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In a 13-page brief filed on Friday in federal court in Washington, DC, government lawyers assert that a June 3 declaration signed by Guantanamo prison warden Colonel John Bogdan, which sought to justify the rationale behind the genital search policy , contains details about "operational-security and force-protection procedures" that, if made public, "would better enable our enemies to attack the detention facilities at Guantanamo or undermine security at the facility".

The government made these claims in response to a motion to intervene  filed by this reporter in federal court last month which sought to unseal Bogdan's six-page declaration. Journalists can intervene in court cases and argue for the release of certain materials on the grounds that the public has a right of access to judicial records. The warden's declaration was submitted by the government - under seal - in response to a lawsuit filed by Guantanamo attorneys, who argued the genital search policy Bogdan enacted at the height of a mass hunger strike in April interfered with prisoners' access to their lawyers. The new procedures required prisoners to agree to have their genitals searched whenever they left their cells to meet with attorneys, and upon return, to ensure they were not transporting "contraband". Rather than submit to the searches, numerous prisoners declined to meet with their lawyers.

Last month, US District Court Judge Royce Lamberth banned the searches, calling them "religiously and culturally abhorrent". Lamberth said the protocol Bogdan implemented under the guise of security was actually intended to deter prisoners from meeting with their lawyers. The judge noted the "government is a recidivist when it comes to denying counsel access" to the prisoners. Three days after Lamberth issued his opinion, this reporter's Washington, DC-based attorney, Jeffrey Light, filed a motion to intervene to unseal Bogdan's declaration. The following week a federal appeals court reversed Lamberth's decision while the government prepared a formal appeal.

President Obama announced plans to pursue reforms that would open the legal proceedings surrounding the National Security Agency’s surveillance programs to greater scrutiny. » Obama announces proposals to reform NSA surveillance Obama administration white paper on NSA surveillance oversight

For ten years Pamela Jones has run Groklaw, a site collecting, discussing, and explaining legal developments of interest to the open-source software community. Her efforts have, justifiably, won many awards. She's done now.

That's not why she's stopping. Pamela Jones is ending Groklaw because she can't trust her government. She's ending it because, in the post-9/11 era, there's no viable and reliable way to assure that our email won't be read by the state — because she can't confidently communicate privately with her readers and tipsters and subjects and friends and family.

In making this choice, Jones echoes the words of Lavar Levison, who shut down his encrypted email service Lavabit. Levison said he was doing so rather than "become complicit in crimes against the American people": “I’m taking a break from email,” said Levison. “If you knew what I know about email, you might not use it either.” Lavabit was joined by encryption provider Silent Circle:

"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.'"

Phil Zimmermann, the creator of the email encryption software PGP, has warned that anyone who uses consumer email services needs to be aware of the threats of exposing their metadata to eavesdroppers.

That risk also led Zimmermann to develop a new feature for his Silent Phone app, encrypting conversations earlier in the call process. Dubbed "tunnelling", the feature hides the knowledge of who is talking to who from any eavesdroppers. Zimmermann had the idea for the feature “quite a few months before the Edward Snowden revelations”, but its upcoming release will be timely. Where PGP flaws are becoming clearer with time, Zimmermann argues that the core technology holds up just as well. “The first thing I did [after the Guardian published Snowden’s leaks] was review my own designs. "I haven't seen anything in the Snowden revelations that suggests that PGP or the stuff we do now is weak in any way.”

Not limiting their activities to the earthly realm, American and British spies have infiltrated the fantasy worlds of World of Warcraft and Second Life, conducting surveillance and scooping up data in the online games played by millions of people across the globe, according to newly disclosed classified documents.

Fearing that terrorist or criminal networks could use the games to communicate secretly, move money or plot attacks, the documents show, intelligence operatives have entered terrain populated by digital avatars that include elves, gnomes and supermodels. The spies have created make-believe characters to snoop and to try to recruit informers, while also collecting data and contents of communications between players, according to the documents, disclosed by the former National Security Agency contractor Edward J. Snowden. Because militants often rely on features common to video games — fake identities, voice and text chats, a way to conduct financial transactions — American and British intelligence agencies worried that they might be operating there, according to the papers.

Online games might seem innocuous, a top-secret 2008 N.S.A. document warned, but they had the potential to be a “target-rich communication network” allowing intelligence suspects “a way to hide in plain sight.” Virtual games “are an opportunity!” another 2008 N.S.A. document declared. But for all their enthusiasm — so many C.I.A., F.B.I. and Pentagon spies were hunting around in Second Life, the document noted, that a “deconfliction” group was needed to avoid collisions — the intelligence agencies may have inflated the threat. The documents, obtained by The Guardian and shared with The New York Times and ProPublica, do not cite any counterterrorism successes from the effort. Former American intelligence officials, current and former gaming company employees and outside experts said in interviews that they knew of little evidence that terrorist groups viewed the games as havens to communicate and plot operations.

A panel appointed by President Obama to review the government’s surveillance activities has recommended that the National Security Agency no longer keep a database of virtually all Americans’ phone records, and that decisions to spy on foreign leaders be subjected to greater scrutiny. These are two of the more significant recommendations in a 308-page report issued by the White House Wednesday in an effort to restore public confidence in the nation’s spying apparatus.

The document below is the full text of a brief article from the Oct. 12, 2011 edition of the Top Secret “SSO News,” an NSA electronic newsletter. It includes the first confirmation – and the only known details – of an Oct. 3, 2011 ruling in which the Foreign Intelligence Surveillance Court held that the NSA was using illegal methods to collect and handle the emails and other internet communications of American citizens and green card holders. Much remains unknown about the case and its resolution, which is the subject of a Freedom of Information Act lawsuit by the Electronic Frontier Foundation. The intended audience would be familiar with the NSA's internal jargon and acronyms. Here is a brief glossary of terms. The article's author has been redacted by The Washington Post. NSA broke privacy rules thousands of times per year, audit finds

A bill introduced Sept. 18 would make clear that consumers actually owned the electronic devices, and any accompanying software on that device, that they purchased, according to sponsor Rep. Blake Farenthold's (R-Texas). The You Own Devices Act (H.R. 5586) would amend the Copyright Act “to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.” The bill, which is unlikely to receive attention during Congress's lame-duck legislative session, was well-received by consumer's rights groups.

Section 109(a) of the Copyright Act, 17 U.S.C. §109(a), serves as the foundation for the first sale doctrine. H.R. 5586 would amend Section 109(a) by adding a provision covering “transfer of computer programs.” That provision would state:if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer pro gram, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement.

‘Things' Versus SoftwareFarenthold had expressed concern during a Sept. 17 hearing on Section 1201 of the Digital Millennium Copyright Act over what he perceived was a muddling between patents and copyrights when it comes to consumer products. “Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Farenthold asked the witnesses if there was a way to draw a distinction in copyright “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone.”

Disconnecting water from people who cannot pay their bills is an affront to their human rights, a group of United Nations experts said today, amid reports of widespread water shut-offs in the United States city of Detroit for non-payment. “Disconnection of water services because of failure to pay due to lack of means constitutes a violation of the human right to water and other international human rights,” the experts stated in a news release. The Detroit Water and Sewerage Department has been disconnecting water services from households which have not paid bills for two months, and has sped up the process since early June, with the number of disconnections rising to around 3,000 customers per week. As a result, some 30,000 households are expected to be disconnected from water services over the next few months. The news release noted that due to high poverty and unemployment rates, relatively expensive water bills in Detroit are unaffordable for a significant portion of the population.

Catarina de Albuquerque, the Special Rapporteur on the human right to water and sanitation, said that disconnections due to non-payment are only permissible if it can be shown that the resident is able to pay but is not paying. “In other words, when there is genuine inability to pay, human rights simply forbids disconnections,” she stated.

Under international human rights law, it is the State’s obligation to provide urgent measures, including financial assistance, to ensure access to essential water and sanitation. “The households which suffered unjustified disconnections must be immediately reconnected,” the experts stressed.

Senate Majority Leader Mitch McConnell introduced a bill Tuesday night to extend through 2020 a controversial surveillance authority under the Patriot Act. The move comes as a bipartisan group of lawmakers in both chambers is preparing legislation to scale back the government’s spying powers under Section 215 of the Patriot Act. It puts McConnell (R-Ky.) and Senate Intelligence Committee Chairman Richard Burr (R-N.C.), the bill’s co-sponsor, squarely on the side of advocates of the National Security Agency’s continued ability to collect millions of Americans’ phone records each day in the hunt for clues of terrorist activity.

In filing the bill, McConnell and Burr invoked a Senate rule that enabled them to bypass the traditional committee vetting process and take the bill straight to the floor. No date has been set for such consideration. The move provoked a swift response from Sen. Patrick J. Leahy (Vt.), the ranking Democrat on the Judiciary Committee, who has been working with other panel members on legislation to end the government’s mass collection of phone and other records for national security purposes. “Despite overwhelming consensus that the bulk collection of Americans’ phone records under Section 215 of the USA Patriot Act must end, Senate Republican leaders are proposing to extend that authority without change,” he said in a statement Tuesday night. “This tone deaf attempt to pave the way for five and a half more years of unchecked surveillance will not succeed. I will oppose any reauthorization of Section 215 that does not contain meaningful reforms.” A bipartisan group of lawmakers on the House Judiciary Committee has been working with Leahy and his colleagues to craft a new version of the Freedom Act, legislation to end bulk record collection that failed to pass the Senate last year.

On March 12, 2004, acting attorney general James B. Comey and the Justice Department’s top leadership reached the brink of resignation over electronic surveillance orders that they believed to be illegal. President George W. Bush backed down, halting secret foreign-intelligence-gathering operations that had crossed into domestic terrain. That morning marked the beginning of the end of STELLARWIND, the cover name for a set of four surveillance programs that brought Americans and American territory within the domain of the National Security Agency for the first time in decades. It was also a prelude to new legal structures that allowed Bush and then President Obama to reproduce each of those programs and expand their reach.What exactly STELLARWIND did has never been disclosed in an unclassified form. Which parts of it did Comey approve? Which did he shut down? What became of the programs when the crisis passed and Comey, now Obama’s expected nominee for FBI director, returned to private life?Authoritative new answers to those questions, drawing upon a classified NSA history of STELLARWIND and interviews with high-ranking intelligence officials, offer the clearest map yet of the Bush-era programs and the NSA’s contemporary U.S. operations.STELLARWIND was succeeded by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications, according to the interviews and documents.

Two of the four collection programs, one each for telephony and the Internet, process trillions of “metadata” records for storage and analysis in systems called MAINWAY and MARINA, respectively. Metadata includes highly revealing information about the times, places, devices and participants in electronic communication, but not its contents. The bulk collection of telephone call records from Verizon Business Services, disclosed this month by the British newspaper the Guardian, is one source of raw intelligence for MAINWAY.The other two types of collection, which operate on a much smaller scale, are aimed at content. One of them intercepts telephone calls and routes the spoken words to a system called ­NUCLEON.For Internet content, the most important source collection is the PRISM project reported on June 6 by The Washington Post and the Guardian. It draws from data held by Google, Yahoo, Microsoft and other Silicon Valley giants, collectively the richest depositories of personal information in history.

The debate has focused on two of the four U.S.-based collection programs: PRISM, for Internet content, and the comprehensive collection of telephone call records, foreign and domestic, that the Guardian revealed by posting a classified order from the Foreign Intelligence Surveillance Court to Verizon Business Services.The Post has learned that similar orders have been renewed every three months for other large U.S. phone companies, including Bell South and AT&T, since May 24, 2006. On that day, the surveillance court made a fundamental shift in its approach to Section 215 of the Patriot Act, which permits the FBI to compel production of “business records” that are relevant to a particular terrorism investigation and to share those in some circumstances with the NSA. Henceforth, the court ruled, it would define the relevant business records as the entirety of a telephone company’s call database.The Bush administration, by then, had been taking “bulk metadata” from the phone companies under voluntary agreements for more than four years. The volume of information overwhelmed the MAINWAY database, according to a classified report from the NSA inspector general in 2009. The agency spent $146 million in supplemental counterterrorism funds to buy new hardware and contract support — and to make unspecified payments to the phone companies for “collaborative partnerships.”When the New York Times revealed the warrantless surveillance of voice calls, in December 2005, the telephone companies got nervous. One of them, unnamed in the report, approached the NSA with a request. Rather than volunteer the data, at a price, the “provider preferred to be compelled to do so by a court order,” the report said. Other companies followed suit. The surveillance court order that recast the meaning of business records “essentially gave NSA the same authority to collect bulk telephony metadata from business records that it had” under Bush’s asserted authority alone.

The National Security Agency on Tuesday restarted its bulk collection of Americans’ phone records for a temporary period, following a federal court ruling this week that gave it the green light, U.S. officials said. The Foreign Intelligence Surveillance Court on Monday ruled that the NSA could resume gathering millions of Americans’ phone metadata — call times, dates and durations — to scan for links to foreign terrorists. [Here’s the court’s opinion] But the resumption is good for only 180 days — or until Nov. 29, in compliance with the USA Freedom Act. That law, which President Obama signed June 2 after a contentious congressional debate, will end the government’s bulk collection of metadata. It provided, however, for a transition period to allow the NSA time to set up an alternative system in which the data is stored by the phone companies.

After the law took effect, the government immediately applied to the surveillance court to restart its collection. Because Congress passed the bill a day after the underlying statute authorizing the NSA program had expired, there was a question as to whether lawmakers had authorized the government’s temporary harvesting of phone records. “In passing the USA Freedom Act, Congress clearly intended to end bulk data collection of business records and other tangible things,” Judge Michael W. Mosman wrote in his opinion. “But what it took away with one hand, it gave back — for a limited time — with the other. . . . It chose to allow a 180-day transitional period during which such [bulk] collection could continue.”

Sen. Ron Wyden (D-Ore.) said he saw no reason to resume collection, even on a temporary basis. “This illegal dragnet surveillance violated Americans’ rights for 14 years without making our country any safer,” he said. Mosman also ruled that FreedomWorks, a grass-roots libertarian organization, and its attorney, Ken Cuccinelli II, could submit “friend of the court” briefs that argue against the lawfulness of the metadata program. In May, a federal appeals court in New York held that the program was unlawful. The U.S. Court of Appeals for the 2nd Circuit ruled that the program stretched the meaning of the statute — Section 215 of the USA Patriot Act — to enable data collection in “staggering” volumes in the chance that “at some future point” there might be a need to search for terrorist links.

The Intercept published an expose on the NSA's XKeyscore program. Along with information on the breadth and scale of the NSA's metadata collection, The Intercept revealed how the NSA relies on unencrypted cookie data to identify users. As The Intercept says: "The NSA’s ability to piggyback off of private companies’ tracking of their own users is a vital instrument that allows the agency to trace the data it collects to individual users. It makes no difference if visitors switch to public Wi-Fi networks or connect to VPNs to change their IP addresses: the tracking cookie will follow them around as long as they are using the same web browser and fail to clear their cookies." The NSA slides released by The Intercept give detailed guides to understanding the data transmitted by these cookies, as well as how to find unique machine identifiers that analysts can use to differentiate between multiple machines using the same IP address. We've written before about how spy agencies piggyback on social media account data to find Internet users' names or other identifying info, and these slides drive home the point that HTTP cookies leave users vulnerable to government surveillance, since any intermediary (or spy agency) can read the sensitive data they contain.

Worse yet, most of the time these identifying cookies come from third-party sources on webpages, and users have no meaningful way to opt out of receiving them (short of blocking all third party cookies) since advertisers (the main server of these types of cookies) refuse to honor the Do Not Track header.  Browser makers could help address this sort of non-consensual tracking by both advertisers and the NSA with some simple technical changes—changes that have been shown to reduce the number of third party cookies received by 67%. So far, though, they've been unwilling to build privacy protecting features in by default. Until they do, the best way for users to protect themselves is by installing a privacy protecting app like Privacy Badger, which is designed to block these types of uniquely identifying tracking cookies, or HTTPS Everywhere to block the transmission of HTTP cookies.

The United Nations Security Council today gave the greenlight for the establishment of a Joint Investigative Mechanism to identify those responsible for the use of chemical weapons in Syria. In a unanimously adopted resolution, the 15-member body requested the UN Secretary-General, in coordination with the Director-General of the Organization for the Prohibition of Chemical Weapons (OPCW), to submit recommendations for the establishment of the Mechanism within 20 days. The Council will then respond to the recommendations within five days of receipt. The Mechanism, established for a period of one year with a possibility of future extension, will be tasked with identifying “individuals, entities, groups, or governments involved in the use of chemicals as weapons, including chlorine or any other toxic chemical,” in Syria, according to the Council, which reiterated that those responsible must be held accountable.

he resolution stresses the obligation of the Syrian Government and all parties in the country to “cooperate fully” with the OPCW and the UN, including providing full access to all locations, individuals and materials in Syria relevant for the Joint Investigative Mechanism. It also calls on all other States to cooperate fully, including providing any relevant information they may possess pertaining to those involved in use of chemicals as weapons in Syria. In March 2015, the Council expressed deep concern that toxic chemicals, such as chlorine, had been used as a weapon in Syria – which was the conclusion with a “high degree of confidence” by the OPCW Fact-Finding Mission – stressing that those who use such weapons must be held accountable. The UN and the OPCW previously worked together to oversee the destruction of Syria’s chemical weapons stockpiles and production facilities, a task they completed in October 2014.

The Fed was sued by financial news network Bloomberg two years ago.  Bloomberg wants the Fed to reveal which banks received $2 trillion in bailout money and why.  Bloomberg won the case and the Fed appealed.  Bloomberg, also, won the appeal in March 2010!  The precedent setting case would force the Fed to reveal the details of secret bank bailouts–including $500 billion given to foreign financial firms!!    In a Bloomberg story earlier this week, lawyers representing the Federal Reserve (which is made up in part by big U.S. banks) said, “U.S. commercial banks will take their fight against disclosure of Federal Reserve (documents) in 2008 to the Supreme Court if necessary . . .”  Lawyers representing the Fed say they are worried that if details of trillions of dollars in bailouts are revealed, it could cause another financial meltdown.  General Council for the Fed, Paul Saltzman, says, “Our member banks are very concerned about real-time disclosure of information that could cause a run on the banks.”  This is another story, with dire implications, the mainstream media is ignoring.  (Click here for the complete Bloomberg story)

Stop coddling the super-rich he says.