2007 after the U.S. Justice Department said extraditing the agents would harm “American national interests.”
  • In his Wednesday announcement, Range’s office said he was not opening a formal investigation of wider allegations of blanket surveillance of telecommunications data in Germany by U.S. and British intelligence, saying that there was not yet sufficient factual evidence of concrete crimes. His office said that will remain under consideration. Merkel’s spokesman, Steffen Seibert, declined to comment on Range’s decision or on whether the government fears it will weigh on relations with the U.S. The government didn’t exert any influence on the prosecutor, Seibert told reporters. “I am not going to evaluate here the decision he has made,” he said. Separately, the German Parliament earlier this year set up a committee to investigate the scope of spying by the NSA and other intelligence services in Germany.
  • Paul Merrell on 05 Jun 14
     
    There's a bit of comedy beneath the surface here. When Edward Snowden was in Hong Kong and news of the NSA leak hit, the U.S. Dept. of Justice promptly filed a criminal espionage charge against Snowden and attempted to extradite him from Hong Kong. Snowden left Hong Kong before the extradition paperwork was processed enough to result in his arrest.  Now with a pending criminal investigation of the NSA's espionage activities aimed at Germany's chancellor, the Obama White House says it wants dialog, not a criminal investigation. Would the U.S. honor its extradition treaty with Germany if NSA officials or the Director of Intelligence were charged with espionage in Germany? One might suspect that a dual-standard would be deployed, in effect saying that only espionage charges that the U.S. lodges can justify extradition. Or at least that's the way it worked when Italy tried and convicted in absentia several CIA officials and an Air Force officer of espionage activities, relating to the kidnapping and "extraordinary rendition" of a gentleman in Italy.       But this incident serves as a reminder that when the NSA officials conduct foreign intelligence activities, they will in most cases be deliberately violating the criminal laws of other nations. And the same activity aimed at U.S. citizens is also criminal, which is undoubtedly why Sen. Ron Wyden asked Director of Intelligence Clapper if the NSA had taken account of the Computer Fraud and Abuse Act in its processing of domestic digital communications. Clapper said he would get back to Wyden on that in writing. So far as I'm aware, Wyden is still waiting for that answer. There are lots of comedians in Washington, D.C. Most of them have no idea that they are comedians.   
Paul Merrell

Rating Obama's NSA Reform Plan: EFF Scorecard Explained | Electronic Frontier Foundation - 0 views

www.eff.org/...m-plan-eff-scorecard-explained

surveillance state NSA-reform Obama Obama-speech

shared by Paul Merrell on 23 Jan 14 - No Cached
  • Earlier today, President Obama announced a series of reforms to address abuses by the National Security Agency. We were heartened to see Obama recognized that the NSA has gone too far in trampling the privacy rights of people worldwide. In his speech, the President ensured that National Security Letters would not come with perpetual gag orders, brought new levels of transparency and fairness to the FISA court, and ended bulk collection of telephone records by the NSA. However, there is still much more to be done. We’ve put together a scorecard showing how Obama’s announcements stack up against 12 common sense fixes that should be a minimum for reforming NSA surveillance. Each necessary reform was worth 1 point, and we were willing to award partial credit for steps in the right direction. On that scale, President Obama racked up 3.5 points out of a possible 12.
Paul Merrell

Merkel compared NSA to Stasi in heated encounter with Obama | World news | The Guardian - 0 views

www.theguardian.com/...erkel-compares-nsa-stasi-obama

surveillance state NSA NSA-blowback EU EU-Parliamentary-Inquiry Snowden law international law

shared by Paul Merrell on 19 Dec 13 - No Cached
  • In an angry exchange with Barack Obama, Angela Merkel has compared the snooping practices of the US with those of the Stasi, the ubiquitous and all-powerful secret police of the communist dictatorship in East Germany, where she grew up.The German chancellor also told the US president that America's National Security Agency cannot be trusted because of the volume of material it had allowed to leak to the whistleblower Edward Snowden, according to the New York Times.Livid after learning from Der Spiegel magazine that the Americans were listening in to her personal mobile phone, Merkel confronted Obama with the accusation: "This is like the Stasi."The newspaper also reported that Merkel was particularly angry that, based on the disclosures, "the NSA clearly couldn't be trusted with private information, because they let Snowden clean them out."
  • Snowden is to testify on the NSA scandal to a European parliament inquiry next month, to the anger of Washington which is pressuring the EU to stop the testimony.
  • A draft report by a European parliament inquiry into the affair, being presented on Wednesday and obtained by the Guardian, says there has to be a discussion about the legality of the NSA's operations and also of the activities of European intelligence agencies.The report drafted by Claude Moraes, the British Labour MEP heading the inquiry, says "we have received substantial evidence that the operations by intelligence services in the US, UK, France and Germany are in breach of international law and European law".
Paul Merrell

News Roundup and Notes: August 18, 2014 | Just Security - 0 views

justsecurity.org/...s-roundup-notes-august-18-2014

war & peace Iraq Israel Palestine mission-creep

shared by Paul Merrell on 18 Aug 14 - No Cached
  • Over the weekend, the U.S. military carried out further airstrikes in Iraq, targeting Islamic State militants near the Mosul Dam, involving “a mix of fighter, bomber, attack and remotely piloted aircraft.” The nine strikes on Saturday and 14 strikes on Sunday were carried out under authority “to support humanitarian efforts in Iraq,” to protect U.S. personnel and facilities, and to support Iraqi and Kurdish defense forces [U.S. Central Command]. President Obama notified Congress of the latest American involvement yesterday, stating that “[t]he failure of the Mosul Dam could threaten the lives of large numbers of civilians, endanger U.S. personnel and facilities, including the U.S. Embassy in Baghdad.” Obama said the operations will be “limited in their scope and duration.” The significantly expanded air campaign, including the first reported use of U.S. bombers, has strengthened the Kurdish forces’ ground offensive to reclaim the strategic dam from Islamic State control [Wall Street Journal’s Matt Bradley et al.; Washington Post’s Liz Sly et al.]. Iraqi state television reported early today that Iraqi and Kurdish forces are now in control of the dam [Reuters], although there are reports of continued heavy fighting around the Mosul Dam [Al Jazeera]. Joe Parkinson [Wall Street Journal] covers how the U.S. has gained a “controversial new ally” in the Kurdistan Workers’ Party (PKK), as a number of PKK fighters joined the U.S.-backed Kurdish battle in northern Iraq over the weekend.
  • Israel-Palestine With the five-day truce between Israel and Hamas set to expire tonight, Israeli and Palestinian negotiators are continuing discussions in Cairo, although significant gaps remain between the two sides. While Israel is pushing for tougher security measures, Palestine is demanding an end to the Gaza blockade without preconditions [Associated Press; Reuters’ Nidal Al-Mughrabi and Jeffrey Heller]. Israeli troops have demolished the homes of two Palestinians suspected to have been behind the abduction and killing of the three Israeli teenagers in the West Bank in June [Haaretz’s Gili Cohen]. An IDF spokesperson said that the demolition “conveys a clear message to terrorists and their accomplices that there is a personal price to pay when engaging in terror and carrying out attacks against Israelis” [Al Jazeera]. Haaretz’s editorial board notes how the Israeli offensive in Gaza has generated “a very public crisis in relations between Israel and the United States” and warns that “Netanyahu must ease the tension with Washington and act to repair the rift with Obama.” The Wall Street Journal (Joshua Mitnick) explores how Israeli Prime Minister Benjamin Netanyahu’s “containment strategy” in the ongoing conflict is “a contrast from the tough talk against terrorism that fueled his political ascent.”
  • ulian Borger [The Guardian] notes how the potential International Criminal Court investigation into alleged war crimes in Gaza by both Israeli and Hamas forces has become a “fraught political battlefield.” Marwan Bishara [Al Jazeera] explains how and why the UN has been “sidelined” in the Middle East conflict. Meanwhile, the British government is facing a legal challenge over its decision to not suspend existing licenses for the sale of military hardware to Israel following the launch of Operation Protective Edge in Gaza last month [The Guardian’s Jamie Doward].
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  • Texas Governor Rick Perry [Politico Magazine] writes that “[c]learly more strikes will be necessary, with nothing less than a sustained air campaign to degrade and destroy Islamic State forces.” The Hill (Alexander Bolton) notes that Democrats in both chambers have called for a vote in Congress over military strikes in Iraq, while Senate Majority Leader Harry Reid “almost certainly wants to avoid [a vote] as he seeks to keep the upper chamber majority in his party’s hands.” The United Kingdom has also expanded its military involvement in Iraq, with Defence Secretary Michael Fallon confirming that British warplanes are no longer confined to the initial humanitarian mission to assist Iraq’s Yazidi minority [The Guardian’s Nicholas Watt]. The UN Security Council has placed six individuals affiliated with extremist organizations in Iraq and Syria, including the Islamic State, on its sanctions list [UN News Centre]. Army Col. Joel Rayburn, writing in the Washington Post, considers the legacy of Nouri al-Maliki. While Maliki has agreed to step down as prime minister, Rayburn argues that “the damage he has wrought will define his country for decades to come.” Mike Hanna [Al Jazeera America] explains why Maliki’s ouster “is no magic bullet for Iraq,” noting that a “change of prime minister doesn’t in itself alter Iraq’s political or security equation.” And Ali Khedery [New York Times] writes how the latest change in government “really is Iraq’s last chance.”
  • Journalist James Risen, who faces prison over his refusal to reveal the source of a CIA operation story, has called President Obama “the greatest enemy of press freedom in a generation” [New York Times’ Maureen Dowd]. The International Atomic Energy Agency said that Iran has promised to co-operate with an investigation to be carried out by the nuclear watchdog, following a “useful” meeting in Tehran [Reuters’ Fredrik Dahl and Mehrdad Balali]. Sky News reports that WikiLeaks founder Julian Assange is planning to “soon” leave the Ecuadorian embassy in London, after spending more than two years inside the building. Assange said he is planning to meet with the British government to resolve his “lack of legal protection.”
  • If you want to receive your news directly to your inbox, sign up here for the Just Security Early Edition. For the latest information from Just Security, follow us on Twitter (@just_security) and join the conversation on Facebook. To submit news articles and notes for inclusion in our daily post, please email us at news@justsecurity.org. Don’t forget to visit The Pipeline for a preview of upcoming events and blog posts on U.S. national security.
  • Paul Merrell on 18 Aug 14
     
    Until about a month ago, I thought that Barack Obama would leave only two lasting accomplishments for future history books: [i] first African-American President; and [ii] ending the U.S. war in Iraq. Make it item 1 only now. It's no longer U.S. military "mission creep" in Iraq; it's full bore reinvasion topped off with a U.S. enguineered coup of the Iraqi government.   Just Security is a very high quality politico-legal site for issues involving U.S. and U.S.-sponsored violence and surveillance issues. It's based at the Center for Human Rights and Global Justice at New York University School of Law. Their emailed weekday newsletter is great for the topics I try to follow.  
Paul Merrell

DiGenova: Rice Ordered 'Spreadsheets | The Daily Caller - 0 views

dailycaller.com/...d-spreadsheets-involving-trump

Auction 2016 surveillance-state Rice Trump unmasking

shared by Paul Merrell on 30 Mar 18 - No Cached
  • Former President Barack Obama’s national security adviser Susan Rice ordered U.S. spy agencies to produce “detailed spreadsheets” of legal phone calls involving Donald Trump and his aides when he was running for president, according to former U.S. Attorney Joseph diGenova. “What was produced by the intelligence community at the request of Ms. Rice were detailed spreadsheets of intercepted phone calls with unmasked Trump associates in perfectly legal conversations with individuals,” diGenova told The Daily Caller News Foundation Investigative Group Monday. “The overheard conversations involved no illegal activity by anybody of the Trump associates, or anyone they were speaking with,” diGenova said. “In short, the only apparent illegal activity was the unmasking of the people in the calls.”
  • Other official sources with direct knowledge and who requested anonymity confirmed to TheDCNF diGenova’s description of surveillance reports Rice ordered one year before the 2016 presidential election. Also on Monday, Fox News and Bloomberg News, citing multiple sources reported that Rice had requested the intelligence information that was produced in a highly organized operation. Fox said the unmasked names of Trump aides were given to officials at the National Security Council (NSC), the Department of Defense, James Clapper, President Obama’s Director of National Intelligence, and John Brennan, Obama’s CIA Director. Joining Rice in the alleged White House operations was her deputy Ben Rhodes, according to Fox. Critics of the atmosphere prevailing throughout the Obama administration’s last year in office point to former Obama Deputy Defense Secretary Evelyn Farkas who admitted in a March 2 television interview on MSNBC that she “was urging my former colleagues,” to “get as much information as you can, get as much intelligence as you can, before President Obama leaves the administration.”
  • Michael Doran, former NSC senior director, told TheDCNF Monday that “somebody blew a hole in the wall between national security secrets and partisan politics.” This “was a stream of information that was supposed to be hermetically sealed from politics and the Obama administration found a way to blow a hole in that wall,” he said.
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  • Doran charged that potential serious crimes were undertaken because “this is a leaking of signal intelligence.” “That’s a felony,” he told TheDCNF. “And you can get 10 years for that. It is a tremendous abuse of the system. We’re not supposed to be monitoring American citizens. Bigger than the crime, is the breach of public trust.” Waurishuk said he was most dismayed that “this is now using national intelligence assets and capabilities to spy on the elected, yet-to-be-seated president.” “We’re looking at a potential constitutional crisis from the standpoint that we used an extremely strong capability that’s supposed to be used to safeguard and protect the country,” he said. “And we used it for political purposes by a sitting president. That takes on a new precedent.”
Paul Merrell

DOJ confirms Holder OK'd search warrant for Fox News reporter's emails - Open Channel - 0 views

openchannel.nbcnews.com/...-for-fox-news-reporters-emails

liberties surveillance state journalism Obama Holder

shared by Paul Merrell on 27 May 13 - No Cached
  • The Justice Department pledged Friday to to review its policies relating to the seizure of information from journalists after acknowledging that a controversial search warrant for a  Fox News reporter’s private emails  was approved “at the highest levels” of the Justice Department, including “discussions” with Attorney General  Eric Holder.
  • The statement, confirming an NBC News account of Holder’s role, defended the secret warrant to obtain reporter James Rosen’s emails as a legitimate step to obtain evidence as part of an investigation of Stephen Kim. A former intelligence analyst, Kim has since been indicted under the Espionage Act for leaking classified information to Rosen about North Korea. He has denied the charges.
  • Nevertheless, said the official, who spoke on condition of anonymity, Holder “understands the concerns that have been raised by the media and has initiated a re-evaluation of existing department policies and procedures.” The official said the department must strike “the appropriate balance” between preventing leaks of classified information and “First Amendment rights,”adding that passage of a new media shield law “and appropriate updates to the department”s internal guidelines” will help achieve that.   The statement comes  amid a firestorm of criticism from news media groups over the Rosen search warrant and a secret subpoena for the phone records of AP reporters. It also comes one day after President Obama addressed the issue in a major speech on counter-terrorism policy, saying "I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable," Obama said. "Journalists should not be at legal risk for doing their jobs."
  • Paul Merrell on 27 May 13
     
    Re "President Obama addressed the issue in a major speech on counter-terrorism policy, saying "I am troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable," Obama said. "Journalists should not be at legal risk for doing their jobs." That's unless they're not working with a mainstream media company, of course. Witness continuing U.S. efforts to extradite and prosecute Wikileaks founder Julian Assange under the Espionage Act because of the massive leak of classified documents to Wikileaks for which Private Bradley Manning is being prosecuted.
Paul Merrell

Things Barack Obama Doesn't Consider "Abuse" | emptywheel - 0 views

www.emptywheel.net/...ck-obama-doesnt-consider-abuse

surveillance state NSA-abuse Obama

shared by Paul Merrell on 23 May 14 - No Cached
  • President Obama will shortly give a speech in which he’ll make cosmetic changes to the NSA dragnet, but will continue, in many ways, the accessing of personal data from Americans with no probable cause. As part of his cosmetic effort, he will also say there has been no evidence of abuse in these programs. That means he does not consider any of the following abuse: The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
  • According to the NSA in 2009, it had a program similar to Project Minaret — the tracking of anti-war opponents in the 1970s — in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse. When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses). Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
  • The NSA has twice — in 2009 and 2011 — admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening. As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations. In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
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  • NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA. Rather than discussing any of these violations, the NSA has waved around a few cases of LOVEINT (most, if not all, of which have not been prosecuted) as part of a successful ploy to distract from much more systemic abuses of its authority, affecting far more Americans. But there has been abuse, even beyond practices (like back door searches) that gut the Fourth Amendment or (like NSA’s approach to encryption) that hurt Americans’ security. President Obama will spend a lot of time saying there have been no abuses. He’s wrong.
  • Paul Merrell on 23 May 14
     
    One I had missed before, Marcy Wheeler's missive just before Obama delivered his speech on the NSA in January 2014, announcing his proposed "reforms."
Paul Merrell

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

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

surveillance state NSA xKeyScore Deep Dive Hayden

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

Rep. Justin Amash: House Intelligence Committee Withheld NSA Documents From Incoming Congressmen | Techdirt - 0 views

www.techdirt.com/...nts-incoming-congressmen.shtml

surveillance state NSA NSA-oversight Congress cover-up lies Obama-administration

shared by Paul Merrell on 04 Nov 13 - No Cached
  • Defenders of the NSA's program always point to two things: it's all legal and it's all subject to oversight. Part of the "oversight" is the FISA "thumbs up" system that has approved every request for two years in a row. The other part of the "oversight" is Congress itself. Unfortunately, members of Congress have been lied to directly about the extent of the collections occurring under Section 215 (and 702), so that's one strike against the "oversight." Now, it appears that members of Congress are being selectively provided with information about the programs.
  • Paul Merrell on 04 Nov 13
     
    From last August, but  proof that the House Committee on Intelligence lied to other members of Congress about the scope of the NSA's dragnet surveillance of American citizens.  Two days later, another article emphasizing that folk in the White House knew that the information had been withheld from Congress but continued to trumpet that all members of Congress had received the suppressed information. http://www.techdirt.com/articles/20130814/11070124175/white-house-knew-that-mike-rogers-withheld-details-nsa-surveillance-others-congress.shtml
Paul Merrell

Is NSA Surveillance Mastermind Keith Alexander Selling US Secrets to Wall Street? | VICE United States - 0 views

www.vice.com/...-us-secrets-to-wall-street-630

surveillance state NSA Alexander revolving-door

shared by Paul Merrell on 02 Jul 14 - No Cached
  • Perhaps you already assume that there's some kind of twisted marriage between Wall Street megabanks and the US global surveillance regime. Why wouldn't there be? But not even a total cynic could have anticipated spymaster Keith Alexander cashing in this hard, this fast. As Bloomberg recently reported, the former National Security Agency chief, who resigned in March at the age of 62, quickly offered his cyber-security expertise at the eye-popping price of $1 million per month to an assortment of shady business lobbies. And now at least one member of Congress is probing this most delightfully dystopian of arrangements, raising the possibility that Alexander will be shamed out of the practice, if nothing else. “Disclosing or misusing classified information for profit is, as Mr. Alexander well knows, a felony. I question how Mr. Alexander can provide any of the services he is offering unless he discloses or misuses classified information, including extremely sensitive sources and methods,” Florida Democratic Rep. Alan Grayson wrote one of the business groups, the Security Industries and Financial Markets Association (SIFMA), which holds it down for Wall Street in Washington. “Without the classified information that he acquired in his former position, he literally would have nothing to offer to you.”
  • In an interview Monday, Grayson was even more strident in his criticism. "Frankly, what the general is doing is beginning to resemble an extortion racket," he told me. "This is a man who basically lied for a living, and he continues to do that." To be clear, what's uniquely outrageous about Alexander, who has apparently lowered his asking price to $600,000, is not that he is a former US official dangling his alleged expertise and the allure of privileged access to government officials before Wall Street. Former Secretary of State Hillary Clinton, who served under Barack Obama and is the odds-on favorite to succeed him, does this all the time, usually at a rate of about $250,000 a pop. (Indeed, one might argue that the very fact she has managed to do so while enjoying a stellar national reputation is what signaled to Alexander he might as well dive headlong through the revolving door.) But the former NSA head presumably knows things about sophisticated intelligence-gathering practices that very, very few people on Earth have been privy to—information that could be useful in the private sector, which has a tendency to collude with the military in ways that made former President and World War II General Dwight Eisenhower very sad.
  • "What could he possibly have that's worth $1 million a month other than classified information?" wonders Melanie Sloan, founder of Citizens for Responsibility and Ethics in Washington (CREW), a good government group. "That's more than former presidents make." Indeed, even former President Bill Clinton, whose corruption since leaving office is by now the stuff of legend, doesn't have the gall to ask for that much per gig. There's a sort of "fuck it!" attitude to what Alexander is doing, seemingly kicking sand in the face of everyone angry at his surveillance regime by getting paid to reflect on the experience of assembling it. More ominously, there's the prospect that Alexander, whether deliberately or otherwise, may have left behind vulnerabilities while running the NSA so as to put himself in prime position to effectively hold the banks hostage now. Certainly, there have been reports suggesting the agency was aware of some vulnerabilities it either could or did not address.   "What is especially troubling is he might actually be worth it," says former North Carolina Democratic Congressman Brad Miller, who worked extensively on financial regulation and Wall Street reform in Congress. "He's obviously not a computer geek. Some of the things that might have seemed paranoid a few years ago now seem more than plausible given what we've already learned the NSA has been doing."
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  • In an email, former New York Times reporter and Goldman Sachs regulatory guru Stephen Labaton—who is currently president of communications and influence powerhouse RLM Finsbury and apparently fielding the General's media inquiries—dismissed Grayson's critique and Miller's concerns. "The letter is ludicrous," he wrote me, before adding about Miller, "The congressman’s kidding, right? Will he [Alexander] next be tied to the Kennedy assassination?" But as Marcy Wheeler points out, given that the former NSA boss has spent the last year hyping the incredible risk of catastrophic cyber-attack, as well as the alleged damage done by Edward Snowden (an assessment his successor does not seem to share), it's fair to ask if his consultancy is essentially a scam. That the victims are, for now, Wall Street bankers—some of the least sympathetic human beings around—is a sweet bit of irony. But it doesn't change the bigger picture: In this age of total surveillance and unchecked financial power, the frontiers of corruption never seem to stop expanding.
Paul Merrell

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

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

surveillance state NSA email-surveilllance lies

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

FBI sharply increases use of Patriot Act provision to collect US citizens' records - Open Channel - 0 views

openchannel.nbcnews.com/...to-collect-us-citizens-records

surveillance state FBI Patriot Act PRISM

shared by Paul Merrell on 16 Jun 13 - No Cached
  • The FBI has dramatically increased its use of a controversial provision of the Patriot Act to secretly obtain a vast store of business records of U.S. citizens under President Barack Obama, according to recent Justice Department reports to Congress. The bureau filed 212 requests for such data to a national security court last year – a 1,000-percent increase from the number of such requests four years earlier, the reports show. Follow @openchannelblog The FBI’s increased use of the Patriot Act’s “business records” provision — and the wide ranging scope of its requests -- is getting new scrutiny in light of last week’s disclosure that that the provision was used to obtain a top-secret national security order requiring telecommunications companies to turn over records of millions of telephone calls. Advertise | AdChoices Taken together, experts say, those revelations show the government has broadly interpreted the Patriot Act provision as enabling it to collect data not just on specific individuals, but on millions of Americans with no suspected terrorist connections. And it shows that the Foreign Intelligence Surveillance Court  accepted that broad interpretation of the law.
  • “That they were using this (provision) to do mass collection of data is definitely the biggest surprise,” said Robert Chesney, a top national security lawyer at the University of Texas Law School. “Most people who followed this closely were not aware they were doing this.  We’ve gone from producing records for a particular investigation to the production of all records for a massive pre-collection database. It’s incredibly sweeping.”  
  • But little-noticed statements by FBI Director Robert Mueller in recent years – as well as interviews with former senior law enforcement officials – hint at what Chesney calls a largely unnoticed “sea change” in the way the U.S. government collects data for terrorism and other national security investigations.
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  • The Patriot Act provision, known as Section 215, allows the FBI to require the production of business records and any other “tangible things” -- including “books, records, papers, documents and other items,” for an authorized terrorism or foreign intelligence investigation. The Patriot Act was a broad expansion of law enforcement powers enacted by Congress with overwhelming bipartisan support in the aftermath of the Sept. 11, 2001, terrorist attacks. In addition to Section 215, other provisions expanded the FBI’s power to issue so-called “national security letters,” requiring individuals and business to turn over a more limited set of records without any court order at all.  Advertise | AdChoices In contrast to standard grand jury subpoenas, material obtained under both Section 215 orders and national security letters must be turned over under so-called “gag orders” that forbid the business or institution that receives the order from notifying its customers or publicly referring to the matter.
  • Saying they wanted to put an end to “secret law,  eight U.S. senators — led by Sens. Jeff Merkley, D-Ore., and Mike Lee, R-Utah — on Tuesday introduced a bill to require the Justice Department to declassify national security court decisions that have permitted the use of the “business records” provision for such purposes.
  • In 2010, the number of requests jumped to 205 (all again granted, with 176 modified.) In the latest report filed on April 30, the department reported there had been 212 such requests in 2012 – all approved by the court, but 200 of them modified.These sharp increase in the use of Section 215 has drawn little attention until now because the number of national security letters (NSLs) issued by the bureau has been so much greater -- 15,229 in 2012. But FBI Director Mueller, in little-noticed written responses to Congress two years ago, explained that the bureau was encountering resistance from telecommunications companies in turning over “electronic communication transaction” records in response to national security letters.“Beginning in late 2009, certain electronic communications service providers no longer honored NSLs to obtain” records because of what their lawyers cited as “an ambiguity” in the law. (What Mueller didn’t say was this came at a time when all the major telecommunications companies were still facing lawsuits over their cooperation with the government on surveillance programs.) As a result, Mueller said, the FBI had switched over to demanding the same data under Section 215. “This change accounts for a significant increase in the volume of business records requests,” Mueller wrote.
  • From the earliest days of the Patriot Act, Section 215 was among the most hotly disputed of its provisions. Critics charged the language – “tangible things” -- was so broad that it would even permit the FBI to obtain library and bookstore records to inspect what citizens were reading.Ashcroft confronted criticismLargely to tamp down those concerns, then-Attorney General John Ashcroft declassified information about the FBI’s use of the provision in September 2003, saying in a statement that “the number of times Section 215 has been used to date is zero.” Ashcroft added that he was releasing the information “to counter the troubling amount of public distortion and misinformation” about Section 215. But in the years since, the FBI’s use of Section 215 quietly exploded, with virtually no public notice or debate. In 2009, as part of an annual report to Congress, the Justice Department reported there had been 21 applications for business records to the Foreign Intelligence Surveillance Court (FISC) under Section 215 – all of which were granted, though nine were modified by the court. (The reports do not explain how or why the orders were modified.) 
  • The motion also asks the court to consider the constitutionality of the “gag order” written into Section 215.“There should be no room for secret law,” said Jameel Jaffer, the ACLU’s deputy legal director, adding that disclosure of the FISC rulings is essential if the debate Obama called for is to take place. “The public has a right to know what limits apply to the government’s surveillance authority, and what safeguards are in place to protect individual privacy.” 
Paul Merrell

NSA Data Will Soon Be Used By Domestic Law Enforcement - 0 views

www.mintpressnews.com/...214734

surveillance state NSA raw-data-sharing

shared by Paul Merrell on 24 Mar 16 - No Cached
  • If you’re reading this, then I’m willing to bet that you’ve been called many different names throughout your life. If I were to hazard a guess, I would say they were names like kook, paranoid, conspiracy theorist, alarmist, insane, or gullible. And after this week, you can go by a new name: Vindicated. I’m of course talking about recent revelations from the NSA. Long before Edward Snowden came along, it was no secret that the NSA was spying on everyone without good cause. Anyone who believed that fact was called a conspiracy theorist, but their fears were eventually validated. These same people also understood that the NSA’s surveillance powers would never be used exclusively against terrorists and hostile governments. The power they have is just too tempting for any government. If various government agencies weren’t using the NSA’s surveillance apparatus to solve domestic crimes, it was only a matter of time before it was used for just that.
  • And again, they called us conspiracy theorists for believing that. And again, we were right all long. A while back, we noted a report showing that the “sneak-and-peek” provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy. The ACLU of Massachusetts blog Privacy SOS explains why this is important: What does this rule change mean for you? In short, domestic law enforcement officials now have access to huge troves of American communications, obtained without warrants, that they can use to put people in cages. FBI agents don’t need to have any “national security” related reason to plug your name, email address, phone number, or other “selector” into the NSA’s gargantuan data trove. They can simply poke around in your private information in the course of totally routine investigations. And if they find something that suggests, say, involvement in illegal drug activity, they can send that information to local or state police. That means information the NSA collects for purposes of so-called “national security” will be used by police to lock up ordinary Americans for routine crimes.
  • Anybody who knows anything about how governments work, should not surprised. You can’t give them any kind of power, and expect them to use it responsibly. You can’t give them any stipulations. Eventually they’ll find a legal loophole to work around any limitations that have been placed on them. In other news, the Pentagon admitted this week that they’ve been deploying military drones over the United States for domestic surveillance purposes. Much like the NSA’s surveillance apparatus, we were assured that drones were for terrorists in faraway lands. Nothing so Orwellian would ever be used against ordinary American citizens at home. Yet here we are, with more to come.
  • Paul Merrell on 24 Mar 16
     
    The Privacy Act, 5 U.S.C. 552a, provides in relevant part: "(a)(4) the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph[.] ... "(b) Conditions of Disclosure.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be- ... "(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought[.]" So a separate written request for each "portion" of any individual record that describes the "law enforcement activity for which the record is sought[.]" That doesn't sound like the contemplated unfettered access to bulk raw data. And it gets even better, with a right to sue for any violation, attorney fees and expenses, and a statutory minimum of $1,000 damages per violation just for winning the case.  
Paul Merrell

Exposed: Google's "Smart Home" Surveillance Plans, or, How To Not Be Colonized | TBYP - 0 views

www.takebackyourpower.net/...-smart-home-surveillance-plans

surveillance state smart-grid smart-meters

shared by Paul Merrell on 03 Apr 14 - No Cached
  • Two weeks ago, the New York Times’ truth-humor strip on “The Home of the Future” came on the heels of Google’s purchase of ‘smart thermostat’ manufacturer Nest for $3.2 Billion.  With power utility commissions such as California already stating their intention to “expand third-party access” to in-home data, the perfect storm is brewing for Google’s mission of making you their product – even in your own home. For context, this is the same Google whose executive chairman, Eric Schmidt, told MSNBC: “If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.”
  • So where does a ‘smart thermostat’ fit in the current corporatist drive for total in-home surveillance? For the last couple of years, utilities around the globe have all been touting their new metering systems with buzzwords such as ‘smart’, ‘advanced’, ‘upgraded’, or ‘modernized’.  All rhetoric aside, these devices are intended to integrate with all appliances in your home to form an inescapable wireless data-mining dragnet, dubbed as the “home area network”, with your HVAC and likely other in-home systems overseen by spy-giant Google, if they get their way. As we’ve seen, even former CIA director David Patraeus was publicly frothing over having the ability to spy through ‘smart’ appliances, intended to wirelessly report back to the meter continuously, while receiving energy-use dictates from the meter. According to a US Congressional Research Report:
  • “With smart meters, police will have access to data that might be used to track residents’ daily lives and routines while in their homes, including their eating, sleeping, and showering habits, what appliances they use and when, and whether they prefer the television to the treadmill, among a host of other details.” Smart grid planners and working groups have even laid these aims out in their internal roadmaps, citing goals such as “new tools for mining data and intel” and “data mining and analytics to become core competency” (see slide 17).
  • ...3 more annotations...
  • Despite pilot programs indicating no energy savings and mounting opposition now from several hundred activist groups, federal governments such as the US are continuing with their push to incentivize utilities to push forward ‘smart’ grid deployment. Apparently, having a piece of the $11 Billion taxpayer-funded ‘smart’ grid pie, pushed through by the Obama Administration immediately following the 2008 election, is sufficient motivation for utility executives to steamroll forward despite the growing resistance. As an example, PECO, a major utility in Pennsylvania, is slated to receive $200 Million in stimulus funding if they can deploy 600,000 ‘smart’ meters by April 2014. Significantly, anyone can choose to protect their in-home rights by saying no to the deployment of a ‘smart’ meter on their home.  There are no legal requirements in any country or region for an energy customer to accept a ‘smart’ meter.
  • So what can be done to protect rights?  While people cannot vote to prevent corporations from making products such as data-mining thermostats appliances, they do have a voice as utilities try their best to deploy the home-colonizing meters.  Public resistance to ‘smart’ meter deployments has predictably been considerable, as people are learning about not only surveillance capabilities, but also skyrocketing electricity costs, time-of-use billing, risk of fires, home hackability, electrical quality degradation and functional impairments from pulsed microwave radiation — amazingly, all being linked to the new utility metering system.
  • However, utilities are using tactics of intimidation, propaganda, and tacit acceptance – which means that unless you said a clear “no”, they assume a “yes.” In some cases even with a homeowner’s refusal, utilities are forcibly deploying anyway, apparently assuming the liability for doing so, risking litigation. So Google has played their hand with the $3.2 Billion purchase of Nest, desiring to capture the worldwide ‘smart’ home data-mining market, and praying to the all-spying-eye that people will stay tethered to their ‘smart’ wireless toys as their rights roll swiftly towards a cliff.  But will awareness eventually reach a game-changing crescendo?  It seems as though the potential exists. If we want to experience a future other than being ruled by technocrats, now is the time to speak up – even if facing the situation isn’t convenient.  People simply need to know the facts. As stated by former Apple executive Jeffrey Armstrong in our film Take Back Your Power, the question of whether homes will remain free of invasive ‘smart’ metering and appliance technology is “a test case for a technological democracy, if I have ever seen one.” 
Paul Merrell

Bush calls for broader government surveillance | TheHill - 0 views

thehill.com/...roader-government-surveillance

Auction 2016 surveillance state Jeb

shared by Paul Merrell on 20 Aug 15 - No Cached
  • Republican presidential candidate Jeb Bush on Wednesday said he favors broader government surveillance of Americans, calling for private tech firms to cooperate better with federal agencies to “make sure that evildoers aren’t in our midst.”  "There's a place to find common ground between personal civil liberties and [the National Security Agency] doing its job," the former Florida governor said. "I think the balance has actually gone the wrong way." ADVERTISEMENTAt a national security forum in South Carolina on Tuesday, the presidential hopeful addressed the ongoing battle between Silicon Valley and the Obama administration over whether law enforcement officials should have guaranteed access to encrypted customer data at major tech firms. Bush said encryption “makes it harder for the American government to do its job” and called for “a new arrangement with Silicon Valley” to address what he termed as a “dangerous situation.”
Paul Merrell

Asia Times Online :: Our man in Quito - 0 views

www.atimes.com/...WOR-02-240613.html

surveillance state NSA Snowden China Russia Cuba Ecuador Obama propaganda

shared by Paul Merrell on 24 Jun 13 - No Cached
  • HONG KONG - So it's going to be Our Man in Quito. The narrative may not be as elegant as Graham Greene's, but the plot certainly beats the Bourne trilogy - because it's happening live, in real time, right in front of our eyes. It takes a former CIA asset to beat US "intelligence" - more like intel deprivation. The story of Edward Snowden's escape from Hong Kong is textbook. This correspondent, at dim sum on Sunday, was alerted by a source; "Get ready for something big; he's leaving soon." That was about 12:30 pm Hong Kong time. In fact Snowden had already flown from Chek Lap Kok on SU 213 <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> bound for Moscow at 11:00 am. But nobody knew it yet. Hong Kong was still digesting the front page of the South China Morning Post displaying yet more devastating evidence of US cyber-spying of China.
  • Asia Times Online had also learned from another source close to Snowden's tight circle that a short stint in Hong Kong was always part of Plan A; he never intended to ask for political asylum in either Hong Kong or China. He was already focused on a "third country". What he did was to use Hong Kong as an ideal platform to unveil the inner workings of the Orwellian/Panopticon US surveillance state. First a set of general revelations to The Guardian. Then he went underground to prepare his escape - as he knew Washington would come after him with all guns (drones?) blazing. And then, a final set of revelations to the South China Morning Post closely focused on Asia and China. When Washington woke up to it, he was already out of the building. Jason Bourne, eat your heart out. Snowden was not "allowed to slip away". It all revolved around a meticulously timed operation involving Snowden, the Hong Kong government and WikiLeaks mediation.
  • So the US government thought it could simply intimate to Hong Kong to do it "our way or the highway" - while at the same time news of US serial hacking of Hong Kong and China was front-page news. Once again, five hours into Snowden's flight to Moscow, US corporate media was still parroting the official narrative - stressed by Obama's National Security Adviser Tom Donilon - that the noose was tightening around his neck. Whether Beijing had a subtly indirect input on the Hong Kong government's decision is open to a South China Sea of speculation. The fact is, not only was this a perfect solution for Hong Kong - which would be facing relentless pressure from the US government to extradite him - but also for Beijing, which maintains its upper-hand, furiously demanding a lot of explanations about the NSA targeting Chinese phone companies, the Asia-Pacific fiber-optic network and even Beijing's Tsinghua University.
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  • The predictable fury across Capitol Hill, with plenty of "hostile nations" rhetoric coupled with the inevitable demonizing of Russian President Vladimir Putin, not to mention NSA spy chief General Keith Alexander, among the usual platitudes about "defending this nation from a terrorist attack", depicting Snowden as an " individual who is not acting, in my opinion, with noble intent" - this all reads like lazily written lines in a cheap spy thriller. For the Empire, getting a bloody eye is not taken lightly. Washington is left with wishful thinking that Moscow might detain Snowden. Rubbish. Foreign Minister Sergey Lavrov had even advanced that Russia would consider granting political asylum if Snowden asked for it. And what about this priceless quote from Dmitry Peskov, Putin's spokesman? "I know nothing." Xinhua, for its part, predictably had a field day with it; "Washington should come clean about its record first. The United States, which has long been trying to play innocent as a victim of cyber attacks, has turned out to be the biggest villain in our age."
  • Among all the excitement provoked by this thriller, one should not lose focus; the most crucial aspect of the story is Obama and spy supremo Keith Alexander swearing that the Orwellian privatized intelligence-corporate-industrial complex is essential to prevent terrorism. It is not. This is a monumental lie - and Obama is complicit. Former ambassador Joe Wilson and his wife Valerie Plame Wilson - outed by Dick Cheney's gang - certainly don't lose their focus in this timely piece. Now to Quito. Danger still looms. But once he's there, it's game, set, match - as I said in this interview. And then HBO should start casting the movie, fast. With Ryan Gosling in the lead. Snowden, of course, should write the screenplay.
  • Paul Merrell on 24 Jun 13
     
    Pepe Escobar foresees a movie about what Edward Snowden has done to rival the Jason Bourne thrillers. And provides the international political context behind Snowden's escape from pursuing Feds out to punish him for blowing the whistle on their creation of an Orwellian surveillance state. The entire article is recommended reading; Pepe has an unusual talent for coming up with the information other reporters miss and telling the story in a fascinating way.    
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