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Gary Edwards

Whistleblowers & NSA - Shows - Coast to Coast AM - 0 views

www.coasttocoastam.com/...27

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

shared by Gary Edwards on 02 Aug 13 - No Cached
  • Gary Edwards on 02 Aug 13
     
    Interview Date: 07-27-13 :: 3 hours on mp3 Host: John B. Wells Guests: William E. Binney This amazing interview covers 3 hours with William Edward Binney; the former highly placed intelligence official with the United States National Security Agency (NSA) turned whistleblower who resigned on October 31, 2001, after more than 30 years with the agency. He joined John B. Wells to discuss living his life as a whistleblower, the NSA scandal and related topics. "The NSA was chartered to do foreign intelligence only, not domestic intelligence," he said. Prior to the Bush Administration, if the NSA happened to randomly intercept a U.S. citizen's communications, the database was purged of the collection and records erased, Binney revealed. After 9/11 and per a "secret interpretation" of the Patriot Act, the NSA decided it could build a register of every phone in the country, he explained, noting that they now keep records on who every U.S. Citizen calls, how often and for how long. A person has the right to free association with others only as long as the NSA knows about it, he admonished. According to Binney, there is substantial danger that data collected from phone and internet communications as well as financial records will be used to target particular Americans, a scenario recently played out when the IRS was caught harassing tea party members, he pointed out. Because the threat is real and the spy organization's reach well beyond its original charter, Binney said he has signed an affidavit for the Electronic Frontier Foundation's lawsuit challenging the NSA's constitutional authority to collect this kind of information. Another peril to U.S. citizens are FISA Courts (Foreign Intelligence Surveillance Court) which can order the transfer of domestic intelligence data but have no way of validating the intelligence being given to them, he continued. Binney called for the defunding of FISA Courts since they, like the NSA, are in violation of their original charter. He
Paul Merrell

Declassified Docs: NSA Misled Court (and Themselves) About Spying on Americans | Killer Apps - 1 views

killerapps.foreignpolicy.com/...lves_about_spying_on_americans

surveillance state NSA FBI FISA Court opinions privacy-violations

shared by Paul Merrell on 22 Aug 13 - No Cached
  • Paul Merrell on 22 Aug 13
     
    The infamous 2011 FISA Court opinion finding that NSA and the FBI were massively violating U.S. citizens' 4th Amendment rights is finally released in heavily redacted form. It is a shocker, repeatedly finding that the Feds had misrepresented facts to the Court. 
Paul Merrell

Secret Spy Court Demands Surveillance Transparency From Feds | Threat Level | Wired.com - 0 views

www.wired.com/...secret-spy-court

security state FISA Court disclosures

shared by Paul Merrell on 18 Sep 13 - No Cached
  • The secret spy court at the center of NSA whistleblower Edward Snowden’s leaks today ordered the government to begin declassifying its opinions involving the Patriot Act. The court, set up in 1978, said the move “would contribute to an informed public debate” (.pdf) by shedding light on interpretations of a surveillance law that requires the nation’s phone carriers to hand over to the NSA metadata associated with every call in the United States.
Paul Merrell

Documents: FBI Spyware Has Been Snaring Extortionists, Hackers for Years | Threat Level | Wired.com - 0 views

www.wired.com/...fbi-spyware-pro

FBI Tor NSA surveillance state anonymizers

shared by Paul Merrell on 05 Oct 13 - No Cached
  • A sophisticated FBI-produced spyware program has played a crucial behind-the-scenes role in federal investigations into extortion plots, terrorist threats and hacker attacks in cases stretching back at least seven years, newly declassified documents show. As first reported by Wired.com, the software, called a "computer and internet protocol address verifier," or CIPAV, is designed to infiltrate a target’s computer and gather a wide range of information, which it secretly sends to an FBI server in eastern Virginia. The FBI’s use of the spyware surfaced in 2007 when the bureau used it to track e-mailed bomb threats against a Washington state high school to a 15-year-old student. But the documents released Thursday under the Freedom of Information Act show the FBI has quietly obtained court authorization to deploy the CIPAV in a wide variety of cases, ranging from major hacker investigations, to someone posing as an FBI agent online. Shortly after its launch, the program became so popular with federal law enforcement that Justice Department lawyers in Washington warned that overuse of the novel technique could result in its electronic evidence being thrown out of court in some cases. "While the technique is of indisputable value in certain kinds of cases, we are seeing indications that it is being used needlessly by some agencies, unnecessarily raising difficult legal questions (and a risk of suppression) without any countervailing benefit," reads a formerly-classified March 7, 2002 memo from the Justice Department’s Computer Crime and Intellectual Property Section.
  • The documents, which are heavily redacted, do not detail the CIPAV’s capabilities, but an FBI affidavit in the 2007 case indicate it gathers and reports a computer’s IP address; MAC address; open ports; a list of running programs; the operating system type, version and serial number; preferred internet browser and version; the computer’s registered owner and registered company name; the current logged-in user name and the last-visited URL. After sending the information to the FBI, the CIPAV settles into a silent "pen register" mode, in which it lurks on the target computer and monitors its internet use, logging the IP address of every server to which the machine connects. The documents shed some light on how the FBI sneaks the CIPAV onto a target’s machine, hinting that the bureau may be using one or more web browser vulnerabilities. In several of the cases outlined, the FBI hosted the CIPAV on a website, and tricked the target into clicking on a link. That’s what happened in the Washington case, according to a formerly-secret planning document for the 2007 operation. "The CIPAV will be deployed via a Uniform Resource Locator (URL) address posted to the subject’s private chat room on MySpace.com."
  • The software’s primary utility appears to be in tracking down suspects that use proxy servers or anonymizing websites to cover their tracks.
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  • The documents appear to settle one of the questions the FBI declined to answer in 2007: whether the bureau obtains search warrants before using the CIPAV, or if it sometimes relies on weaker "pen register" orders that don’t require a showing of probable cause that a crime has been committed. In all the criminal cases described in the documents, the FBI sought search warrants. The records also indicate that the FBI obtained court orders from the Foreign Intelligence Surveillance court, which covers foreign espionage and terrorism investigations, but the details are redacted. The FBI released 152 heavily-redacted pages in response to Threat Level’s FOIA request, and withheld another 623.
  • Paul Merrell on 05 Oct 13
     
    The article summarizes many cases in which the CIPAV exploit was used by the FBI. But the article's closing observation that the released documents "whether the bureau obtains search warrants before using the CIPAV" stretches the evidence a bit too far, methinks. If they exist, the FBI very likely would not have produced records of incidents in which it used CIPAV without court authorization. 
Paul Merrell

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

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

surveillance state Obama transparency freedom-of-the-press

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

LINX Public Affairs » Advocate General says Data Retention Directive unlawful - 0 views

publicaffairs.linx.net/news

surveillance state EU GCHQ data-retention ISPs

shared by Paul Merrell on 12 Dec 13 - No Cached
  • The EU Data Retention Directive is incompatible with the Charter of Fundamental Rights of the European Union, according to the Advocate General of the European Court. While the purpose of the Directive, to ensure that communications data can be made available to law enforcement, is accepted as legitimate, the Advocate General says the legislator failed to provide adequate protections against misuse, as required by the Charter.
  • States supporting data retention are not out of the woods yet. The Advocate General’s opinion that the full extent of measures concerning retention of communications data, and access to the material so retained must be legislated at the European level is reached through his understanding of Article 52(1) of the Charter, that any limitation on the rights guaranteed by the Charter, such as right to privacy, must be “provided for by law”. This is the same Advocate General that proposed the same reasoning in another important case on Internet law, and in that case the European Court did not follow his advice. In the seminal case of Internet filtering, SABAM v Scarlet Extended, the Advocate General argued that it should be decided on the basis that Court-ordered filtering by ISPs of copyright-infringing peer-to-peer traffic was “not provided for by law” until there is specific legislation to support it. The European Court chose not to follow the Advocate General’s narrow reasoning, and decided the case instead on the substantively more fundamental question of whether making ISPs filter traffic infringes human rights, ruling in favour of ISPs and users and against the copyright holders and States. It remains possible that in this case on data retention the Court will also choose to focus more specifically on the underlying questions raised by the Austrian Supreme Court.
  • Paul Merrell on 12 Dec 13
     
    Optimistic news on the ISP data-retention law front. If the data retention directive is found unlawful in the E.U., the ability of law enforcement and the spy agencies to access retained data is limited to what is retained voluntarily by ISPs. 
Paul Merrell

Emails Show Feds Asking Florida Cops to Deceive Judges | Threat Level | WIRED - 0 views

www.wired.com/...-deceive-courts-about-stingray

surveillance state stingrays parallel-construction location-data litigation

shared by Paul Merrell on 25 Jun 14 - No Cached
  • Police in Florida have, at the request of the U.S. Marshals Service, been deliberately deceiving judges and defendants about their use of a controversial surveillance tool to track suspects, according to newly obtained emails. At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect’s location from a “confidential source” rather than disclosing that the information was gleaned using a stingray. A series of five emails (.pdf) written in April, 2009, were obtained today by the American Civil Liberties Union showing police officials discussing the deception. The organization has filed Freedom of Information Act requests with police departments throughout Florida seeking information about their use of stingrays.
  • The initial email, which bears the subject line “Trap and Trace Confidentiality,” was sent by Sarasota police Sgt. Kenneth Castro to colleagues at the North Port (Florida) Police Department. It was sent after Assistant State Attorney Craig Schaefer contacted police to express concern about an application for a probable cause warrant filed by a North Port police detective. The application “specifically outlined” for the court the investigative means used to locate the suspect. Castro informs his colleague that the application should be revised to conceal the use of the surveillance equipment. “In the past,” Castro writes, “and at the request of the U.S. Marshalls (sic), the investigative means utilized to locate the suspect have not been revealed so that we may continue to utilize this technology without the knowledge of the criminal element. In reports or depositions we simply refer to the assistance as ‘received information from a confidential source regarding the location of the suspect.’ To date this has not been challenged, since it is not an integral part of the actual crime that occurred.”
  • He then requests that “If this is in fact one of your cases, could you please entertain either having the Detective submit a new PCA and seal the old one, or at minimum instruct the detectives for future cases, regarding the fact that it is unnecessary to provide investigative means to anyone outside of law enforcement, especially in a public document.” Capt. Robert Estrada, at the North Port Police Department, later confirmed in an email, “[W]e have changed the PCA within the agency after consulting with the [State Attorney's Office]. The PCA that was already within the court system according to the SAO will have to remain since it has already been submitted. At some point and time the SAO will submit the changed document as an addendum. We have implemented within our detective bureau to not use this investigative tool on our documents in the future.”
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  • The release of the emails showing interference by a state attorney and the U.S. Marshals Service comes two weeks after agents from the Marshals Service took the extraordinary measure of seizing other public documents related to stingrays from the Sarasota Police Department in order to prevent the ACLU from examining them. The documents, which were responsive to a FOIA request seeking information about Sarasota’s use of the devices, had been set aside for ACLU attorneys to examine in person. But hours before they arrived for the appointment to view the documents, someone from the Marshals Service swooped in to seize the documents and cart them to another location. ACLU staff attorney Nathan Freed Wessler called the move “truly extraordinary and beyond the worst transparency violations” the group has seen regarding documents detailing police use of the technology.
  • Paul Merrell on 25 Jun 14
     
    Unfortunately for the cops, stingrays also provide location information. See http://www.wired.com/2014/03/harris-stingray-nda/ That brings them directly within the scope of a ruling a few days ago by the Eleventh U.S. Circuit Court of Appeals (territory includer Florida) that law enforcement must obtain a warrant based on probable cause to believe that a crime has occurred in order to use a device that provides location data. http://www.ca11.usCourts.gov/opinions/ops/201212928.pdf
Paul Merrell

NSA Whistleblower: Snowden Never Had Access to the "Juiciest" Intelligence Documents | Global Research - 0 views

www.globalresearch.ca/...5386231

surveillance state NSA Snowden-documents NSA-domestic-surveillance Tice must-read

shared by Paul Merrell on 11 Jun 14 - No Cached
  • NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:
  • He says the NSA started spying on President Obama when he was a candidate for Senate:
  • Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.
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  • NSA Has Hidden Its Most Radical Surveillance Operations … Even from People Like Snowden Who Had General “Code Word” Clearance WASHINGTON’S BLOG: Glenn Greenwald – supposedly, in the next couple of days or weeks – is going to disclose, based on NSA documents leaked by Snowden, that the NSA is spying on all sorts of normal Americans … and that the spying is really to crush dissent.  [Background here, here and here.] Does Snowden even have documents which contain the information which you’ve seen? RUSSELL TICE:  The answer is no. WASHINGTON’S BLOG: So you saw handwritten notes. And what Snowden was seeing were electronic files …?
  • RUSSELL TICE: Think of it this way.  Remember I told you about the NSA doing everything they could to make sure that the information from 40 years ago – from spying on Frank Church and Lord knows how many other Congressman that they were spying on – was hidden? Now do you think they’re going to put that information into Powerpoint slides that are easy to explain to everybody what they’re doing? They would not even put their own NSA designators on the reports [so that no one would know that] it came from the NSA.  They made the reports look like they were Humint (human intelligence) reports.  They did it to hide the fact that they were NSA and they were doing the collection. That’s 40 years ago.  [The NSA and other agencies are still doing "parallel construction", "laundering" information to hide the fact that the information is actually from mass NSA surveillance.] Now, what NSA is doing right now is that they’re taking the information and they’re putting it in a much higher security level.  It’s called “ECI” - Exceptionally Controlled Information  – and it’s called the black program … which I was a specialist in, by the way. I specialized in black world – DOD and IC (Intelligence Community) – programs, operations and missions … in “VRKs”, “ECIs”, and “SAPs”, “STOs”. SAP equals Special Access Program. It’s highly unlikely Mr. Snowden had any access to these. STO equals Special Technical Operations  It’s highly unlikely Mr. Snowden had any access to these.
  • Now in that world – the ECI/VRK world – everything in that system is classified at a higher level and it has its own computer systems that house it.  It’s totally separate than the system which Mr. Snowden was privy to, which was called the “JWICS”: Joint Worldwide Intelligence Communications System.  The JWICS system is what everybody at NSA has access to.  Mr Snowden had Sys Admin [systems administrator] authority for the JWICS. And you still have to have TS/SCI clearance [i.e. Top Secret/ Sensitive Compartmented Information - also known as “code word” - clearance] to get on the JWICS. But the ECI/VRK systems are much higher [levels of special compartmentalized clearance] than the JWICS. And you have to be in the black world to get that [clearance]. ECI = Exceptionally Controlled Information. I do not believe Mr. Snowden had any access to these ECI controlled networks). VRK = Very Restricted Knowledge. I do not believe Mr. Snowden had any access to these VRK controlled networks. These programs typically have, at the least, a requirement of 100 year or until death, ’till the person first being “read in” [i.e. sworn to secrecy as part of access to the higher classification program] can talk about them.  [As an interesting sidenote, the Washington Times reported in 2006 that – when Tice offered to testify to Congress about this illegal spying – he was informed by the NSA that the Senate and House intelligence committees were not cleared to hear such information.]
  • It’s very compartmentalized and – even with stuff that they had – you might have something at NSA, that there’s literally 40 people at NSA that know that it’s going on in the entire agency. When the stuff came out in the New York Times [the first big spying story, which broke in 2005] – and I was a source of information for the New York Times –   that’s when President Bush made up that nonsense about the “terrorist surveillance program.” By the way, that never existed. That was made up. There was no such thing beforehand. It was made up … to try to placate the American people. The NSA IG (Inspector General) – who was not cleared for this – all of a sudden is told he has to do an investigation on this; something he has no information or knowledge of. So what they did, is they took a few documents and they downgraded [he classification level of the documents] – just a few – and gave them to them to placate this basic whitewash investigation.
  • Snowden’s Failure To Understand the Most Important Documents RUSSELL TICE: Now, if Mr. Snowden were to find the crossover, it would be those documents that were downgraded to the NSA’s IG. The stuff that I saw looked like a bunch of alphanumeric gobbledygook.  Unless you have an analyst to know what to look for – and believe me, I think that what Snowden’s done is great – he’s not an intelligence analyst.  So he would see something like that, and he wouldn’t know what he’s looking at. But that would be “the jewels”. And the key is, you wouldn’t know it’s the jewels unless you were a diamond miner and you knew what to look for. Because otherwise, there’s a big lump of rock and you don’t know there’s a diamond in there. I worked special programs. And the way I found out is that I was working on a special operation, and I needed information from NSA … from another unit. And when I went to that unit and I said “I need this information”, and I dealt with [satellite spy operations], and I did that in the black world. I was a special operations officer. I would literally go do special missions that were in the black world where I would travel overseas and do spooky stuff.
  • Cheney Was Running the Show WASHINGTON’S BLOG: You said in one of your interviews that Dick Cheney ordered the intercepts that you found in the burn bags [the bags of documents which were slated to be destroyed because they were so sensitive]. Is that right … and if so, how do you know that? RUSSELL TICE: I did not know one way or the other until I talked to a very senior person at NSA who – much later – wanted to have a meeting with me. And we had a covert, clandestine style meeting. And that’s when this individual told me that the whole thing was being directed and was coming from the vice president’s office … Cheney, through his lawyer David Addington. WASHINGTON’S BLOG:  It sounds like it wasn’t going through normal routes?  It’s not like Cheney or Addington made formal requests to the NSA … through normal means? RUSSELL TICE: No, not normal at all. All on the sly … all “sneaky pete” under the table, in the evening when most NSA employees are gone for the day. This is all being done in the evenings … between like 7 [at night] and midnight.
  • NSA Is Spying On CONTENT as Well as Metadata WASHINGTON’S BLOG: And from what you and others have said, it’s content as well as metadata? RUSSELL TICE: Of course it is. Of course. [Background. But see this.] NSA Spying On Journalists, Congress, Admirals, Lawyers … RUSSELL TICE: In 2009, I told [reporters] that they were going after journalists and news organizations and reporters and such. I never read text of Congressman’s conversations. What I had was information – sometimes hand-written – of phone numbers of Congressmen, their wives, their children, their staffers, their home numbers, their cellphone numbers, their phone numbers of their residence back in Oregon or whatever state they’re from, and their little offices back in their state. Or an Admiral and his wife, and his kids and his staffers …
  • The main thing I saw more than anything else were lawyers and law firms. I saw more lawyers or law firms being wiretapped than anything else. These are the phone numbers I saw written. And then I would see those numbers incorporated into those lists with the columns of information about the phone number, and the serial number and the banks of recorders and digital converters and the data storage devices. I could see handwritten phone numbers and notes, sometimes with names, sometimes not.
  • Paul Merrell on 11 Jun 14
     
    Whistleblower Russell Tice says that there are super-classified domestic surveillance records that Edward Snowden, Congressional oversight committees, and the NSA Inspector-General did not have access to. Must-read.
Paul Merrell

The Agency That Could Be Big Brother - New York Times - 0 views

www.nytimes.com/...25bamford.html

surveillance state NSA digital-privacy Bamford 2005

shared by Paul Merrell on 15 Jun 14 - No Cached
  • December 25, 2005
  • DEEP in a remote, fog-layered hollow near Sugar Grove, W.Va., hidden by fortress-like mountains, sits the country's largest eavesdropping bug. Located in a "radio quiet" zone, the station's large parabolic dishes secretly and silently sweep in millions of private telephone calls and e-mail messages an hour. Run by the ultrasecret National Security Agency, the listening post intercepts all international communications entering the eastern United States. Another N.S.A. listening post, in Yakima,Wash., eavesdrops on the western half of the country. A hundred miles or so north of Sugar Grove, in Washington, the N.S.A. has suddenly taken center stage in a political firestorm. The controversy over whether the president broke the law when he secretly ordered the N.S.A. to bypass a special court and conduct warrantless eavesdropping on American citizens has even provoked some Democrats to call for his impeachment. According to John E. McLaughlin, who as the deputy director of the Central Intelligence Agency in the fall of 2001 was among the first briefed on the program, this eavesdropping was the most secret operation in the entire intelligence network, complete with its own code word - which itself is secret.
  • But the agency is still struggling to adjust to the war on terror, in which its job is not to monitor states, but individuals or small cells hidden all over the world. To accomplish this, the N.S.A. has developed ever more sophisticated technology that mines vast amounts of data. But this technology may be of limited use abroad. And at home, it increases pressure on the agency to bypass civil liberties and skirt formal legal channels of criminal investigation. Originally created to spy on foreign adversaries, the N.S.A. was never supposed to be turned inward. Thirty years ago, Senator Frank Church, the Idaho Democrat who was then chairman of the select committee on intelligence, investigated the agency and came away stunned. "That capability at any time could be turned around on the American people," he said in 1975, "and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter. There would be no place to hide." He added that if a dictator ever took over, the N.S.A. "could enable it to impose total tyranny, and there would be no way to fight back."
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  • Before the Sept. 11 attacks, the N.S.A. normally eavesdropped on a small number of American citizens or resident aliens, often a dozen or less, while the F.B.I., whose low-tech wiretapping was far less intrusive, requested most of the warrants from FISA. Despite the low odds of having a request turned down, President Bush established a secret program in which the N.S.A. would bypass the FISA court and begin eavesdropping without warrant on Americans. This decision seems to have been based on a new concept of monitoring by the agency, a way, according to the administration, to effectively handle all the data and new information. At the time, the buzzword in national security circles was data mining: digging deep into piles of information to come up with some pattern or clue to what might happen next. Rather than monitoring a dozen or so people for months at a time, as had been the practice, the decision was made to begin secretly eavesdropping on hundreds, perhaps thousands, of people for just a few days or a week at a time in order to determine who posed potential threats. Those deemed innocent would quickly be eliminated from the watch list, while those thought suspicious would be submitted to the FISA court for a warrant. In essence, N.S.A. seemed to be on a classic fishing expedition, precisely the type of abuse the FISA court was put in place to stop.At a news conference, President Bush himself seemed to acknowledge this new tactic. "FISA is for long-term monitoring," he said. "There's a difference between detecting so we can prevent, and monitoring.
  • In 2002, it was revealed that the Pentagon had launched Total Information Awareness, a data mining program led by John Poindexter, a retired rear admiral who had served as national security adviser under Ronald Reagan and helped devise the plan to sell arms to Iran and illegally divert the proceeds to rebels in Nicaragua. Total Information Awareness, known as T.I.A., was intended to search through vast data bases, promising to "increase the information coverage by an order-of-magnitude." According to a 2002 article in The New York Times, the program "would permit intelligence analysts and law enforcement officials to mount a vast dragnet through electronic transaction data ranging from credit card information to veterinary records, in the United States and internationally, to hunt for terrorists." After press reports, the Pentagon shut it down, and Mr. Poindexter eventually left the government. But according to a 2004 General Accounting Office report, the Bush administration and the Pentagon continued to rely heavily on data-mining techniques. "Our survey of 128 federal departments and agencies on their use of data mining," the report said, "shows that 52 agencies are using or are planning to use data mining. These departments and agencies reported 199 data-mining efforts, of which 68 are planned and 131 are operational." Of these uses, the report continued, "the Department of Defense reported the largest number of efforts."
  • "I don't want to see this country ever go across the bridge," Senator Church said. "I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return." James Bamford is the author of "Puzzle Palace" and"Body of Secrets: Anatomy of the Ultra-Secret National Security Agency."
  • Paul Merrell on 15 Jun 14
     
    James Bamford's 2005 article in The New York Times that raised public awareness of what the Bush-II administration had done by bypass the FISA Court. 
Paul Merrell

Court gave NSA broad leeway in surveillance, documents show - The Washington Post - 0 views

www.washingtonpost.com/...3-8176-f2c941cf35f1_story.html

surveillance-state foreign-intelligence NSA-targets NSA-backdoors

shared by Paul Merrell on 01 Jul 14 - No Cached
  • Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.
  • The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.
  • On Friday, the Office of the Director of National Intelligence released a transparency report stating that in 2013 the government targeted nearly 90,000 foreign individuals or organizations for foreign surveillance under the program. Some tech-industry lawyers say the number is relatively low, considering that several billion people use U.S. e-mail services.
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  • That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules
  • Still, some lawmakers are concerned that the potential for intrusions on Americans’ privacy has grown under the 2008 law because the government is intercepting not just communications of its targets but communications about its targets as well. The expansiveness of the foreign-powers certification increases that concern.
  • In a 2011 FISA court opinion, a judge using an NSA-provided sample estimated that the agency could be collecting as many as 46,000 wholly domestic e-mails a year that mentioned a particular target’s e-mail address or phone number, in what is referred to as “about” collection. “When Congress passed Section 702 back in 2008, most members of Congress had no idea that the government was collecting Americans’ communications simply because they contained a particular individual’s contact information,” Sen. Ron Wyden (D-Ore.), who has co-sponsored ­legislation to narrow “about” collection authority, said in an e-mail to The Washington Post. “If ‘about the target’ collection were limited to genuine national security threats, there would be very little privacy impact. In fact, this collection is much broader than that, and it is scooping up huge amounts of Americans’ wholly domestic communications.”
  • The only reason the court has oversight of the NSA program is that Congress in 2008 gave the government a new authority to gather intelligence from U.S. companies that own the Internet cables running through the United States, former officials noted. Edgar, the former privacy officer at the Office of the Director of National Intelligence, said ultimately he believes the authority should be narrowed. “There are valid privacy concerns with leaving these collection decisions entirely in the executive branch,” he said. “There shouldn’t be broad collection, using this authority, of foreign government information without any meaningful judicial role that defines the limits of what can be collected.”
Paul Merrell

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

www.theguardian.com/...e-year-nsa-surveillance-reform

surveillance-state NSA-reform legislation

shared by Paul Merrell on 07 Jun 14 - No Cached
  • 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.
  • Paul Merrell on 07 Jun 14
     
    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

Speech Recognition is NSA's Best-Kept Open Secret - The Intercept - 0 views

firstlook.org/...cognition-nsa-best-kept-secret

surveillance state NSA voice-to-text

shared by Paul Merrell on 13 May 15 - No Cached
  • Siri can understand what you say. Google can take dictation. Even your new smart TV is taking verbal orders. So is there any doubt the National Security Agency has the ability to translate spoken words into text? But precisely when the NSA does it, with which calls, and how often, is a well-guarded secret. It’s not surprising that the NSA isn’t talking about it. But oddly enough, neither is anyone else: Over the years, there’s been almost no public discussion of the NSA’s use of automated speech recognition.
  • Siri can understand what you say. Google can take dictation. Even your new smart TV is taking verbal orders. So is there any doubt the National Security Agency has the ability to translate spoken words into text? But precisely when the NSA does it, with which calls, and how often, is a well-guarded secret. It’s not surprising that the NSA isn’t talking about it. But oddly enough, neither is anyone else: Over the years, there’s been almost no public discussion of the NSA’s use of automated speech recognition. One minor exception was in 1999, when a young Australian cryptographer named Julian Assange stumbled across an NSA patent that mentioned “machine transcribed speech.”
  • One minor exception was in 1999, when a young Australian cryptographer named Julian Assange stumbled across an NSA patent that mentioned “machine transcribed speech.” Assange, who went on to found WikiLeaks, said at the time: “This patent should worry people. Everyone’s overseas phone calls are or may soon be tapped, transcribed and archived in the bowels of an unaccountable foreign spy agency.” The most comprehensive post-Snowden descriptions of NSA’s surveillance programs are strangely silent when it comes to speech recognition. The report from the President’s Review Group on Intelligence and Communications Technologies doesn’t mention it, and neither does the October 2011 FISA Court ruling, or the detailed reports from the Privacy and Civil Liberties Oversight Board.
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  • There is some mention of speech recognition in the “Black Budget” submitted to Congress each year. But there’s no clear sign that anybody on the Hill has ever really noticed. As The Intercept reported on Tuesday, items from the Snowden archive document the widespread use of automated speech recognition by the NSA. The strategic advantage, invasive potential and policy implications of being able to turn spoken words into text are not trivial: Suddenly, voice conversations, historically considered ephemeral and unsearchable, can be scanned, catalogued and archived — not perfectly, but well enough to dramatically increase the effective scope of eavesdropping. Former senior NSA executive turned whistleblower Thomas Drake, who’s seen NSA’s automated speech recognition at work, says the silence is telling.
  • “You’re seeing a black hole,” Drake told The Intercept. “That means there’s something there that’s really significant. You’re seeing some of the fuzzy contours of this whole other program.”
  • Senator Ron Wyden, D-Ore., arguably the foremost congressional critic of NSA overreach, wouldn’t comment directly on the question of speech recognition. But, he said through a spokesperson: “After 14 years on the Intelligence Committee, I’ve learned that senators must be constantly on the lookout for secret interpretations of the law and advances in surveillance that Congress isn’t aware of.” He added: “For centuries, individual privacy was protected in part by the limited resources of governments. It simply wasn’t possible for governments to secretly collect information on every single citizen without investing in massive networks of spies and informants. But in the 21st century mass surveillance is no longer difficult and expensive — it’s increasingly cheap and easy. The only privacy protections that will matter in the future are the ones that are written into law and defended by public demand for freedom and openness.”
  • Paul Merrell on 13 May 15
     
    A "black hole" at the NSA? Voice-to-text is indeed an ultra-powerful intelligence tool, but only if you are gathering verbal conversations. As content, verbal conversations should be off-limits without a court order. But is NSA honoring that limitation? And is the FISA court enforcing it?
Paul Merrell

The Strange Case of the Forgotten Gitmo Detainee - Raymond Bonner - POLITICO Magazine - 0 views

www.politico.com/...t-court-guantanamo-117833.html

war & peace GITMO CIA Zubaydah habeas litigation delay

shared by Paul Merrell on 14 May 15 - No Cached
  • ince being seized in a raid in Pakistan in 2002, Abu Zubaydah has had his life controlled by American officials, first at secret sites where he was tortured, and since 2006 in a small cell in Guantanamo Bay, Cuba. And, thanks to one of the strangest—and perhaps most troubling—legal cases to grow out of the War on Terror, it appears he’s not going to be leaving anytime soon, which was exactly what the CIA always intended. Today, not even his lawyers understand what’s transpired behind closed doors in a Washington, D.C., courtroom. In June 2008, the Supreme court ruled that detainees at Guantanamo had the right to challenge their imprisonment in federal court and that their cases should be handled “promptly” by the judicial system. The next month, lawyers for Abu Zubaydah, a detainee whose torture and waterboarding in secret prisons was among the most notorious of the Bush years, filed a lawsuit in federal court challenging his detention. The progress of that case has been anything but prompt. While more than 100 Guantanamo detainees have been released since then, and the military tribunals of even more high-profile detainees like 9/11 mastermind Khalid Sheikh Mohammed are moving forward in Guantanamo’s courtrooms, the federal judge hearing Zubaydah’s case has failed to rule on even the preliminary motions.
  • The seemingly intentional inaction has left even experienced court observers baffled. Richard W. Roberts, the U.S. District court judge handling the suit, is not a particularly slow-moving jurist. His median time for resolving entire cases is slightly over two years; Zubaydah’s case has already been pending 6 years 9 months and 13 days. Because almost the entire file has been kept secret, it’s not possible to know why Roberts, who is the chief judge of the D.C. circuit, has let Zubaydah’s case languish. But this much is clear: Keeping Zubaydah from telling his story is exactly what the CIA wanted from the moment it began to torture him. And it’s exactly what they promised they’d do in 2002 during one of the darkest chapters of the War on Terror. Abu Zubaydah was one of the first al Qaeda suspects to face the harsh new regime implemented by the CIA following 9/11—a regime that FBI agents at the scene tried to prevent.
  • Soon after the agency’s contractors began their program of “enhanced interrogation” at the secret black site in Thailand—placing him in a coffin-size box, slamming him against wall, depriving him of sleep, bombarding him with loud music, as well as waterboarding—they sent an encrypted cable to Washington. The CIA interrogators said that if Zubaydah died during questioning, his body would be cremated. And if he survived the ordeal, the interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life.” Senior officials gave the assurances. Zubaydah, a Saudi citizen, “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released,” the head of the CIA’s ALEC Station, the code name of the Washington-based unit hunting Osama bin Laden, replied. “All major players are in concurrence,” the cable said, that he “should remain incommunicado for the remainder of his life.”
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  • The decision to hold Zubaydah “incommunicado” was disclosed by the Senate report on torture, which was released last December. But the judicial inaction on his case has received virtually no public attention. In all, Roberts has failed to rule on 16 motions, 13 of which have been filed by Zubaydah’s lawyers. Several of those allege misconduct by the government.
  • Paul Merrell on 14 May 15
     
    There's an old saying in the Anglo legal tradition, "justice delayed is justice denied." To delay a habeas corpus proceeding is the antithesis of what that writ is all about; promptly freeing those unlawfully held. 
Paul Merrell

US court blocks NYPD stop-and-frisk ruling and removes judge from case | World news | theguardian.com - 0 views

www.theguardian.com/...d-stop-and-frisk-appeals-court

surveillance state NYPD courts civil liberties

shared by Paul Merrell on 01 Nov 13 - No Cached
  • A federal appeals court has blocked a judge's ruling that demanded changes to the New York police department's controversial stop-and-frisk policy and ordered she be removed from the case.In a victory for the outgoing mayor of New York, Michael Bloomberg, the court said Shira Scheindlin's ruling, in which she declared the practice to be unconstitutional, would be stayed pending the outcome of an appeal by the city.Scheindlin had ruled that the city violated the constitution in the way it carried out its program of stopping and questioning people. She appointed an outside monitor to oversee major changes to the NYPD, and ordered reform to police training and supervision.Those changes will now be delayed pending the outcome of the city's appeal, and Scheindlin will no longer be involved in the case following a ruling that Jonathan Moore, a lead attorney in the federal lawsuit challenging the department's stop-and-frisk practices, said was "unprecedented"."Basically, this court is saying to the citizens of New York, who have followed this case and who were very uplifted by the fact that a federal judge stood up to protect the rights of all citizens of the city of New York … this is the panel of the second circuit saying: 'Drop dead, New York'," Moore said.
  • Paul Merrell on 01 Nov 13
     
    Wow! Stays of injunctions pending appeal are fairly common and it's not unheard of for district judges to be disqualified at the point the appeal is decided for public statements made after an appeal is launched. For example, in U.S. v. Microsoft. But I've never heard of a federal judge being removed from a case before the appeal is decided.  In a civil rights case injunction to protect civil rights, this is outrageous. 
Paul Merrell

Facebook Could Face Investigation In Ireland Over PRISM Data - 0 views

www.techweekeurope.co.uk/...ireland-over-prism-data-130250

surveillance state NSA Facebook Ireland litigation NSA-blowback

shared by Paul Merrell on 25 Oct 13 - No Cached
  • The Irish High Court has ordered a review of the decision by the Office of the Data Protection Commissioner (ODPC) not to investigate Facebook’s links To PRISM and the US National Security Agency (NSA), after it was contested by a group of law students from Austria. The group calling itself ‘Europe-v-Facebook’ had previously demanded a full investigation into the relationship between Internet companies and the US intelligence agency as it accuses Facebook of breaking the law in supplying NSA with personal information about its European users.
  • The Irish High Court has ordered a review of the decision by the Office of the Data Protection Commissioner (ODPC) not to investigate Facebook’s links To PRISM and the US National Security Agency (NSA), after it was contested by a group of law students from Austria. The group calling itself ‘Europe-v-Facebook’ had previously demanded a full investigation into the relationship between Internet companies and the US intelligence agency as it accuses Facebook of breaking the law in supplying NSA with personal information about its European users.
  • The Irish High Court has ordered a review of the decision by the Office of the Data Protection Commissioner (ODPC) not to investigate Facebook’s links To PRISM and the US National Security Agency (NSA), after it was contested by a group of law students from Austria. The group calling itself ‘Europe-v-Facebook’ had previously demanded a full investigation into the relationship between Internet companies and the US intelligence agency as it accuses Facebook of breaking the law in supplying NSA with personal information about its European users.
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  • According to the classified documents published by Snowden in June, the NSA collected data from services run by Apple, Google, Facebook and Microsoft. Facebook’s European headquarters are located in Ireland, where the corporate tax is among the lowest in the EU. However, the local privacy watchdog had refused to investigate the company’s links to PRISM, classifying the student complaint as “frivolous or vexatious”. This week, after a long campaign by Europe-v-Facebook funded by donations, the High Court has granted an application for judicial review of this decision. In other words, if ODPC still thinks it has no grounds for an investigation, it will have to defend this position in Court. “The DPC simply wanted to get this hot potato off his table instead of doing his job. But when it comes to the fundamental rights of millions of users and the biggest surveillance scandal in years, he will have to take responsibility and do something about it,” said the leader of the student group Max Schrems. Schrems also said that in the event the case does go to Court, he hopes for a ruling in the next six months.
  • Paul Merrell on 25 Oct 13
     
    Perhaps moving corporate HQ to a tax haven in the E.U. wasn't Mark Zuckerberg's brightest move. Digital privacy rights are much stronger there.
Paul Merrell

Ukraine's President Poroshenko Says Overthrow of Yanukovych Was a Coup | Global Research - Centre for Research on Globalization - 0 views

www.globalresearch.ca/...5457631

war & peace U.S.-foreign-policy Ukraine Poroshenko coup

shared by Paul Merrell on 23 Jun 15 - No Cached
  • Ukraine’s President Petro Poroshenko requests the supreme court of Ukraine to declare that his predecessor, Viktor Yanukovych, was overthrown by an illegal operation; in other words, that the post-Yanukovych government, including Poroshenko’s own Presidency, came into power from a coup, not from something democratic, not from any authentic constitutional process at all. In a remarkable document, which is not posted at the English version of the website of the Constitutional court of Ukraine, but which is widely reported outside the United States, including Russia, Poroshenko, in Ukrainian (not in English), has petitioned the Constitutional court of Ukraine (as it is being widely quoted in English): “I ask the court to acknowledge that the law ‘on the removal of the presidential title from Viktor Yanukovych’ as unconstitutional.”
  • If the Court grants Poroshenko’s petition, then the appointment of Arseniy Yatsenyuk by the U.S. State Department’s Victoria Nuland on 4 February 2014, which was confirmed by the Ukrainian parliament (or Rada) at the end of the coup on February 26th, and the other appointments which were made, including that of Oleksandr Turchynov to fill in for Yanukovych as caretaker President until one of the junta’s chosen candidates would be ‘elected’ on May 25th of 2014, which ‘election’ Poroshenko won — all of this was illegal. However, this illegality had already been known. It was already explained in detail on 28 February 2014, that, “Yanukovych’s removal was unconstitutional.” That’s for lawyers; but, now, finally, Ukraine’s Constitutional Court is faced with the shocking predicament of Ukraine’s own President, who won his post as a result of this coup, requesting them to “acknowledge” that it was a coup, much as the founder of the “private CIA” firm Stratfor had even called it, “the most blatant coup in history.” (It was that because the authentic video and other evidence of its having been a Washington job was so massive.) Also in the news now is that Dmitriy Yarosh‘s Right Sector — the same group that Washington had hired for the coup and for the ethnic cleansing campaign in Ukraine’s former Donbass region — have announced that they will assemble in Kiev on July 3rd to overthrow Petroshenko unless he restarts right now the war against Donbass. The people whom Washington paid to oust Yanukovych are planning to do the same to Poroshenko. There is a struggle inside the Obama Administration about how far they can successfully go with their Ukrainian nazis not formally leading the country.
Gary Edwards

American Thinker: Obamacare - The Perfect Constitutional Storm - 0 views

www.americanthinker.com/...erfect_constitutional_sto.html

obamacare Obammunism constitution constitutional-challenge

shared by Gary Edwards on 06 Apr 10 - Cached
  • Gary Edwards on 06 Apr 10
     
    Much has been made of several states suing the federal government over the passage of ObamaCare. The argument is, essentially, that the new law violates the 10th Amendment and infringes on the "commerce clause" of the Constitution. In this article, I will argue that this approach by the states will probably fail (in and of itself) -- but that the suits brought by the states could play a role in a more comprehensive strategy to challenge the constitutionality of ObamaCare. Let's make one thing clear up front. The states are motivated to take legal action to stop the recently passed health care bill because of one primary factor: political pressure. Around 60% of the people in America are mad as hell about the passage of ObamaCare -- and any local or state elected official with a lick of sense knows it. There are some governors and state legislators who have figured out that ObamaCare may amount to the final nail in the coffins of their financially deceased states' treasuries. But few politicians worry about their states' debts; most agonize over being reelected. States have ceded power, with few complaints, to the federal government for highway funding, control of education, Medicare and Medicaid mandates, management of waterways, etc., etc., ad nauseam, for over fifty years. The states, acting alone in a constitutional challenge of the new health care legislation, will have some difficult hurdles to overcome: A) Article VI of the Constitution states in part: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. States can pass all the laws that they want "nullifying" ObamaCare. But they can't nullify the Constitution. Article VI is a huge obstruction for the states because, like it or not, ObamaCare is now the "law of the land." B) The "comme
Gary Edwards

The Power to Regulate Commerce Across State Lines Is Also the Power to Regulate Non-Commerce Within a State - Hit & Run : Reason Magazine - 0 views

reason.com/...the-power-to-regulate-commerce

commerce-clause obamacare health-insurance

shared by Gary Edwards on 06 Apr 10 - Cached
  • Gary Edwards on 06 Apr 10
     
    How does the Commerce Clause, which gives Congress the power to regulate interstate commerce, allow Congress to prohibit the decision to not purchase health insurance-something that involves no commercial transactions, much less commercial transactions across state lines, and which couldn't possibly involve interstate commerce anyway given that there's currently no way to buy insurance across state lines.  Today, Cato Chairman Robert Levy has a much clearer explanation of how the Supreme Court has ruled on Commerce Clause cases which involve neither commerce nor the crossing of state lines. In Wickard v. Filburn and Gonzales v. Raich, he explains, the gist of the Supreme Court's decisions was that "if the failure to regulate would undercut a federal regulatory regime, then [the Supreme Court is] going to permit it." But, he argues, the individual mandate is still uncharted territory; the federal government isn't merely telling individuals what they can't do, it's telling them what they must do, and what they must do is purchase a product from a private company. As I've noted frequently, the CBO has called the mandate "an unprecedented form of federal action," and Levy's analysis tracks with that assessment. I still don't think I'd put money on the Supreme Court actually striking down the mandate, but Levy's argument that they should is fairly convincing. 
Paul Merrell

Turkish court seeks military arrests of Israelis over ship killings | Reuters - 0 views

www.reuters.com/...y-israel-idUSBREA4P0AO20140526

war & peace Israel Palestine Turkey Mavi-Marmara piracy

shared by Paul Merrell on 29 May 14 - No Cached
  • (Reuters) - A Turkish court has issued arrest warrants on Monday for four former Israeli military commanders who are on trial in absentia over the 2010 killing of nine Turks on a Gaza-bound aid ship, Turkish media reports said. The move came after months of negotiations between Turkey and Israel to end a diplomatic crisis over the Israeli commando raid on the Mavi Marmara, a Turkish ship challenging Israel's naval blockade of Palestinian-run Gaza Strip in 2010.Eight Turks and a Turkish-American died during the operation and a Turkish man, Suleyman Ugur Soylemez, died in hospital on Friday night after four years in a coma since the raid.
  • The court ordered the arrest of former Chief of General Staff Gabi Ashkenazi, ex-Navy Commander Eliezer Marom, ex-Air Force Commander Amos Yadlin and ex-head of Air Force intelligence head Avishay Levi, the newspaper Hurriyet said on its website.Turkish prosecutors have already sought multiple life sentences for the now-retired Israeli officers over their involvement in the killings. Among the charges listed in the 144-page indictment are "inciting murder through cruelty or torture" and "inciting injury with firearms".Although the indictment was handed up in 2012, no arrest warrants were issued then. The court said on Monday it would seek the issue of Interpol 'red notices' for the arrest of the four former generals.
  • Paul Merrell on 29 May 14
     
    A Turkish court proceeds with criminal prosecution of high Israeli military commanders responsible for the Mavi-Marmara piracy in which nine humanitarian aid workers were murdered in international waters. One of the nine had dual U.S.-Turkish citizenship but the U.S. government has taken no legal action,     
Paul Merrell

Obama to Call for End to N.S.A.'s Bulk Data Collection - NYTimes.com - 0 views

www.nytimes.com/...eek-nsa-curb-on-call-data.html

surveillance state NSA call-metadata NSA-reform Obama legislation

shared by Paul Merrell on 26 Mar 14 - No Cached
  • The Obama administration is preparing to unveil a legislative proposal for a far-reaching overhaul of the National Security Agency’s once-secret bulk phone records program in a way that — if approved by Congress — would end the aspect that has most alarmed privacy advocates since its existence was leaked last year, according to senior administration officials.Under the proposal, they said, the N.S.A. would end its systematic collection of data about Americans’ calling habits. The bulk records would stay in the hands of phone companies, which would not be required to retain the data for any longer than they normally would. And the N.S.A. could obtain specific records only with permission from a judge, using a new kind of court order. In a speech in January, President Obama said he wanted to get the N.S.A. out of the business of collecting call records in bulk while preserving the program’s abilities. He acknowledged, however, that there was no easy way to do so, and had instructed Justice Department and intelligence officials to come up with a plan by March 28 — Friday — when the current court order authorizing the program expires.
  • As part of the proposal, the administration has decided to ask the Foreign Intelligence Surveillance Court to renew the program as it exists for at least one more 90-day cycle, senior administration officials said. But under the plan the administration has developed and now advocates, the officials said, it would later undergo major changes. The new type of surveillance Court orders envisioned by the administration would require phone companies to swiftly provide records in a technologically compatible data format, including making available, on a continuing basis, data about any new calls placed or received after the order is received, the officials said. They would also allow the government to swiftly seek related records for callers up to two phone calls, or “hops,” removed from the number that has come under suspicion, even if those callers are customers of other companies.
  • The N.S.A. now retains the phone data for five years. But the administration considered and rejected imposing a mandate on phone companies that they hold on to their customers’ calling records for a period longer than the 18 months that federal regulations already generally require — a burden that the companies had resisted shouldering and that was seen as a major obstacle to keeping the data in their hands. A senior administration official said that intelligence agencies had concluded that the operational impact of that change would be small because older data is less important.The N.S.A. uses the once-secret call records program — sometimes known as the 215 program, after Section 215 of the Patriot Act — to analyze links between callers in an effort to identify hidden terrorist associates, if they exist. It was part of the secret surveillance program that President George W. Bush unilaterally put in place after the terrorist attacks of Sept. 11, 2001, outside of any legal framework or court oversight.
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  • Marc Rotenberg, the executive director of the Electronic Privacy Information Center, called the administration’s proposal a “sensible outcome, given that the 215 program likely exceeded current legal authority and has not proved to be effective.” While he said that he would like to see more overhauls to other surveillance authorities, he said the proposal was “significant” and addressed the major concerns with the N.S.A.’s bulk records program. Jameel Jaffer of the American Civil Liberties Union said, “We have many questions about the details, but we agree with the administration that the N.S.A.’s bulk collection of call records should end.” He added, “As we’ve argued since the program was disclosed, the government can track suspected terrorists without placing millions of people under permanent surveillance.”
  • In recent days, attention in Congress has shifted to legislation developed by leaders of the House Intelligence Committee. That bill, according to people familiar with a draft proposal, would have the court issue an overarching order authorizing the program, but allow the N.S.A. to issue subpoenas for specific phone records without prior judicial approval.
  • The Obama administration proposal, by contrast, would retain a judicial role in determining whether the standard of suspicion was met for a particular phone number before the N.S.A. could obtain associated records.The administration’s proposal would also include a provision clarifying whether Section 215 of the Patriot Act, due to expire next year unless Congress reauthorizes it, may in the future be legitimately interpreted as allowing bulk data collection of telephone data.The proposal would not, however, affect other forms of bulk collection under the same provision. The C.I.A., for example, has obtained orders for bulk collection of records about international money transfers handled by companies like Western Union.
  • The government has been unable to point to any thwarted terrorist attacks that would have been carried out if the program had not existed, but has argued that it is a useful tool.
  • Paul Merrell on 26 Mar 14
     
    "The N.S.A. uses the once-secret call records program ... to analyze links between callers in an effort to identify hidden terrorist associates, if they exist." Correction: "The N.S.A. *claims* to use the ..." 
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