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Obama's crackdown views leaks as aiding enemies of U.S. | McClatchy - 0 views

  • Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions. President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.
  • Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.
  • Employees must turn themselves and others in for failing to report breaches. “Penalize clearly identifiable failures to report security infractions and violations, including any lack of self-reporting,” the strategic plan says.The Obama administration already was pursuing an unprecedented number of leak prosecutions, and some in Congress – long one of the most prolific spillers of secrets – favor tightening restrictions on reporters’ access to federal agencies, making many U.S. officials reluctant to even disclose unclassified matters to the public. The policy, which partly relies on behavior profiles, also could discourage creative thinking and fuel conformist “group think” of the kind that was blamed for the CIA’s erroneous assessment that Iraq was hiding weapons of mass destruction, a judgment that underpinned the 2003 U.S. invasion. “The real danger is that you get a bland common denominator working in the government,” warned Ilana Greenstein, a former CIA case officer who says she quit the agency after being falsely accused of being a security risk. “You don’t get people speaking up when there’s wrongdoing. You don’t get people who look at things in a different way and who are willing to stand up for things. What you get are people who toe the party line, and that’s really dangerous for national security.”
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  • The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.
  • The program, however, gives agencies such wide latitude in crafting their responses to insider threats that someone deemed a risk in one agency could be characterized as harmless in another. Even inside an agency, one manager’s disgruntled employee might become another’s threat to national security. Obama in November approved “minimum standards” giving departments and agencies considerable leeway in developing their insider threat programs, leading to a potential hodgepodge of interpretations. He instructed them to not only root out leakers but people who might be prone to “violent acts against the government or the nation” and “potential espionage.”
  • The Department of Education, meanwhile, informs employees that co-workers going through “certain life experiences . . . might turn a trusted user into an insider threat.” Those experiences, the department says in a computer training manual, include “stress, divorce, financial problems” or “frustrations with co-workers or the organization.”An online tutorial titled “Treason 101” teaches Department of Agriculture and National Oceanic and Atmospheric Administration employees to recognize the psychological profile of spies.
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IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
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    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
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CIA Apparently 'Impersonated' Senate Staffers To Gain Access To Documents On Shared Dri... - 0 views

  • No, the most interesting part of the latest Torture Report details almost falls off the end of the page over at The Huffington Post. It's more hints of CIA spying, ones that go a bit further than previously covered. According to sources familiar with the CIA inspector general report that details the alleged abuses by agency officials, CIA agents impersonated Senate staffers in order to gain access to Senate communications and drafts of the Intelligence Committee investigation. These sources requested anonymity because the details of the agency's inspector general report remain classified. "If people knew the details of what they actually did to hack into the Senate computers to go search for the torture document, jaws would drop. It's straight out of a movie," said one Senate source familiar with the document. Impersonating staff to gain access to Senate Torture Report work material would be straight-up espionage. Before we get to the response that mitigates the severity of this allegation, let's look at what we do know.
  • The CIA accessed the Senate's private network to (presumably) gain access to works-in-progress. This was denied (badly) by CIA director John Brennan. The CIA also claimed Senate staffers had improperly accessed classified documents and reported them to the DOJ, even though they knew the charges were false. Then, after Brennan told his agency to stop spying on the Senate, agents took it upon themselves to improperly access Senate email accounts. This is all gleaned from a few public statements and a one-page summary of an Inspector General's report -- the same unreleased report EPIC is currently suing the agency over. Now, there's this: accusations that the CIA impersonated Senate staffers in hopes of accessing Torture Report documents. Certainly a believable accusation, considering the tactics it's deployed in the very recent past. This is being denied -- or, at least, talked around.
  • A person familiar with the events surrounding the dispute between the CIA and Intelligence Committee said the suggestion that the agency posed as staff to access drafts of the study is untrue. “CIA simply attempted to determine if its side of the firewall could have been accessed through the Google search tool. CIA did not use administrator access to examine [Intelligence Committee] work product,” the source said. So, it was a just an innocuous firewall test. And according to this explanation, it wasn't done to examine the Senate's in-progress Torture Report. But this narrative meshes with previous accusations, including those detailed in the Inspector General's report. Logging on to the shared drives with Senate credentials would allow agents to check the firewall for holes. But it also would allow them to see other Senate documents, presumably only accessible from that "side" of the firewall. While there's been no mention of "impersonation" up to this point, the first violation highlighted by the IG's report seems to be the most likely explanation of what happened here.
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  • Five Agency employees, two attorneys and three information technology (IT) staff members, improperly accessed or caused access to the SSCI Majority staff shared drives on the RDINet Accessing another part of the shared network/drive by using someone else's credentials is low-level hackery, but not the first thing that springs to mind when someone says "impersonation." A supposed firewall test would be the perfect cover for sniffing around previously off-limits areas. Much of what has come to light about the agency's actions hints at low-level espionage. There's still more buried in the IG report that the agency is actively trying to keep from being made public. Just because these activities didn't specifically "target" Senate work material, it was all there and able to accessed. It doesn't really matter what the CIA says it was looking for. The fact that it was done at all, and done with such carefree audacity, is the problem. There are presumably ways to perform these checks that don't involve Inspector Generals, damning reports and multiple hacking accusations.
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    So it takes three technical staff and two CIA lawyers to check a firewall? Lawyers? So if I want to check my firewall, I need to hire three technical staff and two lawyers? 
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Whether to Go to War Against Russia Is Top Issue in U.S. Presidential Race | Global Res... - 0 views

  • The United States government has already declared that in regards to what it alleges to be a Russian cyberattack against the U.S. Democratic Party, the U.S. reserves the right to go to war against Russia. NATO has accordingly changed its policy so as to assert that a cyberattack (in this case actually cyber-espionage, such as the U.S. government itself perpetrates against even its own allies such as Angela Merkel by tapping her phone) constitutes an act of war by the alleged cyberattacker, and so requires all NATO member nations to join any cyberattacked NATO nation in war against its alleged (cyber)attacker, if the cyberattacked member declares war against its alleged cyberattacker. Excuses are being sought for a war against Russia; and expanding the definition of “invasion,” to include mere espionage, is one such excuse. But it’s not the only one that the Obama Administration has cooked up. U.S. Senator Mike Lee has asserted that President Barack Obama must obtain a declaration of war against Syria — which is allied with and defended by Russia — before invading Syria. Syria has, for the past few years, already been invaded by tens of thousands of foreign jihadists (financed mainly by the royal Sauds and Qataris, and armed mainly with U.S. weaponry) who are trying to overthrow and replace the Syrian government so that pipelines can be built through Syria into Europe to transport Saudi oil and Qatari gas into the EU, the world’s biggest energy-market, which now is dominated by Russia’s oil and gas. Since Syria is already being defended by Russia (those royals’ major competitor in the oil and gas markets), America’s invasion of Syria would necessarily place U.S. and Russia into an air-war against each other (for the benefit of those royal Arabs — who finance jihadist groups, as even Hillary Clinton acknowledges): Syria would thus become a battleground in a broader war against Russia. So: declaring war against Syria would be a second excuse for World War III, and one which would especially serve the desires not only of U.S. ‘defense’ firms but of the U.S. aristocracy’s royal Arabic allies, who buy much of those ‘defense’ firms’ exports (weaponry), and also U.S. oilfield services firms such as pipelines by Halliburton. (It’s good business for them, no one else. Taxpayers and war-victims pay, but those corporations — and royal families — would profit.)
  • The U.S. government also declares that Russia ‘conquered’ Crimea in 2014 and that Russia must restore it to Ukraine. The U.S. government wants Ukraine to be accepted into NATO, so that all NATO nations will be at war against Russia if Russia doesn’t return Crimea to Ukraine, of which Crimea had only briefly (1954-2014) been a part, until Crimeans voted on 16 March 2014 to rejoin Russia. This Crimean issue is already the basis for America’s economic sanctions against Russia, and thus Russia’s continuing refusal to coerce Crimeans to accept again being part of Ukraine would be yet a third excuse for WW III.
  • Hillary Clinton says “As President, I will make it clear, that the United States will treat cyber attacks just like any other attack.” She alleges that when information was unauthorizedly made public from Democratic National Committee computers, the cyberattacker was Russia. She can be counted as a strong proponent of that excuse for WW3. She’s with Barack Obama and the other neocons on that. She has furthermore said that the U.S. should shoot down any Russian and Syrian bombers in Syria — the phrase for that proposed U.S. policy is to “establish a no-fly zone” there. She makes clear: “I am advocating the no-fly zone.” It would be war against not only Syria, but Russia. (After all: a no-fly zone in which the U.S. is shooting down the government’s planes and Russia’s planes, would be war by the U.S. against both Syria and Russia, but that’s what she wants to do.) She can thus be counted as a strong proponent of those two excuses for WW3.
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  • On the matter of Crimea, she has said that “Putin invaded and annexed Crimea,” and “In the wake of Russia’s illegal annexation of Crimea in early 2014, some have argued that NATO expansion either caused or exacerbated Russia’s aggression. I disagree with that argument.” She believes that the expansion of NATO right up to Russia’s borders is good, not horrific and terrifying (as it is to Russians — just like USSR’s conquering of Mexico would have been terrifying to Americans if USSR did that during the Cold War). Furthermore, because Ukraine is the main transit-route for Russian gas-pipelines into Europe, the coup that in 2014 overthrew the neutralist democratically elected President of Ukraine and replaced him by leaders who seek NATO membership for Ukraine and who have the power to cut off those pipelines, was strongly supported by both Obama and Clinton. She can thus be counted as a strong proponent of all three excuses for WW3. U.S. President Obama has made unequivocally clear that he regards Russia as being by far the world’s most “aggressive” nation; and Clinton, too, commonly uses the term “aggression” as describing Russia (such as she did by her denial that “NATO expansion either caused or exacerbated Russia’s aggression”). To her, Russia’s opposing real aggression by the U.S. (in this case, America’s 2014 coup that overthrew the democratically elected Ukrainian President for whom 75% of Crimeans had voted), constitutes ‘Russia’s aggression’, somehow. Furthermore, as regards whether Crimea’s rejoining Russia was ‘illegal’ as she says: does she also deny the right of self-determination of peoples regarding the residents of Catalonia though the Spanish government accepts it there, and also by the residents of Scotland though the British government accepts it there? Or is she simply determined to have as many excuses to invade Russia as she can have? She has never condemned the independence movements in Scotland or Catalonia. The United States is clearly on a path toward war with Russia. Donald Trump opposes all aspects of that policy.
  • That’s the main difference between the two U.S. Presidential candidates. Trump makes ridiculous statements about the ‘need’ to increase ‘defense’ spending during this period of soaring federal debt, but he has consistently condemned the moves toward war against Russia and said that America’s real enemy is jihadists, and that Russia is on our side in this war — the real war — not an enemy of America such as Hillary Clinton and Barack Obama claim. Both candidates (Trump and Clinton) are war-hawks, but Hillary wants to go to war against both jihadists and Russia, whereas Trump wants to go to war only against jihadists. Trump’s charge that Hillary would be a catastrophic President is borne out not only by her past record in public office, but by her present positions on these issues.
  • Americans are being offered, by this nation’s aristocracy, a choice between a marginally competent and deeply evil psychopath Hillary Clinton, versus an incompetent but far less evil psychopath Donald Trump, and the nation’s press are reporting instead a choice between two candidates of whom one (the actually evil Clinton) is presented as being far preferable to the other (the actually incompetent Trump), and possibly as being someone who might improve this nation if not the world. Virtually none of America’s Establishment is willing to report the truth: that the nation’s rotting will get worse under either person as President, but that only under Trump might this nation (and the world) stand a reasonable likelihood of surviving at all (i.e., nuclear war with Russia being averted). Things won’t get better, but they definitely could get a hell of a lot worse — and this is the issue, the real one, in the present election: WW3, yes or no on that. Hillary Clinton argues that she, with her neoconservative backing (consisting of the same people who cheer-led the invasion of Russia-friendly Iraq, and who shared her joy in doing the same to Russia-friendly Libya — “We came, we saw, he died, ha ha!”), is the better person to have her finger on the nuclear button with Russia. This U.S. Presidential election will be decided upon the WW3-issue, unless the American electorate are incredibly stupid (or else terribly deceived): Is she correct to allege that she and not Trump should have control over the nuclear button against Russia? She’s even more of a neoconservative than Obama is, and this is why she has the endorsement of neoconservatives in this election. And that is the issue.
  • The real question isn’t whether America and the world will be improved by the next U.S. President; it’s whether America and the world will be destroyed by the next U.S. President. All else is mere distraction, by comparison. And the U.S. public now are extremely distracted — unfortunately, even by the candidates themselves. The pathetic Presidential candidates that the U.S. aristocracy has provided to Americans, for the public’s votes in the final round, don’t focus on this reality. Anyone who thinks that the majority of billionaires can’t possibly believe in a ‘winnable’ nuclear war and can’t possibly be wanting WW3 should read this. That was published by the Council on Foreign Relations, Wall Street’s international-affairs think tank. They mean business. And that’s the source of neoconservatism — the top U.S.-based international corporations, mainly in ‘defense’ and oil and Wall Street. (Clinton’s career is based upon precisely those three segments, whereas Trump’s is based instead upon real estate and entertainment, neither of which segments is neoconservative.) It doesn’t come from nowhere; it comes from the people who buy and sell politicians.
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    A must-read
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Shady Companies With Ties to Israel Wiretap the U.S. for the NSA | Threat Level | Wired... - 0 views

  • In addition to constructing the Stellar Wind center, and then running the operation, secretive contractors with questionable histories and little oversight were also used to do the actual bugging of the entire U.S. telecommunications network. According to a former Verizon employee briefed on the program, Verint, owned by Comverse Technology, taps the communication lines at Verizon, which I first reported in my book The Shadow Factory in 2008. Verint did not return a call seeking comment, while Verizon said it does not comment on such matters. At AT&T the wiretapping rooms are powered by software and hardware from Narus, now owned by Boeing, a discovery made by AT&T whistleblower Mark Klein in 2004. Narus did not return a call seeking comment. What is especially troubling is that both companies have had extensive ties to Israel, as well as links to that country’s intelligence service, a country with a long and aggressive history of spying on the U.S.
  • In fact, according to Binney, the advanced analytical and data mining software the NSA had developed for both its worldwide and international eavesdropping operations was secretly passed to Israel by a mid-level employee, apparently with close connections to the country. The employee, a technical director in the Operations Directorate, “who was a very strong supporter of Israel,” said Binney, “gave, unbeknownst to us, he gave the software that we had, doing these fast rates, to the Israelis.” Because of his position, it was something Binney should have been alerted to, but wasn’t. “In addition to being the technical director,” he said, “I was the chair of the TAP, it’s the Technical Advisory Panel, the foreign relations council. We’re supposed to know what all these foreign countries, technically what they’re doing…. They didn’t do this that way, it was under the table.” After discovering the secret transfer of the technology, Binney argued that the agency simply pass it to them officially, and in that way get something in return, such as access to communications terminals. “So we gave it to them for switches,” he said. “For access.”
  • But Binney now suspects that Israeli intelligence in turn passed the technology on to Israeli companies who operate in countries around the world, including the U.S. In return, the companies could act as extensions of Israeli intelligence and pass critical military, economic and diplomatic information back to them. “And then five years later, four or five years later, you see a Narus device,” he said. “I think there’s a connection there, we don’t know for sure.” Narus was formed in Israel in November 1997 by six Israelis with much of its money coming from Walden Israel, an Israeli venture capital company. Its founder and former chairman, Ori Cohen, once told Israel’s Fortune Magazine that his partners have done technology work for Israeli intelligence. And among the five founders was Stanislav Khirman, a husky, bearded Russian who had previously worked for Elta Systems, Inc. A division of Israel Aerospace Industries, Ltd., Elta specializes in developing advanced eavesdropping systems for Israeli defense and intelligence organizations. At Narus, Khirman became the chief technology officer.
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  • A few years ago, Narus boasted that it is “known for its ability to capture and collect data from the largest networks around the world.” The company says its equipment is capable of “providing unparalleled monitoring and intercept capabilities to service providers and government organizations around the world” and that “Anything that comes through [an Internet protocol network], we can record. We can reconstruct all of their e-mails, along with attachments, see what Web pages they clicked on, we can reconstruct their [Voice over Internet Protocol] calls.” Like Narus, Verint was founded by in Israel by Israelis, including Jacob “Kobi” Alexander, a former Israeli intelligence officer. Some 800 employees work for Verint, including 350 who are based in Israel, primarily working in research and development and operations, according to the Jerusalem Post. Among its products is STAR-GATE, which according to the company’s sales literature, lets “service providers … access communications on virtually any type of network, retain communication data for as long as required, and query and deliver content and data …” and was “[d]esigned to manage vast numbers of targets, concurrent sessions, call data records, and communications.”
  • In a rare and candid admission to Forbes, Retired Brig. Gen. Hanan Gefen, a former commander of the highly secret Unit 8200, Israel’s NSA, noted his former organization’s influence on Comverse, which owns Verint, as well as other Israeli companies that dominate the U.S. eavesdropping and surveillance market. “Take NICE, Comverse and Check Point for example, three of the largest high-tech companies, which were all directly influenced by 8200 technology,” said Gefen. “Check Point was founded by Unit alumni. Comverse’s main product, the Logger, is based on the Unit’s technology.”
  • According to a former chief of Unit 8200, both the veterans of the group and much of the high-tech intelligence equipment they developed are now employed in high-tech firms around the world. “Cautious estimates indicate that in the past few years,” he told a reporter for the Israeli newspaper Ha’artez in 2000, “Unit 8200 veterans have set up some 30 to 40 high-tech companies, including 5 to 10 that were floated on Wall Street.” Referred to only as “Brigadier General B,” he added, “This correlation between serving in the intelligence Unit 8200 and starting successful high-tech companies is not coincidental: Many of the technologies in use around the world and developed in Israel were originally military technologies and were developed and improved by Unit veterans.
  • Equally troubling is the issue of corruption. Kobi Alexander, the founder and former chairman of Verint, is now a fugitive, wanted by the FBI on nearly three dozen charges of fraud, theft, lying, bribery, money laundering and other crimes. And two of his top associates at Comverse, Chief Financial Officer David Kreinberg and former General Counsel William F. Sorin, were also indicted in the scheme and later pleaded guilty, with both serving time in prison and paying millions of dollars in fines and penalties. When asked about these contractors, the NSA declined to “verify the allegations made.”
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    So, allegedly a Zionist working in NSA passed NSA's telecommunications data mining software to Israel, was identified, but was never prosecuted. And the Verint CEO is now a fugitive from justice on charges of "fraud, theft, lying, money laundering, and other crimes." What's not to like in having this company processing all of our telephone metadata?
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Why the Ruling Class is So Upset About Edward Snowden » CounterPunch: Tells t... - 0 views

  • the networks now compete with one another to generate outrage—not at the spying, mind you, but at Snowden for violating the law.
  • O’Reilly’s current position is that while a hero, Snowden should be placed on trial and judged by a jury. Which is to say, he should be apprehended abroad, brought back in handcuffs and treated to the same benefits of the U.S. judicial system enjoyed by a Bradley Manning or a Guantanamo detainee.
  • He broke the law! He told us: “Any analyst at any time can target anyone.”
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  • “He took an oath,” thunders Dianne Feinstein
  • chair of the Senate Intelligence Committee (and thus someone complicit in the spying programs).
  • What she means by this is that he broke his pledge, made when he became an employee of the CIA contractor Booz Allen Hamilton—which helps handle the massive effort to monitor all of us daily—to conceal any secrets he obtained as an employee.
  • She is of course not referring to the oath he made at the same time, to uphold the Constitution of the United States, which says very clearly that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”
  • Snowden has not merely revealed that the U.S. government has forced service providers Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple to share all their records with itself, in the form of mega-data that can only be accessed for content following the issuance of warrants from (secret) courts, in order to thwart real or imagined terrorist plots. He hasn’t merely shown that the NSA intercepts 1.7 billion electronic records every day (in order, of course, to thwart the terrorists). He has charged the following:
  • The FBI’s “Counterintelligence Program” (COINTELPRO), active from 1956 to 1971, collected information through wiretaps and other means with the specific objective of destroying civil rights and left-wing organizations.
  • Snowden indicates that those with that power can indeed gain access to what Bill Clinton recently called the “meat” of your communications.
  • That is, every word you’ve spoken on the phone recently, or maybe for several years; or test-messaged or instant-messaged online; can be accessed by government “analysts” at their whim.
  • in 2008, ABC News revealed that National Security Agency staffers enjoyed monitoring satellite phone sex involving U.S. officers in Iraq. It’s worth quoting at length.
  • “‘These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones,’ said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA’s Back Hall at Fort Gordon from November 2001 to 2003. Kinne described the contents of the calls as ‘personal, private things with Americans who are not in any way, shape or form associated with anything to do with terrorism.’ [...] Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad’s Green Zone from late 2003 to November 2007. ‘Calling home to the United States, talking to their spouses, sometimes their girlfriends, sometimes one phone call following another,’ said Faulk. [...] ‘Hey, check this out,’ Faulk says he would be told, ‘there’s good phone sex or there’s some pillow talk, pull up this call, it’s really funny, go check it out. It would be some colonel making pillow talk and we would say, ‘Wow, this was crazy,’ Faulk told ABC News.”
  • “Any analyst at any time can target anyone. Any selector, anywhere… I, sitting at my desk, certainly had the authorities to wiretap anyone, from you or your accountant, to a federal judge, to even the President…”
  • But the main issue is not your protection from phone-sex interlopers, but protection from those who want to do you harm.
  • If that’s the way NSA analysts could deal with U.S. military officers in Iraq—fellow cogs in the system, fighting on behalf of U.S. imperialism—how much respect do you suppose they have for you and your privacy? For your security from their searches, their violations?
  • One of its stated missions was to use surveillance on activists to release negative personal information to the public to discredit them. In many instances the agents succeeded, and they ruined lives. And their abilities to do so pale in comparison with the abilities of Obama’s NSA.
  • the Bush administration would be willing to learn a thing or two about domestic spying from the experts of the former Stasi. What ruling elite has ever gained more total information awareness about its citizens than the old German Democratic Republic?  And done it with such elegant legal scaffolding?
  • As historians such as Katherine Pence and Paul Betts have shown, the GDR authorities operated within scrupulously observed legal constraints. One sees this in the film Das Leben der Anderen (The Lives of Others) produced in the reunited Germany in 2006. It depicts the surveillance culture of the former East Germany, leaving the viewer nauseated.
  • Everything according to law.
  • I thought of that film while reading the lead Boston Globe editorial on June 13. It concludes that the “policies that [Snowden revealed], however objectionable, are properly authorized” while Snowden himself “broke the law.”
  • Thus, you see, he’s not a whistle-blower but a criminal.
  • U.S. to World: “You Must View Snowden as a Criminal, and Give Him Back”
  • Suddenly, the Cold War has reappeared. Snowden is charged with espionage, some of his critics alleging that he’s in the service of the PRC and/or Russia or other “enemies.” It in fact appears that Beijing and Moscow both were taken by surprise by this episode, and that both have attempted to handle Snowden’s unexpected presence carefully to avoid annoying the U.S.
  • The entirety of the ruling elite and the journalistic establishment are keen on defending the programs Snowden has exposed; keen on punishing him for his whistle-blowing; determined to vilify him as a punk, narcissist, egoist, attention-hungry ne’er-do-well (anything but a thoughtful man who made a moral choice that has enlightened people about the character of the U.S. government); feverishly working on damage control while anticipating more damning revelations; and determined to get those four laptops with their incriminating content back into the bosom of the national security state.
  • It all, in my humble opinion, boils down to thi
  • No, there are us, and there are them. The tiny power elite that controls the mainstream press and cable channels, the corporations that dutifully hand over mega-data to the state (and then deny doing so to allay consumer outrage), the twin political parties, are sick to their stomachs that they’ve been so exposed. We in our turn should feel, if not terrorized, nauseated.
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    This is a fun and enlightening read.  Extremely well written!  Maybe the most complete statement of both the facts of the Snowden - NSA disclosure event, and the mix of heartache and anger I feel about it.  Gut wrenching, nauseating and sick to my soul over what these clowns are doing to this great Republic, the Constitution, and the brief history of individual liberty this country represents.  Nicely written summary.
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Switzerland Furious About Snowden's Charge That the CIA Conducts Economic Espionage Aga... - 0 views

  • One of the many lurid details in The Guardian’s remarkable interview with NSA whistleblower Edward Snowden was his account of what initially prompted him to leak: 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. "Much of what I saw in Geneva really disillusioned me about how my government functions and what its impact is in the world," he says. "I realised that I was part of something that was doing far more harm than good."
  • Given that the U.S. has waged a long and mostly successful campaign to rid the world of the scourge of Swiss banking privacy, an effort that largely culminated in an agreement signed just last Friday, the long-beleagured Swiss are a bit put out by the allegation that American spooks were thumbling the scale. Here’s Swiss Info: "What is really very serious is that [US] agents are active on foreign territory, and violate the laws of the country where they are," former Swiss parliamentarian and prosecutor Dick Marty told public radio on Monday.  "This is not the first time they have done this, and I must say that they have been spoiled by the Swiss. For too long Switzerland has tolerated CIA agents doing more or less whatever they wanted on our territory." Other quotes in the article are more hesitant; most express weariness at a world subjected to Washington's rules. Meanwhile, GenevaLunch.com reports that the Snowden disclosure "could not come at a worse time for the Swiss government, trying to convince parliament to back its emergency plan that would allow Swiss banks to turn over data on tax evaders to the US government." It really is remarkable, and not nearly remarked upon enough, how the United States of America just imposes its international legal preferences upon the world, then exempts itself from those rules as necessary.
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U.S. may act to keep Chinese hackers out of Def Con hacker event | Reuters - 0 views

  • (Reuters) - Washington is considering using visa restrictions to prevent Chinese nationals from attending popular summer hacking conferences in Las Vegas as part of a broader effort to curb Chinese cyber espionage, a senior administration official said Saturday. The official said that Washington could use such visa restrictions and other measures to keep Chinese from attending the August Def Con and Black Hat events to maintain pressure on China after the United States this week charged five Chinese military officers with hacking into U.S. companies to steal trade secrets.China has denied the charges, saying they were "made up."Organizers of the two conferences said they knew nothing about any efforts under consideration by Washington, but that they believed limiting participation from China was a bad idea.
  • Ten to 12 Chinese citizens were unexpectedly denied visas last week to attend a space and cyber conference hosted by the Space Foundation in Colorado this week, the organizers said.Speakers included Director of National Intelligence James Clapper and other high-ranking U.S. intelligence and military officials.State Department spokeswoman Jen Psaki said visa applications were confidential, but cautioned against drawing a connection between the denials and indictments of the hackers.
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The Arab Spring: Made in the USA | Global Research - Centre for Research on Globalization - 0 views

  • Arabesque$: Enquête sur le rôle des États-Unis dans les révoltes arabes (Investigation into the US Role in the Arab Uprisings) is an update of Ahmed Bensaada’s 2011 book L’Arabesque Américaine. It concerns the US government role in instigating, funding and coordinating the Arab Spring “revolutions.” Most of this history has been carefully suppressed by the western media.The new book devotes much more attention to the personalities leading the 2011 uprisings. Some openly admitted to receiving CIA funding. Others had no idea because it was deliberately concealed from them. A few (in Egypt and Syria) were officially charged with espionage. In Egypt, seven sought refuge in the US embassy in Cairo and had to be evacuated by the State Department.
  • According to Bensaada, the MENA Arab Spring revolutions have four unique features in common: None were spontaneous – all required careful and lengthy (5+ years) planning, by the State Department, CIA pass through foundations, George Soros, and the pro-Israel lobby.1 All focused exclusively on removing reviled despots without replacing the autocratic power structure that kept them in power. No Arab Spring protests made any reference whatsoever to powerful anti-US sentiment over Palestine and Iraq. All the instigators of Arab Spring uprisings were middle class, well educated youth who mysteriously vanished after 2011.
  • Follow the Money Relying mainly on Wikileaks cables and the websites of key CIA pass through foundations (which he reproduces in the appendix), Bensaada methodically lists every State Department conference and workshop the Arab Spring heroes attended, the dollar amounts spent on them by the State Department and key “democracy” promoting foundations3, the specific involvement of Google, Facebook, Twitter and Obama’s 2008 Internet campaign team in training Arab Spring cyperactivists in encryption technologies and social media skills, US embassy visits, and direct encounters with Hillary Clinton,  Condoleezza Rice, John McCain, Barack Obama and Serbian trainers from CANVAS (the CIA-backed organization that overthrew Slobodan Milosevic in 2000). Bensaada focuses most heavily on the Tahrir Square uprising in Egypt. TheWashington Post has estimated approximately 10,000 Egyptians took part in NED and USAID training in social media and nonviolent organizing techniques. For me the most astonishing information in this chapter concerned the role of an Egyptian exile (a former Egyptian policeman named Omar Afifi Suleiman) in coordinating the Tahrir Square protests from his office in Washington DC. According to Wikileaks, NED paid Suleiman a yearly stipend of $200,000+ between 2008-2011.
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  • When Nonviolence Fails Arabesques$ devotes far more attention to Libya, Syria and Yemen than Bensaada’s first book. In the section on Libya, Bensaada zeroes in on eleven key US assets who engineered the overthrow of Gaddafi. Some participated in the same State Department trainings as the Middle East opposition activists and instigated nonviolent Facebook and Twitter protests to coincide with the 2011 uprisings in Tunisian and Egypt. Others, in exile, underwent guerrilla training sponsored by the CIA, Mossad, Chad and Saudi Arabia. A few months after Gaddafi’s assassination, some of these same militants would lead Islamic militias attempting to overthrow Assad in Syria. Between 2005 and 2010, the State Department funneled $12 million to opposition groups opposed to Assad. The US also financed Syrian exiles in Britain to start an anti-government cable TV channel they beamed into Syria. In the section on Syria, Bensaada focuses on a handful of Syrian opposition activists who received free US training in cyberactivism and nonviolent resistance beginning in 2006. One, Ausama Monajed, is featured in the 2011 film How to Start a Revolution about a visit with Gene Sharp in 2006. Monajed and others worked closely with the US embassy, funded by the Middle East Partnership Initiative (MEPI). This is a State Department program that operates in countries (such as Libya and Syria) where USAID is banned. In February 2011, these groups posted a call on Twitter and Facebook for a Day of Rage. Nothing happened. When Sharpian techniques failed to produce a sizable nonviolent uprising, as in Libya, they and their allies (Saudi Arabia, Turkey, Qatar and Jordan) were all set up to introduce Islamic mercenaries (many directly from Libya) to declare war on the Assad regime.
  • Dr. Bramhall is a retired American psychiatrist and political refugee in New Zealand. She has published a free, downloadable non-fiction ebook 21st Century Revolution.
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    Alas, the book is apparently available only in French. 
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Cheney: Lawmakers favored secrecy on surveillance :: WRAL.com - 0 views

  • Former Vice President Dick Cheney said Monday U.S. congressional leaders he briefed in 2004 on a surveillance program recently disclosed by leaker Edward Snowden supported it, and both Republicans and Democrats wanted to keep it secret. Cheney said he was directly involved in setting up the program, run by the National Security Agency, or NSA, in the weeks after the 9/11 attacks. He said it has had "phenomenal results" in preventing terrorist attacks. Cheney did not specify which survelliance program he was referring to. Snowden, a former NSA contractor, is facing espionage charges stemming from his disclosure of U.S. surveillance programs that collect phone records and online data in the name of national security. "There was a time when it was a very, very close hold. Unfortunately it's become public," said Cheney.
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Edward Snowden asks for asylum in Ecuador: live updates | World news | guardian.co.uk - 0 views

  • The NSA whistleblower left Hong Kong on an Aeroflot flight to Moscow, two days after the US charged him with espionage, before applying for asylum in Ecuador
  • WikiLeaks has released a statement claiming that Snowden is "bound for Ecuador" and is awaiting the processing of his application for asylum:  Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for the Republic of Ecuador via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks. Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives in Ecuador his request will be formally processed. Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement: "The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange - for making or facilitating disclosures in the public interest - is an assault against the people".
  • It’s past midnight in Hong Kong and late evening in Moscow, so time for a summary of the events so far on a day of extraordinary drama: • Edward Snowden, the NSA contractor whose revelations to the Guardian about the scale and scope of US spying and hacking activities has prompted global headlines, has fled Hong Kong and is now in Moscow. • His plane arrived in Russia shortly after 5pm local time. Snowden is not believed to have a Russian visa and is thought to be staying overnight at a capsule hotel inside Moscow's Sheremetyevo airport after reportedly being met on the tarmac by diplomatic cars.
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  • • Snowden was allowed to leave despite the US having filed a request for Hong Kong to arrest him. Hong Kong’s government said the documents sent by Washington did not fully meet legal requirements, the statement added, so Snowden was allowed to leave. It has since been reported that the US revoked Snowden’s passport on Saturday. It is not clear how he was allowed to leave Hong Kong if this happened. • Snowden is reportedly booked on a flight on Monday from Moscow to Havana, after which he is believed to be heading for another Latin American destination, reported variously as Venezuela or Ecuador. • The Ecuadorean ambassador to Russia is at the airport but said he had not met Snowden and was not entirely sure where he is.  • WikiLeaks has claimed in tweets it "assisted Mr Snowden's political asylum in a democratic country" and that its "legal advisers" are with him, including Sarah Harrison, a WikiLeaks staffer.
  • • There has been an angry reaction in the US to news of Snowden’s departure. Keith Alexander, head of the NSA, called Snowden “an individual who is not acting, in my opinion, with noble intent". • Snowden's departure came on the same day the South China Morning Post carried detailed reports of claims from him about US actions against China, including allegations of the hacking of phone text messages. China has said it is “gravely concerned” about the revelations. The country’s Xinhua news agency called the US “the biggest villain in our age" when it comes to hacking.
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    My favorite part so far, NSA head Gen. Keith Alexander called Snowden "an individual who is not acting, in my opinion, with noble intent". Let's consider for a moment that as a U.S. Army officer, Gen. Alexander, initially and upon each promotion, was required to "solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."  http://www.army.mil/values/officers.html So what part of "support and defend the Constitution of the United States" is it that he didn't catch? U.S. military officers are required by law to disobey illegal commands. Can this man seriously believe that his mission does not violate the U.S. Constitution?  The Fourth and Fifth Amendments were direct reactions to the British Army's practice of invading Colonist's homes at will. destroying their privacy and seizing anything in sight including its residents, their papers, their personal effects, and their property without judicial warrant or due process and just compensation. But that is just what Gen. Alexander assists in. He is a usurper of our Constitution. But let's compare the courage of Edward Snowden and Keith Alexander: "Common experience shows how much rarer is moral courage than physical bravery.  A thousand men will march to the mouth of the cannon where one man will dare espouse an unpopular cause." - Clarence Darrow   "Few are willing to brave the disapproval of their fellows, the censure of the colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change." -
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Oliver Stone on Snowden relevance: 'The US government lies all the time' | Film | The G... - 0 views

  • Oliver Stone has taken aim at the US government for deceiving people about the levels of surveillance that exist in the country. The Oscar-winning director was speaking at the Toronto film festival as his new film Snowden, about the controversial NSA informant Edward Snowden, received its world premiere. The drama, starring Joseph Gordon-Levitt in the lead role, tells of the former CIA employee’s discovery that the agency had constructed a system to spy on the public. “Americans don’t know anything about it because the government lies about it all the time,” Stone said at a press conference. “What’s going on now is pretty shocking. This story not only deals with eavesdropping but mass eavesdropping, drones and cyberwarfare. As Snowden said himself the other day, ‘It’s out of control, the world is out of control.’”
  • “Obama could pardon him and we hope so,” he said. “But he has vigorously prosecuted eight whistleblowers under the espionage act, which is an all-time record for an American president, and he’s been one of the most efficient managers of this surveillance world. It is the most extensive and invasive surveillance state that has ever existed and he’s built it up.” The film-maker, known for the politically charged dramas Nixon and JFK, finds the current situation, which he likens to a George Orwell novel, to be at odds with the world that he grew up in.
  • “I grew up in a world where I never thought this could happen,” he said. “But from 2001 on, it’s very clear that something radical has changed. There’s more to it that meets the eye and whatever they tell you, you’ve got to look beyond.”
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Video: Israel Is Spying In And On The U.S.? Part 1 - 0 views

  • BRIT HUME, HOST: It has been more than 16 years since a civilian working for the Navy was charged with passing secrets to Israel. Jonathan Pollard pled guilty to conspiracy to commit espionage and is serving a life sentence. At first, Israeli leaders claimed Pollard was part of a rogue operation, but later took responsibility for his work.  Now Fox News has learned some U.S. investigators believe that there are Israelis again very much engaged in spying in and on the U.S., who may have known things they didn't tell us before September 11. Fox News correspondent Carl Cameron has details in the first of a four-part series.  Published: 12/12/01 FOX News. Part 1 of a 4 part series:  Part 2-  Part 3  - Part 4 These items have since been removed from the FOX News web site:
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    The suppressed four-part Fox news series on Israeli spying in the U.S., with transcripts.
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Netanyahu scandals reflect corruption at the heart of Israeli society - Mondoweiss - 0 views

  •       Israeli prime minister Benjamin Netanyahu is in danger of being brought down, possibly soon, over what initially appears to be little more than an imprudent taste for Cuban cigars and pink champagne. In truth, however, the allegations ensnaring Netanyahu reveal far more than his personal flaws or an infatuation with the high life. They shine a rare light on the corrupt nexus between Israel’s business, political and media worlds, compounded by the perverse influence of overseas Jewish money. Of the two police investigations Netanyahu faces (there are more in the wings), the one known as Case 1000, concerning gifts from businessmen worth hundreds of thousands of dollars, is most likely to lead to his downfall. But it is the second investigation, Case 2000, and the still-murky relationship between the two cases, that more fully exposes the rot at the heart of Israel’s political system. This latter case hinges on a tape recording in which Netanyahu plots with an Israeli newspaper tycoon to rig media coverage in his favor. Leads from both cases suggest that Netanyahu may have been further meddling, together with his billionaire friends, in the shadowy world of international espionage.
  • Netanyahu’s appetite for a free lunch has been common knowledge in Israel since his first term as prime minister in the late 1990s. Then, he was twice investigated for fraud, though controversially charges were not brought in either case. Police discovered along the way that he and his wife, Sara, had horded many of the gifts he received during state visits. More than 100 were never recovered. The clarifications that were issued more than 15 years ago, as a result of those investigations, make it hard for Netanyahu to claim now that he did not understand the rules. According to justice ministry advice in 2001, government and state officials cannot keep gifts worth more than $100 without risking violating Israeli law. The gifts Netanyahu received from one of the Israeli businessmen involved in Case 1000, Hollywood film producer Arnon Milchan, amounted to as much as $180,000. Netanyahu has argued that these presents, ranging from cigars to jewelry, were expressions of a close friendship rather than bribes to him in his capacity as prime minister. The problem, however, is that Netanyahu appears to have reciprocated by using his position as head of the Israeli government to lobby John Kerry, the then U.S. secretary of state, to gain Milchan a 10-year U.S. residency visa. He may have done more.
  • Also being investigated are his family’s ties to a friend of Milchan’s, Australian billionaire James Packer, who made his fortune in the media and gambling industries. Packer has similarly lavished gifts on the Netanyahu family, especially Yair, Netanyahu’s eldest son. At the same time, Packer, now a neighbor of the Netanyahus in the coastal town of Caesarea, has been seeking permanent residency and the enormous benefits that would accrue with tax status in Israel. As a non-Jew, Packer should have no hope of being awarded residency. There are suspicions that Netanyahu may have been trying to pull strings on the Australian’s behalf. Many of these gifts were apparently not given freely. The Netanyahus asked for them. Indicating that Netanyahu knew there might be legal concerns, he used code words – “leaves” for cigars and “pinks” for champagne – to disguise his orders to Milchan. Police are reported to be confident, after questioning Netanyahu three times, that they have enough evidence to indict him. If they do, Netanyahu will be under heavy pressure to resign.
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  • Yossi Cohen was appointed head of the Mossad a year ago, after a government vetting committee accepted that he had no personal ties to Netanyahu. But Cohen forgot to mention that he is extremely close to Netanyahu’s high-flying friends – connections that are now under investigation. Milchan set up a global security firm in 2008 called Blue Sky International, stuffed with Israeli security veterans. Packer soon became a partner. They developed close ties to Cohen, first while he was a senior official at the Mossad and later when he headed Israel’s national security council. Before Cohen was appointed head of Mossad in December 2015, the pair had hoped to recruit him to their cyber-security operations. Cohen received several gifts from Packer, in violation of Israeli government rules, including a stay at one of his luxury hotels. A source speaking to Haaretz said Blue Sky had “more than [a] direct line” to Netanyahu. They “would pull him out from anywhere, at any time, on any occasion.” According to Haaretz’s military analyst, Amir Oren, the new disclosures raise serious questions about whether Milchan and Packer twisted Netanyahu’s arm to parachute Cohen into the post over the favored candidate. In return, Packer may have been hoping that Cohen would authorise exceptional Israeli residency for him, classifying him as a security asset.
  • From Hollywood to Mossad Cases 1000 and 2000 share at least one figure in common. Milchan gave Netanyahu extravagant gifts over many years, but he is also reported to have acted as go-between, bringing arch-enemies Netanyahu and Mozes together. Milchan has his own financial stake in the media, in his case a holding in the Channel 10 TV station. In addition, Milchan introduced Netanyahu to sympathetic businessmen, including his friend Packer, to discuss taking the ailing Yedioth media group off Mozes’ hands. Only last October he arranged for media mogul Rupert Murdoch’s son, Lachlan, to fly to Israel for one night for a secret meeting with Netanyahu. Milchan is undoubtedly at the centre of the shadowy world of power and finance that corrupts public life in Israel. Not only is Milchan a highly influential Hollywood figure, having produced more than 100 films, but he has admitted that he is a former Mossad agent. He used his Hollywood connections to help make arms deals and secure parts for Israel’s nuclear weapons program. One can only wonder whether Milchan was not effectively set up in his Hollywood career as a cover for his Mossad activities. But Milchan, it seems, is still wielding influence in Israel’s twilight world of security.
  • eyond this, one one can only speculate about how Cohen’s indebtedness to Milchan, Packer and Netanyahu might have influenced his decisions as head of the Mossad. It was only a few years ago that the former Mossad chief, Meir Dagan, was reported to have wrestled furiously with Netanyahu to stop him launching a military strike on Iran. Prosecution drags feet It is unclear for the time being whether the revelations are drawing to a close or will lead deeper into Israel’s twin netherworlds of financial corruption and security. But what has emerged so far should be enough to finish off Netanyahu as prime minister. Whether it does so may depend on the extent of Israel’s compromised legal system. Attorney general Avichai Mendelblit was appointed by Netanyahu and is a political ally. He appears to have been dragging his feet as much as possible to slow down the police investigation, if not sabotage it. But the weight of evidence is looking like it may prove too overwhelming. As political analyst Yossi Verter observed: “There’s no way that a police commissioner … appointed [by Netanyahu] and a cautious attorney general, who in the past was part of his close circle and one of his loyalists, would be putting him through the seven circles of hell if they weren’t convinced that there’s a solid basis for indictment and conviction.” The next question for Netanyahu is whether he will step down if indicted. He should, if Olmert’s example is followed. But his officials are citing a 1993 high court ruling that allows a cabinet minister under indictment to remain in office. Certainly if Netanyahu chooses to stay on, his decision would be appealed to the court again. However, the judges may be reluctant to oust a sitting prime minister. The court of public opinion is likely to be decisive in that regard. A recent poll shows few Israelis believe Netanyahu is innocent of the allegations. Some 54 per cent think he broke the law, while only 28 believe him. Opinion, however, is split evenly on whether he should resign.
  • If past experience is any measure, Netanyahu will try to turn public opinion his way by increasing friction with the Palestinians and exploiting the international arena, especially his relations with the Trump administration. He may be expected to encourage Trump at the very least to posture more stridently against Iran. Nonetheless, most observers assume Netanyahu is doomed – it is simply a matter of when. The odds are on an indictment in late spring, followed by elections in the fall, say Israeli analysts. At this stage, none of his political rivals wants to be seen stabbing Netanyahu in the back. Most are keeping quiet. But behind the scenes, political leaders are hurrying to forge new alliances and extract political concessions while Netanyahu is wounded.
  • Who might succeed Netanyahu? Yair Lapid, of the centre-right Yesh Atid, is heading the polls, but that may in part reflect the disarray in Netanyahu’s Likud party. In a sign of where the deeper currents in Israeli society are leading, a Maariv poll last week showed that settler leader Naftali Bennett would win an election if he were to head the Likud. Netanyahu now needs the help of all the powerful friends he can muster. His biggest ally, U.S. casino magnate Sheldon Adelson, may not be among them. After the revelations that Netanyahu was conspiring against him with Mozes, Adelson has cut back on Israel Hayom’s circulation and is reported to be offering less favorable coverage of the Netanyahus. That could prove the final straw, sealing Netanyahu’s fate.
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Obama concedes NSA bulk collection of phone data may be unnecessary | World news | theg... - 0 views

  • President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”
  • Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”
  • The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 
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  • The president also went further than his review panel in suggesting the US needed to rein in its overseas surveillance activities. “We have got to provide more confidence to the international community. In a virtual world, some of these boundaries don’t matter any more,” he said. “The values that we have got as Americans are ones that we have to be willing to apply beyond our borders, perhaps more systematically than we have done in the past.”
  • Conspicuously, Obama declined to rebut one assessment from his surveillance review group – that the bulk collection of US call data was not essential to stopping a terrorist attack. Instead, he contended that there had been “no abuse” of the bulk phone data collection. But in 2009, a judge on the secret surveillance court prevented the NSA from searching through its databases of US phone information after discovering “daily violations” resulting from NSA searches of Americans’ phone records without reasonable suspicion of connections to terrorism. That data was inaccessible to the NSA for almost all of 2009, before the Fisa court was convinced the NSA had sufficient safeguards in place for preventing similar violations
  • In another indication of the shifting landscape on surveillance, the telecoms giant AT&T announced on Friday that it will begin publishing a semi-annual report about its complicity with government surveillance requests. AT&T followed its competitor Verizon, which announced a similar move on Thursday.
  • The first such report is expected for early 2014, Watts said. While technology firms like Yahoo and Google have pushed for greater transparency about providing their customer data to the government, the telecommunications firms – which have cooperated with the NSA since the agency’s 1952 inception – did not join them before the events of the past week.
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    Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.   
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Spies worry over doomsday cache stashed by ex-NSA contractor Snowden | Reuters - 0 views

  • (Reuters) - British and U.S. intelligence officials say they are worried about a "doomsday" cache of highly classified, heavily encrypted material they believe former National Security Agency contractor Edward Snowden has stored on a data cloud. The cache contains documents generated by the NSA and other agencies and includes names of U.S. and allied intelligence personnel, seven current and former U.S. officials and other sources briefed on the matter said.The data is protected with sophisticated encryption, and multiple passwords are needed to open it, said two of the sources, who like the others spoke on condition of anonymity to discuss intelligence matters.The passwords are in the possession of at least three different people and are valid for only a brief time window each day, they said. The identities of persons who might have the passwords are unknown.
  • One source described the cache of still unpublished material as Snowden's "insurance policy" against arrest or physical harm.U.S. officials and other sources said only a small proportion of the classified material Snowden downloaded during stints as a contract systems administrator for NSA has been made public. Some Obama Administration officials have said privately that Snowden downloaded enough material to fuel two more years of news stories."The worst is yet to come," said one former U.S. official who follows the investigation closely.Snowden, who is believed to have downloaded between 50,000 and 200,000 classified NSA and British government documents, is living in Russia under temporary asylum, where he fled after traveling to Hong Kong. He has been charged in the United States under the Espionage Act.Cryptome, a website which started publishing leaked secret documents years before the group WikiLeaks or Snowden surfaced, estimated that the total number of Snowden documents made public so far is over 500.
  • Snowden's revelations of government secrets have brought to light extensive and previously unknown surveillance of phone, email and social media communications by the NSA and allied agencies. That has sparked several diplomatic rows between Washington and its allies, along with civil liberties debates in Europe, the United States and elsewhere.Among the material which Snowden acquired from classified government computer servers, but which has not been published by media outlets known to have had access to it, are documents containing names and resumes of employees working for NSA's British counterpart, the Government Communications Headquarters (GCHQ), sources familiar with the matter said.The sources said Snowden started downloading some of it from a classified GCHQ website, known as GC-Wiki, when he was employed by Dell and assigned to NSA in 2012.
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  • Glenn Greenwald, who met with Snowden in Hong Kong and was among the first to report on the leaked documents for the Guardian newspaper, said the former NSA contractor had "taken extreme precautions to make sure many different people around the world have these archives to insure the stories will inevitably be published.""If anything happens at all to Edward Snowden, he has arranged for them to get access to the full archives," Greenwald said in a June interview with the Daily Beast website. He added: "I don't know for sure whether has more documents than the ones he has given me... I believe he does."In an email exchange with Reuters, Greenwald, who has said he remains in contact with Snowden, affirmed his statements about Snowden's "precautions" but said he had nothing to add.Officials believe that the "doomsday" cache is stored and encrypted separately from any material that Snowden has provided to media outlets.
  • Sources familiar with unpublished material Snowden downloaded said it also contains information about the CIA - possibly including personnel names - as well as other U.S. spy agencies such as the National Reconnaissance Office and National Geospatial-Intelligence Agency, which operate U.S. image-producing satellites and analyze their data.U.S. security officials have indicated in briefings they do not know what, if any, of the material is still in Snowden's personal possession. Snowden himself has been quoted as saying he took no such materials with him to Russia.
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Russian Prime Minister says US hurt by evidence of 'cynical' spying - Independent.ie - 0 views

  • The United States faces a tough task undoing the damage inflicted by allegations it has spied on leaders of allied countries, Russian Prime Minister Dmitry Medvedev said.
  • Reports that the US National Security Agency tapped German Chancellor Angela Merkel's cellphone and conducted widespread electronic snooping in nations such as France, Italy, Spain and elsewhere have sparked anger among American allies."It's not very pleasant when you are spied on ... so the leaders are angry. I understand them," Medvedev told Reuters in an interview on Thursday.Medvedev suggested such spying was not unusual, but he added that "it is assumed that it is not done in such an absolutely cynical way"."Can the situation be calmed? I think it's possible. But to be honest, no assurances will help here," he said. "What can you say in this situation? 'Sorry, we won't do it anymore' or 'We will not try to listen in on you'? Nobody will believe it."
  • The snooping scandal is a result of disclosures of U.S. secrets made to media organisations by Edward Snowden, a former National Security Agency contractor who fled the United States and has been living in asylum in Russia since August.Spy scandals strained relations between Russia and the United States during Medvedev's 2008-2012 presidency and have continued to do so since Vladimir Putin returned to the Kremlin last year.Former KGB spy Putin said Russia would shelter Snowden only if he stopped harming the United States, but the president ignored U.S. pleas to send the American home to face espionage charges.The decision to grant Snowden asylum seemed to underscore Putin's accusations that the United States preaches to the world about rights and freedoms it does not uphold at home.A German lawmaker said he met Snowden in Moscow on Thursday and that the former NSA contractor was willing to come to assist investigations into alleged U.S. surveillance of Merkel.
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    "'Can the situation be calmed? I think it's possible. But to be honest, no assurances will help here,' he said. 'What can you say in this situation? "Sorry, we won't do it anymore" or "We will not try to listen in on you"? Nobody will believe it.'" --- Russian Prime Minister Dmitry Medvedev. Now if only our idiots in Congress and the White House would begin to understand this. 
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Tomgram: Pepe Escobar, The Tao of Containing China | TomDispatch - 0 views

  • Sun Tzu, the ancient author of The Art of War, must be throwing a rice wine party in his heavenly tomb in the wake of the shirtsleeves California love-in between President Obama and President Xi Jinping. "Know your enemy" was, it seems, the theme of the meeting. Beijing was very much aware of -- and had furiously protested -- Washington’s deep plunge into China’s computer networks over the past 15 years via a secretive NSA unit, the Office of Tailored Access Operations (with the apt acronym TAO). Yet Xi merrily allowed Obama to pontificate on hacking and cyber-theft as if China were alone on such a stage. Enter -- with perfect timing -- Edward Snowden, the spy who came in from Hawaii and who has been holed up in Hong Kong since May 20th. And cut to the wickedly straight-faced, no-commentary-needed take on Obama’s hacker army by Xinhua, the Chinese Communist Party’s official press service. With America’s dark-side-of-the-moon surveillance programs like Prism suddenly in the global spotlight, the Chinese, long blistered by Washington’s charges about hacking American corporate and military websites, were polite enough. They didn’t even bother to mention that Prism was just another node in the Pentagon’s Joint Vision 2020 dream of “full spectrum dominance.” By revealing the existence of Prism (and other related surveillance programs), Snowden handed Beijing a roast duck banquet of a motive for sticking with cyber-surveillance. Especially after Snowden, a few days later, doubled down by unveiling what Xi, of course, already knew -- that the National Security Agency had for years been relentlessly hacking both Hong Kong and mainland Chinese computer networks.
  • But the ultimate shark fin’s soup on China’s recent banquet card was an editorial in the Communist Party-controlled Global Times.  “Snowden,” it acknowledged, “is a ‘card’ that China never expected,” adding that “China is neither adept at nor used to playing it.” Its recommendation: use the recent leaks “as evidence to negotiate with the U.S.” It also offered a warning that “public opinion will turn against China’s central government and the Hong Kong SAR [Special Administrative Region] government if they choose to send [Snowden] back.” With a set of cyber-campaigns -- from cyber-enabled economic theft and espionage to the possibility of future state-sanctioned cyber-attacks -- evolving in the shadows, it’s hard to spin the sunny “new type of great power relationship” President Xi suggested for the U.S. and China at the recent summit. It’s the (State) Economy, Stupid The unfolding Snowden cyber-saga effectively drowned out the Obama administration’s interest in learning more about Xi’s immensely ambitious plans for reconfiguring the Chinese economy -- and how to capture a piece of that future economic pie for American business. Essential to those plans is an astonishing investment of $6.4 trillion by China’s leadership in a drive to “urbanize” the economy yet further by 2020.
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    Lengthy political analysis by the sterling Pepe Escobar on China/U.S. relations and Chinese President Xi Jinping's goals for the future of China during his period of national leadership. He leads with the impact of the NSA scandal, but goes on to paint a far more detailed picture of China's role in international policy, economic progress, and economic plans being executed. This is a must-read for China-watchers. As always, Pepe provides a lively read.
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My Life Unmasking British Eavesdroppers - 0 views

  • In my 40 years of reporting on mass surveillance, I have been raided three times; jailed once; had television programs I made or assisted making banned from airing under government pressure five times; seen tapes seized; faced being shoved out of a helicopter; had my phone tapped for at least a decade; and — with this arrest — been lined up to face up to 30 years imprisonment for alleged violations of secrecy laws. And why do I keep going? Because from the beginning, my investigations revealed a once-unimaginable scope of governmental surveillance, collusion, and concealment by the British and U.S. governments — practices that were always as much about domestic spying during times of peace as they were about keeping citizens safe from supposed foreign enemies, thus giving the British government the potential power to become, as our source that night had put it, a virtual “police state.”
  • A decade later, in a parliamentary debate, Foreign Secretary David Owen revealed that he was initially against our being prosecuted, but was convinced to go along after being promised that we journalists could be jailed in secret. “Everybody came in and persuaded me that it would be terrible not to prosecute. … I eventually relented. But one of my reasons for doing so was that I was given an absolute promise that the case would be heard in camera [a secret hearing].” In the face of this security onslaught, the politicians collapsed and agreed we should all be charged with espionage — although there was no suggestion that we wanted to do anything other than write articles. I was alleged to be “a thoroughly subversive man who was quite prepared to publish information which was secret,” my lawyer later wrote in his memoir.
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    Play it again, Sam! Reliving the history of the journalist who broke the ECHELON story.
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United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views

  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
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