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Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

www.mintpressnews.com/...212684

surveillance state Fresno citizen-threat-ranking Intrado Beware trade-secrets

shared by Paul Merrell on 12 Jan 16 - No Cached
  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
  • Paul Merrell on 12 Jan 16
     
    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Paul Merrell

James Comey remained at Justice Department as monitoring went on | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...ice-department-data-monitoring

surveillance state NSA FBI Comey Obama confirmation

shared by Paul Merrell on 04 Jul 13 - No Cached
  • James Comey famously threatened to resign from the Justice Department in 2004 over the warrantless surveillance of Americans' internet records. But once Justice Department and National Security Agency lawyers found a novel legal theory to cover the surveillance, the man Barack Obama tapped last week to lead the FBI stayed on as deputy attorney general for another year as the monitoring continued.Comey was the acting attorney general in March 2004, when long-simmering legal tensions over the online "metadata" surveillance pitted the Justice Department and FBI against the Bush White House and NSA. That incident, dramatically recounted by Comey to the Senate in May 2007, earned the 6ft 8in former federal prosecutor a reputation for integrity that has become central to his persona.
  • President Obama directly referred to that reputation when he nominated Comey to take over the FBI on June 21. Hovering over the announcement were the Guardian and Washington Post's revelations of wide-ranging surveillance efforts."To know Jim Comey is also to know his fierce independence and his deep integrity," Obama said. "He was prepared to give up a job he loved rather than be part of something he felt was fundamentally wrong."Except that a classified report recounting the incident, acquired by the Guardian, complicates that view. Comey threatened to resign over the perceived illegality of one aspect of the surveillance. But he remained at the Justice Department for another year as that effort, operating under a new legal theory, continued nearly unchanged.
  • Comey would later testify to the Senate that the episode was "the most difficult of my professional career."But "immediately," the NSA IG report shows, lawyers from the NSA and Comey's Justice Department "began efforts to recreate this authority." They found it in what the document nebulously refers to as a Pen Register/Trap and Trace Order – a reference to devices traditionally used by surveillance officials to record the incoming and outgoing calls made and received by a telephone.The Fisa court, the secret court that oversees NSA surveillance, approved the first such order for NSA to again collect and analyze large volumes of internet records from Americans on July 14 2004, barely three months after Comey's rebellion.
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  • "Although NSA lost access to the bulk metadata from 26 March 2004 until the order was signed, the order essentially gave NSA the same authority to collect bulk internet metadata that it had" previously, the NSA IG report reads, "except that it specified the datalinks from which NSA could collect, and it limited the number of people that could access the data."The surveillance Comey and his colleagues – including Mueller, the FBI director he is nominated to replace – objected to had merely been paused and rerouted under a new legal basis. Comey remained at the Justice Department as deputy attorney general until August 15, 2005.
  • Paul Merrell on 04 Jul 13
     
    Here's hoping that the Senate has the sense to reject James Comey as the new FBI Director. The FBI needs a Director and Comey's active assistance  in unconstitutional NSA surveillance, even if not an absolute disqualifier, cannot possibly be sorted out  during the foreseeable future.   Hey, Mr. President, how about a real civil libertarian instead?
Paul Merrell

White House: racial slurs in NSA intelligence material 'unacceptable' | World news | The Guardian - 0 views

www.theguardian.com/...racial-slurs-training-material

surveillance state NSA NSA-targets Muslims NSA-blowback

shared by Paul Merrell on 10 Jul 14 - No Cached
  • The White House has instructed US security agencies to review their training and policy materials for racial or religious bias after documents leaked by Edward Snowden showed training material for the intelligence agencies referring to "Mohammed Raghead".After an extensive investigation by the Intercept on Wednesday reported that the NSA and the FBI spied on the emails of five prominent US activists and attorneys with Muslim backgrounds, White House spokeswoman Caitlin Hayden said that the administration took accusations of the slurs "extremely seriously." "Upon learning of this matter, the White House immediately requested that the director of national intelligence undertake an assessment of intelligence community policies, training standards or directives that promote diversity and tolerance, and as necessary, make any recommendations changes or additional reforms," Hayden said.It is at least the second time the White House has ordered a review of agency training materials said to include offensive language.
  • Hayden declined to provide additional detail on the scope or duration of the investigation. But it is reminiscent of an earlier incident in which the White House ordered the government's vast counter-terrorism apparatus to find and purge inflammatory training material, particularly that which singled out Muslims for particular scrutiny. In 2011, this reporter published FBI training material instructing newer counter-terrorism agents that Islam itself was a threat to US national security and compared the prophet Muhammad to a cult leader. Initial FBI pushback gave way to an inquiry, at the instruction of the White House, that removed significant quantities of offensive or imprecise training material. That instruction came six years after the "Mohammed Raghead" material and stretched far beyond the FBI. Anti-Islam training material, including some urging "Hiroshima" tactics against Islamic nations, was found and removed from professional education courses for US military officers, at the behest of Army General Martin Dempsey, the chairman of the joint chiefs of staff.
  • The Obama administration has strained to reconcile the vast counter-terrorism bureaucracy with its policy declarations that the US is not at war with Islam and has attempted, with mixed results, to cultivate a less militarized and security-focused relationship with US Muslims, often preferring the term "countering violent extremism" over "counter-terrorism".In some anti-Islam circles, the removal of the instructional material is infamous and considered evidence of an administration capitulation to Islam – the exact opposite of the concern raised by the Intercept on Wednesday. The Intercept report, by former Guardian columnist Glenn Greenwald, Murtaza Hussain and Josh Meyer, suggested a persistent counter-terrorism atmosphere in which the mixture of Muslim heritage or faith and political activism attracted the scrutiny of US security agencies, despite first amendment protections. It presented the cases of five American activists and attorneys of Muslim heritage who appear to have been targeted for surveillance, at least between 2002 and 2008. None have been charged with a crime.
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  • The accusation is one of the gravest the US intelligence agencies have faced in the year since the Guardian and other news outlets began publishing material leaked by Snowden. A central aspect of the intelligence agency's public defense is that it cannot surveil US persons for constitutionally-protected activity and that its court-certified privacy protections are too robust to allow for privacy intrusions of the sort the Intercept reported.The allegation threatens to sever the tenuous relationship between US law enforcement and surveillance agencies and American Muslim communities, many of whom have long suspected that their government views them as an internal threat and not a population to be protected.The NSA, the Justice Department and the Office of the Director of National Intelligence sharply pushed back against the accusations that protected speech, unrelated to terrorism or espionage, turned American Muslims into counterterrorism targets.
  • US Muslim leaders and civil rights groups reacted with fury to the Intercept report.A coalition of 44 civil rights organizations wrote Obama on Wednesday to request a meeting with him, attorney general Eric Holder and FBI director James Comey. "In short, the government’s domestic counterterrorism policies treat entire minority communities as suspect, and American Muslims have borne the brunt of government suspicion, stigma and abuse," reads an open letter issued by a coalition that includes the ACLU, the Presbyterian Church (USA), the Arab-American Institute, and dozens of others.In a statement, the law firm Muslim Advocates said the spying, apparently conducted between 2002 and 2008, "confirms the worst fears of American Muslims"."The federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage," the group said. "The report clearly documents how biased training by the FBI leads to biased surveillance."
  • Vincent Warren, executive director of the Center for Constitutional Rights, issued a statement comparing the surveillance of Nihad Awad of the Council on American-Islamic Relations, named by the Intercept as one of the five surveillance targets, to the infamous surveillance of the Civil Rights Movement."The NSA’s surveillance of Nihad Awad and CAIR fits the same pattern as the FBI surveillance of Martin Luther King Jr, Ella Baker, Jesse Jackson, Malcolm X, and other leaders of the civil rights movement. Then it was based on manufactured suspicions of associations with the Communist party. Now it is seemingly based on unproven claims of tangential associations with Hamas," Warren said.
  • Paul Merrell on 10 Jul 14
     
    Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.
Gary Edwards

Great Privacy Essay: Fourth Amendment Doctrine in the Era of Total Surveillance | CIO - 0 views

www.cio.com/...era-of-total-surveillance.html

privacy the-Fourth-Amendment

shared by Gary Edwards on 04 Aug 14 - No Cached
  • Gary Edwards on 04 Aug 14
     
    "'Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance' is a thought-provoking essay written by a Fordham University law professor about how the reasonable expectation test for privacy is failing to protect us. Add into our networked world the third-party doctrine and we have little protection against unreasonable searches and seizures."
  • Paul Merrell on 05 Aug 14
     
    It doesn't detract substantially from the essay's central thesis, but an important part of the learned professor's heartfelt desires were delivered in a Supreme Court decision just decided, after the essay was published, Reilly v. California, http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf The Court held in relevant part: "We also reject the United States' final suggestion that officers should always be able to search a phone's call log, as they did in Wurie's case. The Government relies on Smithv. Maryland, 442 U. S. 735 (1979), which held that no warrant was required to use a pen register at telephone company premises to identify numbers dialed by a particular caller. The Court in that case, however, concluded that the use of a pen register was not a "search" at all under the Fourth Amendment. See id., at 745-746. There is no dispute here that the officers engaged in a search of Wurie's cell phone. Moreover, call logs typically contain more than just phone numbers; they include any identifying information that an individual might add, such as the label "my house" in Wurie's case." The effect there was to confine Smith v. Maryland, the foundation of the third-party doctrine, to its particular facts. In other words, the third-party doctrine is now confined to connected telephone numbers, the connect time, and the duration of the call. If any other metadata is gathered, such as location data, the third-party doctrine no longer applies. When you read the rest of the Reilly decision, you see a unanimous Supreme Court shooting down one government defense after another that have been used in the NSA's defense to mass telecommunications surveillance. But most interestingly, the Court unmistakably has laid the groundwork for a later decision drastically cutting back on digital surveillance without a search warrant based on particularized probable cause to believe that evidence of a specific crime has occurred and that the requested sear
Paul Merrell

Did Members of the US-Led Coalition Carry Out an Air Strike to Help ISIS? Russia Implies They Did - 0 views

russia-insider.com/...ri11749

war & peace Syria Russia U.S.-coalition ISIL-collaboration

shared by Paul Merrell on 16 Dec 15 - No Cached
  • The argument over the air strike on the Syrian military base in Deir az-Zor has taken a strange and worrying turn.The US has categorically denied that any of its aircraft were involved. It has admitted that its aircraft were in the area, but says that they carried out an air strike 55 km away.The Russians say that is true. However, they also say that it is not the whole truth.The Russians say that in addition to the US aircraft, two pairs of aircraft - in other words four aircraft in total - from two other countries that are also members of the US led coalition were also flying at the time of the air strike over Deir az-Zor.The Russians have not actually said it was these aircraft that carried out the air strike. However, they have pointed out that the US has failed to admit to the presence of these aircraft. They are asking why?
  • It is the broadest of hints, and it is difficult to believe that the Russians do not think that it was these aircraft that carried out the air strike.This information - if it is true - begs a host of questions.Firstly, the Syrian military base that was hit by the air strike was apparently the scene of a bitter battle between the Syrian military and the Islamic State.  It seems that shortly after the air strike - and most probably as a result of it - the Islamic State’s fighters were able to storm it.Inevitably, that begs the question of whether the aircraft that carried out the air strike were providing air support to the fighters of the Islamic State.  On the face of it, it looks like they were. After all, if what happened was simply a mistake, it might have been expected that the US and its allies would say as much.If so, it is an extremely serious and worrying development, suggesting that some members of the US-led anti-Islamic State coalition are actually in league with the Islamic State.
  • Secondly, Deir az-Zor is the area of Syria from which the Islamic State exports most of its oil. Again, this inevitably begs the question of whether the Islamic State attack on the base - and the air strike seemingly carried out in support of it - was in some way connected to the illegal oil trade, and might have been intended to protect it.Thirdly, there is the obvious question of which countries’ aircraft were involved. The Russians are not identifying these countries - at least for the moment - though they obviously know or think they know which they are.  The one thing however that the Russians are saying is that the aircraft of more than one country was involved.The Russians are also drawing attention to the US’ failure to admit to the presence of the aircraft of these countries, which strongly suggests that the US is protecting them, whichever countries they are.Lastly, it is interesting that the Russians seem to be so well informed about this incident.  If the Russians do indeed know how many aircraft from the US-led coalition were flying at any one time over Der az-Zor, and can identify the countries they belong to, then the inescapable conclusion is that their surveillance and intelligence operation in Syria is very effective indeed.
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  • This raises the interesting possibility that this sort of thing has not only happened before, but that it has been going on unreported for some time, and that the reason why the Russians made so much of this particular incident was so as to warn the US that with the Russian surveillance and intelligence operation in Syria now so good the US cannot get away with doing this sort of thing any longer. If Russian reporting of this incident is intended as a warning to the US, then that might explain why the Russians have held back information about the identity of the countries whose aircraft were involved in this incident.  With the warning made, the Russians may feel that there is no reason to inflame the situation further by making public accusations against particular countries, whose governments would have no option but to dispute them.As is now happening continuously with news coming out of Syria, Western governments and the Western media have pulled down a curtain of silence over this story.This is scarcely surprising since any hint that any Western ally is in league with the Islamic State - even in the most informal sense - would after the Paris attacks be politically explosive.
  • In the case of Britain - if it was its aircraft that were involved - an attack on a Syrian military base would be in open defiance of the will of the British parliament.The attempt to suppress information about this incident however in no way diminishes its importance.  The two coalitions supposedly fighting the Islamic State - the US-led coalition and the Russian-led coalition - have in the space of just two weeks twice fought each other - once when the SU24 was shot down, and now with the attack on the Syrian base.  On both occasions it was members of the US-led coalition that acted as the aggressors.That makes it doubly important that as many people as possible are informed about this incident.In the meantime it is a certainty that all sorts of angry conversations are going on about it at various levels between Moscow and Washington.
Paul Merrell

Remember when Obama said the NSA wasn't "actually abusing" its powers? He was wrong. - 1 views

www.washingtonpost.com/...busing-its-powers-he-was-wrong

surveillance state NSA Obama lies

shared by Paul Merrell on 06 Sep 13 - No Cached
  • At a news conference Friday, President Obama insisted that the threat of NSA abuses was mostly theoretical: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused. Now part of the reason they’re not abused is because they’re — these checks are in place, and those abuses would be against the law and would be against the orders of the FISC [Foreign Intelligence Surveillance Court]. Today our colleague Barton Gellman released new documents that contradicted Obama’s claims. Gellman obtained an audit of the NSA’s compliance record from NSA leaker Snowden earlier this summer. The audit, dated May 2012, counted 2,776 incidents in the preceding 12 months where the agency engaged in “unauthorized collection, storage, access to or distribution of legally protected communications.” The audit only covered issues at NSA facilities in the D.C. and Fort Meade areas.
  • Obama said that wasn’t supposed to happen because it would be “against the orders of the FISC.” So why didn’t the judges on the court catch these abuses? In another story broken by The Post today, the chief of the Foreign Intelligence Surveillance Act (FISA) Court admits he doesn’t actually have the capability to investigate the compliance record of NSA surveillance programs:
  • Under the FISA regime, the government doesn’t have to seek permission for individual surveillance targets. Instead, it seeks FISC approval for broad schemes of surveillance like PRISM and the phone records program. But that makes it extremely difficult for the FISC to check the court’s work, since the NSA can — and, apparently, did — hide misconduct from the court that’s supposedly supervising its activities.
Paul Merrell

CNN apologizes for commentator who called WikiLeaks founder a 'pedophile' | McClatchy DC - 0 views

www.mcclatchydc.com/...article124566504.html

WIkileaks Assange libel Dark-State harrassment

shared by Paul Merrell on 07 Jan 17 - No Cached
  • In fact, the pedophile allegation has little to do with Assange’s plight that has kept him in the embassy in London, which involves incidents in Stockholm in the summer of 2010.
  • Rather, it is a bizarre tale involving a Houston-based dating website and its global and well-funded efforts to discredit Assange around the globe. The byzantine saga involves disconnected telephones and mystery websites. The website, toddandclare.com, launched and ramped up its efforts against Assange during the U.S. presidential campaign, as WikiLeaks released hacked emails related to the campaign of Democratic nominee Hillary Clinton.Whoever is behind the dating site has marshaled significant resources to target Assange, enough to gain entry into a United Nations body, operate in countries in Europe, North America and the Caribbean, conduct surveillance on Assange’s lawyer in London, obtain the fax number of Canada’s prime minister and seek to prod a police inquiry in the Bahamas.The dating site’s campaign sought to thwart WikiLeaks’ efforts and discredit Assange, who played a role in a presidential campaign season that deeply divided the U.S. electorate and illuminated Russia as a major cyber adversary of the U.S. government.One part of toddandclare’s two-pronged campaign put a megaphone to unproven charges that Assange made contact with a young Canadian girl in the Bahamas through the internet with the intention of molesting her. The second part sought to entangle him in a plan to receive $1 million from the Russian government.
  • WikiLeaks claims the dating site is “a highly suspicious and likely fabricated” company. In turn, the company has lashed out at Assange and “his despicable activities against American national security,” and warned journalists to “check with your libel lawyers first before printing anything that could impact or endanger innocent people’s lives.”For nearly two months after the October allegations, toddandclare.com went off line. But it recently reappeared, repeating charges about the 8-year-old Canadian girl. The website did not immediately respond Thursday to a new query from McClatchy, and no respondent in the past has given a name or allowed telephone contact.The online company paints itself as all-American. Online material says its founders, Todd and Clare Hammond, “are an average American couple from Michigan, who met in the eighth grade.” In 2011, the company says, the Christian couple started an email dating service, and “have married 3,000 couples to date.” Their online network began in 2015, and a statement it filed to a U.N. body says it has “100,000+ female singles” in six countries. The company’s operating address is a warehouse loading dock in Houston. Its mail goes to a Houston drop box. Its phone numbers no longer work. WikiLeaks says Texas officials tell it the entity is not registered there either under toddandclare.com or a parent company, T&C Network Solutions.A person who answered emails to the website in November declined to identify him or herself.
  • ...5 more annotations...
  • The people behind toddandclare.com persuaded a U.N. body known as the Global Compact to give it status as a participant in May, and it submitted an eight-page report to the U.N. group Oct. 4 carefully laying out its allegations against Assange. The firm was delisted by the U.N. body eight days later amid controversy over its claims. The report was later taken off the internet. An Australian lawyer, Melinda Taylor, said the report’s precise language raised additional suspicions at WikiLeaks, where she assists Assange in human rights litigation.“This is not a report that’s been drafted by a dating agency. It’s highly legalistic and very structured. It’s the language of someone who has drafted complex legal submissions,” she said.Under Todd Hammond’s name, the report alleged that Assange’s Swedish lawyer had reached out in June to offer Assange’s services on a campaign against rape in exchange for an undisclosed amount of bitcoin. It said the two sides held two videoconferences.Then came the bombshell: It said the company had ended ties with Assange following “pedophile crimes” he had committed in the Bahamas in late September. It charged that the victim was the 8-year-old daughter of a Canadian couple on a monthlong yachting vacation. The father went to police in Nassau on Sept. 28, the report claimed, charging that his family held video and chat logs showing Assange “internet grooming” the child and “propositioning the 8-year-old juvenile ‘to perform oral and anal sex acts.’ ”It said Assange made a connection to the child’s 22-year-old sister, who was a client of the online dating site, from his refuge in London, eventually gaining access to the young girl.
  • An assistant commissioner for the Royal Bahamas Police Force, Stephen Dean, said “there is no investigation” into any such incident and that the police have received no evidence that such an incident occurred.“We got a phone call of someone giving us some information. But we never had a face-to-face. It could have been a hoax,” Dean said. “We don’t know.”If someone were in possession of video or chat logs about a pedophile crime, he or she did not provide them to Bahamian police, Dean said, which he said would be odd: “If you have something so significant, I think you’d want to leave a report.”Assange’s Swedish lawyer, Per Samuelson, wrote to the U.N. body on Oct. 10 alleging that Hammond’s report against Assange was “entirely false” in all its facets and that he had had no contact with the dating site or Hammond.Even as authorities in the Bahamas dismissed the report, the dating site sent a fax Oct. 17 to Canadian Prime Minister Justin Trudeau saying the Canadian family had fled the Bahamas due to “anti-white, racist abuse by Bahamian police.”“Julian Assange ... has started a smear campaign to claim our dating company is behind an elaborate scam. It is fully to be expected. Pedophiles are devious and cunning,” the fax said.The company said it would “continue to protect the family’s identity, until either the (Royal Bahamas Police Force) conduct a proper investigation, or hell freezes over. Whichever comes first.”
  • The fax was signed, “The Todd and Clare Team,” and left no way to contact the firm.While the founders of toddandclare.com say they’ve been in the matchmaking business since 2011, their internet presence dates only to September 2015 and really got going only early last year. Those who have done work for the company say they were kept at arm’s length.By summer, in the run-up to what many expected to be an “October surprise” from WikiLeaks to make an impact on the U.S. election, toddandclare.com began moving against Assange in multiple countries simultaneously. The DNC and a cyber-threat intelligence firm it had hired, CrowdStrike, were already fingering Russia as behind the hacks that would provide the fodder for WikiLeaks. They’d said in June that Russian hackers had access to DNC servers for about a year.A company representative, identifying herself as Hannah Hammond, emailed Assange’s Swedish and British legal agents offering $1 million for him to appear in a five-minute tongue-in-cheek television advertisement. In a subsequent exchange Sept. 19, the representative wrote that “the source of the $1,000,000 is the Russian government.”In a curious twist, she offered what she said were three facts about Assange’s London attorney that are “unknown to the public,” including details inside her home and an event in her son’s life, suggesting a capability to conduct surveillance.Taylor, the Assange lawyer, said the details appeared “to create the impression that the members of his team were under close surveillance and/or to bolster the bona fides of the claim that the offer was linked to a State. Its inclusion does appear quite menacing.”
  • A lawyer identifying himself only as “James” responded the next day, slamming the offer as an “elaborate scam designed to entrap” Assange and embarrass him for ties to Russia.The dating site representative sought to pull the veil off “James.”“Julian: We know it’s you writing. The offer expires at midnight, October 31st 2016,” she wrote back on Sept. 21, according to copies of the emails posted by WikiLeaks on its website.By early October, toddandclare.com went on the offensive. It filed a civil complaint in a British court against Assange, seeking 295 pounds sterling – about $359 – in damages because it said it could no longer use his services due to the “child sex offenses in Nassau.”The suit, said Taylor, Assange’s lawyer, “seems to be designed to evade defamation law in the U.K. They’ve put highly noxious information knowing that it would be made public.”The global tussle between the online dating company and WikiLeaks went public in mid-October when the anti-secrecy group voiced public doubt on whether toddandclare.com actually existed, or served only as a vehicle to attack Assange.
  • The announcement opened the gates for a disparate crew of internet sleuths – some motivated by hatred of Clinton and others impelled by support for WikiLeaks – to probe into the history of toddandclare.com, suspicious that the dating site might be an undercover operation with links to the Clinton campaign.Posting their findings on the discussion websites like Reddit.com, they unearthed some curious coincidences. A perusal into the archives of the internet revealed that the Hammonds had once occupied a San Francisco building later rented to a company, Premise Data, whose co-founder has ties to Clinton and her top supporters.Moreover, a telephone number once registered to a Todd Hammond later was registered to a former Premise employee, Aaron Dunn, although with a different area code.Premise co-founder David Soloff said such findings could only be coincidences.“I want to reiterate that Premise has no connection with this case. And beyond confirming that Aaron Dunn worked at Premise until 2014, I don’t know the answer to any of your questions,” Soloff wrote in an email.
Paul Merrell

Lack of Due Diligence: The NSA's "the Analyst Didn't Give a Fuck" Violation | emptywheel - 0 views

www.emptywheel.net/...st-didnt-give-a-fuck-violation

surveillance state NSA privacy-violations stats lies

shared by Paul Merrell on 17 Aug 13 - No Cached
  • The NSA claims there have been no willful violations the law relating to the NSA databases. For example, NSA’s Director of Compliance John DeLong just said ”NSA has a zero tolerance policy for willful misconduct. None of the incidents were willful.” House Intelligence Chair Mike Rogers just said the documents show “no intentional or willful violations.” Which is why I want to look more closely at the user error categories included in the May 3, 2012 audit. The report doesn’t actually break down the root cause of errors across all violations. But it does for 3 different types of overlapping incident types (the 195 FISA authority incidents, the 115 database query ones, and the 772 S2 Directorate violations).
  • What I’m interested in are the three main types of operator error: human error, resources, and lack of due diligence.
  • But then there’s a third category: lack of due diligence. The report defines lack of due diligence as “a failure to follow standard operating procedures.” But some failure to follow standard operating procedure is accounted for in other categories, like training, the misapplied query techniques, and the apparent inadequate research violations. This category appears to be something different than the “honest mistake” errors categorized under human error. In fact, by the very exclusion of these violations from the “human error” category, NSA seems to be admitting these violations aren’t errors. These violations of standard operating procedures, it seems, are intentional. Not errors. Willful violations. At the very least, this category seems to count the violations on behalf of analysts who just don’t give a fuck what he rules are, they’re going to ignore the rules. This category, what consider the “Analyst didn’t give a fuck” category, accounts for 9% to 20% of all the violations broken out by root cause.
  • ...1 more annotation...
  • In aggregate, these violations may not amount to all that many given the thousands of queries run every year — they make up just 68 of the violations in S2, for example. Those 68 due diligence violations make up almost 8% of the violations in the quarter, not counting due diligence violations that may have happened in other Directorates. John DeLong, who is in charge of compliance at NSA, says the Agency has zero tolerance for willful misconduct. But the NSA appears to have a good deal more tolerance for a lack of due diligence.
  • Paul Merrell on 17 Aug 13
     
    Marcy at EmptyWheel digs into the leaked NSA audit reports and exposes what appears to be another Obama Administration lie: that none of the violations of surveillance law by NSA staff were willful. NSA appears to be hiding the willful violations under the misleadingly titled "lack of due diligence" category. Who says numbers can't lie, if they're miscategorized?   
Paul Merrell

Live blog: NSA Hearing - CNN Political Ticker - CNN.com Blogs - 0 views

politicalticker.blogs.cnn.com/...comment-page-4

surveillance state NSA 50-thwarted-plots Senate-Intelligence-Committee

shared by Paul Merrell on 22 Jun 13 - No Cached
  • In a hearing Tuesday with the House Permanent Select Committee on Intelligence, the director of the National Security Agency, Keith Alexander, said that since 9/11, there have been more than 50 terror plots thwarted with the help of NSA surveillance programs. Four of those incidents were detailed at the hearing, including thwarted plots to bomb the New York subway system and the New York Stock Exchange by linking known suspects in Pakistan and Yemen to contacts in the United States. NSA officials are set to disclose information about the other cases in a private session with lawmakers on Wednesday.
  • Paul Merrell on 22 Jun 13
     
    Note that while the Senate Intelligence Committee gets information on 50 plots allegedly thwarted by NSA surveillance, only 4 are identified publicly.  And of course the Intelligence Committee members can't reveal the 46 classified claims without being accused of disclosing classified information. So it's still "trust us" on the other 46.  
Paul Merrell

My family's Google searching got us a visit from counterterrorism police | Michele Catalano | Comment is free | theguardian.com - 0 views

www.theguardian.com/...nment-tracking-google-searches

surveillance state NSA surveillance-incidents lies

shared by Paul Merrell on 02 Aug 13 - No Cached
  • Paul Merrell on 02 Aug 13
     
    Note the difference between the author's statement that the Google searches were conducted on their home computers, while the police claim the searches were conducted on a workplace computer, which is essential to the explanation of the discovery of the searches by an unnamed computer company "regarding suspicious searches conducted by a recently released employee." It seems far more likely that this is a police cover story for information gained through NSA surveillance.  
Paul Merrell

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

www.wired.com/...freedom-hosting-fbi

surveillance state FBI Tor NSA

shared by Paul Merrell on 05 Oct 13 - No Cached
  • It wasn’t ever seriously in doubt, but the FBI yesterday acknowledged that it secretly took control of Freedom Hosting last July, days before the servers of the largest provider of ultra-anonymous hosting were found to be serving custom malware designed to identify visitors. Freedom Hosting’s operator, Eric Eoin Marques, had rented the servers from an unnamed commercial hosting provider in France, and paid for them from a bank account in Las Vegas. It’s not clear how the FBI took over the servers in late July, but the bureau was temporarily thwarted when Marques somehow regained access and changed the passwords, briefly locking out the FBI until it gained back control. The new details emerged in local press reports from a Thursday bail hearing in Dublin, Ireland, where Marques, 28, is fighting extradition to America on charges that Freedom Hosting facilitated child pornography on a massive scale. He was denied bail today for the second time since his arrest in July. Freedom Hosting was a provider of turnkey “Tor hidden service” sites — special sites, with addresses ending in .onion, that hide their geographic location behind layers of routing, and can be reached only over the Tor anonymity network. Tor hidden services are used by sites that need to evade surveillance or protect users’ privacy to an extraordinary degree – including human rights groups and journalists. But they also appeal to serious criminal elements, child-pornography traders among them.
  • On August 4, all the sites hosted by Freedom Hosting — some with no connection to child porn — began serving an error message with hidden code embedded in the page. Security researchers dissected the code and found it exploited a security hole in Firefox to identify users of the Tor Browser Bundle, reporting back to a mysterious server in Northern Virginia. The FBI was the obvious suspect, but declined to comment on the incident. The FBI also didn’t respond to inquiries from WIRED today. But FBI Supervisory Special Agent J. Brooke Donahue was more forthcoming when he appeared in the Irish court yesterday to bolster the case for keeping Marques behind bars, according to local press reports. Among the many arguments Donahue and an Irish police inspector offered was that Marques might reestablish contact with co-conspirators, and further complicate the FBI probe. In addition to the wrestling match over Freedom Hosting’s servers, Marques allegedly dove for his laptop when the police raided him, in an effort to shut it down.
  • The apparent FBI-malware attack was first noticed on August 4, when all of the hidden service sites hosted by Freedom Hosting began displaying a “Down for Maintenance” message. That included at least some lawful websites, such as the secure email provider TorMail. Some visitors looking at the source code of the maintenance page realized that it included a hidden iframe tag that loaded a mysterious clump of Javascript code from a Verizon Business internet address. By midday, the code was being circulated and dissected all over the net. Mozilla confirmed the code exploited a critical memory management vulnerability in Firefox that was publicly reported on June 25, and is fixed in the latest version of the browser. Though many older revisions of Firefox were vulnerable to that bug, the malware only targeted Firefox 17 ESR, the version of Firefox that forms the basis of the Tor Browser Bundle – the easiest, most user-friendly package for using the Tor anonymity network. That made it clear early on that the attack was focused specifically on de-anonymizing Tor users. Tor Browser Bundle users who installed or manually updated after June 26 were safe from the exploit, according to the Tor Project’s security advisory on the hack.
  • ...2 more annotations...
  • Perhaps the strongest evidence that the attack was a law enforcement or intelligence operation was the limited functionality of the malware. The heart of the malicious Javascript was a tiny Windows executable hidden in a variable named “Magneto.” A traditional virus would use that executable to download and install a full-featured backdoor, so the hacker could come in later and steal passwords, enlist the computer in a DDoS botnet, and generally do all the other nasty things that happen to a hacked Windows box. But the Magneto code didn’t download anything. It looked up the victim’s MAC address — a unique hardware identifier for the computer’s network or Wi-Fi card — and the victim’s Windows hostname. Then it sent it to a server in Northern Virginia server, bypassing Tor, to expose the user’s real IP address, coding the transmission as a standard HTTP web request.
  • The official IP allocation records maintained by the American Registry for Internet Numbers show the two Magneto-related IP addresses were part of a ghost block of eight addresses that have no organization listed. Those addresses trace no further than the Verizon Business data center in Ashburn, Virginia, 20 miles northwest of the Capital Beltway. The code’s behavior, and the command-and-control server’s Virginia placement, is also consistent with what’s known about the FBI’s “computer and internet protocol address verifier,” or CIPAV, the law enforcement spyware first reported by WIRED in 2007. Court documents and FBI files released under the FOIA have described the CIPAV as software the FBI can deliver through a browser exploit to gather information from the target’s machine and send it to an FBI server in Virginia. The FBI has been using the CIPAV since 2002 against hackers, online sexual predators, extortionists, and others, primarily to identify suspects who are disguising their location using proxy servers or anonymity services, like Tor. Prior to the Freedom Hosting attack, the code had been used sparingly, which kept it from leaking out and being analyzed.
  • Paul Merrell on 05 Oct 13
     
    Taking down the entire Freedom Hosting service because some content was kiddie porn is reminiscent of the U.S. government's proxy take-down of Mega-Upload in New Zealand. Such actions that disable legitimate users or deny access to their data are in my opinion violative of the 1st and 4th Amendments.  It suppresses the Freedom of Speech and seizes more than the 4th Amendment allows.  That our own government would use malware for surveillance purposes under any circumstance is just plain chilling.
Paul Merrell

Proposed changes to US data collection fall short of NSA reformers' goals | US news | The Guardian - 0 views

www.theguardian.com/...-data-collection-nsa-reformers

surveillance state NSA-reform DNI Clapper voluntary-reforms

shared by Paul Merrell on 05 Feb 15 - No Cached
  • The US intelligence community has delivered a limited list of tweaks to how long it can hold information on ordinary citizens and hide secret trawls for data, responding to Barack Obama’s call for reform of its surveillance practices in the wake of revelations about NSA practices. Published by the office of the director of national intelligence, James Clapper, just six days before a recently announced visit to Washington by the German chancellor, Angela Merkel, the report is the culmination of a year-long effort to respond to revelations by whistleblower Edward Snowden.
  • But the report does not appear to address the role of telecommunications companies in collecting metadata and the use of encryption to prevent hacking, and privacy critics were quick to pounce on a year of promises with little reform to show. “It’s hard to see much ‘there’ there,” Senator Ron Wyden said in a statement. “When it comes to reforming intelligence programs and protecting Americans’ privacy, there is much, much more work to be done.” The outline from the intelligence community also appears to fall short of the legislative changes attempted by campaigners in Congress, focusing instead on measures to tighten internal guidelines and provide foreigners with some of the protections allowed for US citizens. These measures include:
  • Limiting how long personal data gathered from non-US citizens can be held to five years, so long as it is deemed not relevant to ongoing intelligence investigations. Asking Congress to provide some foreign nationals access to legal redress if their private information has been wilfully disclosed by US intelligence agencies. Limiting to three years how long the FBI can prevent disclosure of its surveillance activities using so-called national security letters, unless a special agent deems otherwise.
  • ...3 more annotations...
  • The official results of Obama’s call for surveillance reform also appear to have failed to address encryption. The FBI director, James Comey, and other officials have been highly critical of the use of encryption by tech companies such as Apple to protect their users’ information. Comey has argued that stronger encryption, baked in to some technology after the Snowden revelations, will aid criminals and terrorists and shut out law enforcement.
  • Other measures outlined in the new report include steps to clarify the protection given to whistleblowers if they follow internal rules and a requirement that “any significant compliance incident involving personal information, regardless of the person’s nationality” be reported to Clapper.
  • The intelligence report itself acknowledges that further reforms called for by the president, such as ending the collection of bulk data by the government, have not been implemented, possibly due to stalled legislative efforts in Congress.
Paul Merrell

NSA Critics, Right All Along | National Review Online - 1 views

www.nationalreview.com/...ht-all-along-charles-c-w-cooke

surveillance state NSA Obama lies

shared by Paul Merrell on 06 Sep 13 - No Cached
  • Barton Gellman’s explosive story in last Thursday’s Washington Post revealed an unnerving audit of the National Security Agency that showed, among other things, that the federal government “broke privacy rules thousands of times per year” in conducting extensive and “unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order.” Thus was put convincingly to bed the now-obselete notion that the NSA’s claim on the privacy of the righteous was merely declaratory.
  • Contrary to the self-satisfied insistence of America’s national-security apologists, none of the excuses made on behalf of the NSA are reassuring. To both their credit and discredit, people in the United States continue to exhibit a definite fear of accusing public servants of mendacity. It is therefore apparently beyond the pale to suggest that President Obama was “lying” when he promised that the “transparent” NSA has not been “actually abusing” its power and that “we don’t have a domestic spying program.” For the sake of this column, I shall defer to the tradition.
  • Nevertheless, if Obama was in fact not lying, then there remain only two reasonable options as to why his explanations and the truth are so far removed from one another: Either the president of the United States is so genuinely and worryingly out of touch with his own NSA that he has no idea what is going on, or his conception of what constitutes “abuse” is appreciably different enough from everyone else’s that he is unsuited to the high office he holds. As The Atlantic’s Conor Friedersdorf helpfully clarifies: “The 2,776 incidents of illegal surveillance” that the audit revealed “don’t mean that just 2,766 people had their rights violated — in just a single one of those 2,776 incidents, 3,000 people had their rights violated,” sometimes because operators inadvertently started tracking all calls into Washington, D.C. If this is not “abuse,” what is?
  • Paul Merrell on 06 Sep 13
     
    Let's always keep in mind that the NSA audits are only spot checks and that far more database queries are never audited. 
Gary Edwards

Is The US Using Prism To Engage In Commercial Espionage Against Germany And Others? | Techdirt - 1 views

www.techdirt.com/...e-against-germany-others.shtml

NSA-Patriot-Act-NDAA

shared by Gary Edwards on 07 Aug 13 - No Cached
  • Gary Edwards on 07 Aug 13
     
    Meanwhile, illegal NSA spying is expected to cost USA Cloud Computing companies $35 Billion in lost sales and services. "whistleblower Edward Snowden worked for the CIA, rather than the NSA. Here's the original text in the Guardian: By 2007, the CIA stationed him with diplomatic cover in Geneva, Switzerland. His responsibility for maintaining computer network security meant he had clearance to access a wide array of classified documents. That access, along with the almost three years he spent around CIA officers, led him to begin seriously questioning the rightness of what he saw. He described as formative an incident in which he claimed CIA operatives were attempting to recruit a Swiss banker to obtain secret banking information. Snowden said they achieved this by purposely getting the banker drunk and encouraging him to drive home in his car. When the banker was arrested for drunk driving, the undercover agent seeking to befriend him offered to help, and a bond was formed that led to successful recruitment. In that quotation, there's the nugget of information that the CIA was not targeting terrorists on this occasion, at least not directly, but "attempting to recruit a Swiss banker to obtain secret banking information". That raises an interesting possibility for the heightened interest in Germany, as revealed by Boundless Informant. Given that the NSA is gathering information on a large scale -- even though we don't know exactly how large -- it's inevitable that some of that data will include sensitive information about business activities in foreign countries. That could be very handy for US companies seeking to gain a competitive advantage, and it's not hard to imagine the NSA passing it on in a suitably discreet way. Germany is known as the industrial and economic powerhouse of Europe, so it would make sense to keep a particularly close eye on what people are doing there -- especially if those people happen to work in companies that compete with US firms.
  • Paul Merrell on 08 Aug 13
     
    Closely related: see http://www.theguardian.com/business/2013/aug/02/telecoms-bt-vodafone-cables-gchq (,) an article on British telecom's collaboration with wiretapping by the UK's counterpart to the NSA, GCHQ. According to an inside source: "The source said analysts used four criteria for determining what was examined: security, terror, organised crime and Britain's economic wellbeing." I also recall that years ago during the furor over the Echelon system, an EU Parliament investigation had concluded that there were concrete instances of commercial intelligence being passed on by NSA to American companies. Specifically, I recall a finding that during development of the AirBus, details of its design had been intercepted by NSA and passed on to Boeing. There was testimony received that more generically discussed the types of economic surveillance conducted. http://cryptome.org/echelon-nh.htm (page search for "economic"). The same researcher stressed that in public statements: "Those targets like terrorism and weapons transport are used as a cover for the traditional areas of spying, the predominant areas of spying, which are political, diplomatic, economic and military."
Paul Merrell

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

justsecurity.org/...-letter-uninformed-fair-minded

surveillance state FBI Comey encryption backdoors

shared by Paul Merrell on 21 May 15 - No Cached
  • Earlier today, FBI Director James Comey implied that a broad coalition of technology companies, trade associations, civil society groups, and security experts were either uninformed or were not “fair-minded” in a letter they sent to the President yesterday urging him to reject any legislative proposals that would undermine the adoption of strong encryption by US companies. The letter was signed by dozens of organizations and companies in the latest part of the debate over whether the government should be given built-in access to encrypted data (see, for example, here, here, here, and here for previous iterations). The comments were made at the Third Annual Cybersecurity Law Institute held at Georgetown University Law Center. The transcript of his encryption-related discussion is below (emphasis added).
  • Increasingly, communications at rest sitting on a device or in motion are encrypted. The device is encrypted or the communication is encrypted and therefore unavailable to us even with a court order. So I make a showing of probable cause to a judge in a criminal case or in an intelligence case to the Foreign Intelligence Surveillance Court judge that the content of a particular defense or a particular communication stream should be collected to our statutory authority, and the judge approves, increasingly we are finding ourselves unable to read what we find or we’re unable to open a device. And that is a serious concern. I am actually — I think encryption is a good thing. I think there are tremendous societal benefits to encryption. That’s one of the reasons the FBI tells people not only lock your cars, but you should encrypt things that are important to you to make it harder for thieves to take them.
  • A group of tech companies and some prominent folks wrote a letter to the President yesterday that I frankly found depressing. Because their letter contains no acknowledgment that there are societal costs to universal encryption. Look, I recognize the challenges facing our tech companies. Competitive challenges, regulatory challenges overseas, all kinds of challenges. I recognize the benefits of encryption, but I think fair-minded people also have to recognize the costs associated with that. And I read this letter and I think, “Either these folks don’t see what I see or they’re not fair-minded.” And either one of those things is depressing to me. So I’ve just got to continue to have the conversation. I don’t know the answer, but I don’t think a democracy should drift to a place where suddenly law enforcement people say, “Well, actually we — the Fourth Amendment is an awesome thing, but we actually can’t access any information.”
  • ...2 more annotations...
  • But we have a collision going on in this country that’s getting closer and closer to an actual head-on, which is our important interest in privacy — which I am passionate about — and our important interest in public safety. The logic of universal encryption is inexorable that our authority under the Fourth Amendment — an amendment that I think is critical to ordered liberty — with the right predication and the right oversight to obtain information is going to become increasingly irrelevant. As all of our lives become digital, the logic of encryption is that all of our lives will be covered by strong encryption, therefore all of our lives — I know there are no criminals here, but including the lives of criminals and terrorists and spies — will be in a place that is utterly unavailable to court ordered process. And that, I think, to a democracy should be very, very concerning. I think we need to have a conversation about it. Again, how do we strike the right balance? Privacy matters tremendously. Public safety, I think, matters tremendously to everybody. I think fair-minded people have to recognize that there are tremendous benefits to a society from encryption. There are tremendous costs to a society from universal strong encryption. And how do we think about that?
  • We’ve got to have a conversation long before the logic of strong encryption takes us to that place. And smart people, reasonable people will disagree mightily. Technical people will say it’s too hard. My reaction to that is: Really? Too hard? Too hard for the people we have in this country to figure something out? I’m not that pessimistic. I think we ought to have a conversation.
  • Paul Merrell on 21 May 15
     
    Considering that I'm over 10 times as likely to die from a police shoooting as I am from a terrorist attack, how about we begin this conversation, Mr. Comey, by you providing formal notice to everyone who's had the telephone metadata gathered or searched all dates on which such gatherings and searches were conducted so citizens can file suit for violation of their privacy rights? Note that the Second U.S. Circuit Court of Appeals held last week that the FBI exceeded statutory authority in gathering and searching that information. Because the gathering and searching was not authorized, that would bring the gathering and searching under the protections of the Privacy Act, including the FBI duty to account for the disclosures  and to pay at least the statutory minimum $1,500 in damges per incident.  Then I would like to have an itemization of all of the commercial software and hardware products that your agency and or your buddies at NSA built backdoors into.  Then your resignation for millions of violations of the Privacy Act would be deeply appreciated. Please feel free to delegate the above mentioned tasks to your successor. 
Paul Merrell

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

www.mintpressnews.com/...191918

surveillance state NSA Germany criminal-investigation

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

Putin Throws Down the Gauntlet - 0 views

www.counterpunch.org/...ce-to-pull-back-from-the-brink

war & peace Syria Assad Russia U.S.-foreign-policy

shared by Paul Merrell on 16 Dec 15 - No Cached
  • Would you be willing to defend your country against a foreign invasion? That’s all Putin is doing in Syria. He’s just preempting the tidal wave of jihadis that’ll be coming his way once the current fracas is over.  He figures it’s better to exterminate these US-backed maniacs in Syria now than face them in Chechnya, St Petersburg and Moscow sometime in the future.  Can you blame him? After all, if Washington’s strategy works in Syria, then you can bet they’ll try the same thing in Beirut, Tehran and Moscow. So what choice does Putin have? None. He has no choice.  His back is against the wall. He has to fight.  No one in Washington seems to get this. They think Putin can throw in the towel and call it “quits” at the first sign of getting bogged down. But he can’t throw in the towel because Russia’s facing an existential crisis.  If he loses, then Russia’s going to wind up on the same scrap heap as Afghanistan, Iraq or Libya. You can bet on it. So the only thing he can do is win. Period. Victory isn’t an option, it’s a necessity.
  • Of course they’ve noticed. Everyone’s noticed. Everyone knows Washington is on the warpath and its leaders have gone stark raving mad. How could they not notice? But all that’s done is focus the mind on the task at hand, and the task at hand is to whoop the tar out of the terrorists, put an end to Washington’s sick little jihadi game, and go home. That’s Russia’s plan in a nutshell.  No one is trying to cobble together the long-lost Soviet empire. That’s pure bunkum.  Russia just wants to clean up this nest of vipers and call it a day. There’s nothing more to it than that. But what if the going gets tough and Syria becomes a quagmire? That doesn’t change anything, because Russia still has to win. If that means sending ground troops to Syria, then that’s what Putin will do. If that means asymmetrical warfare, like arming the Kurds or the Yemenis, or the Taliban or even disparate anti-regime Shiites in Saudi Arabia, then he’ll do that too. Whatever it takes. This isn’t a game, it’s a fight for survival; Russia’s survival as a sovereign country. That’s what the stakes are. That’s not something Putin takes lightly.
  • The reason I ask this now is because, on Tuesday, Secretary of State John Kerry is scheduled to attend an emergency meeting in Moscow with his Russian counterpart Sergei Lavrov to discuss issues that are too sensitive to reveal to the public. There’s a lot of speculation about what the two men will talk about, but the urgency and the secrecy of the meeting suggests that the topic will be one of great importance. So allow me to make a guess about what the topic will be. When Kerry arrives in Moscow tomorrow he’ll be rushed to meeting room at the Kremlin where he’ll be joined by Lavrov, Putin, Minister of Defense Sergey Shoygu and high-ranking members from military intelligence. Then, following the initial introductions, Kerry will be shown the evidence Russian intelligence has gathered on last Sunday’s attack on a Syrian military base east of Raqqa that killed three Syrian soldiers and wounded thirteen others. The Syrian government immediately condemned the attack and accused US warplanes of conducting the operation. Later in the day,  Putin delivered an uncharacteristically-harsh and threatening statement that left no doubt that he thought the attack was a grave violation of the accepted rules of engagement and, perhaps, a declaration of war.
  • ...4 more annotations...
  • Why would an incident in the village of Ayyash in far-flung Deir Ezzor Province be so important that it would bring the two nuclear-armed adversaries to the brink of war? I’ll tell you why: It’s because there were other incidents prior to the bombing in Ayyash that laid the groundwork for the current clash. There was the ISIS downing of the Russian airliner that killed 224 Russian civilians. Two weeks after that tragedy, Putin announced at the G-20 meetings that he had gathered intelligence proving that 40 countries –including some in the G-20 itself–were involved in the funding and supporting of ISIS. This story was completely blacked out in the western media and, so far, Russia has not revealed the names of any of the countries involved. So, I ask you, dear reader, do you think the United States is on that list of ISIS supporters?
  • Then there was the downing of the Russian Su-24, a Russian bomber that was shot down by Turkish F-16s while it was carrying out its mission to exterminate terrorists in Syria. Many analysts do not believe that the   Su-24 could have been destroyed without surveillance and logistical support provided by US AWACs or US satellites. Many others scoff at the idea that Turkey would engage in such a risky plan without the go-ahead from Washington. Either way, the belief that Washington was directly involved in the downing of a Russian warplane is widespread. So, I ask you, dear reader, do you think Washington gave Turkey the greenlight? Finally, we have the aerial attack on the Syrian military base in Deir Ezzor, an attack that was either executed by US warplanes or US-coalition warplanes. Not only does the attack constitute a direct assault on the Russian-led coalition (an act of war) but the bombing raid was also carried out in tandem  with a “a full-scale ISIS offensive on the villages of Ayyash and Bgelia.”  The coordination suggests that either the US or US allies were providing  air-cover for ISIS terrorists to carry out their ground operations.  Author Alexander Mercouris– who is certainly no conspiracy nut–expands on this idea in a recent piece at Russia Insider which provides more detail on the incident. The article begins like this:
  • “Did Members of the US-Led Coalition Carry Out an Air Strike to Help ISIS? Russia Implies They Did. Russian statement appears to implicate aircraft from two member states of the US led coalition in the air strike on the Syrian military base in Deir az-Zor….This information – if it is true – begs a host of questions. Firstly, the Syrian military base that was hit by the air strike was apparently the scene of a bitter battle between the Syrian military and the Islamic State.  It seems that shortly after the air strike – and most probably as a result of it – the Islamic State’s fighters were able to storm it. Inevitably, that begs the question of whether the aircraft that carried out the air strike were providing air support to the fighters of the Islamic State. On the face of it, it looks like they were. After all, if what happened was simply a mistake, it might have been expected that the US and its allies would say as much.  If so, it is an extremely serious and worrying development, suggesting that some members of the US-led anti-Islamic State coalition are actually in league with the Islamic State.  (“Did Members of the US-Led Coalition Carry Out an Air Strike to Help ISIS?” Alexander Mercouris, Russia Insider)
  • So there it is in black and white. The Russians think someone in the US-led coalition is teaming up with ISIS. That should make for some interesting conversation when Kerry sashays into the Kremlin today. Does Kerry have any clue that Putin and his lieutenants are probably going to produce evidence that coalition warplanes were involved in the bombing of the Syrian military base?  How do you think he’ll respond to that news? Will he apologize or just stand there dumbstruck? And how will he react when Putin tells him that if a similar incident takes place in the future, Russian warplanes and anti-aircraft units are going to shoot the perpetrator down? If I am not mistaken, Kerry is in for a big surprise on Tuesday. He’s about to learn that Putin takes war very seriously and is not going to let Washington sabotage his plans for success. If Kerry’s smart, he’ll pass along that message to Obama and tell him he needs to dial it down a notch if he wants to avoid a war with Russia.
  • Paul Merrell on 16 Dec 15
     
    Article published just before Kerry's meeting with Lavrov, et al, after which Kerry announced that Assad stepping down is no longer a U.S. pre-condition of negotiating peace in Syria. It's important to keep in mind here that non-interference in the internal affairs of foreign nations is a fundamental tenet of international law, one that the U.S. regime change position on Syria openly flouted, as it did in Afghanistan, Iraq, and Libya. So what is behind Kerry's suddenly-acquired respect for the right of the people of Syria to choose their own leader? Mike Whitney offers us a smorgasbord of reasons in this article, all of which boil down to Russian blackmail, a threat to go public with incredibly damning information on what the U.S. and allies have been up to in Syria. This may be a turning point in the Syrian War, since the positions of the Gulf Coast Council (Saudi Arabia, Qatar, UAE, etc.) and the salafist jihadis they have supplied to take down Assad has been unequivocal insistence that Assad agree to step down as a precondition of negotiation.  I.e., the U.S. is forking away from the Gulf Coast Council/jihadi position. How will they react? 
Paul Merrell

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

www.nytimes.com/...of-reporter-tied-to-leaks.html

surveillance state Greenwald Miranda-detention border-search-&-seizure thumbdrive Snowden British-Terrorism-Act

shared by Paul Merrell on 19 Aug 13 - No Cached
  • The partner of Glenn Greenwald, the journalist for The Guardian who has been publishing information leaked by the former National Security Agency contractor Edward J. Snowden, was detained for nine hours by the British authorities under a counterterrorism law while on a stop in London’s Heathrow Airport during a trip from Germany to Brazil, Mr. Greenwald said Sunday.
  • Mr. Greenwald’s partner, David Michael Miranda, 28, is a citizen of Brazil. He had spent the previous week in Berlin visiting Laura Poitras, a documentary filmmaker who has also been helping to disseminate Mr. Snowden’s leaks, to assist Mr. Greenwald. The Guardian had paid for the trip, Mr. Greenwald said, and Mr. Miranda was on his way home to Rio de Janeiro.
  • The Guardian published a report on Mr. Miranda’s detainment on Sunday afternoon. Mr. Greenwald said someone who identified himself as a security official from Heathrow Airport called him early on Sunday and informed him that Mr. Miranda had been detained, at that point for three hours. The British authorities, he said, told Mr. Miranda that they would obtain permission from a judge to arrest him for 48 hours, but he was released at the end of the nine hours, around 1 p.m. Eastern time. Mr. Miranda was in Berlin to deliver documents related to Mr. Greenwald’s investigation into government surveillance to Ms. Poitras, Mr. Greenwald said. Ms. Poitras, in turn, gave Mr. Miranda different documents to pass to Mr. Greenwald. Those documents, which were stored on encrypted thumb drives, were confiscated by airport security, Mr. Greenwald said. All of the documents came from the trove of materials provided to the two journalists by Mr. Snowden. The British authorities seized all of his electronic media — including video games, DVDs and data storage devices — and did not return them, Mr. Greenwald said.
  • Paul Merrell on 19 Aug 13
     
    My comments mighty be longer than Diigo allows from the client sidee so I will place them in in a comment following this post. However, do not miss the companion article in The Guardian, at  
  • Paul Merrell on 19 Aug 13
     
    Note that when detained, Mr. Miranda was acting in the role of a courier transporting documents on a thumb drive between two of the lead reporters working on the NSA scandal for The Guardian. The police kept the thumb drive and all other electronic devices Mr. Miranda carried, presumably to study their data stores.  Perhaps even more to the point, this was the seizure of leaked NSA documents and reporters' notes about them. I do not know about the UK law on the subject, but the shame of it is that it would be lawful accordng to the U.S. Supreme Court for U.S. Customs officials to do the same thing had Mr. Miranda arrived at an American international airport. Most Americans would be shocked to learn how many of their cherished Constitutional rights disappear at a port or entry or when crossing a border into the U.S. and when traveling within a 100-mile distance from a U.S. border on the U.S. side. But the particular detention of Mr. Miranda and seizure of the reporter's research and NSA document copies was sure from the outset to cause a major media stir. It has also provoked a strong diplomatic protest from Brazil This incident has already provoked not only a strong diplomatic protest from Brazil, but also in the UK, "Labour MP Tom Watson said he was shocked at the news and called for it to be made clear if any ministers were involved in authorising the detention." Also note in The Guardian article that the police were acting under authority of the draconian British Terrorism Act, which does not limit its application to those who are not suspected of being a terrorist. That UK government was willing to endure a public whipping by the media testifies loudly to the desperation of spy agencies - in the U.K., U.S., Australia, New Zealand, Canada, and Israel intelligence alliance - to learn what documents Snowden leaked to Glenn Greenwald and the Washington Post so they have a clue about: [i] what hammer blows will hit them in the future so they can get out i
  • Paul Merrell on 19 Aug 13
     
    I see that I forgot to paste the link to the companion article in The Guardian. Here 'tis. http://www.theguardian.com/world/2013/aug/18/glenn-greenwald-guardian-partner-detained-heathrow
Paul Merrell

U.S. gives big, secret push to Internet surveillance - CNET - 0 views

www.cnet.com/...-push-to-internet-surveillance

surveillance state ISP-wiretap-immunity DHS NSA DoJ

shared by Paul Merrell on 03 Apr 14 - No Cached
  • Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws. The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors' Internet links. Since then, however, the program has been expanded by President Obama to cover all critical infrastructure sectors including energy, healthcare, and finance starting June 12. "The Justice Department is helping private companies evade federal wiretap laws," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week. "Alarm bells should be going off." Those documents show the National Security Agency and the Defense Department were deeply involved in pressing for the secret legal authorization, with NSA director Keith Alexander participating in some of the discussions personally. Despite initial reservations, including from industry participants, Justice Department attorneys eventually signed off on the project.
  • The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as "2511 letters," a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books. The Wiretap Act limits the ability of Internet providers to eavesdrop on network traffic except when monitoring is a "necessary incident" to providing the service or it takes place with a user's "lawful consent." An industry representative told CNET the 2511 letters provided legal immunity to the providers by agreeing not to prosecute for criminal violations of the Wiretap Act. It's not clear how many 2511 letters were issued by the Justice Department. In 2011, Deputy Secretary of Defense William Lynn publicly disclosed the existence of the original project, called the DIB Cyber Pilot, which used login banners to inform network users that monitoring was taking place. In May 2012, the pilot was turned into an ongoing program -- broader but still voluntary -- by the name of Joint Cybersecurity Services Pilot, with the Department of Homeland Security becoming involved for the first time. It was renamed again to Enhanced Cybersecurity Services program in January, and is currently being expanded to all types of companies operating critical infrastructure.
  • Paul Rosenzweig, a former Homeland Security official and founder of Red Branch Consulting, compared the NSA and DOD asking the Justice Department for 2511 letters to the CIA asking the Justice Department for the so-called torture memos a decade ago. (They were written by Justice Department official John Yoo, who reached the controversial conclusion that waterboarding was not torture.) "If you think of it poorly, it's a CYA function," Rosenzweig says. "If you think well of it, it's an effort to secure advance authorization for an action that may not be clearly legal." A report (PDF) published last month by the Congressional Research Service, a non-partisan arm of Congress, says the executive branch likely does not have the legal authority to authorize more widespread monitoring of communications unless Congress rewrites the law. "Such an executive action would contravene current federal laws protecting electronic communications," the report says.
  • ...2 more annotations...
  • Another e-mail message from a Justice Department attorney wondered: "Will the program cover all parts of the company network -- including say day care centers (as mentioned as a question in a [deputies committee meeting]) and what are the policy implications of this?" The deputies committee includes the deputy secretary of defense, the deputy director of national intelligence, the deputy attorney general, and the vice chairman of the Joint Chiefs of Staff. "These agencies are clearly seeking authority to receive a large amount of information, including personal information, from private Internet networks," says EPIC staff attorney Amie Stepanovich, who filed a lawsuit against Homeland Security in March 2012 seeking documents relating to the program under the Freedom of Information Act. "If this program was broadly deployed, it would raise serious questions about government cybersecurity practices." In January, the Department of Homeland Security's privacy office published a privacy analysis (PDF) of the program saying that users of the networks of companies participating in the program will see "an electronic login banner [saying] information and data on the network may be monitored or disclosed to third parties, and/or that the network users' communications on the network are not private."
  • An internal Defense Department presentation cites as possible legal authority a classified presidential directive called NSPD 54 that President Bush signed in January 2008. Obama's own executive order , signed in February 2013, says Homeland Security must establish procedures to expand the data-sharing program "to all critical infrastructure sectors" by mid-June. Those are defined as any companies providing services that, if disrupted, would harm national economic security or "national public health or safety."
  • Paul Merrell on 03 Apr 14
     
    Article is from April 2013, before the Snowden disclosures. 
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