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'This Week' Transcript: Ambassador Samantha Power - ABC News - 0 views

abcnews.go.com/...story war & peace ISIL Iraq Syria U.S.-foreign-policy
shared by Paul Merrell on 22 Sep 14 - No Cached
  • STEPHANOPOULOS: And we are joined now by the U.S. Ambassador to the United Nations Samantha Power. Thanks for coming back to This Week. And you know, the president said he's prepared to strike Syria. Those strikes could be imminent. Will the United States try to get UN Security Council authorization first? Or do you accept now that's just not going to be possible? SAMANTHA POWER, U.S. AMBASSADOR TO THE UNITED NATIONS: Well, let me say that Secretary Kerry just convened a meeting of the Security Council on Friday which showcased just how much support there is on the Security Council and in the broader international community for the anti-ISIL effort. STEPHANOPOULOS: But the Russia veto.
  • POWER: Russia has vetoed in the past, but on very different issues. I think Russia has made clear for a long time its opposition to ISIL. The Iraqis have appealed to the international community to come to their defense not only in Iraq, but also to go after safe havens in foreign countries. And what they mean by that of course is Syria. And they're quite explicit about that. So they have made an appeal to the international community for collective defense. And we think we have a legal basis we need if the president decides... STEPHANOPOULOS: Without a UN authorization. POWER: Consistent with the UN charter, we -- it will depend on the facts and circumstances of any particular strike in Syria, but we have a legal basis we need.
  • Paul Merrell on 22 Sep 14
     
    Context: U.S. Ambassador to the U.N., Samantha Power, holds the U.N. Security Council's rotating chair this month. Powers'  claims a right for the U.S. to wage war against ISIL in Syria on grounds of the collective security exception to the U.N. Charter's prohibition; that is, that the U.S. has a collective security agreement with the nation of Iraq, that makes it lawful for the U.S. to strike ISIL. True enough as a matter of international law, ignoring the fact that Obama has yet to obtain permission from the U.S. Congress, which the U.S. Constitution requires him to do. But ISIL is not the nation of Syria; hence to attack ISIL in Syria, an additional exception is necessary for both Iraq and the U.S. The only other recognized exception that might seem to do deals with the situation when a nation in which a private organization inflicting harm on another nation  is "unwilling or unable" to protect the second nation (Iraq) from the depradations of the private organization. And that is where Powers' legal analysis dissembles because the U.S. has been actively attempting to overthrow the Syrian government via proxy terrorist organizations including ISIL. So the U.S. lacks clean hands in claiming any lawful right to invade Syria on the theory that the Syrian government is unwilling or unable to put down the ISIL organization. The Syrian government is certainly willing and has been attempting to do so. But its inability to do so thus far is entirely due to the U.S., its Gulf Coast state allies, and its ally Turkey continuing to supply ISIL and other terrorist groups in Syria with weapons, training, and supplies, aimed at overthrowing the Syrian government. The doctrine of unclean hands has limited applicability in international law governing human rights. See Lisa LaPlante, The Law of Remedies and the Clean Hands Doctrine: Exclusionary Reparation Policies in Peru's Political Transition, 23 Am Univ Int Law Rev 50 (2007), https://digitalcommons.wcl.american.edu/cg
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US House of Reps: Europe Can't Boycott Israel - International Middle East Media Center - 0 views

www.imemc.org/71925
shared by Paul Merrell on 14 Jun 15 - No Cached
  • The United States House of Representatives has fast-tracked a bill regarding a free trade agreement between the US and Europe which would include a section barring EU countries from any form of commercial boycott against Israel and Israeli goods.
  • According to the PNN, Israel’s Ynetnews indicated that two versions of the law had been presented to the House of Representatives and the Senate, clarifying that both versions included the section obligating EU countries to refrain from the boycott of Israeli products. This section states that any affiliation and cooperation with the Boycott, Divestment and Sanctions (BDS) movement on the part of EU countries is in violation of the “principle of non-discrimination’ statute in the General Agreement on Tariffs and Trade (GATT). According to Ynetnews, the second law did not pass at this stage due to disputes with respect to compensation for businesses in Europe. There was also severe opposition from Obama’s own Democrats, but it is expected that an agreement will be reached between the House of Representatives and the Senate during the coming days. From the moment that an agreement is reached, a unified document will be presented to the American President, Barack Obama, for a review of the trade agreement as soon as possible. He will then sign the document and it will be put to the vote in the House of Representatives and the Senate.
  • Paul Merrell on 14 Jun 15
     
    see also http://www.ynetnews.com/articles/0,7340,L-4667914,00.html I'd love to see this wind up in the WTO Dispute Resolution Process. The Israeli production of goods and services in the Occupied Territories is a war crime under international law. Dealing in such goods is also a war crime. It is actually illegal for European nations to allow their import. Moreover, the right to participate in a boycott is protected by the U.S. Constitution's First Amendment. The judges at the WTO are very good and have previously held that trade agreements have to give way to human rights established under international law. And of course boycotts are also protected as human rights under international law. The WTO judges would have a field day with this situation. That is no guarantee that the EU will not succumb to US pressure but this will guarantee lots of press coverage for the U.S.A.'s continued support for Israeli war crimes. And that is publicity that Israel's right-wing government does not want.
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New Review Ordered Into Israel's Gaza Flotilla Raid - The New York Times - 0 views

www.nytimes.com/...sraels-gaza-flotilla-raid.html war & peace Israel Gaza-Freedom-Flotilla Mavi-Marmara ICC
shared by Paul Merrell on 18 Jul 15 - No Cached
  • Judges of the International Criminal Court presented a new challenge to Israel on Thursday, asking the court’s chief prosecutor to review her decision not to investigate a deadly Israeli commando raid on a Gaza-bound flotilla of aid ships in 2010. Israel denounced the move.In their request, posted on the court’s website, the judges of a pretrial chamber said the prosecutor, Fatou Bensouda, had committed “errors of fact” and reached “simplistic conclusions” in her assessment of whether a criminal inquiry was warranted into the raid on the flotilla, which left eight Turks and an American of Turkish descent dead on the lead vessel, the Mavi Marmara.The judges asked that Ms. Bensouda “reconsider her decision not to initiate an investigation,” and do so “as soon as possible.”
  • Paul Merrell on 18 Jul 15
     
    This has implications not only for the Mavi Marmara Israeli act of piracy; the ICC judges are advertising that Israel's leaders will not get off scot-free when the court receives the case being prepared by the Prosecutor involving Israel's invasion of Gaza last year and its colonization of Palestine. An international warrrant for Bibi Netanyahu on war crime charges: what not to like in that? 
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Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahama... - 0 views

firstlook.org/...-every-cell-phone-call-bahamas surveillance state NSA DEA cell-phone-dragnet-recording
shared by Paul Merrell on 20 May 14 - No Cached
  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
  • Paul Merrell on 20 May 14
     
    Words fail me.
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Where global solutions are shaped for you | News & Media | HUMAN RIGHTS COUNCIL OPENS S... - 0 views

www.unog.ch/...9CDF7FE83E0581C1257D1E00434418 war & peace Palestine Israel Gaza UN-Human-Rights-Council
shared by Paul Merrell on 23 Jul 14 - No Cached
  • Kyung-wha Kang, Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator, stated that at least 18 medical facilities, including five UNRWA health clinics, had been hit by airstrikes and shelling since the beginning of the fighting.  The seven-year blockade had destroyed Gaza’s economy, with high unemployment rates and growing dependence on international assistance.  The United Nations was feeding 67 per cent of the population.  The international community and the parties to the conflict had to live up to their obligations.  Lance Bartholomeusz, Director of Legal Affairs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, said that by yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.  The conflict had not spared UNRWA premises.  Makarim Wibisono, Special Rapporteur for the situation of human rights in the Occupied Palestinian Territory, speaking on behalf of the Coordination Committee of the Special Procedures of the Human Rights Council, said in addition to at least 599 Palestinians killed, the destruction of numerous houses had left several thousand families homeless.  At the same time, the right of the Palestinian people to resist occupation could not justify the launching of thousands of rockets and mortars directed against Israeli civilians. 
  • NAVI PILLAY, United Nations High Commissioner for Human Rights, said since Israel announced its military operation “Protective Edge” on 7 July, Gaza had been subjected to daily intensive bombardment from the air, land and sea, employing well over 2,100 air strikes alone.  The hostilities had resulted in the deaths of more than 600 Palestinians, including at least 147 children and 74 women.  As in the two previous crises in 2009 and 2012, it was innocent civilians in the Gaza Strip, including children, women, the elderly and persons with disabilities, who suffered the most.  According to preliminary United Nations figures, around 74 per cent of those killed so far were civilians, and thousands more had been injured.  Hundreds of homes and other civilian buildings, such as schools, had been destroyed or severely damaged in Gaza, and more than 140,000 Palestinians had been displaced.  Two Israeli civilians had also lost their lives and between 17 and 32 others had been reported injured as a result of rockets and other projectiles fired from Gaza, and 27 Israeli soldiers had been killed during military operations in Gaza.  The indiscriminate firing by Hamas and other armed groups of more than 2,900 rockets and mortars from Gaza continued to endanger the lives of civilians in Israel, and Ms. Pillay once again condemned such indiscriminate attacks.  It was unacceptable to locate military assets in densely populated areas or to launch attacks from such areas.  However, international law was clear - the actions of one party did not absolve the other party of the need to respect its obligations under international law.
  • he also warned that the current situation in Gaza overshadowed the backdrop of heightened tensions in the occupied West Bank, including East Jerusalem and expressed concern about a significant rise in incitement to violence against Palestinians, including through social media.  Only those responsible for criminal acts could legitimately be punished, she said, individuals should not be subject to collective penalties. 
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  • LANCE BARTHOLOMEUSZ, Acting Director of Legal Affairs, United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA), said UNRWA was deeply alarmed and affected by the escalation of violence in the Gaza Strip and the devastating human and physical toll it was taking on civilians, including Palestine refugees.  Far too many lives were being lost and the traumas resulting from the military operations would mark the population for years to come.  Among ordinary Palestinians there was a profound crisis of confidence in the ability of international law and international mechanisms to protect civilians, and to prevent and address violations of international law.  Because of military operations, and because over 40 per cent of Gaza’s territory was affected by Israel evacuation warnings or declarations of “no-go zones”, thousands of people continued to flee to shelters run by UNRWA and by partners.  By yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.
  • The conflict had not spared UNRWA premises, 77 of which had been damaged by air raids and other fire, which was totally unacceptable.  All parties to the conflict must respect at all times the neutrality and inviolability of UNRWA’s premises.  The situation of the population of Gaza and of Palestine Refugees in Gaza had become completely unsustainable.  Israel’s illegal blockade had deepened poverty levels and Gaza's aquifer would be entirely contaminated in the next three to four years making the Strip essentially unliveable.  Today, these indicators paled in comparison to the intensity of the bombardments, fighting and the immediate fears for security and survival. 
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U.S. Embedded Spyware Overseas, Report Claims - NYTimes.com - 0 views

www.nytimes.com/...tworks-security-firm-says.html surveillance state NSA NSA-methods embedded-spyware
shared by Paul Merrell on 18 Feb 15 - No Cached
  • The United States has found a way to permanently embed surveillance and sabotage tools in computers and networks it has targeted in Iran, Russia, Pakistan, China, Afghanistan and other countries closely watched by American intelligence agencies, according to a Russian cybersecurity firm.In a presentation of its findings at a conference in Mexico on Monday, Kaspersky Lab, the Russian firm, said that the implants had been placed by what it called the “Equation Group,” which appears to be a veiled reference to the National Security Agency and its military counterpart, United States Cyber Command.
  • It linked the techniques to those used in Stuxnet, the computer worm that disabled about 1,000 centrifuges in Iran’s nuclear enrichment program. It was later revealed that Stuxnet was part of a program code-named Olympic Games and run jointly by Israel and the United States.Kaspersky’s report said that Olympic Games had similarities to a much broader effort to infect computers well beyond those in Iran. It detected particularly high infection rates in computers in Iran, Pakistan and Russia, three countries whose nuclear programs the United States routinely monitors.
  • Some of the implants burrow so deep into the computer systems, Kaspersky said, that they infect the “firmware,” the embedded software that preps the computer’s hardware before the operating system starts. It is beyond the reach of existing antivirus products and most security controls, Kaspersky reported, making it virtually impossible to wipe out.
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  • In many cases, it also allows the American intelligence agencies to grab the encryption keys off a machine, unnoticed, and unlock scrambled contents. Moreover, many of the tools are designed to run on computers that are disconnected from the Internet, which was the case in the computers controlling Iran’s nuclear enrichment plants.
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Ehud Barak served US lawsuit over Gaza flotilla slaying | The Electronic Intifada - 0 views

electronicintifada.net/...14978 war & peace Mavi-Marmara litigation Dogan Barak war crimes
shared by Paul Merrell on 08 Nov 15 - No Cached
  • Ehud Barak is being sued in the United States over his role in the 2010 slaying of Turkish American citizen Furkan Doğan by Israeli commandos who stormed a boat attempting to break the siege on Gaza. The former Israeli prime minister was served court documents when he was in Los Angeles, California, for a speaking event last month. Doğan, 19, was shot multiple times at point-blank range during the raid on the Mavi Marmara, a Turkish boat in a flotilla sailing in international waters. His parents, Ahmet and Hikmet Doğan, filed the lawsuit against Barak.
  • Barak was defense minister when Israeli forces shot and killed eight Turkish nationals, in addition to Doğan. A tenth victim died from his injuries in May 2014.
  • Doğan’s family brings the case against Barak under the Alien Tort Statute, which allows foreign nationals to use US courts in cases alleging violations of international law. “Ehud Barak is directly responsible for killing their son,” Hakan Camuz, a spokesperson for the family, told The Electronic Intifada. “Ehud Barak is responsible for killing [Doğan] when he was under the protection of international law when he was doing humanitarian work in the international high seas.”
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  • In September 2010, a United Nations fact-finding mission found that Doğan was not killed instantly, but was “lying on the deck in a conscious, or semi-conscious, state for some time.” In 2013, the International Criminal Court prosecutor conducted a preliminary investigation and found that “there is a reasonable basis to believe that war crimes … were committed on one of the vessels, the Mavi Marmara.” While the prosecutor declined to open a formal investigation, an appeal is currently being considered.
  • Past attempts to sue Israeli leaders have failed to move forward in US courts because of legislation barring lawsuits against foreign states. But Dan Stormer, one of the lawyers representing the Doğan family, told The Electronic Intifada that because Barak is not currently a head of state, he no longer enjoys that protection.
  • The legal team representing Doğan’s parents also includes Geoffrey Nice, who helped prosecute former Serbian President Slobodan Milošević in The Hague, and Rodney Dixon, an international human rights lawyer.
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Who owns space? US asteroid-mining act is dangerous and potentially illegal - 0 views

theconversation.com/-and-potentially-illegal-51073 space-exploitation Congress Space Act of 2015
shared by Paul Merrell on 25 Nov 15 - No Cached
  • Nope, a flag is not enough to make the moon a colony.
  • An event of cosmic proportions occurred on November 18 when the US congress passed the Space Act of 2015 into law. The legislation will give US space firms the rights to own and sell natural resources they mine from bodies in space, including asteroids. Although the act, passed with bipartisan support, still requires President Obama’s signature, it is already the most significant salvo that has been fired in the ideological battle over ownership of the cosmos. It goes against a number of treaties and international customary law which already apply to the entire universe. The new law is nothing but a classic rendition of the “he who dares wins” philosophy of the Wild West. The act will also allow the private sector to make space innovations without regulatory oversight during an eight-year period and protect spaceflight participants from financial ruin. Surely, this will see private firms begin to incorporate the mining of asteroids into their investment plans.
  • Supporters argue that the US Space Act is a bold statement that finally sets private spaceflight free from the heavy regulation of the US government. The misdiagnosis begins here. Space exploration is a universal activity and therefore requires international regulation. The act represents a full-frontal attack on settled principles of space law which are based on two basic principles: the right of states to scientific exploration of outer space and its celestial bodies and the prevention of unilateral and unbriddled commercial exploitation of outer-space resources. These principles are found in agreements including the Outer Space Treaty of 1967 and the Moon Agreement of 1979. The US House Committee on Science, Space and Technology denies there is anything in the act which violates the US’s international obligations. According to this body, the right to extract and use resources from celestial bodies “is affirmed by State practice and by the US State Department in Congressional testimony and written correspondence”. Crucially, there is no specific reference to international law in this statement. Simply relying on US legislation and policy statements to justify the plans is obviously insufficient.
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  • Gbenga Oduntan is the author of Sovereignty and Jurisdiction in Airspace and Outer Space: Legal Criteria for Spatial Delimitation. London: Routledge-Cavendish 2012. https://www.routledge.com/products/9780415562126
  • Ever since NASA discovered signs of liquid water on Mars, concerns have been raised about the risk of contaminating the red planet.
  • So what’s at stake? We can assume that the list of states that have access to outer space – currently a dozen or so – will grow. These states may also shortly respond with mining programmes of their own. That means that the pristine conditions of the cradle of nature from which our own Earth was born may become irrevocably altered forever – making it harder to trace how we came into being. Similarly, if we started contaminating celestial bodies with microbes from Earth, it could ruin our chances of ever finding alien life there. Mining minerals in space could also damage the environment around the Earth and eventually lead to conflict over resources. Indeed what right has the second highest polluter of the Earth’s environment got to proceed with some of the same corporations in a bid to plunder outer space? While we’re not there yet, developments towards actual space mining may begin to occur within a decade.
  • Ultimately, the US plans must be understood in the light of existing rules of space law. Money is not a dirty word in space – the total value of the satellite telecommunications industry in 2013 was more than $195bn. Free market principles also apply to the operations of the International Space Station. So, let’s get down to the nitty-gritty.
  • Currently corporations can exploit outer space in a number of ways, including for space tourism and scientific training. Companies may also be allowed to extract certain resources, but the very first provision of the Outer Space Treaty (1967), to which the US is a signatory, is that such exploration and use shall be carried out for the benefit and in the interests of all countries. This therefore prevents the sale of space-based minerals for profit. The treaty also states that outer space shall be the “province of all mankind … and that states shall avoid harmful contamination of space". Meanwhile, the Moon Agreement (1979) has in effect forbidden states to conduct commercial mining on planets and asteroids until there is an international regime for such exploitation. While the US has refused to sign up to this, it is binding as customary international law. The idea that American companies can on the basis of domestic laws alone systematically exploit mineral resources in space, despite huge environmental risks, really amounts to the audacity of greed. The Romans had this all correctly figured out in their legal maxim: “What concerns all must be decided upon by all.”
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Israel Sued in US over Flotilla Attacks. Civil Law Suit against the State of Israel | G... - 0 views

www.globalresearch.ca/...5501501 war & peace Israel Gaza-Freedom-Flotilla litigation
shared by Paul Merrell on 16 Jan 16 - No Cached
  • Four people, including three Americans, have filed a civil suit against the state of Israel, seeking compensatory damages for injuries suffered during an attack aboard a U.S. ship in international waters during the year 2010. At a Washington press conference, Tuesday, the plaintiffs said they wanted compensation for “the harm and distress, injuries and losses caused by the attack”. Israel has refused to acknowledge responsibility and liability for the attack and is yet to pay compensation to victims aboard the Challenger I, which was part of a Freedom Flotilla set to deliver humanitarian aid and medical supplies to the Gaza Strip, which was and still remains under an Israeli blockade. According to the complaint, the U.S. ship has never been returned by Israel and is still being held there. Israeli special forces stormed the ships and killed nine civilians aboard another ship in the flotilla, the Turkish Mavi Marmara. That event has since frozen relations between Israel and Turkey. That case was referred to the International Criminal Court by the Union of the Comoros because the Turkish vessel was sailing under its flag.
  • The family of a 19-year old American-Turkish national, Furkan Dogan, who was killed in the Mavi Marmara raid, last October, sued former Israeli Defense Minister Ehud Barak on war crimes charges. The latest lawsuit filed Monday is the first U.S. case brought against Israel relating to the Freedom Flotilla. The plaintiffs and their attorneys spoke to Anadolu Agency, following a press conference that announced the suit: “States are generally immune from suit in United States courts. But that immunity is waived in a number of circumstances. When agents of foreign governments commit wrongful acts in the United States that cause personal injury, and egregious acts against U.S. nationals anywhere in the world, they are not entitled to immunity,” said lawyer Steven Schneebaum. He noted that both exceptions apply to the facts of Challenger I case because a U.S. flagged ship falls under U.S. jurisdiction. The case is ground-breaking as it relies on an exception in American law that allows lawsuits to be brought against foreign states, in limited cases.
  • According to professor Ralph Steinhardt, a member of the plaintiffs’ legal team, Israel’s sovereignty does not allow it to attack American flagged civilian ships and attack those on it. “The attack on Challenger I was a patent violation of international law, including the laws of war, human rights, and the law of the sea,” according to the George Washington University international law professor. A UK-based international lawyer representing the plaintiffs, Sir Geoffrey Nice, described the case against Israel as “a real test” for the rule of international law. “This case, alongside the others, the one in the International Criminal Court and the one in California would have the following very clear political outcome: If Israel has enjoyed special privileged status of impunity because of protection by the United State of America, then that impunity is on the way out,” he said.
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The Federal Reserve Shows Barack Obama Who The Real Boss Is - BlackListedNews.com - 1 views

www.blacklistednews.com/...M.html federal reserve Trillion-Dollar-Coin financial-collapse Federal-Reserve-Bankster-Cartel
shared by Gary Edwards on 16 Jan 13 - No Cached
  • Gary Edwards on 16 Jan 13
     
    Excellent article explaining how and why the Federal Reserve ended Obama's nutty plan to produce a Trillion dollar coin.  Short story: the T-Coin threatens the Federal Reserve's monopoly on the just as phony and totally debased dollar.  The author also discusses the dollar's role as the world's reserve currency and what that means.   The author also explains that the US has been borrowing over a Trillion dollars per year to finance the war and welfare Obama machine, PLUS, borrowing even more to finance the near $4 Trillion dollars of past debt that rolls over each and every year!   excerpts: When the Federal Reserve system was initially created back in 1913, the bankers that created it intended for it to be a perpetual debt machine that would extract massive amounts of wealth from the U.S. government (and ultimately from all of us) through the mechanism of compound interest.  Each year, hundreds of billions of dollars of interest are transferred into the pockets of the wealthy bankers and foreign nations that own our debt.  This is one of the reasons why I preach about the evils of government debt until I am blue in the face. The debt-based Federal Reserve system is a way to systematically steal the wealth of the United States, and it is happening right in front of our eyes, but very few people actually understand it well enough to complain about it. Unfortunately, we are rapidly getting to the point where we have accumulated so much debt that it is threatening to collapse our entire financial system.  The following comes from a recent Zero Hedge article...  "Unfortunately, the rest of the world is starting to move away from the U.S. dollar.  Over the past couple of years, a whole host of international currency agreements have been signed that are intended to start reducing the use of the U.S. dollar in international trade.  For much more on this, please see the following article: "The Giant Currency Superstorm That Is Coming To The Shores Of Americ
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BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria Benghazi Benghazigate Benghazi-coverup
shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
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Member List - ICLEI Local Governments for Sustainability USA - 0 views

www.icleiusa.org/...member-list Property-Rights Property-Seizure-AND-Redistribution-of-Wealth Agenda-21 ICLEI
shared by Gary Edwards on 25 Jan 13 - Cached
  • Gary Edwards on 25 Jan 13
     
    ICLEI is a UN Agenda 21 initiative.  It's a direct assault on property ownership rights.  I had my own first hand view of these Marxists at work in the small town of Belmont California, when the Fire Chief presented a plan to turn 2/3rd's of the cities land over to the State by declaring it "a risk fire hazard zone".  The declaration would move the 2/3rds to State control and regulation, dramatically increasing the costs of building codes compliance and insurance, while effectively ending development and property improvement.  It would also end the sale of homes in these sectors since Home Owners insurance and property compliance would be prohibitively expensive.  Agenda 21 at work.  Right next door.   From TeaPartyORG:  http://goo.gl/QHIOS ......   "The International Council for Local Environmental Initiatives (ICLEI) is a conglomerate of 600 national, regional, and local government associations who promote "sustainable development" and protection of the environment because of man-made global warming that does not exist. "Sustainable development" is the United Nations effort to contain and limit economic development in developed countries and thus control population growth. It is "sustainable de-growth," plain and simple. The focus is "low-income agriculture" and to set limits on the developed world. United Nations and its affiliates believe that first world countries polluted significantly during their development while urging third world countries to reduce pollution thus impeding their growth. Implementation of"sustainable development" would revert our society to a pre-modern lifestyle. ICLEI wants to keep the environment as pristine as possible through "ideal-seeking behavior." These euphemisms are not clearly defined in terms of what or who will evaluate or set the standards for this "ideal-seeking behavior." Agenda 21 sets up the global infrastructure to manage, count, and control assets. It is not concerned with
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PressTV - US planning for a post-Israel Middle East - 0 views

www.presstv.ir/...g-for-a-postisrael-middle-east war & peace Israel
shared by Paul Merrell on 01 Oct 12 - No Cached
  • So what is all the fuss about? It’s a paper entitled: Preparing for a Post-Israel Middle East, an 82-page analysis that concludes that the American national interest in fundamentally at odds with that of Zionist Israel. The authors conclude that Israel is currently the greatest threat to US national interests because its nature and actions prevent normal US relations with Arab and Muslim countries and, to a growing degree, the wider international community. The study was commissioned by the US Intelligence Community comprising 16 American intelligence agencies with an annual budget in excess of $ 70 billion. The IC includes the departments of the Navy, Army, Air Force, Marine Corps, Coast Guard, Defense Intelligence Agency, Departments of Energy, Homeland Security, State, Treasury, Drug Enforcement Agency, Federal Bureau of Investigation, National Security Agency, National Geospatial Intelligence Agency, National Reconnaissance Agency and the Central Intelligence Agency commissioned the study.
  • srael, given its current brutal occupation and belligerence cannot be salvaged any more than apartheid South Africa could be when as late as 1987 Israel was the only “Western” nation that upheld diplomatic ties with South Africa and was the last country to join the international boycott campaign before the regime collapsed;
  • Simultaneous with, but predating, rapidly expanding Arab and Muslim power in the region as evidenced by the Arab Spring, Islamic Awakening and the ascendancy of Iran, as American power and influence recedes, the US commitment to belligerent oppressive Israel is becoming impossible to defend or execute consistent given paramount US national interests which include normalizing relations with the 57 Islamic countries; · Gross Israeli interference in the internal affairs of the United States through spying and illegal US arms transfers. This includes supporting more than 60 ‘front organizations’ and approximately 7,500 US officials who do Israel’s bidding and seek to dominate and intimidate the media and agencies of the US government which should no longer be condoned;
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  • The international opposition to the increasingly apartheid regime can no longer be synchronized with American claimed humanitarian values or US expectations in its bilateral relations with the 193 member United Nations. The Draft ends with language about the need to avoid entangling alliances that alienate much of the World and condemn American citizens to endure the consequences.
  • Franklin Lamb, former Assistant Counsel, US House Judiciary Committee and Professor of International Law at Northwestern College of Law in Oregon, earned his Law Degree at Boston University and his LLM, M.Phil., and PhD degrees at the London School of Economics. Following three years at the International Court of Justice in The Hague, Lamb was visiting fellow at the Harvard Law School’s East Asian Legal Studies Center.
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NSA Spying On - and Blackmailing - Top Government Officials and Military Officers Alex ... - 1 views

www.infowars.com/fficials-and-military-officers NSA-Patriot-Act-NDAA Liberty-Tryanny Fascism Totalitarian-State
shared by Gary Edwards on 21 Jun 13 - No Cached
  • During the raid, Binney attempted to report to FBI officials the crimes he had witnessed at NSA, in particular the NSA’s violation of the constitutional rights of all Americans.
  • Other NSA whistleblowers have also been subjected to armed raids and criminal prosecution.
  • Even the head of the CIA was targeted with extra-constitutional spying and driven out of office. 
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  • Indeed, Binney makes it very clear that the government will use information gained from its all-pervasive spying program to frame anyone it doesn’t like.
  • In a speech on March 21, second-term Obama gave us a big clue regarding his concept of leadership – one that is marked primarily by political risk-avoidance and a penchant for “leading from behind”:
  • “Speaking as a politician, I can promise you this: political leaders will not take risks if the people do not demand that they do. You must create the change that you want to see.”
  • Gary Edwards on 21 Jun 13
     
    A handful of NSA Whistleblowers continue to talk, pointing out that the NSA and CIA are using the global dragnet to BLACKMAIL the most powerful and influential people in the world.   That list would include Obama, Chief Justice John Roberts, General David Patraeus, members of the FiSA Court; so many people in fact that it would be easier to guess at the few who are not acting like they are being blackmailed.   Like Ted Cruz, Jim DeMint, and Ron Paul.  Right.  It's a very short list.  Oh wait, Senator DeMint resigned his position.  And so it goes. excerpt: "NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Courtthat I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in theexecutive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civi
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MI5 feared GCHQ went 'too far' over phone and internet monitoring | UK news | The Observer - 0 views

www.guardian.co.uk/...mi5-feared-gchq-went-too-far surveillance state NSA GCHQ Tempora UK-surveillance
shared by Paul Merrell on 24 Jun 13 - No Cached
  • Senior figures inside British intelligence have been alarmed by GCHQ's secret decision to tap into transatlantic cables in order to engage in the bulk interception of phone calls and internet traffic.According to one source who has been directly involved in GCHQ operations, concerns were expressed when the project was being discussed internally in 2008: "We felt we were starting to overstep the mark with some of it. People from MI5 were complaining that they were going too far from a civil liberties perspective … We all had reservations about it, because we all thought: 'If this was used against us, we wouldn't stand a chance'."The Guardian revealed on Friday that GCHQ has placed more than 200 probes on transatlantic cables and is processing 600m "telephone events" a day as well as up to 39m gigabytes of internet traffic. Using a programme codenamed Tempora, it can store and analyse voice recordings, the content of emails, entries on Facebook, the use of websites as well as the "metadata" which records who has contacted who. The programme is shared with GCHQ's American partner, the National Security Agency.
  • Interviews with the UK source and the NSA whistleblower Edward Snowden raise questions about whether the programme:■ Exploits existing law which was passed by parliament without any anticipation that it would be used for this purpose.■ For the first time allows GCHQ to process bulk internal UK traffic which is routed overseas via these cables.■ Allows the NSA to engage in bulk intercepts of internal US traffic which would be forbidden in its own territory.■ Functions with no effective oversight.
  • The source claimed that even the conventional warrant system has been distorted – whereas police used to ask for a warrant before intercepting a target's communications, they will now ask GCHQ to intercept the target's communications and then use that information to seek a warrant.There is a particular concern that the programme allows GCHQ to break the boundary which stopped it engaging in the bulk interception of internal UK communications. The Ripa requirement that one end of a communication must be outside the UK was a significant restriction when it was applied to phone calls using satellites, but it is no longer effective in the world of fibre-optic cables. "The point is that this is an island," the source said. "Everything comes and goes – nearly everything – down fibre-optic cables. You make a mobile phone call, it goes to a mast and then down into a fibre-optic cable, under the ground and away. And even if the call is UK to UK, it's very likely – because of the way the system is structured – to go out of the UK and come back in through these fibre-optic channels."
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  • Internet traffic is also liable to be routed internationally even if the message is exchanged between two people within the UK. "At one point, I was told that we were getting 85% of all UK domestic traffic – voice, internet, all of it – via these international cables."
  • There are similar concerns about the role of the NSA. It could have chosen to attach probes to the North American end of the cables and documents shown to the Guardian by Edward Snowden suggest that key elements of the Tempora filtering process were designed by the NSA. Instead, the NSA agency has exported its computer programs and 250 of its analysts to operate the system from the UK.Initial inquiries by the Guardian have failed to explain why this has happened, but US legislators are likely to want to check whether the NSA has sought to bypass legal or policy requirements which restrict its activity in the US. This will be particularly sensitive if it is confirmed that Tempora is also analysing internal US traffic.The UK source challenges the official justification for the programme; that it is necessary for the fight against terrorism and serious crime: "This is not scoring very high against those targets, because they are wise to the monitoring of their communications. If the terrorists are wise to it, why are we increasing the capability?
  • Defenders insist that the mass of data is heavily filtered by the programme so that only that relating to legitimate targets is analysed.However, there are doubts about the effectiveness of this. First, according to the UK source, "written definitions for targeting and filtering are very elastic. They are wide open to interpretation." The target areas defined by the Ripa certificates are secret.Second, there is further room for interpretation when human analysts become involved in using the filtered intelligence to produce what are known as "contact chains". "Here is target A. But who is A talking to? Now we're into B and C and D." If analysts believe it is proportional, they can look at all the traffic – content and metadata – relating to all of the target's contact." GCHQ audits a sample of its analysts' work – believed to be 5% every six months – but even the statistical results of these audits are also secret.
  • Beyond the detail of the operation of the programme, there is a larger, long-term anxiety, clearly expressed by the UK source: "If there was the wrong political change, it could be very dangerous. All you need is to have the wrong government in place. It is capable of abuse because there is no independent scrutiny."
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Britain faces legal challenge over secret US 'kill list' in Afghanistan | World news | ... - 0 views

www.guardian.co.uk/...hallenge-kill-list-afghanistan war & peace drone attacks international law government secrecy
shared by Paul Merrell on 12 Aug 12 - No Cached
  • Britain's role in supplying information to an American military "kill list" in Afghanistan is being subjected to legal challenge amid growing international concern over targeted strikes against suspected insurgents and drug traffickers.An Afghan man who lost five relatives in a missile strike started proceedings against the Serious Organised Crime Agency (Soca) and the Ministry of Defence demanding to know details of the UK's participation "in the compilation, review and execution of the list and what form it takes".
  • Soca refused to discuss its intelligence work, but the agency and the MoD said they worked "strictly within the bounds of international law". Its role in the operation to compile a "kill list" was first explained in a report to the US Senate's committee on foreign relations.The report described how a new task force targeting drug traffickers, insurgents and corrupt officials was being set up at Kandahar air field in southern Afghanistan. "The unit will link the US and British military with the DEA [Drug Enforcement Agency], Britain's Serious and Organised Crime Agency, and police and intelligence agencies from other countries." The 31-page report from 2009 acknowledged the precise rules of engagement were classified.
  • The letters to Soca's director general, Trevor Pearce, and the defence secretary, Philip Hammond, point to the Geneva conventions, which say that persons taking no active part in hostilities are protected from "violence to life and person, in particular murder of all kinds".They also draw on the International Committee of the Red Cross, which has said anyone accompanying an organised group who is not directly involved in hostilities "remains civilian assuming support functions".The legal letters, the first step towards seeking judicial review, say "drug traffickers who merely support the insurgency financially could not legitimately be included in the list" under these principles. The lawyers believe that, even if Isaf had targeted the right man, it may have been unlawful for others to have been killed in the missile strike.
  • Paul Merrell on 12 Aug 12
     
    Potentially important case brewing in the UK on the legality under international law of U.S. drone strikes that kill or injure non-combatants. Should this result in a Royal Commission of Inquiry, we will likely learn far more about U.S. drone strike policies, because Royal Commission's powers to receive and disclose classified information is far broader than available in U.S. courts or in Congress. E.g., much of what we now know about the Bush Administration's true motives for launching the war in Iraq was disclosed in a Royal Commission Inquiry into the Blair administration's reasons for participation in that war. 
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Inside TAO: The NSA's Shadow Network - SPIEGEL ONLINE - 0 views

www.spiegel.de/...lobal-networks-a-940969-3.html surveillance state NSA TAO NSA-methods parallel-internet must-read
shared by Paul Merrell on 30 Dec 13 - No Cached
  • The insert method and other variants of QUANTUM are closely linked to a shadow network operated by the NSA alongside the Internet, with its own, well-hidden infrastructure comprised of "covert" routers and servers. It appears the NSA also incorporates routers and servers from non-NSA networks into its covert network by infecting these networks with "implants" that then allow the government hackers to control the computers remotely. (Click here to read a related article on the NSA's "implants".) In this way, the intelligence service seeks to identify and track its targets based on their digital footprints. These identifiers could include certain email addresses or website cookies set on a person's computer. Of course, a cookie doesn't automatically identify a person, but it can if it includes additional information like an email address. In that case, a cookie becomes something like the web equivalent of a fingerprint.
  • Once TAO teams have gathered sufficient data on their targets' habits, they can shift into attack mode, programming the QUANTUM systems to perform this work in a largely automated way. If a data packet featuring the email address or cookie of a target passes through a cable or router monitored by the NSA, the system sounds the alarm. It determines what website the target person is trying to access and then activates one of the intelligence service's covert servers, known by the codename FOXACID. This NSA server coerces the user into connecting to NSA covert systems rather than the intended sites. In the case of Belgacom engineers, instead of reaching the LinkedIn page they were actually trying to visit, they were also directed to FOXACID servers housed on NSA networks. Undetected by the user, the manipulated page transferred malware already custom tailored to match security holes on the target person's computer. The technique can literally be a race between servers, one that is described in internal intelligence agency jargon with phrases like: "Wait for client to initiate new connection," "Shoot!" and "Hope to beat server-to-client response." Like any competition, at times the covert network's surveillance tools are "too slow to win the race." Often enough, though, they are effective. Implants with QUANTUMINSERT, especially when used in conjunction with LinkedIn, now have a success rate of over 50 percent, according to one internal document.
  • At the same time, it is in no way true to say that the NSA has its sights set exclusively on select individuals. Of even greater interest are entire networks and network providers, such as the fiber optic cables that direct a large share of global Internet traffic along the world's ocean floors. One document labeled "top secret" and "not for foreigners" describes the NSA's success in spying on the "SEA-ME-WE-4" cable system. This massive underwater cable bundle connects Europe with North Africa and the Gulf states and then continues on through Pakistan and India, all the way to Malaysia and Thailand. The cable system originates in southern France, near Marseille. Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle. The document proudly announces that, on Feb. 13, 2013, TAO "successfully collected network management information for the SEA-Me-We Undersea Cable Systems (SMW-4)." With the help of a "website masquerade operation," the agency was able to "gain access to the consortium's management website and collected Layer 2 network information that shows the circuit mapping for significant portions of the network."
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  • It appears the government hackers succeeded here once again using the QUANTUMINSERT method. The document states that the TAO team hacked an internal website of the operator consortium and copied documents stored there pertaining to technical infrastructure. But that was only the first step. "More operations are planned in the future to collect more information about this and other cable systems," it continues. But numerous internal announcements of successful attacks like the one against the undersea cable operator aren't the exclusive factors that make TAO stand out at the NSA. In contrast to most NSA operations, TAO's ventures often require physical access to their targets. After all, you might have to directly access a mobile network transmission station before you can begin tapping the digital information it provides.
  • To conduct those types of operations, the NSA works together with other intelligence agencies such as the CIA and FBI, which in turn maintain informants on location who are available to help with sensitive missions. This enables TAO to attack even isolated networks that aren't connected to the Internet. If necessary, the FBI can even make an agency-owned jet available to ferry the high-tech plumbers to their target. This gets them to their destination at the right time and can help them to disappear again undetected after as little as a half hour's work.
  • Sometimes it appears that the world's most modern spies are just as reliant on conventional methods of reconnaissance as their predecessors. Take, for example, when they intercept shipping deliveries. If a target person, agency or company orders a new computer or related accessories, for example, TAO can divert the shipping delivery to its own secret workshops. The NSA calls this method interdiction. At these so-called "load stations," agents carefully open the package in order to load malware onto the electronics, or even install hardware components that can provide backdoor access for the intelligence agencies. All subsequent steps can then be conducted from the comfort of a remote computer. These minor disruptions in the parcel shipping business rank among the "most productive operations" conducted by the NSA hackers, one top secret document relates in enthusiastic terms. This method, the presentation continues, allows TAO to obtain access to networks "around the world."
  • Paul Merrell on 30 Dec 13
     
    From page 3 of a 3-page article. The entire article is well worth reading. I chose this page to bookmark because of its disclosure that NSA is intercepting new computers before they are delivered and installing hardware and software backdoors, then reshipping them to their intended recipients. Although not mentioned, this implies the complicity of package shipment companies and conceivably government mail systems and original equipment manufacturers ("OEMs").  
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NSA Spied on Chinese Government and Networking Firm Huawei - SPIEGEL ONLINE - 0 views

www.spiegel.de/...king-firm-huawei-a-960199.html surveillance state NSA China Huawei NSA-targets
shared by Paul Merrell on 23 Mar 14 - No Cached
  • According to documents viewed by SPIEGEL, America'a NSA intelligence agency put considerable efforts into spying on Chinese politicians and firms. One major target was Huawei, a company that is fast becoming a major Internet player.
  • The American government conducted a major intelligence offensive against China, with targets including the Chinese government and networking company Huawei, according to documents from former NSA worker Edward Snowden that have been viewed by SPIEGEL. Among the American intelligence service's targets were former Chinese President Hu Jintao, the Chinese Trade Ministry, banks, as well as telecommunications companies. But the NSA made a special effort to target Huawei. With 150,000 employees and €28 billion ($38.6 billion) in annual revenues, the company is the world's second largest network equipment supplier. At the beginning of 2009, the NSA began an extensive operation, referred to internally as "Shotgiant," against the company, which is considered a major competitor to US-based Cisco. The company produces smartphones and tablets, but also mobile phone infrastructure, WLAN routers and fiber optic cable -- the kind of technology that is decisive in the NSA's battle for data supremacy. A special unit with the US intelligence agency succeeded in infiltrating Huwaei's network and copied a list of 1,400 customers as well as internal documents providing training to engineers on the use of Huwaei products, among other things.
  • According to a top secret NSA presentation, NSA workers not only succeeded in accessing the email archive, but also the secret source code of individual Huwaei products. Software source code is the holy grail of computer companies. Because Huawei directed all mail traffic from its employees through a central office in Shenzhen, where the NSA had infiltrated the network, the Americans were able to read a large share of the email sent by company workers beginning in January 2009, including messages from company CEO Ren Zhengfei and Chairwoman Sun Yafang. "We currently have good access and so much data that we don't know what to do with it," states one internal document. As justification for targeting the company, an NSA document claims that "many of our targets communicate over Huawei produced products, we want to make sure that we know how to exploit these products." The agency also states concern that "Huawei's widespread infrastructure will provide the PRC (People's Republic of China) with SIGINT capabilities." SIGINT is agency jargon for signals intelligence. The documents do not state whether the agency found information indicating that to be the case.
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  • The operation was conducted with the involvement of the White House intelligence coordinator and the FBI. One document states that the threat posed by Huawei is "unique". The agency also stated in a document that "the intelligence community structures are not suited for handling issues that combine economic, counterintelligence, military influence and telecommunications infrastructure from one entity."
  • Editor's note: A longer version of this story will appear in German in the issue of SPIEGEL to be published on Monday.
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Conflict Erupts in Public Rebuke on C.I.A. Inquiry - NYTimes.com - 0 views

www.nytimes.com/...-used-by-senate-committee.html surveillance state CIA Feinstein Senate-Intelligence-Committee
shared by Paul Merrell on 12 Mar 14 - No Cached
  • A festering conflict between the Central Intelligence Agency and its congressional overseers broke into the open Tuesday when Senator Dianne Feinstein, chairwoman of the Intelligence Committee and one of the C.I.A.’s staunchest defenders, delivered an extraordinary denunciation of the agency, accusing it of withholding information about its treatment of prisoners and trying to intimidate committee staff members investigating the detention program.Describing what she called a “defining moment” for the oversight of American spy agencies, Ms. Feinstein said the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.
  • Ms. Feinstein’s disclosures came a week after it was first reported that the C.I.A. last year had monitored computers used by her staff in an effort to learn how the committee may have gained access to the agency’s own internal review of the detention and interrogation program that became perhaps the most criticized part of the American government’s response to the Sept. 11, 2001, attacks. Ms. Feinstein said the internal review bolstered the conclusions of the committee’s still-classified report on the program, which President Obama officially ended in January 2009 after sharply criticizing it during the 2008 presidential campaign. For an intelligence community already buffeted by controversies over electronic surveillance and armed drone strikes, the rupture with Ms. Feinstein, one of its closest congressional allies, could have broad ramifications.
  • “Feinstein has always pushed the agency in private and defended it in public,” said Amy B. Zegart, who studies intelligence issues at Stanford University. “Now she is skewering the C.I.A. in public. This is a whole new world for the C.I.A.”Ms. Feinstein, who had refused to comment on the dispute between the C.I.A. and her committee, took the Senate floor on Tuesday morning to say the agency’s actions had breached constitutional provisions for the separation of powers and “were a potential effort to intimidate.” “How this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee,” she said.
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  • The dispute came to a head in mid-January when Mr. Brennan told members of the committee that the agency had carried out a search of computers used by committee investigators at a C.I.A. facility in Northern Virginia, where the committee was examining documents the agency had made available for its report. Ms. Feinstein said on Tuesday that during the meeting, Mr. Brennan told her that the C.I.A. had searched a “walled-off committee network drive containing the committee’s own internal work product and communications” and that he was going to “order further forensic evidence of the committee network to learn more about activities of the committee’s oversight staff.”
  • The C.I.A. had carried out the search to determine whether committee investigators may have gained unauthorized access to the internal review of the detention program that the agency had carried out without informing the committee. Ms. Feinstein on Tuesday vigorously disputed this allegation, saying the document had been included — intentionally or not — as part of a dump of millions of pages the C.I.A. had provided for the Intelligence Committee.
  • Mr. Brennan, in a January letter to Ms. Feinstein that a government official who did not want to be identified released on Tuesday, said the committee had not been entitled to the internal review because it contained “sensitive, deliberative, pre-decisional C.I.A. material”— and therefore was protected under executive privilege considerations. The letter, attached to a statement that Mr. Brennan issued to the agency’s employees on Tuesday, raised questions about Ms. Feinstein’s statements earlier in the day concerning at what point the committee came into possession of the internal review. The C.I.A.’s acting general counsel has referred the matter to the Justice Department as a possible criminal offense, a move Ms. Feinstein called a strong-arm tactic by someone with a conflict of interest in the case. She said that that official had previously been a lawyer in the C.I.A.’s Counterterrorism Center — the section of the spy agency that was running the detention and interrogation program — and that his name is mentioned more than 1,600 times in the committee’s report. Ms. Feinstein did not name the lawyer, but she appeared to be referring to Robert Eatinger, the C.I.A.’s senior deputy general counsel. In 2007, The New York Times reported that when a top C.I.A. official in 2005 destroyed videotapes of brutal interrogations of Al Qaeda detainees, Mr. Eatinger had been one of two lawyers to approve their destruction.
  • Ms. Feinstein said that on two occasions in 2010, the C.I.A. had removed documents totaling hundreds of pages from the computer server used by her staff at the Northern Virginia facility. She did not provide any details about the documents, but said that when committee investigators confronted the C.I.A. they received a number of answers — first a denial that the documents had been removed, then an explanation that they had been removed by contractors working at the facility, then an explanation that the removal of documents was ordered by the White House. When the committee approached the White House, she said, it denied giving such an order.Ms. Feinstein’s broadside rallied Senate Democrats, but divided Republicans.
  • Paul Merrell on 12 Mar 14
     
    The separation of powers Constitutional issue here is plain. The Senate has oversight of the CIA; the CIA has no lawful oversight of the Senate and furthermore is forbidden by law from conducting surveillance within the U.S. But the CIA spied on the Senate, then used evidence it found to file a criminal complaint with the DoJ against Senate staffers. Tit for tat, a criminal complaint has been filed against the CIA staffers.   
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NSA Whistleblower: NSA Spying On - and Blackmailing - Top Government Officials and Mili... - 0 views

www.washingtonsblog.com/...als-and-military-officers.html NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden Tyranny-by-Executive-Order spying
shared by Gary Edwards on 20 Aug 13 - No Cached
  • Gary Edwards on 20 Aug 13
     
    Whistleblower Says Spy Agency Targeting Top American Leaders NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the executive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civil rights groups. So, you know, don't tell me that there's no abuse, because I've had this stuff in my hand and looked at it. And in some cases, I literally was involved in the technology that was going after this stuff. And you know, when I said to [former MSNBC show host Keith] Olbermann, I said, my particular thing is high tech and you know, what's going on is the other thing, which is the dragnet. The dragnet is what Mark Klein is talking about, the terrestrial dragnet. Well my specialty is outer sp
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