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Paul Merrell

Kiev Snipers Shooting From Bldg Controlled By Maidan Forces - Ex-Ukraine Security Chief - 0 views

  • Former chief of Ukraine’s Security Service has confirmed allegations that snipers who killed dozens of people during the violent unrest in Kiev operated from a building controlled by the opposition on Maidan square.
  • Shots that killed both civilians and police officers were fired from the Philharmonic Hall building in Ukraine’s capital, former head of the Security Service of Ukraine Aleksandr Yakimenko told Russia 1 channel. The building was under full control of the opposition and particularly the so-called Commandant of Maidan self-defense Andrey Parubiy who after the coup was appointed as the Secretary of the National Security and Defense Council of Ukraine, Yakimenko added.
  • “When the first wave of shootings ended, many have witnessed 20 people leaving the building,” former chief says, noting that they were well-equipped and were carrying military style bag for carrying sniper and assault rifles with optical sights. Not only the law enforcers, but people from the opposition’s Freedom, Right Sector, Fatherland, and Klitschko’s UDAR party have also seen this, Yakimenko claims. The former security head also said that according to the intelligence those snipers could be foreigners, including mercenaries from former Yugoslavia as well former Special Forces employees from Ukraine’s Defense Ministry. Yakimenko claims that Parubiy was part of a group that was heavily influenced by the people associated with the US secret services. “These were the forces that carried out everything that they were told by their leadership – the United States,” Yakimenko explained, claiming that Maidan leaders practically lived in the US embassy.
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  • Aleksandr Yakimenko’s account supports previously voiced concerns over unknown snipers shooting both protesters and the police indiscriminately – who were the topic of the recently leaked phone conversation between EU’s Catherine Ashton and Estonian Foreign Minister Urmas Paet. In a leaked phone conversation that took place February 26 Ashton and Paet discussed rumors that snipers were hired by some of the opposition leaders. “There is now stronger and stronger understanding that behind the snipers, it was not Yanukovich, but it was somebody from the new coalition,” Paet said during the conversation. “I think we do want to investigate. I mean, I didn’t pick that up, that’s interesting. Gosh,” Ashton answered. Almost 100 people were killed and another 900 injured during the violent standoff near Maidan Square in Kiev last month that forced president Yanukovich out of the country and installed a new government. Ukrainian self-proclaimed authorities maintain that the shooting was authorized by Yanukovich. On Wednesday Moscow suggested setting up a probe to investigate the crimes perpetrated by extremist and armed elements of the opposition over the past three months. The proposal to the Parliamentary Assembly of the Council of Europe (PACE) also seeks to examine the legitimacy of the post-coup Ukrainian government.
Paul Merrell

US criticised by UN for human rights failings on NSA, guns and drones | World news | theguardian.com - 0 views

  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
Gary Edwards

NSA After 9/11 - 0 views

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    "by David Barth, written 24 June 2009 This incredible compilation of facts truly is "Source Material", and is presented as such. The material comes from the following sources, and it will blow you away: ..... The Shadow Factory The Ultra-Secret NSA from 9/11 to the Eavesdropping on America by James Bamford, 2008 ..... The Puzzle Palace Inside the National Security Agency, America's Most Secret Intelligence Organization by James Bamford, 1983 .... Intelligence and the Communications Industry National Security Agency (NSA) Predecessors ..... Various issues of Wired magazine" Once I started reading this I couldn't stop. Incredible stuff, it reads like a disjointed timeline detailing the convergence of technology, government agencies, co-opted companies and, both the terrorist and false flag operations that escalated budgets, changes in the law and political authorizations needed to create the current NSA worldwide police state. Buckle up patriots. We are in for one very wild ride. Thanks Marbux!
Paul Merrell

Court: Ability to police U.S. spying program limited - The Washington Post - 0 views

  • The leader of the secret court that is supposed to provide critical oversight of the government’s vast spying programs said that its ability to do so is limited and that it must trust the government to report when it improperly spies on Americans. The chief judge of the Foreign Intelligence Surveillance Court said the court lacks the tools to independently verify how often the government’s surveillance breaks the court’s rules that aim to protect Americans’ privacy. Without taking drastic steps, it also cannot check the veracity of the government’s assertions that the violations its staff members report are unintentional mistakes.
  • “The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie B. Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.” Walton’s comments came in response to internal government records obtained by The Post showing that National Security Agency staff members in Washington overstepped their authority on spy programs thousands of times per year. The records also show that the number of violations has been on the rise.
  • The court’s description of its practical limitations contrasts with repeated assurances from the Obama administration and intelligence agency leaders that the court provides central checks and balances on the government’s broad spying efforts. They have said that Americans should feel comfortable that the secret intelligence court provides robust oversight of government surveillance and protects their privacy from rogue intrusions.President Obama and other government leaders have emphasized the court’s oversight role in the wake of revelations this year that the government is vacuuming up “metadata” on Americans’ telephone and Internet communications. “We also have federal judges that we’ve put in place who are not subject to political pressure,” Obama said at a news conference in June. “They’ve got lifetime tenure as federal judges, and they’re empowered to look over our shoulder at the executive branch to make sure that these programs aren’t being abused.”
Gary Edwards

Investigating TWA 800/ Dreams - Shows - Coast to Coast AM - 0 views

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    "Investigating TWA 800/ Dreams' ; mp3 tapes available on request ~ge~ Date: 07-23-13 Host: George Noory Guests: James Sanders, Michael Sebastian, Nicole Sebastian In the first half, former police officer specializing in accident investigation, James Sanders (book link), discussed his investigation into the downing of TWA Flight 800, and his journey looking for the truth behind what happened. He was married to a TWA flight attendant when the plane went down in 1996. He initially resisted getting involved, but began to suspect that a cover-up was taking place. Later, he and his wife were indicted for the crime of receiving residue from the accident and having it tested. He found out that the residue was the result of intense heat both outside and inside the fuselage, when an explosive force came through. On the evening of July 17, 1996 the Navy was conducting a large military exercise in the area near Flight 800, and 26 seconds before the plane was hit, FAA radar picked up a missile launch, which Sanders assumes was part of the Navy exercise. Then, Navy radar tracked the missile as it approached the right side of the 747, and two key witnesses watching TWA 800 from the ground, observed a missile approach its right side and explode where the leading edge of the right wing meets the fuselage, he recounted. Further, there was a second missile that blew the nose off the plane, he said. Sanders speculated that the cover-up was the product of a series of political decisions, particularly, that if the truth about the incident got out, it could hurt Clinton's re-election prospects later that year. "It is my belief that Flight 800 was the catalyst for everything they've covered up since then," he added."
Paul Merrell

Britain Detains the Partner of a Reporter Tied to Leaks - NYTimes.com - 0 views

  • The partner of Glenn Greenwald, the journalist for The Guardian who has been publishing information leaked by the former National Security Agency contractor Edward J. Snowden, was detained for nine hours by the British authorities under a counterterrorism law while on a stop in London’s Heathrow Airport during a trip from Germany to Brazil, Mr. Greenwald said Sunday.
  • Mr. Greenwald’s partner, David Michael Miranda, 28, is a citizen of Brazil. He had spent the previous week in Berlin visiting Laura Poitras, a documentary filmmaker who has also been helping to disseminate Mr. Snowden’s leaks, to assist Mr. Greenwald. The Guardian had paid for the trip, Mr. Greenwald said, and Mr. Miranda was on his way home to Rio de Janeiro.
  • The Guardian published a report on Mr. Miranda’s detainment on Sunday afternoon. Mr. Greenwald said someone who identified himself as a security official from Heathrow Airport called him early on Sunday and informed him that Mr. Miranda had been detained, at that point for three hours. The British authorities, he said, told Mr. Miranda that they would obtain permission from a judge to arrest him for 48 hours, but he was released at the end of the nine hours, around 1 p.m. Eastern time. Mr. Miranda was in Berlin to deliver documents related to Mr. Greenwald’s investigation into government surveillance to Ms. Poitras, Mr. Greenwald said. Ms. Poitras, in turn, gave Mr. Miranda different documents to pass to Mr. Greenwald. Those documents, which were stored on encrypted thumb drives, were confiscated by airport security, Mr. Greenwald said. All of the documents came from the trove of materials provided to the two journalists by Mr. Snowden. The British authorities seized all of his electronic media — including video games, DVDs and data storage devices — and did not return them, Mr. Greenwald said.
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    My comments mighty be longer than Diigo allows from the client sidee so I will place them in in a comment following this post. However, do not miss the companion article in The Guardian, at  
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    Note that when detained, Mr. Miranda was acting in the role of a courier transporting documents on a thumb drive between two of the lead reporters working on the NSA scandal for The Guardian. The police kept the thumb drive and all other electronic devices Mr. Miranda carried, presumably to study their data stores.  Perhaps even more to the point, this was the seizure of leaked NSA documents and reporters' notes about them. I do not know about the UK law on the subject, but the shame of it is that it would be lawful accordng to the U.S. Supreme Court for U.S. Customs officials to do the same thing had Mr. Miranda arrived at an American international airport. Most Americans would be shocked to learn how many of their cherished Constitutional rights disappear at a port or entry or when crossing a border into the U.S. and when traveling within a 100-mile distance from a U.S. border on the U.S. side. But the particular detention of Mr. Miranda and seizure of the reporter's research and NSA document copies was sure from the outset to cause a major media stir. It has also provoked a strong diplomatic protest from Brazil This incident has already provoked not only a strong diplomatic protest from Brazil, but also in the UK, "Labour MP Tom Watson said he was shocked at the news and called for it to be made clear if any ministers were involved in authorising the detention." Also note in The Guardian article that the police were acting under authority of the draconian British Terrorism Act, which does not limit its application to those who are not suspected of being a terrorist. That UK government was willing to endure a public whipping by the media testifies loudly to the desperation of spy agencies - in the U.K., U.S., Australia, New Zealand, Canada, and Israel intelligence alliance - to learn what documents Snowden leaked to Glenn Greenwald and the Washington Post so they have a clue about: [i] what hammer blows will hit them in the future so they can get out i
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    I see that I forgot to paste the link to the companion article in The Guardian. Here 'tis. http://www.theguardian.com/world/2013/aug/18/glenn-greenwald-guardian-partner-detained-heathrow
Gary Edwards

Larry Summers and the Secret "Bankster End Game" Memo : http://goo.gl/wDhDhL - 1 views

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    Diigo is screwing up the URL AGAIN!!!!! WTF!!! The correct title is "Larry Summers and the Secret "End-Game" Memo :: http://goo.gl/wDhDhL From the marbux treasure trove of truth we have financial expert Greg Palast describing how the Banksters engineered the 2008 World Financial Collapse. Greg names names, sighting an important 1997 memo signed by then Deputy Treasury Secretary, Larry Summers. The memo describes the Banksters "end game", and authorizes pulling the trigger on a process of forcing the world's financial institutions to accept the game of derivative roulette where high risk financial schemes and casino bets had to be accepted as "financial assets". Good story and as from everything I know, the absolute truth. Read it carefully because these same Banksters control the Obama Administration and seek to continue the great shakedown. One item of note is the recent resignation of Larry Summers as Obama nominee to head the Federal Reserve Bankster Cartel. Summers is one of the architects of the 2008 financial collapse, but is seen be Wall Street as hesitant to continue with the current Bernake flooding of the money markets with $85 Billion per month in freshly minted paper. Even the hint of rolling back the Bankster bailout a bit is enough to do in Summers. alternative Fed Banster Czar Janette Yellin promises to up the $85 Billion monthly bailout, and Wall Street celebrated with a near doubling of trades. We're so screwed! We started the "Socialism and the End of the American Dream" Diigo group in September of 2008 as an effort to understand the financial collapse. In this short article, Greg Palast summarizes the story and places the important facts on the table for all to see. Pray with me for his health and safety. excerpt: "The year was 1997.  US Treasury Secretary Robert Rubin was pushing hard to de-regulate banks.  That required, first, repeal of the Glass-Steagall Act to dismantle the barrier between commercial ba
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    Related link: Summers Withdraws From Consideration for Fed Chairmanship, http://www.bloomberg.com/news/2013-09-15/obama-said-he-accepted-summers-decision-to-withdraw-his-name.html
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    From the marbux treasure trove of truth we have financial expert Greg Palast describing how the Banksters engineered the 2008 World Financial Collapse. Greg names names, sighting an important 1997 memo signed by then Deputy Treasury Secretary, Larry Summers. The memo describes the Banksters "end game", and authorizes pulling the trigger on a process of forcing the world's financial institutions to accept the game of derivative roulette where high risk financial schemes and casino bets had to be accepted as "financial assets". Good story and as from everything I know, the absolute truth. Read it carefully because these same Banksters control the Obama Administration and seek to continue the great shakedown. One item of note is the recent resignation of Larry Summers as Obama nominee to head the Federal Reserve Bankster Cartel. Summers is one of the architects of the 2008 financial collapse, but is seen be Wall Street as hesitant to continue with the current Bernake flooding of the money markets with $85 Billion per month in freshly minted paper. Even the hint of rolling back the Bankster bailout a bit is enough to do in Summers. alternative Fed Banster Czar Janette Yellin promises to up the $85 Billion monthly bailout, and Wall Street celebrated with a near doubling of trades. We're so screwed! We started the "Socialism and the End of the American Dream" Diigo group in September of 2008 as an effort to understand the financial collapse. In this short article, Greg Palast summarizes the story and places the important facts on the table for all to see. Pray with me for his health and safety. excerpt: "The year was 1997.  US Treasury Secretary Robert Rubin was pushing hard to de-regulate banks.  That required, first, repeal of the Glass-Steagall Act to dismantle the barrier between commercial banks and investment banks.  It was like replacing bank vaults with roulette wheels. Second, the banks wanted the right to play a new high-risk game:  "d
Paul Merrell

BBC News - Australia sites hacked amid spying row with Indonesia - 0 views

  • A member of Anonymous Indonesia said the group carried out the cyber attacks Continue reading the main story Spy leaks How intelligence is gathered History of spying NSA secrets failure 'Five eyes' club Hackers have attacked the websites of the Australian police and Reserve Bank amid an ongoing row over reports Canberra spied on Jakarta officials. The row has heightened diplomatic tensions between the allies and sparked protests in Indonesia. Indonesia has suspended military co-operation with Australia and recalled its ambassador over the allegations. A top Australian adviser has also come under fire for several tweets critical of Indonesia's handling of the row. Reports of the spying allegations came out in Australian media from documents leaked by whistleblower Edward Snowden.
  • The leaked documents showed that Australian spy agencies named Indonesian President Susilo Bambang Yudhoyono, the first lady, the vice-president and other senior ministers as targets for telephone monitoring, Australian media said. The alleged spying took place in 2009, under the previous Australian government. "It is not possible that we can continue our co-operation when we are still uncertain that there is no spying towards us," Mr Yudhoyono said on Wednesday. He added he would also write to Australian Prime Minister Tony Abbott to seek an official explanation over spying allegations. Mr Abbot has said he regretted the embarrassment the media reports have caused. However, he also said that he does not believe Australia "should be expected to apologise for reasonable intelligence-gathering operations"
  • The Australian Federal Police (AFP) and Australia's Reserve Bank confirmed that their sites were victims of a cyber attack on Wednesday night.
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  • The Reserve Bank also said its website was "the subject of a denial of service attack". "The bank has protections for its website, so the bank website remains secure," a spokesman added. Australian media identified a Twitter user who described herself as a member of Anonymous Indonesia and appeared to claim responsibility for the attack. The user wrote: "I am ready for this war!" and said she would conduct further attacks unless there was an apology from the Australian government for the alleged spying. Twitter outburst
  • Meanwhile, Mark Textor, a campaign strategist who advised Australian Prime Minister Tony Abbott's Liberal Party came under fire for a series of provocative tweets that criticised Indonesia's handling of the spying row. Mr Textor wrote in a Twitter post: "Apology demanded from Australia by a bloke who looks like a 1970's Pilipino [sic] porn star and has ethics to match". The tweet has since been deleted. Australian media widely reported that he was referring to Indonesian Foreign Minister Marty Natalegawa, who has called for an apology from Australia over the spying claims.
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    Edward Snowden's leak continues to roil international relations.
Paul Merrell

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

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

Larry Summers and the Secret End Game Memo - by Greg Palast | Investigative Reporter - 1 views

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    excerpt: "The year was 1997.  US Treasury Secretary Robert Rubin was pushing hard to de-regulate banks.  That required, first, repeal of the Glass-Steagall Act to dismantle the barrier between commercial banks and investment banks.  It was like replacing bank vaults with roulette wheels. Second, the banks wanted the right to play a new high-risk game:  "derivatives trading."  JP Morgan alone would soon carry $88 trillion of these pseudo-securities on its books as "assets." Deputy Treasury Secretary Summers (soon to replace Rubin as Secretary) body-blocked any attempt to control derivatives. But what was the use of turning US banks into derivatives casinos if money would flee to nations with safer banking laws? The answer conceived by the Big Bank Five:  eliminate controls on banks in every nation on the planet - in one single move.    It was as brilliant as it was insanely dangerous. How could they pull off this mad caper?  The bankers' and Summers' game was to use the Financial Services Agreement, an abstruse and benign addendum to the international trade agreements policed by the World Trade Organization. Until the bankers began their play, the WTO agreements dealt simply with trade in goods-that is, my cars for your bananas.  The new rules ginned-up by Summers and the banks would force all nations to accept trade in "bads" - toxic assets like financial derivatives. Until the bankers' re-draft of the FSA, each nation controlled and chartered the banks within their own borders.  The new rules of the game would force every nation to open their markets to Citibank, JP Morgan and their derivatives "products." And all 156 nations in the WTO would have to smash down their own Glass-Steagall divisions between commercial savings banks and the investment banks that gamble with derivatives. The job of turning the FSA into the bankers' battering ram was given to Geithner, who was named Ambassador to the World Trade Organization. "
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    Greg Palast does good work. I'm reminded of a passage from Carl Oglesby's The Yankee and Cowboy War where he argued rather convincingly that conspiracy is the norm rather than the exception at the boundary line between government and big business.
Paul Merrell

2014 Press Release - NSA Announces New Civil Liberties and Privacy Officer" - 0 views

  • GEN Keith Alexander - Commander, U.S. Cyber Command/Director, NSA/Chief, CSS - announced today that well-known privacy expert Rebecca Richards will serve as the National Security Agency's new Civil Liberties and Privacy Officer. She most recently worked as the Senior Director for Privacy Compliance at the Department of Homeland Security.
  • Selected to lead the new NSA Civil Liberties and Privacy Office at the agency's Fort Meade headquarters, Ms. Richards' primary job will be to provide expert advice to the Director and oversight of NSA's civil liberties and privacy related activities. She will also develop measures to further strengthen NSA's privacy protections.
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    Softball Interview here. . I wasn't really expecting Obama to reach out to the ACLU and EFF for a good civil liberties lawyer recommendation, but this appointment is lame, the former Director of Privacy for Dept. of Homeland Security, those wonderful folk who keep the homeland safe from terra-ists. The airport gropers, secret no-fly listers, and masters of border protection, where all Constitutional privacy rights do not apply, per the Supreme Court., the coordinators of our glorious "fusion centers," the provisioners of funding for armored cars and surveillance equipment for local police, etc. A sample from her interview linked above that I transcribed (omitting all the umhs and ahs): "When you think about NSA, privacy there for them was privacy of its employees, about contractors, about the average person walking down the street - it was not as concentrated on, this is the big collection that we're getting through these means, and so what this job does is that it brings it up under direct reports to the director of NSA and it is just as a focal point, to bring all of those and -- I walked in the building and people were already asking questions so ..." Heaven help us; has this lassie's brain yet matured to the point of completing her first sentence? This is the lady who is going to keep Admiral Rogers on the straight and narrow path of respecting our civil liberties? I suspect not.  I may return to this inarticulate and non-assertive young lady in later posts. Let it suffice for now to observe that the Dept. of Homeland Security, whose raison d'etre is a virtually non-existent terrorist threat manufactured by the politics of fear, has not exactly been a champion of the People's civil liberties. Moreover, I've had recent occasion to dig rather deeply into exactly what it is that Privacy Officers do and don't do. Telling heads of agencies that they cannot lawfully do what they want to do is no
Paul Merrell

Tony Blair 'knew all about CIA secret kidnap programme' - Telegraph - 0 views

  • Tony Blair knew in detail about the CIA’s secret kidnap and interrogation programme after the September 11 attacks and was kept informed “every step of the way” by MI6, a security source has told The Telegraph. Mr Blair, the then prime minister, and Jack Straw, his foreign secretary, were fully briefed on CIA activities and were shown now infamous Bush administration legal opinions that declared “enhanced interrogation” techniques such as waterboarding and stress positions to be legal, the source said.
  • The claims come as Scotland Yard continues to investigate whether MI6 officers should face criminal charges for alleged complicity in the rendition of suspected terrorists, including two Libyan Islamists who were sent back in 2004 to Tripoli, where they were tortured.
  • The case was opened in January 2012 after documents recovered during the Libyan revolution appeared to show that Sir Mark Allen, the former head of counter-terrorism at MI6, and other agents had been complicit in the rendition of Abdel Hakim Belhadj, who was captured by the CIA with his pregnant wife and sent back to Libya. Among the documents was a memo apparently signed by Sir Mark congratulating the then Libyan intelligence chief, Moussa Koussa, on the “safe arrival” of Mr Belhadj. The Telegraph understands that MI6 has been forced to hand over top secret documents from that period to police and that senior officers who served at the time have been interviewed as part of the investigation. It is not known whether Mr Straw, who intelligence sources have indicated was fully briefed on the rendition, has also been interviewed by police.
Paul Merrell

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

  • 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).
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  • 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

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
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  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
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    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Paul Merrell

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

  • 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.
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    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

Canadians have united to reject fear and stop Bill C-51. Will the government listen? | rabble.ca - 0 views

  • It's rare in Canadian politics to see intense public interest in government legislative proposals -- let alone to see Canadians take to the streets in the tens of thousands to protest a piece of legislation by name. Yet that's exactly what has happened in the case of Bill C-51, which critics, including The Globe and Mail's editorial team, say will undermine basic democratic values and lead to the creation of a "secret police force" in Canada. In the space of a few short months since Bill C-51 was announced, hundreds of thousands of people have taken action to stop it: signing petitions, writing letters to local newspapers, phoning and writing to their member of Parliament, and hitting the streets in nationwide demonstrations in over 70 communities across Canada. It's not hard to see why so many people are concerned. Canada's top privacy and security experts warn that this legislation will undermine democratic rights Canadians have enjoyed for generations. For example, according to professors Craig Forcese and Kent Roach, who have conducted a detailed legal analysis of the legislation, Bill C-51 will:
  • Undermine Canadians' privacy by allowing widespread information disclosures among government agencies, and by giving the Canadian Security and Intelligence Service (CSIS) access to personal information held by up to 17 government departments. Even Stephen Harper has admitted that these kinds of dragnet surveillance measures are ineffective. Chill free speech online by criminalizing what is loosely defined as the promotion of "terrorism offences in general" and even showing "reckless disregard" for whether a particular post may encourage a violent act. As Forcese and Roach point out in their testimony to the Senate Standing Committee on National Security and Defence, "The new speech crime in our view violates freedom of expression because it reaches well beyond the sort of speech that threatens actual violence." Dramatically expand the powers of CSIS, without any commensurate increase in oversight or review measures. The legislation even allows CSIS to obtain a warrant permitting them to break the law and contravene the Charter rights of Canadians. Under C-51, such warrants would be granted in a secret hearing, with no representation from the target of such measures, and with no right of appeal.
  • So it's no surprise that Canadians are worried. What is unprecedented however, is the sheer number of Canadians taking part in the campaign to stop the bill. My organization, OpenMedia, has been campaigning on privacy issues for years -- but in all our time, we've never seen a public outpouring quite like this. Our joint efforts are clearly having an impact: public opinion has swung dramatically against Bill C-51 since it was announced. Support has plummeted, with a recent Forum Research poll finding that 56 per cent of Canadians now oppose Bill C-51, with just 33 per cent in favour. The business community, civic society groups, and principled conservatives have all spoken out. Sadly, there's no sign that the government is listening. At the time of writing, the government seems determined to use its majority to ram the legislation through the Commons in the coming weeks. What's even more worrying is that this reckless, dangerous, and ineffective legislation will further undermine Canadians' privacy rights -- rights that have already been seriously damaged by the government's Bill C-13, passed late last year, and by the government's failure to address the mass surveillance activities of its Canadian Security Establishment (CSE) intelligence agency.
Paul Merrell

US Faces Scathing UN Review on Human Rights Record | Al Jazeera America - 0 views

  • The United States was slammed over its rights record Monday at the United Nations’ Human Rights Council, with member nations criticizing the country for police violence and racial discrimination, the Guantánamo Bay Detention Facility and the continued use of the death penalty. 
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    I suspect that U.S. trying of juveniles as adults made the list too. The U.S. is way out of step with the rest of the world on that score. 
Paul Merrell

Another "Terror" Arrest; Another Mentally Ill Man, Armed by the FBI - 0 views

  • U.S. law enforcement officials announced another terror arrest on Monday, after arming a mentally ill man and then charging him with having guns. ABC News quoted a “senior federal official briefed on the arrest” as saying: “This is a very bad person arrested before he could do very bad things.” But in a sting reminiscent of so many others conducted by the FBI since 9/11, Alexander Ciccolo, 23, “aka Ali Al Amriki,” was apparently a mentally ill man who was doing nothing more than ranting about violent jihad and talking (admittedly in frightening ways) about launching attacks—until he met an FBI informant. At that point, he started making shopping lists for weapons. The big twist in this story: Local media in Massachusetts are saying Ciccolo was turned in by his father, a Boston Police captain. The FBI affidavit says the investigation was launched after a “close acquaintance … stated that Ciccolo had a long history of mental illness and in the last 18 months had become obsessed with Islam.”
Paul Merrell

Hundreds of thousands protest in Berlin against EU-U.S. trade deal | Reuters - 0 views

  • At least 150,000 people marched in Berlin on Saturday in protest against a planned free trade deal between Europe and the United States that they say is anti-democratic and will lower food safety, labor and environmental standards.Organizers - an alliance of environmental groups, charities and opposition parties - said 250,000 people had taken part in the rally against free trade deals with both the United States and Canada, far more than they had anticipated."This is the biggest protest that this country has seen for many, many years," Christoph Bautz, director of citizens' movement Campact told protesters in a speech.Police said 150,000 people had taken part in the demonstration which was trouble free. There were 1,000 Police officers on duty at the march.
  • Opposition to the so-called Transatlantic Trade and Investment Partnership (TTIP) has risen over the past year in Germany, with critics fearing the pact will hand too much power to big multinationals at the expense of consumers and workers.
  • The level of resistance has taken Chancellor Angela Merkel's government by surprise and underscores the challenge it faces to turn the tide in favor of the deal which proponents say will create a market of 800 million and serve as a counterweight to China's economic clout.In a full-page letter published in several German newspapers on Saturday, Economy Minister Sigmar Gabriel warned against "scaremongering".
  •  
    Reuters coverage, no less. 
Paul Merrell

Transcript: Comey Says Authors of Encryption Letter Are Uninformed or Not Fair-Minded | Just Security - 0 views

  • Earlier today, FBI Director James Comey implied that a broad coalition of technology companies, trade associations, civil society groups, and security experts were either uninformed or were not “fair-minded” in a letter they sent to the President yesterday urging him to reject any legislative proposals that would undermine the adoption of strong encryption by US companies. The letter was signed by dozens of organizations and companies in the latest part of the debate over whether the government should be given built-in access to encrypted data (see, for example, here, here, here, and here for previous iterations). The comments were made at the Third Annual Cybersecurity Law Institute held at Georgetown University Law Center. The transcript of his encryption-related discussion is below (emphasis added).
  • Increasingly, communications at rest sitting on a device or in motion are encrypted. The device is encrypted or the communication is encrypted and therefore unavailable to us even with a court order. So I make a showing of probable cause to a judge in a criminal case or in an intelligence case to the Foreign Intelligence Surveillance Court judge that the content of a particular defense or a particular communication stream should be collected to our statutory authority, and the judge approves, increasingly we are finding ourselves unable to read what we find or we’re unable to open a device. And that is a serious concern. I am actually — I think encryption is a good thing. I think there are tremendous societal benefits to encryption. That’s one of the reasons the FBI tells people not only lock your cars, but you should encrypt things that are important to you to make it harder for thieves to take them.
  • A group of tech companies and some prominent folks wrote a letter to the President yesterday that I frankly found depressing. Because their letter contains no acknowledgment that there are societal costs to universal encryption. Look, I recognize the challenges facing our tech companies. Competitive challenges, regulatory challenges overseas, all kinds of challenges. I recognize the benefits of encryption, but I think fair-minded people also have to recognize the costs associated with that. And I read this letter and I think, “Either these folks don’t see what I see or they’re not fair-minded.” And either one of those things is depressing to me. So I’ve just got to continue to have the conversation. I don’t know the answer, but I don’t think a democracy should drift to a place where suddenly law enforcement people say, “Well, actually we — the Fourth Amendment is an awesome thing, but we actually can’t access any information.”
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  • But we have a collision going on in this country that’s getting closer and closer to an actual head-on, which is our important interest in privacy — which I am passionate about — and our important interest in public safety. The logic of universal encryption is inexorable that our authority under the Fourth Amendment — an amendment that I think is critical to ordered liberty — with the right predication and the right oversight to obtain information is going to become increasingly irrelevant. As all of our lives become digital, the logic of encryption is that all of our lives will be covered by strong encryption, therefore all of our lives — I know there are no criminals here, but including the lives of criminals and terrorists and spies — will be in a place that is utterly unavailable to court ordered process. And that, I think, to a democracy should be very, very concerning. I think we need to have a conversation about it. Again, how do we strike the right balance? Privacy matters tremendously. Public safety, I think, matters tremendously to everybody. I think fair-minded people have to recognize that there are tremendous benefits to a society from encryption. There are tremendous costs to a society from universal strong encryption. And how do we think about that?
  • We’ve got to have a conversation long before the logic of strong encryption takes us to that place. And smart people, reasonable people will disagree mightily. Technical people will say it’s too hard. My reaction to that is: Really? Too hard? Too hard for the people we have in this country to figure something out? I’m not that pessimistic. I think we ought to have a conversation.
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    Considering that I'm over 10 times as likely to die from a police shoooting as I am from a terrorist attack, how about we begin this conversation, Mr. Comey, by you providing formal notice to everyone who's had the telephone metadata gathered or searched all dates on which such gatherings and searches were conducted so citizens can file suit for violation of their privacy rights? Note that the Second U.S. Circuit Court of Appeals held last week that the FBI exceeded statutory authority in gathering and searching that information. Because the gathering and searching was not authorized, that would bring the gathering and searching under the protections of the Privacy Act, including the FBI duty to account for the disclosures  and to pay at least the statutory minimum $1,500 in damges per incident.  Then I would like to have an itemization of all of the commercial software and hardware products that your agency and or your buddies at NSA built backdoors into.  Then your resignation for millions of violations of the Privacy Act would be deeply appreciated. Please feel free to delegate the above mentioned tasks to your successor. 
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