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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.”
Paul Merrell

UK Cryptographers Call For Publication of Deliberately Weakened Protocols, Products | Threatpost - 0 views

  • A group of cryptographers in the UK has published a letter that calls on authorities in that country and the United States to conduct an investigation to determine which security products, protocols and standards have been deliberately weakened by the countries’ intelligence services. The letter, signed by a number of researchers from the University of Bristol and other universities, said that the NSA and British GCHQ “have been acting against the interests of the public that they are meant to serve.” The appeal comes a couple of weeks after leaked documents from the NSA and its UK counterpart, Government Communications Headquarters, showed that the two agencies have been collaborating on projects that give them the ability to subvert encryption protocols and also have been working with unnamed security vendors to insert backdoors into hardware and software products. Security experts have been debating in recent weeks which products, standards and protocols may have been deliberately weakened, but so far no information has been forthcoming.
  • “By weakening cryptographic standards, in as yet undisclosed ways, and by inserting weaknesses into products which we all rely on to secure critical infrastructure, we believe that the agencies have been acting against the interests of the public that they are meant to serve. We find it shocking that agencies of both the US and UK governments now stand accused of undermining the systems which protect us. By weakening all our security so that they can listen in to the communications of our enemies, they also weaken our security against our potential enemies,” the letter says.
  • Published on Monday, the letter is signed by cryptographers from the University of Bristol, University of London, University of Birmingham, University of Luxembourg, University of Southampton, University of Surrey, University of Kent, Newcastle University and University College London. In it, the researchers call on the relevant authorities to publicly name the products and standards that have been weakened in order to inform users which systems they should avoid. “We call on the relevant parties to reveal what systems have been weakened so that they can be repaired, and to create a proper system of oversight with well-defined public rules that clearly forbid weakening the security of civilian systems and infrastructures. The statutory Intelligence and Security Committee of the House of Commons needs to investigate this issue as a matter of urgency. In the modern information age we all need to have complete trust in the basic infrastructure that we all use,” the letter says.
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  • In the weeks since the documents detailing the NSA’s cryptographic capabilities emerged, further details about exactly which protocols the agency can attack successfully and which standards it may have influenced have been scarce. NIST, the U.S. agency that develops technical standards for cryptography, among other things, as denied accusations that the NSA was able to weaken some of the NIST standards. However, at the same time, NIST officials have issued a recommendation that people no longer use one of the encryption standards it previously published.
Paul Merrell

BofA Said to Split Regulators Over Moving Merrill Derivatives to Bank Unit - Bloomberg - 0 views

  • Bank of America Corp. (BAC), hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation. The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties, said the people, who asked to remain anonymous because they weren’t authorized to speak publicly. The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.
  • Three years after taxpayers rescued some of the biggest U.S. lenders, regulators are grappling with how to protect FDIC- insured bank accounts from risks generated by investment-banking operations. Bank of America, which got a $45 billion bailout during the financial crisis, had $1.04 trillion in deposits as of midyear, ranking it second among U.S. firms. “The concern is that there is always an enormous temptation to dump the losers on the insured institution,” said William Black, professor of economics and law at the University of Missouri-Kansas City and a former bank regulator. “We should have fairly tight restrictions on that.”
  • Moody’s Investors Service downgraded Bank of America’s long-term credit ratings Sept. 21, cutting both the holding company and the retail bank two notches apiece. The holding company fell to Baa1, the third-lowest investment-grade rank, from A2, while the retail bank declined to A2 from Aa3.
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  • The Moody’s downgrade spurred some of Merrill’s partners to ask that contracts be moved to the retail unit, which has a higher credit rating, according to people familiar with the transactions. Transferring derivatives also can help the parent company minimize the collateral it must post on contracts and the potential costs to terminate trades after Moody’s decision, said a person familiar with the matter. Bank of America estimated in an August regulatory filing that a two-level downgrade by all ratings companies would have required that it post $3.3 billion in additional collateral and termination payments, based on over-the-counter derivatives and other trading agreements as of June 30. The figure doesn’t include possible collateral payments due to “variable interest entities,” which the firm is evaluating, it said in the filing.
  • Derivatives are financial instruments used to hedge risks or for speculation. They’re derived from stocks, bonds, loans, currencies and commodities, or linked to specific events such as changes in the weather or interest rates. Dodd-Frank Rules Keeping such deals separate from FDIC-insured savings has been a cornerstone of U.S. regulation for decades, including last year’s Dodd-Frank overhaul of Wall Street regulation. The legislation gave the FDIC, which liquidates failing banks, expanded powers to dismantle large financial institutions in danger of failing. The agency can borrow from the Treasury Department to finance the biggest lenders’ operations to stem bank runs. It’s required to recoup taxpayer money used during the resolution process through fees on the largest firms.
  • Bank of America’s holding company -- the parent of both the retail bank and the Merrill Lynch securities unit -- held almost $75 trillion of derivatives at the end of June, according to data compiled by the OCC. About $53 trillion, or 71 percent, were within Bank of America NA, according to the data, which represent the notional values of the trades. That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show.
  • Moving derivatives contracts between units of a bank holding company is limited under Section 23A of the Federal Reserve Act, which is designed to prevent a lender’s affiliates from benefiting from its federal subsidy and to protect the bank from excessive risk originating at the non-bank affiliate, said Saule T. Omarova, a law professor at the University of North Carolina at Chapel Hill School of Law. “Congress doesn’t want a bank’s FDIC insurance and access to the Fed discount window to somehow benefit an affiliate, so they created a firewall,” Omarova said. The discount window has been open to banks as the lender of last resort since 1914. As a general rule, as long as transactions involve high- quality assets and don’t exceed certain quantitative limitations, they should be allowed under the Federal Reserve Act, Omarova said.
  • In 2009, the Fed granted Section 23A exemptions to the banking arms of Ally Financial Inc., HSBC Holdings Plc, Fifth Third Bancorp, ING Groep NV, General Electric Co., Northern Trust Corp., CIT Group Inc., Morgan Stanley and Goldman Sachs Group Inc., among others, according to letters posted on the Fed’s website. The central bank terminated exemptions last year for retail-banking units of JPMorgan, Citigroup, Barclays Plc, Royal Bank of Scotland Plc and Deutsche Bank AG. The Fed also ended an exemption for Bank of America in March 2010 and in September of that year approved a new one. Section 23A “is among the most important tools that U.S. bank regulators have to protect the safety and soundness of U.S. banks,” Scott Alvarez, the Fed’s general counsel, told Congress in March 2008.
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    So according to Bloomberg, JPMorgan's commercial bank was the recipient of 99 percent of JPMorgan's $79 trillion (face value of derivatives) in bad bets. So adding JPMorgan's $78 trillion or so to the $75 trillion in bad bets Bank of America unloaded on its FDIC insured subsidiary, we arrive at $153 trillion in bad bets moved by two investment banks alone under the FDIC umbrella. Meanwhile, FDIC has authority under Dodd-Frank to liquidate these insolvent banks but doesn't, despite several successful lawsuits to recover the value of toxic derivatives that they sold to smaller banks that failed (which implies that FDIC could tell JPMorgan and BoA's investment banksters that they've got to pay off the toxic assets they transferred to their commercial banks, rather than diluting the insurance for normal depositors. Problem: the two big investment banks don't have sufficient assets to absorb those losses, so the too-politically-connected-to-fail factor kicks in. Note that I have not done any legal research in regard to these issues and am basing these observations on what has been stated about legal requirements in various media articles.
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

EU threatens to suspend deal with US on tracking terrorists' funding | World news | theguardian.com - 0 views

  • The European Union is threatening to freeze a crucial and controversial data-sharing deal with the US aimed at tracking terrorist funding because of the National Security Agency snooping scandal.
  • The terror finance tracking programme (TFTP) was agreed in 2010 under strong US pressure, requiring the EU authorities to transfer data to the US treasury from the Brussels-based system which collates global financial transaction data under the Society for Worldwide Interbank Financial Telecommunication (SWIFT).MEPs on the committee called for the agreement to be scrapped following recent reports that the NSA was also tapping into the SWIFT databases to gain access to the private data of Europeans on their financial dealings.The Dutch liberal MEP, Sophie in 't Veld, said the US breach of trust meant the transatlantic agreements, including another one divulging European air passenger details to the US authorities, should be ditched."For me the TFTP agreement is effectively dead ... null and void," she said.
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radicalizers' - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

Adel Daoud's lawyer claims Hillside teen caught in 'fake war on terror' contrived by U.S. spy agencies | abc7chicago.com - 0 views

  • (CHICAGO) (WLS) -- Lawyers for a west suburban teenager charged with a downtown bomb plot say he was caught in a "fake war on terror" contrived by U.S. spy agencies. Each week it seems as though there is a new salvo of accusations by the legal team defending Hillside 19-year-old Adel Daoud. On Tuesday, a court filing by Daoud's attorneys characterizes U.S. spy agencies as outlaw arms of the government that snagged the west suburban teenager in a dummied-up bomb plot. The nation's intelligence gathering agencies, they believe, are operating in what amounts to a fourth, runaway, branch of government. Daoud was arrested a little more than a year ago, according to authorities planning to detonate a car bomb at this downtown intersection that would take out a popular nearby bar--if it was real. But the so-called plot was a sting operation and the bomb operatives worked for the FBI.
  • "Look, he's a young kid," said Daoud attorney Thomas Durkin. "He just graduated from high school." Durkin, from the beginning, has cried foul about the government investigation and tactics. In the sharply-critical Daoud surveillance motion filed Tuesday, Durkin states that the government has concocted a "fake choice between national security and civil rights, not unlike the fake war being conducted in our name against terror." Durkin, a former assistant U.S. Attorney in Chicago, states that: "The usually reliable representations of the U.S. Attorney's office can no longer be trusted. . .because the intelligence agencies. . . simply do not inform the local prosecutors of all material information." "The spy agencies," Durkin writes, "are as fearful of the prosecutors as they are defense counsel". . .and "just as easily compromised."
  • During the investigation, FBI agents secretly recorded phone conversations at the suspect's home, and elsewhere, and they monitored internet communications. Prosecutors have argued that evidence must be held in secret, from both the public and the defendant-- and so far, the courts have agreed. Lawyers for the 19-year old man from west suburban Chicago are challenging the initial legal grounds permitting authorities to monitor his communications. They contend Daoud may have been targeted by intelligence agencies for viewpoints expressed on the internet. The accused teenage jihadist remains in federal custody without bail, where he has been for 14 months. Authorities have said that Daoud made statements he intended to kill 100 people and injure 300. As his attorney continues a vigorous challenge of government tools and tactics, prosecutors declined to comment to the I-Team.
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    This is the case that Sen. Diane Feinstein bragged about having been broken by NSA surveillance. But the government still clings to its position that neither the defense nor the public should be allowed to see the NSA intelligence. The judge in the case originally sided with the government. See order at https://archive.org/stream/781913-daoud-motion-denied#page/n0/mode/1up It bears reminding that the Justice Dept. had told the Supreme Court that such materials would be available for criminal defendants to challenge in persuading the Court that a lawsuit brought by Amnesty International would not be the only avenue to challenge NSA surveillance. The Court repeated that promise in its opinion dismissing the Amnesty International case. But the issue is still alive. Daod is still in jail pending trial. And I'll hazard a guess that his defense just acquired new wheels with yesterday's disclosure of NSA surveillance being used to ruin the reputations of non-terrorists because of the content of their speech.  
Gary Edwards

The progressive endgame, and how to prevent it | protein wisdom - 2 views

  • Social Security Administration employees are being instructed to tell people who ask that if the debt ceiling is not raised, their social security benefits could be in danger. In an email sent Friday, obtained by The Daily Caller, employees are instructed: “If a member of the public asks whether their Social Security payment will be affected if the federal debt ceiling is not raised, you may give the following response: ‘Unlike a federal shutdown which has no impact on the payment of Social Security benefits, failure to raise the debt ceiling puts Social Security benefits at risk.’ “Direct all program–related and technical questions to your supervisor.”
  • This was done before in 2011 also and the answer is the same as it was then. Social Security holds $2.6 trillion in special-issue Treasury securities. Those bonds are part of the $14.3 trillion debt amassed by the U.S. government, and benefits are paid out of those securities. So, the theory goes, if Treasury redeemed the needed Social Security bonds, and issued new marketable Treasury bonds to make good on the Social Security bonds, it would be a one for one swap and the debt ceiling would not be increased. There is a technical wrinkle involving the fact that payroll taxes that are collected are supposed to be immediately turned into Treasury securities, but there could be ways around that, such as putting the monies in a noninterest bearing account, as during the 1985 debt crisis. [...] “I’m now 99.9 percent positive that Treasury has legal authority to pay Social Security benefits in both cases of a government shutdown and hitting the debt limit, since the payment of benefits shouldn’t affect the debt limit because it reduces the trust funds to the exact extent that it increase publicly-held debt,” Fichtner said. “What I don’t know is whether Treasury has to pay benefits if it chooses not to.” Dean Baker, co-director of the Center for Economic and Policy Research who has derided “the phony crisis” of Social Security, also believes the checks could keep flowing. “I would think that they could legally pay Social Security by reducing the obligations of the fund,” he said. “It no doubt would be a huge political issue.”
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    Incredible theory, which, if true, would indeed end our Constitutional Republic.
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    Diigo is having problems, I see. Correct link to the article quoted is http://proteinwisdom.com/?p=51354
Paul Merrell

Fukushima - A Global Threat That Requires a Global Response - 0 views

  • The story of Fukushima should be on the front pages of every newspaper. Instead, it is rarely mentioned. The problems at Fukushima are unprecedented in human experience and involve a high risk of radiation events larger than any that the global community has ever experienced. It is going to take the best engineering minds in the world to solve these problems and to diminish their global impact. When we researched the realities of Fukushima in preparation for this article, words like apocalyptic, cataclysmic and Earth-threatening came to mind. But, when we say such things, people react as if we were the little red hen screaming "the sky is falling" and the reports are ignored. So, we’re going to present what is known in this article and you can decide whether we are facing a potentially cataclysmic event.
  • There are three major problems at Fukushima: (1) Three reactor cores are missing; (2) Radiated water has been leaking from the plant in mass quantities for 2.5 years; and (3) Eleven thousand spent nuclear fuel rods, perhaps the most dangerous things ever created by humans, are stored at the plant and need to be removed, 1,533 of those are in a very precarious and dangerous position. Each of these three could result in dramatic radiation events, unlike any radiation exposure humans have ever experienced.  We’ll discuss them in order, saving the most dangerous for last.
  • Missing reactor cores:  Since the accident at Fukushima on March 11, 2011, three reactor cores have gone missing.  There was an unprecedented three reactor ‘melt-down.’ These melted cores, called corium lavas, are thought to have passed through the basements of reactor buildings 1, 2 and 3, and to be somewhere in the ground underneath.  Harvey Wasserman, who has been working on nuclear energy issues for over 40 years, tells us that during those four decades no one ever talked about the possibility of a multiple meltdown, but that is what occurred at Fukushima.  It is an unprecedented situation to not know where these cores are. TEPCO is pouring water where they think the cores are, but they are not sure. There are occasional steam eruptions coming from the grounds of the reactors, so the cores are thought to still be hot. The concern is that the corium lavas will enter or may have already entered the aquifer below the plant. That would contaminate a much larger area with radioactive elements. Some suggest that it would require the area surrounding Tokyo, 40 million people, to be evacuated. Another concern is that if the corium lavas enter the aquifer, they could create a "super-heated pressurized steam reaction beneath a layer of caprock causing a major 'hydrovolcanic' explosion." A further concern is that a large reserve of groundwater which is coming in contact with the corium lavas is migrating towards the ocean at the rate of four meters per month. This could release greater amounts of radiation than were released in the early days of the disaster.
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  • Radioactive water leaking into the Pacific Ocean:  TEPCO did not admit that leaks of radioactive water were occurring until July of this year. Shunichi Tanaka the head of Japan’s Nuclear Regulation Authority finally told reporters this July that radioactive water has been leaking into the Pacific Ocean since the disaster hit over two years ago. This is the largest single contribution of radionuclides to the marine environment ever observed according to a report by the French Institute for Radiological Protection and Nuclear Safety.  The Japanese government finally admitted that the situation was urgent this September – an emergency they did not acknowledge until 2.5 years after the water problem began. How much radioactive water is leaking into the ocean? An estimated 300 tons (71,895 gallons/272,152 liters) of contaminated water is flowing into the ocean every day.  The first radioactive ocean plume released by the Fukushima nuclear power plant disaster will take three years to reach the shores of the United States.  This means, according to a new study from the University of New South Wales, the United States will experience the first radioactive water coming to its shores sometime in early 2014.
  • One month after Fukushima, the FDA announced it was going to stop testing fish in the Pacific Ocean for radiation.  But, independent research is showing that every bluefin tuna tested in the waters off California has been contaminated with radiation that originated in Fukushima. Daniel Madigan, the marine ecologist who led the Stanford University study from May of 2012 was quoted in the Wall Street Journal saying, "The tuna packaged it up (the radiation) and brought it across the world’s largest ocean. We were definitely surprised to see it at all and even more surprised to see it in every one we measured." Marine biologist Nicholas Fisher of Stony Brook University in New York State, another member of the study group, said: "We found that absolutely every one of them had comparable concentrations of cesium 134 and cesium 137." In addition, Science reports that fish near Fukushima are being found to have high levels of the radioactive isotope, cesium-134. The levels found in these fish are not decreasing,  which indicates that radiation-polluted water continues to leak into the ocean. At least 42 fish species from the area around the plant are considered unsafe.  South Korea has banned Japanese fish as a result of the ongoing leaks.
  • Wasserman builds on the analogy, telling us it is "worse than pulling cigarettes out of a crumbled cigarette pack." It is likely they used salt water as a coolant out of desperation, which would cause corrosion because the rods were never meant to be in salt water.  The condition of the rods is unknown. There is debris in the coolant, so there has been some crumbling from somewhere. Gundersen  adds, "The roof has fallen in, which further distorted the racks," noting that if a fuel rod snaps, it will release radioactive gas which will require at a minimum evacuation of the plant. They will release those gases into the atmosphere and try again. The Japan Times writes: "The consequences could be far more severe than any nuclear accident the world has ever seen. If a fuel rod is dropped, breaks or becomes entangled while being removed, possible worst case scenarios include a big explosion, a meltdown in the pool, or a large fire. Any of these situations could lead to massive releases of deadly radionuclides into the atmosphere, putting much of Japan — including Tokyo and Yokohama — and even neighboring countries at serious risk."  
  • The most recent news on the water problem at Fukushima adds to the concerns. On October 11, 2013, TEPCO disclosed that the radioactivity level spiked 6,500 times at a Fukushima well.  "TEPCO said the findings show that radioactive substances like strontium have reached the groundwater. High levels of tritium, which transfers much easier in water than strontium, had already been detected." Spent Fuel Rods:  As bad as the problems of radioactive water and missing cores are, the biggest problem at Fukushima comes from the spent fuel rods.  The plant has been in operation for 40 years. As a result, they are storing 11 thousand spent fuel rods on the grounds of the Fukushima plant. These fuel rods are composed of highly radioactive materials such as plutonium and uranium. They are about the width of a thumb and about 15 feet long. The biggest and most immediate challenge is the 1,533 spent fuel rods packed tightly in a pool four floors above Reactor 4.  Before the storm hit, those rods had been removed for routine maintenance of the reactor.  But, now they are stored 100 feet in the air in damaged racks.  They weigh a total of 400 tons and contain radiation equivalent to 14,000 times the amount released by the Hiroshima atomic bomb.
  • The building in which these rods are stored has been damaged. TEPCO reinforced it with a steel frame, but the building itself is buckling and sagging, vulnerable to collapse if another earthquake or storm hits the area. Additionally, the ground under and around the building is becoming saturated with water, which further undermines the integrity of the structure and could cause it to tilt. How dangerous are these fuel rods?  Harvey Wasserman explains that the fuel rods are clad in zirconium which can ignite if they lose coolant. They could also ignite or explode if rods break or hit each other. Wasserman reports that some say this could result in a fission explosion like an atomic bomb, others say that is not what would happen, but agree it would be "a reaction like we have never seen before, a nuclear fire releasing incredible amounts of radiation," says Wasserman. These are not the only spent fuel rods at the plant, they are just the most precarious.  There are 11,000 fuel rods scattered around the plant, 6,000 in a cooling pool less than 50 meters from the sagging Reactor 4.  If a fire erupts in the spent fuel pool at Reactor 4, it could ignite the rods in the cooling pool and lead to an even greater release of radiation. It could set off a chain reaction that could not be stopped.
  • What would happen? Wasserman reports that the plant would have to be evacuated.  The workers who are essential to preventing damage at the plant would leave, and we will have lost a critical safeguard.  In addition, the computers will not work because of the intense radiation. As a result we would be blind - the world would have to sit and wait to see what happened. You might have to not only evacuate Fukushima but all of the population in and around Tokyo, reports Wasserman.  There is no question that the 1,533 spent fuel rods need to be removed.  But Arnie Gundersen, a veteran nuclear engineer and director of Fairewinds Energy Education, who used to build fuel assemblies, told Reuters "They are going to have difficulty in removing a significant number of the rods." He described the problem in a radio interview: "If you think of a nuclear fuel rack as a pack of cigarettes, if you pull a cigarette straight up it will come out — but these racks have been distorted. Now when they go to pull the cigarette straight out, it’s going to likely break and release radioactive cesium and other gases, xenon and krypton, into the air. I suspect come November, December, January we’re going to hear that the building’s been evacuated, they’ve broke a fuel rod, the fuel rod is off-gassing."
  • As bad as the ongoing leakage of radioactive water is into the Pacific, that is not the largest part of the water problem.  The Asia-Pacific Journal reported last month that TEPCO has 330,000 tons of water stored in 1,000 above-ground tanks and an undetermined amount in underground storage tanks.  Every day, 400 tons of water comes to the site from the mountains, 300 tons of that is the source for the contaminated water leaking into the Pacific daily. It is not clear where the rest of this water goes.   Each day TEPCO injects 400 tons of water into the destroyed facilities to keep them cool; about half is recycled, and the rest goes into the above-ground tanks. They are constantly building new storage tanks for this radioactive water. The tanks being used for storage were put together rapidly and are already leaking. They expect to have 800,000 tons of radioactive water stored on the site by 2016.  Harvey Wasserman warns that these unstable tanks are at risk of rupture if there is another earthquake or storm that hits Fukushima. The Asia-Pacific Journal concludes: "So at present there is no real solution to the water problem."
  • This is not the usual moving of fuel rods.  TEPCO has been saying this is routine, but in fact it is unique – a feat of engineering never done before.  As Gundersen says: "Tokyo Electric is portraying this as easy. In a normal nuclear reactor, all of this is done with computers. Everything gets pulled perfectly vertically. Well nothing is vertical anymore, the fuel racks are distorted, it’s all going to have to be done manually. The net effect is it’s a really difficult job. It wouldn’t surprise me if they snapped some of the fuel and they can’t remove it." Gregory Jaczko, Former Chairman of the U.S. Nuclear Regulatory Commission concurs with Gundersen describing the removal of the spent fuel rods as "a very significant activity, and . . . very, very unprecedented." Wasserman sums the challenge up: "We are doing something never done before – bent, crumbling, brittle fuel rods being removed from a pool that is compromised, in a building that is sinking, sagging and buckling, and it all must done under manual control, not with computers."  And the potential damage from failure would affect hundreds of millions of people.
  • The first thing that is needed is to end the media blackout.  The global public needs to be informed about the issues the world faces from Fukushima.  The impacts of Fukushima could affect almost everyone on the planet, so we all have a stake in the outcome.  If the public is informed about this problem, the political will to resolve it will rapidly develop. The nuclear industry, which wants to continue to expand, fears Fukushima being widely discussed because it undermines their already weak economic potential.  But, the profits of the nuclear industry are of minor concern compared to the risks of the triple Fukushima challenges. 
  • The second thing that must be faced is the incompetence of TEPCO.  They are not capable of handling this triple complex crisis. TEPCO "is already Japan’s most distrusted firm" and has been exposed as "dangerously incompetent."  A poll found that 91 percent of the Japanese public wants the government to intervene at Fukushima. Tepco’s management of the stricken power plant has been described as a comedy of errors. The constant stream of mistakes has been made worse by constant false denials and efforts to minimize major problems. Indeed the entire Fukushima catastrophe could have been avoided: "Tepco at first blamed the accident on ‘an unforeseen massive tsunami’ triggered by the Great East Japan Earthquake on March 11, 2011. Then it admitted it had in fact foreseen just such a scenario but hadn’t done anything about it."
  • The reality is Fukushima was plagued by human error from the outset.  An official Japanese government investigation concluded that the Fukushima accident was a "man-made" disaster, caused by "collusion" between government and Tepco and bad reactor design. On this point, TEPCO is not alone, this is an industry-wide problem. Many US nuclear plants have serious problems, are being operated beyond their life span, have the same design problems and are near earthquake faults. Regulatory officials in both the US and Japan are too corruptly tied to the industry. Then, the meltdown itself was denied for months, with TEPCO claiming it had not been confirmed.  Japan Times reports that "in December 2011, the government announced that the plant had reached ‘a state of cold shutdown.’ Normally, that means radiation releases are under control and the temperature of its nuclear fuel is consistently below boiling point."  Unfortunately, the statement was false – the reactors continue to need water to keep them cool, the fuel rods need to be kept cool – there has been no cold shutdown.
  • TEPCO has done a terrible job of cleaning up the plant.  Japan Times describes some of the problems: "The plant is being run on makeshift equipment and breakdowns are endemic. Among nearly a dozen serious problems since April this year there have been successive power outages, leaks of highly radioactive water from underground water pools — and a rat that chewed enough wires to short-circuit a switchboard, causing a power outage that interrupted cooling for nearly 30 hours. Later, the cooling system for a fuel-storage pool had to be switched off for safety checks when two dead rats were found in a transformer box."  TEPCO has been constantly cutting financial corners and not spending enough to solve the challenges of the Fukushima disaster resulting in shoddy practices that cause environmental damage. Washington’s Blog reports that the Japanese government is spreading radioactivity throughout Japan – and other countries – by burning radioactive waste in incinerators not built to handle such toxic substances. Workers have expressed concerns and even apologized for following order regarding the ‘clean-up.’
  • Indeed, the workers are another serious concern. The Guardian reported in October 2013 the plummeting morale of workers, problems of alcohol abuse, anxiety, loneliness, Post-Traumatic Stress Disorder and depression. TEPCO cut the pay of its workers by 20 percent in 2011 to save money even though these workers are doing very difficult work and face constant problems. Outside of work, many were traumatized by being forced to evacuate their homes after the Tsunami; and they have no idea how exposed to radiation they have been and what health consequences they will suffer. Contractors are hired based on the lowest bid, resulting in low wages for workers. According to the Guardian, Japan's top nuclear regulator, Shunichi Tanaka, told reporters: "Mistakes are often linked to morale. People usually don't make silly, careless mistakes when they're motivated and working in a positive environment. The lack of it, I think, may be related to the recent problems." The history of TEPCO shows we cannot trust this company and its mistreated workforce to handle the complex challenges faced at Fukushima. The crisis at Fukushima is a global one, requiring a global solution.
  • In an open letter to the United Nations, 16 top nuclear experts urged the government of Japan to transfer responsibility for the Fukushima reactor site to a worldwide engineering group overseen by a civil society panel and an international group of nuclear experts independent from TEPCO and the International Atomic Energy Administration , IAEA. They urge that the stabilization, clean-up and de-commissioning of the plant be well-funded. They make this request with "urgency" because the situation at the Fukushima plant is "progressively deteriorating, not stabilizing." 
  • The problems at Fukushima are in large part about facing reality – seeing the challenges, risks and potential harms from the incident. It is about TEPCO and Japan facing the reality that they are not equipped to handle the challenges of Fukushima and need the world to join the effort. 
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    Excellent roundup of evidence that the Fukushima disaster recovery process has gone badly awry and is devolving quickly to looming further disasters. Political momentum is gathering to wrest the recovery efforts away from the Japanese government and to place its leadership in the hands of an international group of experts. The disaster was far worse than its portrayal in mainstream media, is continuing, and even worse secondary disasters now loom. 
Paul Merrell

Leaked memos reveal GCHQ efforts to keep mass surveillance secret | UK news | The Guardian - 0 views

  • The UK intelligence agency GCHQ has repeatedly warned it fears a "damaging public debate" on the scale of its activities because it could lead to legal challenges against its mass-surveillance programmes, classified internal documents reveal.Memos contained in the cache disclosed by the US whistleblower Edward Snowden detail the agency's long fight against making intercept evidence admissible as evidence in criminal trials – a policy supported by all three major political parties, but ultimately defeated by the UK's intelligence community.Foremost among the reasons was a desire to minimise the potential for challenges against the agency's large-scale interception programmes, rather than any intrinsic threat to security, the documents show.
  • The papers also reveal that:• GCHQ lobbied furiously to keep secret the fact that telecoms firms had gone "well beyond" what they were legally required to do to help intelligence agencies' mass interception of communications, both in the UK and overseas.• GCHQ feared a legal challenge under the right to privacy in the Human Rights Act if evidence of its surveillance methods became admissible in court.• GCHQ assisted the Home Office in lining up sympathetic people to help with "press handling", including the Liberal Democrat peer and former intelligence services commissioner Lord Carlile, who this week criticised the Guardian for its coverage of mass surveillance by GCHQ and America's National Security Agency.The most recent attempt to make intelligence gathered from intercepts admissible in court, proposed by the last Labour government, was finally stymied by GCHQ, MI5 and MI6 in 2009.
  • Another top GCHQ priority in resisting the admission of intercepts as evidence was keeping secret the extent of the agency's co-operative relationships with telephone companies – including being granted access to communications networks overseas.In June, the Guardian disclosed the existence of GCHQ's Tempora internet surveillance programme. It uses intercepts on the fibre-optic cables that make up the backbone of the internet to gain access to vast swaths of internet users' personal data. The intercepts are placed in the UK and overseas, with the knowledge of companies owning either the cables or landing stations.The revelations of voluntary co-operation with some telecoms companies appear to contrast markedly with statements made by large telecoms firms in the wake of the first Tempora stories. They stressed that they were simply complying with the law of the countries in which they operated.
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  • In reality, numerous telecoms companies were doing much more than that, as disclosed in a secret document prepared in 2009 by a joint working group of GCHQ, MI5 and MI6.Their report contended that allowing intercepts as evidence could damage relationships with "Communications Service Providers" (CSPs).In an extended excerpt of "the classified version" of a review prepared for the Privy Council, a formal body of advisers made up of current and former cabinet ministers, the document sets out the real nature of the relationship between telecoms firms and the UK government."Under RIPA [the Regulation of Investigatory Powers Act 2000], CSPs in the UK may be required to provide, at public expense, an adequate interception capability on their networks," it states. "In practice all significant providers do provide such a capability. But in many cases their assistance – while in conformity with the law – goes well beyond what it requires."
  • GCHQ's internet surveillance programme is the subject of a challenge in the European court of human rights, mounted by three privacy advocacy groups. The Open Rights Group, English PEN and Big Brother Watch argue the "unchecked surveillance" of Tempora is a challenge to the right to privacy, as set out in the European convention on human rights.That the Tempora programme appears to rely at least in part on voluntary co-operation of telecoms firms could become a major factor in that ongoing case. The revelation could also reignite the long-running debate over allowing intercept evidence in court.GCHQ's submission goes on to set out why its relationships with telecoms companies go further than what can be legally compelled under current law. It says that in the internet era, companies wishing to avoid being legally mandated to assist UK intelligence agencies would often be able to do so "at little cost or risk to their operations" by moving "some or all" of their communications services overseas.
  • As a result, "it has been necessary to enter into agreements with both UK-based and offshore providers for them to afford the UK agencies access, with appropriate legal authorisation, to the communications they carry outside the UK".The submission to ministers does not set out which overseas firms have entered into voluntary relationships with the UK, or even in which countries they operate, though documents detailing the Tempora programme made it clear the UK's interception capabilities relied on taps located both on UK soil and overseas.There is no indication as to whether the governments of the countries in which deals with companies have been struck would be aware of the GCHQ cable taps.
  • Evidence that telecoms firms and GCHQ are engaging in mass interception overseas could stoke an ongoing diplomatic row over surveillance ignited this week after the German chancellor, Angela Merkel, accused the NSA of monitoring her phone calls, and the subsequent revelation that the agency monitored communications of at least 35 other world leaders.On Friday, Merkel and the French president, François Hollande, agreed to spearhead efforts to make the NSA sign a new code of conduct on how it carried out intelligence operations within the European Union, after EU leaders warned that the international fight against terrorism was being jeopardised by the perception that mass US surveillance was out of control.Fear of diplomatic repercussions were one of the prime reasons given for GCHQ's insistence that its relationships with telecoms firms must be kept private .
  • Telecoms companies "feared damage to their brands internationally, if the extent of their co-operation with HMG [Her Majesty's government] became apparent", the GCHQ document warned. It added that if intercepts became admissible as evidence in UK courts "many CSPs asserted that they would withdraw their voluntary support".The report stressed that while companies are going beyond what they are required to do under UK law, they are not being asked to violate it.Shami Chakrabarti, Director of Liberty and Anthony Romero Executive Director of the American Civil Liberties Union issued a joint statement stating:"The Guardian's publication of information from Edward Snowden has uncovered a breach of trust by the US and UK Governments on the grandest scale. The newspaper's principled and selective revelations demonstrate our rulers' contempt for personal rights, freedoms and the rule of law.
  • "Across the globe, these disclosures continue to raise fundamental questions about the lack of effective legal protection against the interception of all our communications."Yet in Britain, that conversation is in danger of being lost beneath self-serving spin and scaremongering, with journalists who dare to question the secret state accused of aiding the enemy."A balance must of course be struck between security and transparency, but that cannot be achieved whilst the intelligence services and their political masters seek to avoid any scrutiny of, or debate about, their actions."The Guardian's decision to expose the extent to which our privacy is being violated should be applauded and not condemned."
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    The Guardian lands another gigantic bomb squarely on target, with massive potential for diplomatic, political, and financial disruption. Well done, Guardian. 
Paul Merrell

Germany to send intelligence chiefs to U.S. over Merkel allegations - chicagotribune.com - 0 views

  • Germany will send its top intelligence chiefs to Washington next week to seek answers from the White House on allegations that U.S. security officials tapped the mobile phone of Chancellor Angela Merkel.
  • Berlin will dispatch the heads of its foreign intelligence agency BND and of its domestic counterpart, the BfV. Merkel's chief of staff Ronald Pofalla, who is responsible for the intelligence services, may also join them.
  • German Chancellor Angela Merkel demanded on Thursday that the United States strike a "no-spying" agreement with Berlin and Paris by the end of the year, saying alleged espionage against two of Washington's closest EU allies had to be stopped. Speaking after talks with EU leaders that were dominated by allegations that the U.S. National Security Agency had accessed tens of thousands of French phone records and monitored Merkel's private mobile phone, the chancellor said she wanted action from President Barack Obama, not just apologetic words. Germany and France would seek a "mutual understanding" with the United States on cooperation between their intelligence agencies, and other EU member states could eventually take part. "That means a framework for cooperation between the relevant (intelligence) services. Germany and France have taken the initiative and other member states will join," she said.
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  • As EU leaders arrived for the two-day summit there was near-universal condemnation of the alleged activities by the NSA, particularly the monitoring of Merkel's mobile phone, a sensitive issue for a woman who grew up in East Germany, living under the Stasi police force and its feared eavesdropping.
  • Some senior German officials, and the German president of the European Parliament, have called for talks between the EU and United States on a free-trade agreement, which began in July, to be suspended because of the spying allegations. Merkel, whose country is one of the world's leading exporters and stands to gain from any trade deal with Washington, said that was not the right path to take, saying the best way forward was to rebuild trust. The series of Snowden-based leaks over the past three months have left Washington at odds with a host of important allies, from Brazil to Saudi Arabia, and there are few signs that the revelations are going to dry up anytime soon.
  • As well as raising questions about the EU-US trade negotiations, the spying furor could also have an impact on data-privacy legislation working its way through the EU. The European Parliament has already opened an inquiry into the effect on Europe of U.S. intelligence activities revealed by former NSA contractor Edward Snowden. It has also led a push for tougher data protection rules and the suspension of a transatlantic data-sharing deal. The Parliament, with 766 members directly elected from the EU's 28 member states, voted this week in favor of an amended package of laws that would greatly strengthen EU data protection rules that date from 1995. The new rules would restrict how data collected in Europe by firms such as Google and Facebook is shared with non-EU countries, introduce the right of EU citizens to request that their digital traces be erased, and impose fines of 100 million euros ($138 million) or more on rule breakers.
  • The United States is concerned the regulations, if they enter into law, will raise the cost of handling data in Europe. Google, Yahoo!, Microsoft and others have lobbied hard against the proposals. Given the spying accusations, France and Germany - the two most influential countries in EU policy - may succeed in getting member states to push ahead on negotiations with the parliament to complete the new data regulations by 2015. For the United States, it could substantially change how data privacy rules are implemented globally.
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    I'd like to have a "no spying" agreement with the Feds too.  
Paul Merrell

US arrest of Taliban leader 'enrages' Afghan president Karzai - RT News - 0 views

  • US forces detained Taliban commander Latif Mehsud, the US State Department said Friday, an announcement that has reportedly infuriated Afghan president Hamid Karzai, who hoped to use Mehsud as interlocutor for peace talks. During a military operation in the Logar province in eastern Afghanistan, US troops seized Mehsud, identified as a senior commander in the Tehreek-e-Taliban Pakistan, a group that claimed responsibility for a 2010 attempted bombing in Times Square, New York. “Mehsud is a senior commander in [Tehreek-e-Taliban], and served as a trusted confident of the group’s leader, Hakimullah Mehsud,” Marie Harf, deputy spokeswoman for the US State Department, said in Washington on Friday. The group “claimed responsibility… for the attempted bombing of Times Square in 2010 and has vowed to attack the US homeland again. TPP is also responsible for attacking our diplomats in Pakistan and attacks that have killed countless Pakistani civilians.”
  • Pakistani intelligence said US forces seized Mehsud while he was with the Afghan army, and that they no longer know where he is. According to reports, the arrest, which actually occurred several weeks ago, enraged Afghan President Karzai, as Afghan intelligence agents had spent months attempting to recruit Mehsud as a mediator for peace talks between Kabul and the Taliban, the Washington Post reported. Karzai also apparently viewed the arrest of the Taliban leader as a violation of Afghan sovereignty, a senior Afghan official told AP on condition of anonymity.
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    Tactical success; strategic blunder?
Paul Merrell

Conflicts of interest in the Syria debate | Public Accountability Initiative - 1 views

  • During the public debate around the question of whether to attack Syria, Stephen Hadley, former national security adviser to George W. Bush, made a series of high-profile media appearances. Hadley argued strenuously for military intervention in appearances on CNN, MSNBC, Fox News, and Bloomberg TV, and authored a Washington Post op-ed headlined “To stop Iran, Obama must enforce red lines with Assad.” In each case, Hadley’s audience was not informed that he serves as a director of Raytheon, the weapons manufacturer that makes the Tomahawk cruise missiles that were widely cited as a weapon of choice in a potential strike against Syria. Hadley earns $128,500 in annual cash compensation from the company and chairs its public affairs committee. He also owns 11,477 shares of Raytheon stock, which traded at all-time highs during the Syria debate ($77.65 on August 23, making Hadley’s share’s worth $891,189). Despite this financial stake, Hadley was presented to his audience as an experienced, independent national security expert.
  • Though Hadley’s undisclosed conflict is particularly egregious, it is not unique. The following report documents the industry ties of Hadley, 21 other media commentators, and seven think tanks that participated in the media debate around Syria. Like Hadley, these individuals and organizations have strong ties to defense contractors and other defense- and foreign policy-focused firms with a vested interest in the Syria debate, but they were presented to their audiences with a veneer of expertise and independence, as former military officials, retired diplomats, and independent think tanks. The report offers a new look at an issue raised by David Barstow’s 2008 Pulitzer Prize-winning New York Times series on the role military analysts played in promoting the Bush Administration’s narrative on Iraq. In addition to exposing coordination with the Pentagon, Barstow found that many cable news analysts had industry ties that were not disclosed on air. If the recent debate around Syria is any guide, media outlets have done very little to address the gaps in disclosure and abuses of the public trust that Barstow exposed. Some analysts have stayed the same, others are new, and the issues and range of opinion are different. But the media continues to present former military and government officials as venerated experts without informing the public of their industry ties – the personal financial interests that may be shaping their opinions of what is in the national interest.
  • This report details these ties, in addition to documenting the industry backing of think tanks that played a prominent role in the Syria debate. It reveals the extent to which the public discourse around Syria was corrupted by the pervasive influence of the defense industry, to the point where many of the so-called experts appearing on American television screens were actually representatives of companies that profit from heightened US military activity abroad. The threat of war with Syria may or may not have passed, but the threat that these conflicts of interest pose to our public discourse – and our democracy – is still very real.
Paul Merrell

The US is Losing Control of the Internet…Oh, Really? | Global Research - 0 views

  • All of the major internet organisations have pledged, at a summit in Uruguay, to free themselves of the influence of the US government. The directors of ICANN, the Internet Engineering Task Force, the Internet Architecture Board, the World Wide Web Consortium, the Internet Society and all five of the regional Internet address registries have vowed to break their associations with the US government. In a statement, the group called for “accelerating the globalization of ICANN and IANA functions, towards an environment in which all stakeholders, including all governments, participate on an equal footing”. That’s a distinct change from the current situation, where the US department of commerce has oversight of ICANN. In another part of the statement, the group “expressed strong concern over the undermining of the trust and confidence of Internet users globally due to recent revelations of pervasive monitoring and surveillance”. Meanwhile, it was announced that the next Internet Governance Summit would be held in Brazil, whose president has been extremely critical of the US over web surveillance. In a statement announcing the location of the summit, Brazilian president Dilma Rousseff said: “The United States and its allies must urgently end their spying activities once and for all.”
Paul Merrell

Exclusive: Secret contract tied NSA and security industry pioneer | Reuters - 0 views

  • (Reuters) - As a key part of a campaign to embed encryption software that it could crack into widely used computer products, the U.S. National Security Agency arranged a secret $10 million contract with RSA, one of the most influential firms in the computer security industry, Reuters has learned. Documents leaked by former NSA contractor Edward Snowden show that the NSA created and promulgated a flawed formula for generating random numbers to create a "back door" in encryption products, the New York Times reported in September. Reuters later reported that RSA became the most important distributor of that formula by rolling it into a software tool called Bsafe that is used to enhance security in personal computers and many other products.Undisclosed until now was that RSA received $10 million in a deal that set the NSA formula as the preferred, or default, method for number generation in the BSafe software, according to two sources familiar with the contract. Although that sum might seem paltry, it represented more than a third of the revenue that the relevant division at RSA had taken in during the entire previous year, securities filings show.
  • The earlier disclosures of RSA's entanglement with the NSA already had shocked some in the close-knit world of computer security experts. The company had a long history of championing privacy and security, and it played a leading role in blocking a 1990s effort by the NSA to require a special chip to enable spying on a wide range of computer and communications products.
  • The RSA deal shows one way the NSA carried out what Snowden's documents describe as a key strategy for enhancing surveillance: the systematic erosion of security tools. NSA documents released in recent months called for using "commercial relationships" to advance that goal, but did not name any security companies as collaborators.
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  • The NSA came under attack this week in a landmark report from a White House panel appointed to review U.S. surveillance policy. The panel noted that "encryption is an essential basis for trust on the Internet," and called for a halt to any NSA efforts to undermine it.
  • From RSA's earliest days, the U.S. intelligence establishment worried it would not be able to crack well-engineered public key cryptography. Martin Hellman, a former Stanford researcher who led the team that first invented the technique, said NSA experts tried to talk him and others into believing that the keys did not have to be as large as they planned.
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    Reuters gives the NSA's history of introducing backdoors in encryption standards a deep look, focusing on RSA's acceptance of a $10 million NSA bribe post-9/11 to implement the NSA-created Dual Elliptic Curve standard for generating "random" numbers, which had what Bruce Schneier described as a "back door." A tip of the hat to Miro for alerting me to this article.
Paul Merrell

N.S.A. Spied on Allies, Aid Groups and Businesses - NYTimes.com - 0 views

  • Secret documents reveal more than 1,000 targets of American and British surveillance in recent years, including the office of an Israeli prime minister, heads of international aid organizations, foreign energy companies and a European Union official involved in antitrust battles with American technology businesses.
  • While the names of some political and diplomatic leaders have previously emerged as targets, the newly disclosed intelligence documents provide a much fuller portrait of the spies’ sweeping interests in more than 60 countries. Britain’s Government Communications Headquarters, working closely with the National Security Agency, monitored the communications of senior European Union officials, foreign leaders including African heads of state and sometimes their family members, directors of United Nations and other relief programs, and officials overseeing oil and finance ministries, according to the documents. In addition to Israel, some targets involved close allies like France and Germany, where tensions have already erupted over recent revelations about spying by the N.S.A.
  • Details of the surveillance are described in documents from the N.S.A. and Britain’s eavesdropping agency, known as GCHQ, dating from 2008 to 2011. The target lists appear in a set of GCHQ reports that sometimes identify which agency requested the surveillance, but more often do not. The documents were leaked by the former N.S.A. contractor Edward J. Snowden and shared by The New York Times, The Guardian and Der Spiegel. The reports are spare, technical bulletins produced as the spies, typically working out of British intelligence sites, systematically tapped one international communications link after another, focusing especially on satellite transmissions. The value of each link is gauged, in part, by the number of surveillance targets found to be using it for emails, text messages or phone calls. More than 1,000 targets, which also include people suspected of being terrorists or militants, are in the reports. It is unclear what the eavesdroppers gleaned. The documents include a few fragmentary transcripts of conversations and messages, but otherwise contain only hints that further information was available elsewhere, possibly in a larger database.
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  • Ms. Hansen, the spokeswoman for the European Commission, said that it was already engaged in talks with the United States that were “needed to restore trust and confidence in the trans-Atlantic relationship.” She added that “the commission will raise these new allegations with U.S. and U.K. authorities.”
  • Also appearing on the surveillance lists is Joaquín Almunia, vice president of the European Commission, which, among other powers, has oversight of antitrust issues in Europe. The commission has broad authority over local and foreign companies, and it has punished a number of American companies, including Microsoft and Intel, with heavy fines for hampering fair competition. The reports say that spies intercepted Mr. Almunia’s communications in 2008 and 2009. Mr. Almunia, a Spaniard, assumed direct authority over the commission’s antitrust office in 2010. He has been involved in a three-year standoff with Google over how the company runs its search engine. Competitors of the online giant had complained that it was prioritizing its own search results and using content like travel reviews and ratings from other websites without permission. While pushing for a settlement with Google, Mr. Almunia has warned that the company could face large fines if it does not cooperate.
  • Some condemned the surveillance on Friday as unjustified and improper. “This is not the type of behavior that we expect from strategic partners,” Pia Ahrenkilde Hansen, a spokeswoman for the European Commission, said on the latest revelations of American and British spying in Europe. Some of the surveillance relates to issues that are being scrutinized by President Obama and a panel he appointed in Washington that on Wednesday recommended tighter limits on the N.S.A., particularly on spying of foreign leaders, especially allies.
  • “We do not use our foreign intelligence capabilities to steal the trade secrets of foreign companies on behalf of — or give intelligence we collect to — U.S. companies to enhance their international competitiveness or increase their bottom line,” said Vanee Vines, an N.S.A. spokeswoman. But she added that some economic spying was justified by national security needs. “The intelligence community’s efforts to understand economic systems and policies, and monitor anomalous economic activities, are critical to providing policy makers with the information they need to make informed decisions that are in the best interest of our national security,” Ms. Vines said.
  • The surveillance reports show American and British spies’ deep appetite for information. The French companies Total, the oil and gas giant, and Thales, an electronics, logistics and transportation outfit, appear as targets, as do a French ambassador, an “Estonian Skype security team” and the German Embassy in Rwanda.
  • Multiple United Nations Missions in Geneva are listed as targets, including Unicef and the United Nations Institute for Disarmament Research. So is Médecins du Monde, a medical relief organization that goes into war-ravaged areas. Leigh Daynes, an executive director of the organization in Britain, responded to news about the surveillance by saying: “There is absolutely no reason for our operations to be secretly monitored.” More obvious intelligence targets are also listed, though in smaller numbers, including people identified as “Israeli grey arms dealer,” “Taleban ministry of refugee affairs” and “various entities in Beijing.” Some of those included are described as possible members of Al Qaeda, and as suspected extremists or jihadists.
  • While few if any American citizens appear to be named in the documents, they make clear that some of the intercepted communications either began or ended in the United States and that N.S.A. facilities carried out interceptions around the world in collaboration with their British partners. Some of the interceptions appear to have been made at the Sugar Grove, W.Va., listening post run by the N.S.A. and code-named Timberline, and some are explicitly tied to N.S.A. target lists in the reports.
  • Strengthening the likelihood that full transcripts were taken during the intercepts is the case of Mohamed Ibn Chambas, an official of the Economic Community of West African States, known as Ecowas, a regional initiative of 15 countries that promotes economic and industrial activity. Whether intentionally or through some oversight, when Mr. Chambas’s communications were intercepted in August 2009, dozens of his complete text messages were copied into one of the reports.
  •  
    No mention of any "terrorist" targets. Could it be that Snowden and Greenwald are right, that the surveillance is not about terrorism at all? Surely our nation's leaders would not lie to us about that. Right. The Politics of Fear.
Paul Merrell

NY Fed Fired Examiner Who Took on Goldman - ProPublica - 0 views

  • Under a Fed mandate, the investment banking behemoth was expected to have a company-wide policy to address conflicts of interest in how its phalanxes of dealmakers handled clients. Although Goldman had a patchwork of policies, the examiner concluded that they fell short of the Fed’s requirements. That finding by the examiner, Carmen Segarra, potentially had serious implications for Goldman, which was already under fire for advising clients on both sides of several multibillion-dollar deals and allegedly putting the bank’s own interests above those of its customers. It could have led to closer scrutiny of Goldman by regulators or changes to its business practices. Before she could formalize her findings, Segarra said, the senior New York Fed official who oversees Goldman pressured her to change them. When she refused, Segarra said she was called to a meeting where her bosses told her they no longer trusted her judgment. Her phone was confiscated, and security officers marched her out of the Fed’s fortress-like building in lower Manhattan, just 7 months after being hired. “They wanted me to falsify my findings,” Segarra said in a recent interview, “and when I wouldn’t, they fired me.”
Paul Merrell

More Shutdowns Ahead as US Ruled by Casino Capitalism | Global Research TV - 0 views

  • The budget brinkmanship has cost the world's largest economy billions of dollars - as well as the trust of investors around the globe. And it also sparked calls to de-americanize the world economy. For more, RT talks to Pepe Escobar, Asia Times Online roving correspondent.
Paul Merrell

CIA misled on interrogation program, Senate report says - The Washington Post - 0 views

  • A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques. The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.
  • “The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”
  • Several officials who have read the document said some of its most troubling sections deal not with detainee abuse but with discrepancies between the statements of senior CIA officials in Washington and the details revealed in the written communications of lower-level employees directly involved.Officials said millions of records make clear that the CIA’s ability to obtain the most valuable intelligence against al-Qaeda — including tips that led to the killing of Osama bin Laden in 2011 — had little, if anything, to do with “enhanced interrogation techniques.”The report is divided into three volumes — one that traces the chronology of interrogation operations, another that assesses intelligence officials’ claims and a third that contains case studies on virtually every prisoner held in CIA custody since the program began in 2001. Officials said the report was stripped of certain details, including the locations of CIA prisons and the names of agency employees who did not hold ­supervisor-level positions.One official said that almost all of the critical threat-related information from Abu Zubaida was obtained during the period when he was questioned by Soufan at a hospital in Pakistan, well before he was interrogated by the CIA and waterboarded 83 times.Information obtained by Soufan, however, was passed up through the ranks of the U.S. intelligence community, the Justice Department and Congress as though it were part of what CIA interrogators had obtained, according to the committee report.
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  • The Senate Intelligence Committee is expected to vote Thursday to send an executive summary of the report to Obama for declassification. U.S. officials said it could be months before that section, which contains roughly 20 conclusions and spans about 400 pages, is released to the public. The report’s release also could resurrect a long-standing feud between the CIA and the FBI, where many officials were dismayed by the agency’s use of methods that Obama and others later labeled torture. CIA veterans have expressed concern that the report reflects FBI biases. One of its principal authors is a former FBI analyst,
  • “The CIA conflated what was gotten when, which led them to misrepresent the effectiveness of the program,” said a second U.S. official who has reviewed the report. The official described the persistence of such misstatements as among “the most damaging” of the committee’s conclusions.Detainees’ credentials also were exaggerated, officials said. Agency officials described Abu Zubaida as a senior al-Qaeda operative — and, therefore, someone who warranted coercive techniques — although experts later determined that he was essentially a facilitator who helped guide recruits to al-Qaeda training camps.The CIA also oversold the role of Abd al-Rahim al-Nashiri in the 2000 bombing of the USS Cole in Yemen, which killed 17 U.S. sailors. CIA officials claimed he was the “mastermind.” The committee described a similar sequence in the interrogation of Hassan Ghul, an al-Qaeda operative who provided a critical lead in the search for bin Laden: the fact that the al-Qaeda leader’s most trusted courier used the moniker “al-Kuwaiti.” But Ghul disclosed that detail while being interrogated by Kurdish authorities in northern Iraq who posed questions scripted by CIA analysts. The information from that period was subsequently conflated with lesser intelligence gathered from Ghul at a secret CIA prison in Romania, officials said. Ghul was later turned over to authorities in Pakistan, where he was subsequently released. He was killed by a CIA drone strike in 2012.
  • Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, has previously indicated that harsh CIA interrogation measures were of little value in the bin Laden hunt. “The CIA detainee who provided the most significant information about the courier provided the information prior to being subjected to coercive interrogation techniques,” Feinstein said in a 2013 statement, responding in part to scenes in the movie “Zero Dark Thirty” that depict a detainee’s slip under duress as a breakthrough moment.
  • As with Abu Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. On Sept. 22, 2003, he was flown from Kabul to a CIA black site in Romania. In 2006, he was taken to the U.S. military prison at Guantanamo Bay, Cuba. His attorneys contend that he suffered head trauma while in CIA custody. Last year, the Senate Intelligence Committee asked Baluchi’s attorneys for information about his medical condition, but military prosecutors opposed the request. A U.S. official said the request was not based solely on the committee’s investigation of the CIA program.
  • Officials said a former CIA interrogator named Charlie Wise was forced to retire in 2003 after being suspected of abusing Abu Zubaida using a broomstick as a ballast while he was forced to kneel in a stress position. Wise was also implicated in the abuse at Salt Pit. He died of a heart attack shortly after retiring from the CIA, former U.S. intelligence officials said.
Paul Merrell

U.S. "Stock Market Is Rigged" - 0 views

  • Steve Kroft reports on a new book from Michael Lewis, "Flash Boys," that reveals how a group of unlikely characters discovered how some high speed traders work the stock market to their advantage.  U.S. stock ownership is at a record low and less than half of Americans trust banks and financial services. And in the last two weeks, the New York attorney general and the Commodities Futures Trading Commission in Washington have both launched investigations into high-frequency computerized stock trading that now controls more than half the market.
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