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HSBC faces £70bn capital hole, warn Hong Kong analysts - Yahoo Finance UK - 0 views

  • Research firm Forensic Asia calculates that HSBC has overstated the value of the assets on its balance sheet by more than £50bnHSBC could have overstated its assets by more than £50bn and ultimately need a capital injection of close to £70bn before the end of this decade, according to an incendiary report published by a Hong Kong-based research firm . Forensic Asia on Tuesday began its coverage of Britain’s largest banking group with a ‘sell’ recommendation, warning the lender had between $63.6bn (£38.7bn) and $92.3bn of “questionable assets” on its balance sheet, ranging from loan loss reserves and accrued interest to deferred tax assets, defined benefit pension schemes and opaque Level 3 assets. The broker’s note is written by two of its senior analysts, Thomas Monaco and Andrew Haskins . Mr Monaco is a former senior bank examiner at the Federal Reserve Bank of New York and previously worked as a fund manager at FrontPoint Partners, the hedge fund that spotted the US subprime bubble. As well as this, he has also spent a decade as a banks analyst at various leading investment banks. Mr Haskins previously worked at HSBC for 15 years, mainly as a telecoms analyst, and also co-ran Japanese bank Mitsubishi UFJ’s Hong Kong-based research team.
  • In the report, the analysts apply what they describe as a “moderate stress test” to the balance sheets of HSBC’s major subsidiaries. From this analysis they conclude that even using a low-end estimate, the assets of the bank’s Hong Kong division, for instance, are overstated by about $15bn, while those of its UK subsidiary could be overvalued by $17bn. Taking the analysis further, the report sets out the impact of incoming Basel III capital rules and says HSBC could be required at a minimum to raise close to $60bn in new capital by 2019 and potentially as much as $111bn. “In our view, HSBC has not made the necessary adjustments, during the quantitative easing reprieve. Rather, it has allowed legacy problems to linger as new ones in emerging markets gather pace. The result has been extreme earnings overstatement, causing HSBC to become one of the largest practitioners of capital forebearance globally. This charade appears to be ending, given how few earnings levers remain besides selling off core elements of the franchise and the stringencies of Basel III compliance,” wrote Forensic Asia.
  • The broker adds: “While having stated capital ratios well above peer averages is all well and good, HSBC’s stated capital ratios would appear to be nothing more than a mirage if our analysis is correct.” Even under current capital rules, Forensic Asia estimates that its valuations of HSBC’s group and subsidiary balance sheets suggests the bank has a current capital shortfall of $45.1bn. The report adds the workings do not include probable litigation costs linked to various claims on the bank, which they see coming in at no less than $10bn. HSBC, Britain’s biggest bank by market capitalisation and total assets, is also reckoned to be the UK’s best capitalised major lender, with a tier 1 ratio of 12.8pc, well above the minimum required by the Prudential (Frankfurt: PRU.F - news) Regulation Authority
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  • Most analysts rate HSBC shares a 'buy', arguing the bank has plenty of excess capital. Deutsche Bank (Xetra: DBK.DE - news) reckons the lender has $500bn in excess deposits and liquidity and will benefit strongly when interest rates rise. Simon Maughan, head of research at OTAS Technologies, told CNBC : “If we look at the credit market and implied volatility on HSBS shares, it’s significantly less than the European bank average—whether it’s equity, credit or option markets, they’re not concerned by this story. “What Tom [Thomas Monaco] is saying is HSBC has surplus capital but under his stress test environment, that disappears—well, that’s kind of what surplus capital is there for in the first place. “Secondly he’s saying they haven’t used the period of QE to dispose of legacy assets. It’s precisely because of HSBC’s capital strength that they made the decision to hold onto those legacy assets and get a better price for them when they matured ... I don’t think that it’s something major shareholders, certainly the ones we speak to, are concerned about.” HSBC declined to comment.
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Snowden Docs: British Spies Used Sex and 'Dirty Tricks' - NBC News.com - 0 views

  • ritish spies have developed “dirty tricks” for use against nations, hackers, terror groups, suspected criminals and arms dealers that include releasing computer viruses, spying on journalists and diplomats, jamming phones and computers, and using sex to lure targets into “honey traps.”Documents taken from the National Security Agency by Edward Snowden and exclusively obtained by NBC News describe techniques developed by a secret British spy unit called the Joint Threat Research and Intelligence Group (JTRIG) as part of a growing mission to go on offense and attack adversaries ranging from Iran to the hacktivists of Anonymous. According to the documents, which come from presentations prepped in 2010 and 2012 for NSA cyber spy conferences, the agency’s goal was to “destroy, deny, degrade [and] disrupt” enemies by “discrediting” them, planting misinformation and shutting down their communications. advertisement Both PowerPoint presentations describe “Effects” campaigns that are broadly divided into two categories: cyber attacks and propaganda operations. The propaganda campaigns use deception, mass messaging and “pushing stories” via Twitter, Flickr, Facebook and YouTube. JTRIG also uses “false flag” operations, in which British agents carry out online actions that are designed to look like they were performed by one of Britain’s adversaries.
  • ritish spies have developed “dirty tricks” for use against nations, hackers, terror groups, suspected criminals and arms dealers that include releasing computer viruses, spying on journalists and diplomats, jamming phones and computers, and using sex to lure targets into “honey traps.”Documents taken from the National Security Agency by Edward Snowden and exclusively obtained by NBC News describe techniques developed by a secret British spy unit called the Joint Threat Research and Intelligence Group (JTRIG) as part of a growing mission to go on offense and attack adversaries ranging from Iran to the hacktivists of Anonymous. According to the documents, which come from presentations prepped in 2010 and 2012 for NSA cyber spy conferences, the agency’s goal was to “destroy, deny, degrade [and] disrupt” enemies by “discrediting” them, planting misinformation and shutting down their communications.
  • In connection with this report, NBC is publishing documents that Edward Snowden took from the NSA before fleeing the U.S., which can be viewed by clicking here and here. The documents are being published with minimal redactions.
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    Glenn Greenwald adds another dollop to the brew. 
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Court Rules Feds Need Warrant to Access Drug Prescriptions Database | American Civil Li... - 0 views

  • In a significant win for the privacy rights of anyone who has ever gotten a drug prescription, a federal judge in Oregon ruled yesterday that the DEA needs a warrant to search confidential prescription records. Oregon, like 48 other states, has a Prescription Drug Monitoring Program (PDMP), which tracks patients’ prescriptions for medications used to treat a long list of sensitive medical conditions. Although Oregon law requires police to get a warrant from a judge before searching prescription records in the database, the DEA has been requesting records using administrative subpoenas, which do not involve judicial authorization or probable cause. After the State of Oregon sued the DEA over this practice, the ACLU and ACLU of Oregon joined the suit on behalf of four patients and a doctor in the state. Last month, we argued in court that the DEA is violating the Fourth Amendment by bypassing the Constitution’s warrant requirement when seeking private prescription records. Yesterday, the court agreed. The court’s ruling is the first time a judge has held that law enforcement must get a probable cause warrant to access confidential prescription records from a state database in a criminal investigation. The opinion is significant for several reasons.
  • First, the court soundly rejected the DEA’s extreme argument that people lose their Fourth Amendment privacy rights in their medical information when they engage in confidential discussions with their doctor and pharmacist about their illnesses and treatment decisions. The federal government had argued that the “third party doctrine” applied, comparing confidential prescription records to electricity consumption records, bank records, and other categories of information held by third-party companies, for which courts have said police don’t need a warrant. The judge batted this argument aside, explaining that prescription records are “more inherently personal or private than bank records, and are entitled to and treated with a heightened expectation of privacy.” As the court held: “Although there is not an absolute right to privacy in prescription information, as patients must expect that physicians, pharmacists, and other medical personnel can and must access their records, it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records.” More importantly, this ruling fits into a series of recent opinions calling into question the continuing vitality of the third party doctrine in modern society. As Justice Sotomayor wrote in United States v. Jonestwo years ago, “it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties. This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” This sentiment was echoed by the federal judge who ruled last year that the NSA’s bulk telephone metadata program violates the Fourth Amendment. The Oregon case is another blow to the third party doctrine’s shaky foundation.
  • In addition, although yesterday’s ruling is only binding within Oregon, it will be persuasive precedent for courts evaluating law enforcement’s use of subpoenas to obtain private prescription records—and similar information—around the country. The case is a reminder to the DEA and other law enforcement agencies that they are not above the law, and that they must comply with the Fourth Amendment’s warrant requirement when seeking sensitive information in criminal investigations. Finally, the case should add momentum to a movement within state legislatures to amend PDMP statutes to require police to get a warrant for prescription records. Ten states currently require a warrant as a matter of state law (Rhode Island was the most recent state to add this requirement, last year). The Pennsylvania House has passed legislation creating a warrant requirement for that state’s PDMP, and is waiting for the state senate to act. The Florida legislature may update the privacy protections for its PDMP this year. Action by state legislatures will send a strong message to the DEA that it should be getting warrants everywhere, not just in Oregon.
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    A case to watch as it wends it way through the appellate process. A very big win for the ACLU, with major implications for federal intelligence gathering in general. 
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Farsnews - 0 views

  • "The Iranian Army's naval fleets have already started their voyage towards the Atlantic Ocean via the waters near South Africa," Commander of Iran's Northern Navy Fleet Admiral Afshin Rezayee Haddad announced on Saturday. The admiral, who is also the commander of the Iranian Army's 4th Naval Zone said, "Iran's military fleet is approaching the United States' maritime borders, and this move has a message." In September 2012, Iran's Navy Commander Rear Admiral Habibollah Sayyari reiterated Iran's plans for sailing off the US coasts to counter the US presence in its waters in the Persian Gulf. Sayyari had earlier informed of Tehran's plans to send its naval forces to the Atlantic to deploy along the US marine borders, and in September 2012 he said that this would happen "in the next few years". The plan is part of Iran's response to Washington's beefed up naval presence in the Persian Gulf. The US Navy's 5th fleet is based in Bahrain - across the Persian Gulf from Iran - and the US has conducted two major maritime war games in the last two years.
  • In September 2011, Sayyari had announced that the country planned to move vessels into the Atlantic Ocean to start a naval buildup "near maritime borders of the United States". "Like the arrogant powers that are present near our maritime borders, we will also have a powerful presence close to the American marine borders," Sayyari said. Speaking at a ceremony marking the 31st anniversary of the start of the 1980-1988 war with Iraq, Sayyari gave no details of when such a deployment could happen or the number or type of vessels to be used. Sayyari had first announced in July, 2011 that Iran was going to send "a flotilla into the Atlantic".
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    Iran adds to its leverage in negotiations with the U.S. over the Iranian nukes myth.  Should the U.S. decide to launch missiles against Iran, Iran will be positioned to launch a few of its own at the U.S. East Coast before the Iranian naval forces are neutralized.
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Gold Price "Manipulated For A Decade", Repeatedly Slammed Lower, Bloomberg Reports | Ze... - 0 views

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    "While the FT promptly retracted an article on precisely the topic of gold manipulation from earlier this week (recorded for posterity here), Bloomberg appears to not have had the same "editorial" concerns and pressures, and today released an article once again slamming the final conspiracy theory that while every other asset class is manipulated, gold is in a pristine class of its own, untouched by close-banging, price fixing traders or central bankers, and reports that "the London gold fix, the benchmark used by miners, jewelers and central banks to value the metal, may have been manipulated for a decade by the banks setting it, researchers say." Of course, over the past 5 years we have reported time and again how official gold manipulation started in earnest some time in the 1960s (who can forget the "reshuffle club") but we will start with a decade. Here is what BBG finds: Unusual trading patterns around 3 p.m. in London, when the so-called afternoon fix is set on a private conference call between five of the biggest gold dealers, are a sign of collusive behavior and should be investigated, New York University's Stern School of Business Professor Rosa Abrantes-Metz and Albert Metz, a managing director at Moody's Investors Service, wrote in a draft research paper.   "The structure of the benchmark is certainly conducive to collusion and manipulation, and the empirical data are consistent with price artificiality," they say in the report, which hasn't yet been submitted for publication. "It is likely that co-operation between participants may be occurring."   The paper is the first to raise the possibility that the five banks overseeing the century-old rate -- Barclays Plc, Deutsche Bank AG, Bank of Nova Scotia, HSBC Holdings Plc and Societe Generale SA -- may have been actively working together to manipulate the benchmark. It also adds to pressure on the firms to overhaul the way the rate is calculated. Authorities around the world, already inv
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Clipper chip - Wikipedia, the free encyclopedia - 0 views

  • The Clipper chip was not embraced by consumers or manufacturers and the chip itself was no longer relevant by 1996. The U.S. government continued to press for key escrow by offering incentives to manufacturers, allowing more relaxed export controls if key escrow were part of cryptographic software that was exported. These attempts were largely made moot by the widespread use of strong cryptographic technologies, such as PGP, which were not under the control of the U.S. government.
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    But were the government attempts actually mooted? Or did they come up with other bribes for the OEMs to add NSA backdoors to their hardware? An inquiring world wishes to know. See http://www.spiegel.de/international/world/catalog-reveals-nsa-has-back-doors-for-numerous-devices-a-940994.html (NSA backdoors in routers and hard drives). 
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Israel: Gas, Oil and Trouble in the Levant | Global Research - 0 views

  • Israel is set to become a major exporter of gas and some oil, if all goes to plan. The giant Leviathan natural gas field, in the eastern Mediterranean, discovered in December 2010, is widely described as “off the coast of Israel.”
  • Coupled with Tamar field, in the same location, discovered in 2009, the prospects are for an energy bonanza for Israel, for Houston, Texas based Noble Energy and partners Delek Drilling, Avner Oil Exploration and Ratio Oil Exploration.
  • However, even these estimates may prove modest. In their: “Assessment of Undiscovered Oil and Gas Resources of the Levant Basin Province, Eastern Mediterranean”, the US Department of the Interior’s US Geological Survey, wrote in 2010: “We estimated a mean of 1.7 billion barrels of recoverable oil and a mean of 122 trillion cubic feet of recoverable gas in this province using a geology based assessment methodology.”
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  • Whilst Israel claims them as her very own treasure trove, only a fraction of the sea’s wealth lies in Israel’s bailiwick as maps (iv, v, see below) clearly show. Much is still unexplored, but currently Palestine’s Gaza and the West Bank between them show the greatest discoveries, with anything found in Lebanon and Syria’s territorial waters sure to involve claims from both countries.
  • In a pre-emptive move, on Christmas Day, Syria announced a deal with Russia to explore 2,190 kilometres (850 Sq. miles) for oil and gas off its Mediterranean coast, to be: “… financed by Russia, and should oil and gas be discovered in commercial quantities, Moscow will recover the exploration costs.” Syrian Oil Minister, Ali Abbas said during the signing ceremony that the contract covers “25 years, over several phases.”
  • The agreement is reported to have resulted from “months of long negotiations” between the two countries. Russia, as one of the Syrian government’s main backers, looks set to also become a major player in the Levant Basin’s energy wealth. (vi) Lebanon disputes Israel’s map of the Israeli-Lebanese maritime border, filing their own map and claims with the UN in 2010. Israel claims Lebanon is in the process of granting oil and gas exploration licenses in what Israel claims as its “exclusive economic zone.” That the US in the guise of Vice President Joe Biden, as honest broker, acting peace negotiator in the maritime border dispute would be laughable, were it not potential for Israel to attack their neighbour again. In a visit to Israel in March 2010, Biden announced: “There is absolutely no space between the United States and Israel when it comes to Israel’s security- none at all”, also announcing on arrival in Israel:”It’s good to be home.” Given US decades of  “peace brokering” between Israel and Palestine, this is already a road of pitfalls, one sidedness and duplicity, well traveled. There is trouble ahead.
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    More evidence that oil and gas natural resources play a role in Mideast politics and wars. And Joe Biden's "It's good to be home" remark on arrival in Israel adds further evidence that the U.S. is not an honest negotiator/mediator when it comes to Israel/Palestine and the Syrian peace process. It's actually pretty outrageous that a U.S. Vice  President would stoop so low as to call Israel his "home." It's indicative of divided loyalty at best.
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Petrodollar Alert: Putin Prepares To Announce "Holy Grail" Gas Deal With China | Zero H... - 0 views

  • While Europe is furiously scrambling to find alternative sources of energy should Gazprom pull the plug on natgas exports to Germany and Europe (the imminent surge in Ukraine gas prices by 40% is probably the best indication of what the outcome would be), Russia is preparing the announcement of the "Holy Grail" energy deal with none other than China, a move which would send geopolitical shockwaves around the world and bind the two nations in a commodity-backed axis. One which, as some especially on these pages, have suggested would lay the groundwork for a new joint, commodity-backed reserve currency that bypasses the dollar, something which Russia implied moments ago when its finance minister Siluanov said that Russia may refrain from foreign borrowing this year. Translated: bypass western purchases of Russian debt, funded by Chinese purchases of US Treasurys, and go straight to the source. Here is what will likely happen next, as explained by Reuters:
  • Igor Sechin gathered media in Tokyo the next day to warn Western governments that more sanctions over Moscow's seizure of the Black Sea peninsula from Ukraine would be counter-productive.   The underlying message from the head of Russia's biggest oil company, Rosneft, was clear: If Europe and the United States isolate Russia, Moscow will look East for new business, energy deals, military contracts and political alliances.    The Holy Grail for Moscow is a natural gas supply deal with China that is apparently now close after years of negotiations. If it can be signed when Putin visits China in May, he will be able to hold it up to show that global power has shifted eastwards and he does not need the West. More details on the revelation of said "Holy Grail": State-owned Russian gas firm Gazprom hopes to pump 38 billion cubic meters (bcm) of natural gas per year to China from 2018 via the first pipeline between the world's largest producer of conventional gas to the largest consumer.   "May is in our plans," a Gazprom spokesman said, when asked about the timing of an agreement. A company source said: "It would be logical to expect the deal during Putin's visit to China."
  • Summarizing what should be and is painfully obvious to all, but apparently to the White House, which keeps prodding at Russia, is the following: "The worse Russia's relations are with the West, the closer Russia will want to be to China. If China supports you, no one can say you're isolated," said Vasily Kashin, a China expert at the Analysis of Strategies and Technologies (CAST) think thank. Bingo. And now add bilateral trade denominated in either Rubles or Renminbi (or gold), add Iran, Iraq, India, and soon the Saudis (China's largest foreign source of crude, whose crown prince also happened to meet president Xi Jinping last week to expand trade further) and wave goodbye to the petrodollar.
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    The follies of an empire in decline that still imagines itself the master of the planet. 
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1913: The Blow That Killed America 100 Years Ago - 0 views

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    "There is a lot of ruin in a nation," wrote Adam Smith. His point was that it takes a long time for nations to fall, even when they're dead on their feet. And he was certainly right. America took its fatal blow in 1913, one hundred years ago; it just hasn't hit the ground yet. This is a slow process, but it's actually fast compared to the Romans. It took them several centuries to collapse . The confusing thing about our current situation is that America - and by that I mean the noble America that so many of us grew up believing was real - has long been poisoned. Its liver, kidneys, and spleen have all stopped functioning. Its heart beats slowly and irregularly. But it still stands on its feet and presents itself as alive to all those who would let their eyes fool them. And I'm not without sympathy for those who want to believe. They find themselves in a world where politics is almighty, and where their comfort, prosperity, and perhaps their survival all hang in a delicate balance. They don't want to upset anything, and questioning the bosses is a good way to get yelled at. But just because someone wants to believe doesn't make it so. We are not children and we are not powerless. We Producers should never be intimidated by those who live at our expense. So let's start looking at the facts. 1913: The Horrible Year For all the problems America had prior to 1913 (including the unnecessary and horrifying Civil War), nothing spelled the death of the nation like the horrors of 1913. Here are the key dates: February 3rd : The 16th Amendment to the United States Constitution was ratified, authorizing the Federal government to impose income taxes on individuals. An amendment to a tariff act in 1894 had attempted to do this, but since it was clearly unconstitutional, the Supreme Court struck it down. As a result - and mostly under the banner of bleeding the rich - the 16th amendment was promoted and passed. As a result, the Revenue Act of 1
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What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney ... - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
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IPS - Lavrov Reveals Amended Draft Circulated at "Last Moment" | Inter Press Service - 0 views

  • Nov 15 2013 (IPS) - Russian Foreign Minister Sergey Lavrov revealed a crucial detail Thursday about last week’s nuclear talks with Iran in Geneva that explains much more clearly than previous reports why the meeting broke up without agreement. Lavrov said the United States circulated a draft that had been amended in response to French demands to other members of the six-power P5+1 for approval “literally at the last moment, when we were about to leave Geneva.” Lavrov’s revelation, which has thus far been ignored by major news outlets, came in a news conference in Cairo Thursday that was largely devoted to Egypt and Syria. Lavrov provided the first real details about the circumstances under which Iran left Geneva without agreeing to the draft presented by the P5+1.
  • The full quote from Lavrov’s press conference is available thanks to the report from Voice of Russia correspondent Ksenya Melnikova. Lavrov noted that unlike previous meetings involving the P5+1 and Iran, “This time, the P5+1 group did not formulate any joint document.” Instead, he said, “There was an American-proposed draft, which eventually received Iran’s consent.” Lavrov thus confirmed the fact that the United States and Iran had reached informal agreement on a negotiating text. He further confirmed that Russia had been consulted, along with the four other powers in the negotiations with Iran (China, France, Germany and the UK), about that draft earlier in the talks –- apparently Thursday night, from other published information. “We vigorously supported this draft,” Lavrov said. “If this document had been supported by all [members of the P5+1], it would have already been adopted. We would probably already be in the initial stages of implementing the agreements that were offered by it.”
  • Then Lavrov revealed for the first time that the U.S. delegation had made changes in the negotiating text that had already been worked out with Iran at the insistence of France without having consulted Russia. “But amendments to [the negotiating draft] suddenly surfaced,” Lavrov said. “We did not see them. And the amended version was circulated literally at the last moment, when we were about to leave Geneva.” Lavrov implies that the Russian delegation, forced to make a quick up or down decision on the amended draft, did not realise the degree to which it was likely to cause the talks to fail. “At first sight, the Russian delegation did not notice any significant problems in the proposed amendments,” Lavrov said. He made it clear, however, that he now considers the U.S. maneuvre in getting the six powers on board a draft that had been amended with tougher language – even if softened by U.S. drafters — without any prior consultation with Iran to have been a diplomatic blunder.
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  • “[N]aturally, the language of these ideas should be acceptable for all the participants in this process – both the P5+1 group and Iran,” Lavrov said. The crucial details provided by Lavrov on the timing of the amended draft shed new light on Secretary of State John Kerry’s claim in a press conference in Abu Dhabi on Monday of unity among the six powers on the that draft. “We were unified on Saturday when we presented a proposal to the Iranians.” Kerry said, adding that “everybody agreed it was a fair proposal.” Kerry gave no indication of when on Saturday that proposal had been approved by the other five powers, nor did he acknowledge explicitly that it was a draft that departed from the earlier draft agreed upon with Iran. Lavrov’s remarks make it clear that the other members of the group had little or no time to study or discuss the changes before deciding whether to go along with it.
  • Although the nature of the changes in the amended draft remain a secret, Iranian Foreign Minister Mohammad Javad Zarif has charged that they were quite far-reaching and that they affected far more of the draft agreement that had been worked out between the United States and Iran than had been acknowledged by any of the participants. In tweets on Tuesday, Zarif, responding to Kerry’s remarks in Abu Dhabi, wrote, “Mr. Secretary, was it Iran that gutted over half of US draft Thursday night?” Zarif’s comments indicated that changes of wording had nullified the previous understanding that had been reached between the United States and Iran on multiple issues.
  • Zarif’s tweet, combined with remarks by President Hassan Rouhani to the national assembly Sunday warning that Iran’s rights to enrichment are “red lines” that could not be crossed, suggests further that the language of the original draft agreement dealing with the “end game” of the negotiating process was also changed on Saturday. Kerry himself alluded to the issue in his remarks in Abu Dhabi, using the curious formulation that no nation has an “existing right to enrich.” One of the language changes in the agreement evidently related to that issue, and it was aimed at satisfying a demand of Israeli origin at the expense of Iran’s support for the draft. Now the Obama administration will face a decision whether to press Iran to go along with those changes or to go back to the original compromise when political directors of the six powers and Iran reconvene Nov. 20. That choice will provide the key indicator of how strongly committed Obama is to reaching an agreement with Iran.
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    The article adds more detail than quoted. The picture that emerges is that John Kerry and French foreign minister Laurent Fabius carried water for the Israelis and Saudis to blow up the negotiation at the last moment, after all sides had preliminarily agreed to a text, by substituting a new and very substantially different text without consulting the other P-5+1 members or Iran. That is a down and dirty negotiation tactic; no wonder the negotiation failed. It should be kept in mind that the Israeli and Saudi governments' real goal is not halting Iran's development of a nuclear industry but is instead to persuade or trick the U.S. into bombing Iran back into the Stone Age, as the U.S. did to Iraq in the early 1990s under Emperor Bush 1 with a repeat performance by Emperor Bush II a decade later.  As to Kerry's preposterous claim that no nation has a right to enrich uranium, in reality every nation has that right jus cogens, with the only limitations being on nations that are members of the Non-Proliferation Treaty, which nations still retain the right to enrich up to 20 percent as Iran has been doing. Claims to the contrary are either misinformed or mere false propaganda. See http://armscontrollaw.com/2013/11/07/scope-meaning-and-juridical-implication-of-the-npt-article-iv1-inalienable-right/
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Bankers Get $4 Trillion Gift From Barney Frank: David Reilly - Bloomberg - 1 views

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    excerpt: "While banks opposed the legislation, they should cheer for its passage by the full Congress in the New Year: There are huge giveaways insuring the government will again rescue banks and Wall Street if the need arises. Nuggets Gleaned Here are some of the nuggets I gleaned from days spent reading Frank's handiwork: -- For all its heft, the bill doesn't once mention the words "too-big-to-fail," the main issue confronting the financial system. Admitting you have a problem, as any 12- stepper knows, is the crucial first step toward recovery. -- Instead, it supports the biggest banks. It authorizes Federal Reserve banks to provide as much as $4 trillion in emergency funding the next time Wall Street crashes. So much for "no-more-bailouts" talk. That is more than twice what the Fed pumped into markets this time around. The size of the fund makes the bribes in the Senate's health-care bill look minuscule. -- Oh, hold on, the Federal Reserve and Treasury Secretary can't authorize these funds unless "there is at least a 99 percent likelihood that all funds and interest will be paid back." Too bad the same models used to foresee the housing meltdown probably will be used to predict this likelihood as well. More Bailouts -- The bill also allows the government, in a crisis, to back financial firms' debts. Bondholders can sleep easy -- there are more bailouts to come. -- The legislation does create a council of regulators to spot risks to the financial system and big financial firms. Unfortunately this group is made up of folks who missed the problems that led to the current crisis. -- Don't worry, this time regulators will have better tools. Six months after being created, the council will report to Congress on "whether setting up an electronic database" would be a help. Maybe they'll even get to use that Internet thingy. -- This group, among its many powers, can restrict the ability of a financial firm to trade for its own account. Perha
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Brazil Looks to Break from U.S.-Centric Internet | TIME.com - 0 views

  • Brazil plans to divorce itself from the U.S.-centric Internet over Washington’s widespread online spying, a move that many experts fear will be a potentially dangerous first step toward fracturing a global network built with minimal interference by governments. President Dilma Rousseff ordered a series of measures aimed at greater Brazilian online independence and security following revelations that the U.S. National Security Agency intercepted her communications, hacked into the state-owned Petrobras oil company’s network and spied on Brazilians who entrusted their personal data to U.S. tech companies such as Facebook and Google. The leader is so angered by the espionage that on Tuesday she postponed next month’s scheduled trip to Washington, where she was to be honored with a state dinner. Internet security and policy experts say the Brazilian government’s reaction to information leaked by former NSA contractor Edward Snowden is understandable, but warn it could set the Internet on a course of Balkanization.
  • “The global backlash is only beginning and will get far more severe in coming months,” said Sascha Meinrath, director of the Open Technology Institute at the Washington-based New America Foundation think tank. “This notion of national privacy sovereignty is going to be an increasingly salient issue around the globe.” While Brazil isn’t proposing to bar its citizens from U.S.-based Web services, it wants their data to be stored locally as the nation assumes greater control over Brazilians’ Internet use to protect them from NSA snooping. The danger of mandating that kind of geographic isolation, Meinrath said, is that it could render inoperable popular software applications and services and endanger the Internet’s open, interconnected structure.
  • The effort by Latin America’s biggest economy to digitally isolate itself from U.S. spying not only could be costly and difficult, it could encourage repressive governments to seek greater technical control over the Internet to crush free expression at home, experts say. In December, countries advocating greater “cyber-sovereignty” pushed for such control at an International Telecommunications Union meeting in Dubai, with Western democracies led by the United States and the European Union in opposition.
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  • Rousseff says she intends to push for international rules on privacy and security in hardware and software during the U.N. General Assembly meeting later this month. Among Snowden revelations: the NSA has created backdoors in software and Web-based services. Brazil is now pushing more aggressively than any other nation to end U.S. commercial hegemony on the Internet. More than 80 percent of online search, for example, is controlled by U.S.-based companies. Most of Brazil’s global Internet traffic passes through the United States, so Rousseff’s government plans to lay underwater fiber optic cable directly to Europe and also link to all South American nations to create what it hopes will be a network free of U.S. eavesdropping.
  • More communications integrity protection is expected when Telebras, the state-run telecom company, works with partners to oversee the launch in 2016 of Brazil’s first communications satellite, for military and public Internet traffic. Brazil’s military currently relies on a satellite run by Embratel, which Mexican billionaire Carlos Slim controls. Rousseff is urging Brazil’s Congress to compel Facebook, Google and all companies to store data generated by Brazilians on servers physically located inside Brazil in order to shield it from the NSA. If that happens, and other nations follow suit, Silicon Valley’s bottom line could be hit by lost business and higher operating costs: Brazilians rank No. 3 on Facebook and No. 2 on Twitter and YouTube. An August study by a respected U.S. technology policy nonprofit estimated the fallout from the NSA spying scandal could cost the U.S. cloud computing industry, which stores data remotely to give users easy access from any device, as much as $35 billion by 2016 in lost business.
  • Brazil also plans to build more Internet exchange points, places where vast amounts of data are relayed, in order to route Brazilians’ traffic away from potential interception. And its postal service plans by next year to create an encrypted email service that could serve as an alternative to Gmail and Yahoo!, which according to Snowden-leaked documents are among U.S. tech giants that have collaborated closely with the NSA. “Brazil intends to increase its independent Internet connections with other countries,” Rousseff’s office said in an emailed response to questions from The Associated Press on its plans. It cited a “common understanding” between Brazil and the European Union on data privacy, and said “negotiations are underway in South America for the deployment of land connections between all nations.” It said Brazil plans to boost investment in home-grown technology and buy only software and hardware that meet government data privacy specifications.
  • While the plans’ technical details are pending, experts say they will be costly for Brazil and ultimately can be circumvented. Just as people in China and Iran defeat government censors with tools such as “proxy servers,” so could Brazilians bypass their government’s controls. International spies, not just from the United States, also will adjust, experts said. Laying cable to Europe won’t make Brazil safer, they say. The NSA has reportedly tapped into undersea telecoms cables for decades. Meinrath and others argue that what’s needed instead are strong international laws that hold nations accountable for guaranteeing online privacy.
  • “There’s nothing viable that Brazil can really do to protect its citizenry without changing what the U.S. is doing,” he said. Matthew Green, a Johns Hopkins computer security expert, said Brazil won’t protect itself from intrusion by isolating itself digitally. It will also be discouraging technological innovation, he said, by encouraging the entire nation to use a state-sponsored encrypted email service. “It’s sort of like a Soviet socialism of computing,” he said, adding that the U.S. “free-for-all model works better.”
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    So both Brazil and the European Union are planning to boycott the U.S.-based cloud industry, seizing on the NSA's activities as legal grounds. Under the various GATT series of trade agreements, otherwise forbidden discriminatory actions taken that restrict trade in aid of national security are exempt from redress through the World Trade Organization Dispute Resolution Process. So the NSA voyeurs can add legalizing economic digital discrimination against the U.S. to its score card.
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Group Thinks Anonymity Should Be Baked Into the Internet Itself Using Tor - Slashdot - 0 views

  • "David Talbot writes at MIT Technology review that engineers on the Internet Engineering Task Force (IETF), an informal organization of engineers that changes Internet code and operates by rough consensus, have asked the architects of Tor to consider turning the technology into an Internet standard. If widely adopted, such a standard would make it easy to include the technology in consumer and business products ranging from routers to apps and would allow far more people to browse the Web without being identified by anyone who might be spying on Internet traffic. The IETF is already working to make encryption standard in all web traffic. Stephen Farrell believes that forging Tor into a standard that interoperates with other parts of the Internet could be better than leaving Tor as a separate tool that requires people to take special action to implement. 'I think there are benefits that might flow in both directions,' says Farrell. 'I think other IETF participants could learn useful things about protocol design from the Tor people, who've faced interesting challenges that aren't often seen in practice. And the Tor people might well get interest and involvement from IETF folks who've got a lot of experience with large-scale systems.' Andrew Lewman, executive director of Tor, says the group is considering it. 'We're basically at the stage of 'Do we even want to go on a date together?' It's not clear we are going to do it, but it's worth exploring to see what is involved. It adds legitimacy, it adds validation of all the research we've done.'"
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Fukushima - A Global Threat That Requires a Global Response - 0 views

  • The story of Fukushima should be on the front pages of every newspaper. Instead, it is rarely mentioned. The problems at Fukushima are unprecedented in human experience and involve a high risk of radiation events larger than any that the global community has ever experienced. It is going to take the best engineering minds in the world to solve these problems and to diminish their global impact. When we researched the realities of Fukushima in preparation for this article, words like apocalyptic, cataclysmic and Earth-threatening came to mind. But, when we say such things, people react as if we were the little red hen screaming "the sky is falling" and the reports are ignored. So, we’re going to present what is known in this article and you can decide whether we are facing a potentially cataclysmic event.
  • There are three major problems at Fukushima: (1) Three reactor cores are missing; (2) Radiated water has been leaking from the plant in mass quantities for 2.5 years; and (3) Eleven thousand spent nuclear fuel rods, perhaps the most dangerous things ever created by humans, are stored at the plant and need to be removed, 1,533 of those are in a very precarious and dangerous position. Each of these three could result in dramatic radiation events, unlike any radiation exposure humans have ever experienced.  We’ll discuss them in order, saving the most dangerous for last.
  • Missing reactor cores:  Since the accident at Fukushima on March 11, 2011, three reactor cores have gone missing.  There was an unprecedented three reactor ‘melt-down.’ These melted cores, called corium lavas, are thought to have passed through the basements of reactor buildings 1, 2 and 3, and to be somewhere in the ground underneath.  Harvey Wasserman, who has been working on nuclear energy issues for over 40 years, tells us that during those four decades no one ever talked about the possibility of a multiple meltdown, but that is what occurred at Fukushima.  It is an unprecedented situation to not know where these cores are. TEPCO is pouring water where they think the cores are, but they are not sure. There are occasional steam eruptions coming from the grounds of the reactors, so the cores are thought to still be hot. The concern is that the corium lavas will enter or may have already entered the aquifer below the plant. That would contaminate a much larger area with radioactive elements. Some suggest that it would require the area surrounding Tokyo, 40 million people, to be evacuated. Another concern is that if the corium lavas enter the aquifer, they could create a "super-heated pressurized steam reaction beneath a layer of caprock causing a major 'hydrovolcanic' explosion." A further concern is that a large reserve of groundwater which is coming in contact with the corium lavas is migrating towards the ocean at the rate of four meters per month. This could release greater amounts of radiation than were released in the early days of the disaster.
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  • Radioactive water leaking into the Pacific Ocean:  TEPCO did not admit that leaks of radioactive water were occurring until July of this year. Shunichi Tanaka the head of Japan’s Nuclear Regulation Authority finally told reporters this July that radioactive water has been leaking into the Pacific Ocean since the disaster hit over two years ago. This is the largest single contribution of radionuclides to the marine environment ever observed according to a report by the French Institute for Radiological Protection and Nuclear Safety.  The Japanese government finally admitted that the situation was urgent this September – an emergency they did not acknowledge until 2.5 years after the water problem began. How much radioactive water is leaking into the ocean? An estimated 300 tons (71,895 gallons/272,152 liters) of contaminated water is flowing into the ocean every day.  The first radioactive ocean plume released by the Fukushima nuclear power plant disaster will take three years to reach the shores of the United States.  This means, according to a new study from the University of New South Wales, the United States will experience the first radioactive water coming to its shores sometime in early 2014.
  • One month after Fukushima, the FDA announced it was going to stop testing fish in the Pacific Ocean for radiation.  But, independent research is showing that every bluefin tuna tested in the waters off California has been contaminated with radiation that originated in Fukushima. Daniel Madigan, the marine ecologist who led the Stanford University study from May of 2012 was quoted in the Wall Street Journal saying, "The tuna packaged it up (the radiation) and brought it across the world’s largest ocean. We were definitely surprised to see it at all and even more surprised to see it in every one we measured." Marine biologist Nicholas Fisher of Stony Brook University in New York State, another member of the study group, said: "We found that absolutely every one of them had comparable concentrations of cesium 134 and cesium 137." In addition, Science reports that fish near Fukushima are being found to have high levels of the radioactive isotope, cesium-134. The levels found in these fish are not decreasing,  which indicates that radiation-polluted water continues to leak into the ocean. At least 42 fish species from the area around the plant are considered unsafe.  South Korea has banned Japanese fish as a result of the ongoing leaks.
  • Wasserman builds on the analogy, telling us it is "worse than pulling cigarettes out of a crumbled cigarette pack." It is likely they used salt water as a coolant out of desperation, which would cause corrosion because the rods were never meant to be in salt water.  The condition of the rods is unknown. There is debris in the coolant, so there has been some crumbling from somewhere. Gundersen  adds, "The roof has fallen in, which further distorted the racks," noting that if a fuel rod snaps, it will release radioactive gas which will require at a minimum evacuation of the plant. They will release those gases into the atmosphere and try again. The Japan Times writes: "The consequences could be far more severe than any nuclear accident the world has ever seen. If a fuel rod is dropped, breaks or becomes entangled while being removed, possible worst case scenarios include a big explosion, a meltdown in the pool, or a large fire. Any of these situations could lead to massive releases of deadly radionuclides into the atmosphere, putting much of Japan — including Tokyo and Yokohama — and even neighboring countries at serious risk."  
  • The most recent news on the water problem at Fukushima adds to the concerns. On October 11, 2013, TEPCO disclosed that the radioactivity level spiked 6,500 times at a Fukushima well.  "TEPCO said the findings show that radioactive substances like strontium have reached the groundwater. High levels of tritium, which transfers much easier in water than strontium, had already been detected." Spent Fuel Rods:  As bad as the problems of radioactive water and missing cores are, the biggest problem at Fukushima comes from the spent fuel rods.  The plant has been in operation for 40 years. As a result, they are storing 11 thousand spent fuel rods on the grounds of the Fukushima plant. These fuel rods are composed of highly radioactive materials such as plutonium and uranium. They are about the width of a thumb and about 15 feet long. The biggest and most immediate challenge is the 1,533 spent fuel rods packed tightly in a pool four floors above Reactor 4.  Before the storm hit, those rods had been removed for routine maintenance of the reactor.  But, now they are stored 100 feet in the air in damaged racks.  They weigh a total of 400 tons and contain radiation equivalent to 14,000 times the amount released by the Hiroshima atomic bomb.
  • The building in which these rods are stored has been damaged. TEPCO reinforced it with a steel frame, but the building itself is buckling and sagging, vulnerable to collapse if another earthquake or storm hits the area. Additionally, the ground under and around the building is becoming saturated with water, which further undermines the integrity of the structure and could cause it to tilt. How dangerous are these fuel rods?  Harvey Wasserman explains that the fuel rods are clad in zirconium which can ignite if they lose coolant. They could also ignite or explode if rods break or hit each other. Wasserman reports that some say this could result in a fission explosion like an atomic bomb, others say that is not what would happen, but agree it would be "a reaction like we have never seen before, a nuclear fire releasing incredible amounts of radiation," says Wasserman. These are not the only spent fuel rods at the plant, they are just the most precarious.  There are 11,000 fuel rods scattered around the plant, 6,000 in a cooling pool less than 50 meters from the sagging Reactor 4.  If a fire erupts in the spent fuel pool at Reactor 4, it could ignite the rods in the cooling pool and lead to an even greater release of radiation. It could set off a chain reaction that could not be stopped.
  • What would happen? Wasserman reports that the plant would have to be evacuated.  The workers who are essential to preventing damage at the plant would leave, and we will have lost a critical safeguard.  In addition, the computers will not work because of the intense radiation. As a result we would be blind - the world would have to sit and wait to see what happened. You might have to not only evacuate Fukushima but all of the population in and around Tokyo, reports Wasserman.  There is no question that the 1,533 spent fuel rods need to be removed.  But Arnie Gundersen, a veteran nuclear engineer and director of Fairewinds Energy Education, who used to build fuel assemblies, told Reuters "They are going to have difficulty in removing a significant number of the rods." He described the problem in a radio interview: "If you think of a nuclear fuel rack as a pack of cigarettes, if you pull a cigarette straight up it will come out — but these racks have been distorted. Now when they go to pull the cigarette straight out, it’s going to likely break and release radioactive cesium and other gases, xenon and krypton, into the air. I suspect come November, December, January we’re going to hear that the building’s been evacuated, they’ve broke a fuel rod, the fuel rod is off-gassing."
  • As bad as the ongoing leakage of radioactive water is into the Pacific, that is not the largest part of the water problem.  The Asia-Pacific Journal reported last month that TEPCO has 330,000 tons of water stored in 1,000 above-ground tanks and an undetermined amount in underground storage tanks.  Every day, 400 tons of water comes to the site from the mountains, 300 tons of that is the source for the contaminated water leaking into the Pacific daily. It is not clear where the rest of this water goes.   Each day TEPCO injects 400 tons of water into the destroyed facilities to keep them cool; about half is recycled, and the rest goes into the above-ground tanks. They are constantly building new storage tanks for this radioactive water. The tanks being used for storage were put together rapidly and are already leaking. They expect to have 800,000 tons of radioactive water stored on the site by 2016.  Harvey Wasserman warns that these unstable tanks are at risk of rupture if there is another earthquake or storm that hits Fukushima. The Asia-Pacific Journal concludes: "So at present there is no real solution to the water problem."
  • This is not the usual moving of fuel rods.  TEPCO has been saying this is routine, but in fact it is unique – a feat of engineering never done before.  As Gundersen says: "Tokyo Electric is portraying this as easy. In a normal nuclear reactor, all of this is done with computers. Everything gets pulled perfectly vertically. Well nothing is vertical anymore, the fuel racks are distorted, it’s all going to have to be done manually. The net effect is it’s a really difficult job. It wouldn’t surprise me if they snapped some of the fuel and they can’t remove it." Gregory Jaczko, Former Chairman of the U.S. Nuclear Regulatory Commission concurs with Gundersen describing the removal of the spent fuel rods as "a very significant activity, and . . . very, very unprecedented." Wasserman sums the challenge up: "We are doing something never done before – bent, crumbling, brittle fuel rods being removed from a pool that is compromised, in a building that is sinking, sagging and buckling, and it all must done under manual control, not with computers."  And the potential damage from failure would affect hundreds of millions of people.
  • The first thing that is needed is to end the media blackout.  The global public needs to be informed about the issues the world faces from Fukushima.  The impacts of Fukushima could affect almost everyone on the planet, so we all have a stake in the outcome.  If the public is informed about this problem, the political will to resolve it will rapidly develop. The nuclear industry, which wants to continue to expand, fears Fukushima being widely discussed because it undermines their already weak economic potential.  But, the profits of the nuclear industry are of minor concern compared to the risks of the triple Fukushima challenges. 
  • The second thing that must be faced is the incompetence of TEPCO.  They are not capable of handling this triple complex crisis. TEPCO "is already Japan’s most distrusted firm" and has been exposed as "dangerously incompetent."  A poll found that 91 percent of the Japanese public wants the government to intervene at Fukushima. Tepco’s management of the stricken power plant has been described as a comedy of errors. The constant stream of mistakes has been made worse by constant false denials and efforts to minimize major problems. Indeed the entire Fukushima catastrophe could have been avoided: "Tepco at first blamed the accident on ‘an unforeseen massive tsunami’ triggered by the Great East Japan Earthquake on March 11, 2011. Then it admitted it had in fact foreseen just such a scenario but hadn’t done anything about it."
  • The reality is Fukushima was plagued by human error from the outset.  An official Japanese government investigation concluded that the Fukushima accident was a "man-made" disaster, caused by "collusion" between government and Tepco and bad reactor design. On this point, TEPCO is not alone, this is an industry-wide problem. Many US nuclear plants have serious problems, are being operated beyond their life span, have the same design problems and are near earthquake faults. Regulatory officials in both the US and Japan are too corruptly tied to the industry. Then, the meltdown itself was denied for months, with TEPCO claiming it had not been confirmed.  Japan Times reports that "in December 2011, the government announced that the plant had reached ‘a state of cold shutdown.’ Normally, that means radiation releases are under control and the temperature of its nuclear fuel is consistently below boiling point."  Unfortunately, the statement was false – the reactors continue to need water to keep them cool, the fuel rods need to be kept cool – there has been no cold shutdown.
  • TEPCO has done a terrible job of cleaning up the plant.  Japan Times describes some of the problems: "The plant is being run on makeshift equipment and breakdowns are endemic. Among nearly a dozen serious problems since April this year there have been successive power outages, leaks of highly radioactive water from underground water pools — and a rat that chewed enough wires to short-circuit a switchboard, causing a power outage that interrupted cooling for nearly 30 hours. Later, the cooling system for a fuel-storage pool had to be switched off for safety checks when two dead rats were found in a transformer box."  TEPCO has been constantly cutting financial corners and not spending enough to solve the challenges of the Fukushima disaster resulting in shoddy practices that cause environmental damage. Washington’s Blog reports that the Japanese government is spreading radioactivity throughout Japan – and other countries – by burning radioactive waste in incinerators not built to handle such toxic substances. Workers have expressed concerns and even apologized for following order regarding the ‘clean-up.’
  • Indeed, the workers are another serious concern. The Guardian reported in October 2013 the plummeting morale of workers, problems of alcohol abuse, anxiety, loneliness, Post-Traumatic Stress Disorder and depression. TEPCO cut the pay of its workers by 20 percent in 2011 to save money even though these workers are doing very difficult work and face constant problems. Outside of work, many were traumatized by being forced to evacuate their homes after the Tsunami; and they have no idea how exposed to radiation they have been and what health consequences they will suffer. Contractors are hired based on the lowest bid, resulting in low wages for workers. According to the Guardian, Japan's top nuclear regulator, Shunichi Tanaka, told reporters: "Mistakes are often linked to morale. People usually don't make silly, careless mistakes when they're motivated and working in a positive environment. The lack of it, I think, may be related to the recent problems." The history of TEPCO shows we cannot trust this company and its mistreated workforce to handle the complex challenges faced at Fukushima. The crisis at Fukushima is a global one, requiring a global solution.
  • In an open letter to the United Nations, 16 top nuclear experts urged the government of Japan to transfer responsibility for the Fukushima reactor site to a worldwide engineering group overseen by a civil society panel and an international group of nuclear experts independent from TEPCO and the International Atomic Energy Administration , IAEA. They urge that the stabilization, clean-up and de-commissioning of the plant be well-funded. They make this request with "urgency" because the situation at the Fukushima plant is "progressively deteriorating, not stabilizing." 
  • The problems at Fukushima are in large part about facing reality – seeing the challenges, risks and potential harms from the incident. It is about TEPCO and Japan facing the reality that they are not equipped to handle the challenges of Fukushima and need the world to join the effort. 
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    Excellent roundup of evidence that the Fukushima disaster recovery process has gone badly awry and is devolving quickly to looming further disasters. Political momentum is gathering to wrest the recovery efforts away from the Japanese government and to place its leadership in the hands of an international group of experts. The disaster was far worse than its portrayal in mainstream media, is continuing, and even worse secondary disasters now loom. 
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"We cannot trust" Intel and Via's chip-based crypto, FreeBSD developers say | Ars Technica - 0 views

  • Developers of the FreeBSD operating system will no longer allow users to trust processors manufactured by Intel and Via Technologies as the sole source of random numbers needed to generate cryptographic keys that can't easily be cracked by government spies and other adversaries. The change, which will be effective in the upcoming FreeBSD version 10.0, comes three months after secret documents leaked by former National Security Agency (NSA) subcontractor Edward Snowden said the US spy agency was able to decode vast swaths of the Internet's encrypted traffic. Among other ways, The New York Times, Pro Publica, and The Guardian reported in September, the NSA and its British counterpart defeat encryption technologies by working with chipmakers to insert backdoors, or cryptographic weaknesses, in their products. The revelations are having a direct effect on the way FreeBSD will use hardware-based random number generators to seed the data used to ensure cryptographic systems can't be easily broken by adversaries. Specifically, "RDRAND" and "Padlock"—RNGs provided by Intel and Via respectively—will no longer be the sources FreeBSD uses to directly feed random numbers into the /dev/random engine used to generate random data in Unix-based operating systems. Instead, it will be possible to use the pseudo random output of RDRAND and Padlock to seed /dev/random only after it has passed through a separate RNG algorithm known as "Yarrow." Yarrow, in turn, will add further entropy to the data to ensure intentional backdoors, or unpatched weaknesses, in the hardware generators can't be used by adversaries to predict their output.
  • "For 10, we are going to backtrack and remove RDRAND and Padlock backends and feed them into Yarrow instead of delivering their output directly to /dev/random," FreeBSD developers said. "It will still be possible to access hardware random number generators, that is, RDRAND, Padlock etc., directly by inline assembly or by using OpenSSL from userland, if required, but we cannot trust them any more." In separate meeting minutes, developers specifically invoked Snowden's name when discussing the change. "Edward Snowdon [sic] -- v. high probability of backdoors in some (HW) RNGs," the notes read, referring to hardware RNGs. Then, alluding to the Dual EC_DRBG RNG forged by the National Institute of Standards and Technology and said to contain an NSA-engineered backdoor, the notes read: "Including elliptic curve generator included in NIST. rdrand in ivbridge not implemented by Intel... Cannot trust HW RNGs to provide good entropy directly. (rdrand implemented in microcode. Intel will add opcode to go directly to HW.) This means partial revert of some work on rdrand and padlock."
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    Hopefully, all Linux distros jump on this bandwagon.
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NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
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    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
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    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
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Turkey Cooks the Books in Syria | The American Conservative - 0 views

  • If you had been a reader of The American Conservative magazine back in December 2011, you might have learned from an article written by me that “Unmarked NATO warplanes are arriving at Turkish military bases close to Iskenderum on the Syrian border, delivering weapons [to the Free Syrian Army] derived from Colonel Muammar Gaddafi’s arsenals…” Well, it seems that the rest of the media is beginning to catch up with the old news, supplemented with significant details by Sy Hersh in the latest issue of the London Review of Books in an article entitled “The Red Line and the Rat Line.” The reality is that numerous former intelligence officials, like myself, have long known most of the story surrounding the on-again off-again intervention by the United States and others in Syria, but what was needed was a Sy Hersh, with his unmatched range of contacts deep in both the Pentagon as well as at CIA and State Department, to stitch it all together with corroboration from multiple sources. In a sense it was a secret that wasn’t really very well hidden but which the mainstream media wouldn’t touch with a barge pole because it revealed that the Obama Administration, just like the Bushies who preceded it, has been actively though clandestinely conspiring to overthrow yet another government in the Middle East. One might well conclude that the White House is like the Bourbon Kings of France in that it never forgets anything but never learns anything either.
  • The few media outlets that are willing to pick up the Syria story even now are gingerly treating it as something new, jumping in based on their own editorial biases, sometimes emphasizing the CIA and MI6 role in cooperating with the Turks to undermine Bashar al-Assad. But Hersh’s tale is only surprising if one had not been reading between the lines over the past three years, where the clandestine role of the British and American governments was evident and frequently reported on over the internet and, most particularly, in the local media in the Middle East. Far from being either rogue or deliberately deceptive, operations by the U.S. and UK intelligence services, the so-called “ratlines” feeding weapons into Syria, were fully vetted and approved by both the White House and Number 10 Downing Street. The more recent exposure of the Benghazi CIA base’s possible involvement in obtaining Libyan arms as part of the process of equipping the Syrian insurgents almost blew the lid off of the arrangement but somehow the media attention was diverted by a partisan attack on the Obama Administration over who said what and when to explain the security breakdown and the real story sank out of sight.
  • So this is what happened, roughly speaking: the United States had been seeking the ouster of President Bashar al-Assad of Syria since at least 2003, joining with Saudi Arabia, which had been funding efforts to destabilize his regime even earlier. Why? Because from the Saudi viewpoint Syria was an ally of Iran and was also a heretical state led by a secular government dominated by Alawite Muslims, viewed as being uncomfortably close to Shi’ites in their apostasy. From the U.S. viewpoint, the ties to Iran and reports of Syrian interference in Lebanon were a sufficient casus belli coupled with a geostrategic assessment shared with the Saudis that Syria served as the essential land bridge connecting Hezbollah in Lebanon to Iran. The subsequent Congressional Syria Accountability Acts of 2004 and 2010, like similar legislation directed against Iran, have resulted in little accountability and have instead stifled diplomacy. They punished Syria with sanctions for supporting Hezbollah in Lebanon and for its links to Tehran, making any possible improvement in relations problematical. The 2010 Act even calls for steps to bring about regime change in Damascus. The United States also engaged in a program eerily reminiscent of its recent moves to destabilize the government in Ukraine, i.e., sending in ambassadors and charges who deliberately provoked the Syrian government by meeting with opposition leaders and openly making demands for greater democracy. The last U.S. Ambassador to Syria Robert Ford spoke openly in support of the protesters while serving in Damascus in 2010. On one occasion he was pelted with tomatoes and was eventually removed over safety concerns.
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  • Lost in translation is the fact that Washington’s growing support for radical insurgency in Syria would also inevitably destabilize all its neighbors, most notably including Iraq, which has indeed been the case, making a shambles of U.S. claims that it was seeking to introduce stable democracies into the region. Some also saw irony in the fact that a few years before Washington decided al-Assad was an enemy it had been sending victims of the CIA’s rendition program to Syria, suggesting that at least some short-term and long-term strategies were on a collision course from the start, if indeed the advocates of the two policies were actually communicating with each other at all. Prime Minister Recep Tayyip Erdogan of Turkey, whose country shared a long border with Syria and who had legitimate security concerns relating to Kurdish separatists operating out of the border region, became the proxy in the secret war for Washington and its principal European allies, the British and French. When the U.S.-Saudi supported insurgency began to heat up and turn violent, Turkey became the key front line state in pushing for aggressive action against Damascus. Erdogan miscalculated, thinking that al-Assad was on his last legs, needing only a push to force him out, and Ankara saw itself as ultimately benefiting from a weak Syria with a Turkish-controlled buffer zone along the border to keep the Kurds in check.
  • Hersh reports how President Barack Obama had to back down from attacking Syria when the Anglo-American intelligence community informed him flatly and unambiguously that Damascus was not responsible for the poison gas attack that took place in Damascus on August 21, 2013 that was being exploited as a casus belli. The information supporting that assertion was known to many like myself who move around the fringes of the intelligence community, but the real revelation from Hersh is the depth of Turkish involvement in the incident in order to have the atrocity be exploitable as a pretext for American armed intervention, which, at that point, Erdogan strongly desired. As the use of weapons of mass destruction against civilians was one of the red lines that Obama had foolishly promoted regarding Syria Erdogan was eager to deliver just that to force the U.S.’s hand. Relying on unidentified senior U.S. intelligence sources, Hersh demonstrates how Turkey’s own preferred militant group Jabhat al-Nusra, which is generally regarded as an al-Qaeda affiliate, apparently used Turkish-provided chemicals and instructions to stage the attack.
  • Is it all true? Unless one has access to the same raw information as Sy Hersh it is difficult to say with any certainty, but I believe I know who some of the sources are and they both have good access to intelligence and are reliable. Plus, the whole narrative has an undeniable plausibility, particularly if one also considers other evidence of Erdogan’s willingness to take large risks coupled with a more general Turkish underhandedness relating to Syria. On March 23rd, one week before local elections in Turkey that Erdogan feared would go badly for him, a Turkish air force F-16 shot down a Syrian Mig-23, claiming that it had strayed half a mile into Turkish airspace. The pilot who bailed out, claimed that he was attacking insurgent targets at least four miles inside the border when he was shot down, an assertion borne out by physical evidence as the plane’s remains landed inside Syria. Was Erdogan demonstrating how tough he could be just before elections? Possibly.
  • Critics of Hersh claim that the Turks would be incapable of carrying out such a grand subterfuge, but I would argue that putting together some technicians, chemicals, and a couple of trucks to carry the load are well within the capability of MIT, an organization that I have worked with and whose abilities I respect. And one must regard with dismay the “tangled webs we weave,” with due credit to Bobby Burns, for what has subsequently evolved in Syria. Allies like Turkey that are willing to cook the books to bring about military action are exploiting the uncertainty of a White House that continues to search for foreign policy successes while simultaneously being unable to define any genuine American interests. Syria is far from an innocent in the ensuing mayhem, but it has become the fall guy for a whole series of failed policies. Turkey meanwhile has exploited the confusion to clamp down on dissent and to institutionalize Erdogan’s authoritarian inclinations. Ten years of American-licensed meddling combined with obliviousness to possible consequences has led to in excess of 100,000 dead Syrians and the introduction of large terrorist infrastructures into the Arab heartland, yet another foreign policy disaster in the making with no clear way out.
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    Former CIA officer Philip Giraldi adds valuable context to revelations of Turkey's involvement in the false flag Sarin gas attack in Syria and in Turkey's follow-up plan to stage a false flag attack on a Turkish tomb in Syria as a pretext for Turkish invasion of Syria. 
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USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
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    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
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CIA's Ex-No. 2 Says ISIS 'Learned From Snowden' - The Daily Beast - 0 views

  • That is not a consensus view within the U.S. intelligence community, where officials have been divided over how much ISIS really learned from the Snowden leaks that it didn’t already know. The group didn’t begin seizing territory in Iraq until a year after the leaks began. And last year, a U.S. intelligence official with access to information about ISIS’s current tactics told The Daily Beast that while the group had “likely learned a lot” from the Snowden leaks, “many of their forces are familiar with the U.S. from their time in AQI, [and] they have adapted well to avoiding detection.”
  • “Within weeks of the leaks, terrorist organizations around the world were already starting to modify their actions in light of what Snowden disclosed. Communications sources dried up, tactics were changed,” Morell writes. Among the most damaging leaks, he adds, was one that described a program that collects foreigners’ emails as they move through equipment in the United States.Terrorist groups, including ISIS, have since shifted their communications to more “secure” platforms, are using encryption, or “are avoiding electronic communications altogether.”“ISIS was one of those terrorist groups that learned from Snowden, and it is clear that his actions played a role in the rise of ISIS,” Morell writes.
  • Edward Snowden’s leaks about U.S. intelligence operations “played a role in the rise of ISIS.” That’s the explosive new allegation from the former deputy director of the CIA, Michael Morell, who was among the United States’ most senior intelligence officials when Snowden began providing highly classified documents to journalists in 2013. U.S. intelligence officials have long argued that Snowden’s disclosures provided valuable insights to terrorist groups and nation-state adversaries, including China and Russia, about how the U.S. monitors communications around the world. But in his new memoir, to be published next week, Morell raises the stakes of that debate by directly implicating Snowden in the expansion of ISIS, which broke away from al Qaeda and has conquered large swaths of territory in Iraq and Syria.
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  • Edward Snowden’s leaks about U.S. intelligence operations “played a role in the rise of ISIS.” That’s the explosive new allegation from the former deputy director of the CIA, Michael Morell, who was among the United States’ most senior intelligence officials when Snowden began providing highly classified documents to journalists in 2013. U.S. intelligence officials have long argued that Snowden’s disclosures provided valuable insights to terrorist groups and nation-state adversaries, including China and Russia, about how the U.S. monitors communications around the world. But in his new memoir, to be published next week, Morell raises the stakes of that debate by directly implicating Snowden in the expansion of ISIS, which broke away from al Qaeda and has conquered large swaths of territory in Iraq and Syria. 
  • “Within weeks of the leaks, terrorist organizations around the world were already starting to modify their actions in light of what Snowden disclosed. Communications sources dried up, tactics were changed,” Morell writes. Among the most damaging leaks, he adds, was one that described a program that collects foreigners’ emails as they move through equipment in the United States.Terrorist groups, including ISIS, have since shifted their communications to more “secure” platforms, are using encryption, or “are avoiding electronic communications altogether.”“ISIS was one of those terrorist groups that learned from Snowden, and it is clear that his actions played a role in the rise of ISIS,” Morell writes.
  • That is not a consensus view within the U.S. intelligence community, where officials have been divided over how much ISIS really learned from the Snowden leaks that it didn’t already know. The group didn’t begin seizing territory in Iraq until a year after the leaks began. And last year, a U.S. intelligence official with access to information about ISIS’s current tactics told The Daily Beast that while the group had “likely learned a lot” from the Snowden leaks, “many of their forces are familiar with the U.S. from their time in AQI, [and] they have adapted well to avoiding detection.”
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    Keep in mind that ISIL is a U.S. creation. And that just about everything that CIA and NSA do violates the laws of the nation in which they act and is antithetical to our form of government.   
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