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Activist Post: FBI Thwarts Terror Plot on Capitol (That They Planned) - 0 views

www.activistpost.com/...rror-plot-on-capitol-that.html politics-of-fear FBI sting entrapment terrorists™
shared by Paul Merrell on 16 Jan 15 - No Cached
  • The FBI is at it again. Creating fake terror plots to justify their existence. And this plot hits on all the themes one would expect from a good fake terror plot. The FBI initially found a patsy by trolling Twitter for support of ISIS. That's exciting because finding someone retarded enough to admit support for murderers is really difficult. Then they sent an in-house jihadist to team up with the patsy to plan a grand terror attack on the nation's Capitol. Heroically, the moment the 20-year-old patsy said he would "go forward with violent jihad" the FBI steps in and declares a victory in the war on terror. NBC News reports: Ohio man was arrested Wednesday and accused of planning to attack the U.S. Capitol, U.S. officials told NBC News. But the officials said the man, identified as Christopher Cornell, 20, was dealing with an undercover agent the entire time and was never in a position to carry out his plan. "There was never a danger to the public," an official told NBC News. The officials said that starting in August, Cornell began posting comments on Twitter in support of ISIS under an alias, Raheel Mahrus Ubaydah. Shortly after those posts began appearing, the FBI sent an undercover operative to meet with him.
  • During a meeting with the operative, court documents say, Cornell said he wanted "to go forward with violent jihad" and that Anwar al-Awlaki — the U.S.-born Muslim cleric who was killed by a U.S. drone in September 2011 and was the first U.S. citizen publicly known to have been added to the U.S. kill-or-capture list — and others had encouraged that kind of action. Seriously, Anwar al-Awlaki again? Hasn't his name become synonymous with "false flag"? He's a proven federal asset who also supposedly handled the Fort Hood Shooter, the Underwear Bomber and even the recent Paris Shooters - all incredibly shady events that served to advance the "war on terror" agenda. The FBI has incubated fake terror plots over and over: See this, this, this, this, this, this, this, and this. Surely they'd never let an event go live, would they? What would they have to gain? Well, the only reason this story exists at all is to make the public feel that there are genuine terror threats targeting the US Capitol. That is then used to justify spying on the Internet and funding the huge terrorism-industrial complex that has nothing better to do than make up the reasons to keep giving them money. The police state is a ruthless business, and false flag terror is its most effective marketing tool. UPDATE: Surprise, the salesmen are already using this fake story to push their agenda: John Boehner Credits Government Surveillance For Uncovering Capitol Bomb Threat
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The Beginning of World Trade Disorganization? | The Diplomat - 0 views

thediplomat.com/...of-world-trade-disorganization economic-collapse WTO U.S.-Empire-decline hegemonic-instability
shared by Paul Merrell on 16 Jan 15 - No Cached
  • Last summer, the World Trade Organization (WTO) entered a phase of paralysis as India unilaterally shifted its stance and vetoed the Trade Facilitation Agreement, a modest attempt to remove red tape at borders. The WTO, as its director-general Roberto Azevêdo lamented, has plunged into the “most serious crisis” ever since its formation in 1995. India eventually agreed to back down under American persuasion. Meanwhile, in an effort to update the WTO’s Information Technology Agreement of 1996, China presented a long list of IT products that it requests be excluded from the new agreement and prompted a deadlock, only later to make concessions as U.S. threw its weight behind the 18-month negotiations. Uniting the two incidents is the emerging sense of frustration with the WTO platform and, consequently, the growing need for direct U.S. intervention in safeguarding agreements. The WTO has entered a new phase of existential crisis, being multilateral in appearance, but bilateral in essence. This is in revealing contrast with the past, when the U.S. could only be the spoiler, not defender, of the multilateral trade regime it established. Why is this happening to the WTO? There is a simple yet powerful explanation: The entire system of the WTO is underpinned by the American hegemon supplying political and economic capital. If the U.S. is in relative decline, the trade system will naturally fragment. This theory is known as the hegemonic stability theory.
  • Paul Merrell on 16 Jan 15
     
    Let's not even mention that U.S. sanctions imposed on Iran and Russia are in direct definance of the WTO agreements. 
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New Disclosures Highlight Ashton Carter's Ties to Investors - 0 views

www.pogo.org/...carters-ties-to-investors.html war & peace DoD Secretary-nominee Ashton-Carter banksters conflicts-of-interest
shared by Paul Merrell on 17 Jan 15 - No Cached
  • Ashton Carter, President Obama’s nominee for Secretary of Defense, received $20,000 last year from one of the top consulting firms offering political intelligence to investors. And his wife’s investments in the defense industry may at times require him to stay on the sidelines while he serves at the Pentagon. Those are among the tidbits revealed in new disclosure reports posted online by the Office of Government Ethics. Last week, the Project On Government Oversight wrote that Carter, “[w]hile working in the private sector...has held plum positions on government advisory boards that called for reforms with potential ramifications for his defense industry clients and other companies that receive [Department of Defense] dollars.” Like many members of Washington’s policy establishment, he has straddled the public and private sectors, keeping a foot in both worlds with the potential to gain inside information on, and influence over, government policy. Carter’s latest ethics disclosures show another way for former government officials to cash in: giving speeches sponsored by companies in the investment world. The new disclosures detail Carter’s consulting and speaking engagements since he stepped down as Deputy Secretary of Defense in late 2013.
  • Several years ago, while serving as the Pentagon’s chief weapons buyer, he spoke to investors about mergers in the defense industry. “He told the assemblage that the Pentagon would frown on mergers among the five giant military contractors—the so-called primes: Lockheed Martin, General Dynamics, Raytheon, Northrop-Grumman and Boeing,” according to a 2011 article by New York Times business columnist Joe Nocera. “However, he added, the Defense Department was going to encourage mergers among smaller military contractors. And, he said, ‘we will be attentive’ to innovative smaller companies that provide services (as opposed to weapons systems) to the Pentagon.” “For the last few months, beginning with a secret meeting last October, Defense Department officials have been making the rounds of analysts and investors,” Nocera wrote. “Their main message, to put it bluntly, is that even in an era of tighter budgets, the Pentagon is going to make sure the military industry remains profitable. ‘Taxpayers and shareholders are aligned,’ Mr. Carter intoned” in his remarks.
  • Carter, his wife, the Gerson Lehrman Group, and a Pentagon spokesperson did not respond to POGO’s requests for comment, but we will update this post with any comments they provide. Carter’s confirmation hearing is set to take place in early February, according to Politico.
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Never trust a corporation to do a library's job - The Message - Medium - 0 views

medium.com/...do-a-librarys-job-f58db4673351 Internet archives Google librarians
shared by Paul Merrell on 01 Feb 15 - No Cached
  • Google wrote its mission statement in 1999, a year after launch, setting the course for the company’s next decade:“Google’s mission is to organize the world’s information and make it universally accessible and useful.”For years, Google’s mission included the preservation of the past.
  • In the last five years, starting around 2010, the shifting priorities of Google’s management left these archival projects in limbo, or abandoned entirely.After a series of redesigns, Google Groups is effectively dead for research purposes. The archives, while still online, have no means of searching by date.Google News Archives are dead, killed off in 2011, now directing searchers to just use Google.Google Books is still online, but curtailed their scanning efforts in recent years, likely discouraged by a decade of legal wrangling still in appeal. The official blog stopped updating in 2012 and the Twitter account’s been dormant since February 2013.
  • Even Google Search, their flagship product, stopped focusing on the history of the web. In 2011, Google removed the Timeline view letting users filter search results by date, while a series of major changes to their search ranking algorithm increasingly favored freshness over older pages from established sources. (To the detriment of some.)
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  • Two months ago, Larry Page said the company’s outgrown its 14-year-old mission statement. Its ambitions have grown, and its priorities have shifted.Google in 2015 is focused on the present and future. Its social and mobile efforts, experiments with robotics and artificial intelligence, self-driving vehicles and fiberoptics.As it turns out, organizing the world’s information isn’t always profitable. Projects that preserve the past for the public good aren’t really a big profit center. Old Google knew that, but didn’t seem to care.
  • The desire to preserve the past died along with 20% time, Google Labs, and the spirit of haphazard experimentation.Google may have dropped the ball on the past, but fortunately, someone was there to pick it up.
  • Paul Merrell on 01 Feb 15
     
    So here's my plan. In the same legislation that abolishes the NSA, grant its funding and deed the NSA's enormous data center in Utah to the Internet Archives.  Require that the NSA's internet archives be turned over to Internet Archive in good working order. Put thousands of librarians and digital archaeologists to work preserving and making the history of the online global populattion accessible to all. Also require that the remainder of the NSA be used as combustibles for the first annual NSA Bonfire Ball. BYOB. 
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Verizon Will Now Let Users Kill Previously Indestructible Tracking Code - ProPublica - 0 views

www.propublica.org/...y-indestructible-tracking-code surveillance state Verizon tracking-cookies
shared by Paul Merrell on 01 Feb 15 - No Cached
  • Verizon says it will soon offer customers a way to opt out from having their smartphone and tablet browsing tracked via a hidden un-killable tracking identifier. The decision came after a ProPublica article revealed that an online advertiser, Turn, was exploiting the Verizon identifier to respawn tracking cookies that users had deleted. Two days after the article appeared, Turn said it would suspend the practice of creating so-called "zombie cookies" that couldn't be deleted. But Verizon couldn't assure users that other companies might not also exploit the number - which was transmitted automatically to any website or app a user visited from a Verizon-enabled device - to build dossiers about people's behavior on their mobile devices. Verizon subsequently updated its website to note Turn's decision and declared that it would "work with other partners to ensure that their use of [the undeletable tracking number] is consistent with the purposes we intended." Previously, its website had stated: "It is unlikely that sites and ad entities will attempt to build customer profiles.
  • However, policing the hundreds of companies in the online tracking business was likely to be a difficult task for Verizon. And so, on Monday, Verizon followed in the footsteps of AT&T, which had already declared in November that it would stop inserting the hidden undeletable number in its users' Web traffic. In a statement emailed to reporters on Friday, Verizon said, "We have begun working to expand the opt-out to include the identifier referred to as the UIDH, and expect that to be available soon." Previously, users who opted out from Verizon's program were told that information about their demographics and Web browsing behavior would no longer be shared with advertisers, but that the tracking number would still be attached to their traffic. For more coverage, read ProPublica's previous reporting on Verizon's indestructible tracking and how one company used the tool to create zombie cookies.
  • Paul Merrell on 01 Feb 15
     
    Good for Pro Publica!
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Why Does the FBI Have to Manufacture its Own Plots if Terrorism and ISIS Are Such Grave... - 0 views

firstlook.org/...s-terrorism-isis-grave-threats war on terror™ politics-of-fear budget-justification FBI entrapment
shared by Paul Merrell on 27 Feb 15 - No Cached
  • The FBI and major media outlets yesterday trumpeted the agency’s latest counterterrorism triumph: the arrest of three Brooklyn men, ages 19 to 30, on charges of conspiring to travel to Syria to fight for ISIS (photo of joint FBI/NYPD press conference, above). As my colleague Murtaza Hussain ably documents, “it appears that none of the three men was in any condition to travel or support the Islamic State, without help from the FBI informant.” One of the frightening terrorist villains told the FBI informant that, beyond having no money, he had encountered a significant problem in following through on the FBI’s plot: his mom had taken away his passport. Noting the bizarre and unhinged ranting of one of the suspects, Hussain noted on Twitter that this case “sounds like another victory for the FBI over the mentally ill.” In this regard, this latest arrest appears to be quite similar to the overwhelming majority of terrorism arrests the FBI has proudly touted over the last decade. As my colleague Andrew Fishman and I wrote last month — after the FBI manipulated a 20-year-old loner who lived with his parents into allegedly agreeing to join an FBI-created plot to attack the Capitol — these cases follow a very clear pattern
  • Once again, we should all pause for a moment to thank the brave men and women of the FBI for saving us from their own terror plots.
  • We’re constantly bombarded with dire warnings about the grave threat of home-grown terrorists, “lone wolf” extremists and ISIS. So intensified are these official warnings that The New York Times earlier this month cited anonymous U.S. intelligence officials to warn of the growing ISIS threat and announce “the prospect of a new global war on terror.” But how serious of a threat can all of this be, at least domestically, if the FBI continually has to resort to manufacturing its own plots by trolling the Internet in search of young drifters and/or the mentally ill whom they target, recruit and then manipulate into joining? Does that not, by itself, demonstrate how over-hyped and insubstantial this “threat” actually is? Shouldn’t there be actual plots, ones that are created and fueled without the help of the FBI, that the agency should devote its massive resources to stopping? This FBI tactic would be akin to having the Drug Enforcement Agency (DEA) constantly warn of the severe threat posed by drug addiction while it simultaneously uses pushers on its payroll to deliberately get people hooked on drugs so that they can arrest the addicts they’ve created and thus justify their own warnings and budgets (and that kind of threat-creation, just by the way, is not all that far off from what the other federal law enforcement agencies, like the FBI, are actually doing). As we noted the last time we wrote about this, the Justice Department is aggressively pressuring U.S. allies to employ these same entrapment tactics in order to create their own terrorists, who can then be paraded around as proof of the grave threat.
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  • UPDATE: The ACLU of Massachusetts’s Kade Crockford notes this extraordinarily revealing quote from former FBI assistant director Thomas Fuentes, as he defends one of the worst FBI terror “sting” operations of all (the Cromitie prosecution we describe at length here): If you’re submitting budget proposals for a law enforcement agency, for an intelligence agency, you’re not going to submit the proposal that “We won the war on terror and everything’s great,” cuz the first thing that’s gonna happen is your budget’s gonna be cut in half. You know, it’s my opposite of Jesse Jackson’s ‘Keep Hope Alive’—it’s ‘Keep Fear Alive.’ Keep it alive. That is the FBI’s terrorism strategy — keep fear alive — and it drives everything they do.
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European Lawmakers Demand Answers on Phone Key Theft - The Intercept - 0 views

firstlook.org/...gemalto-heist-shocks-europe surveillance state Gemalto SIM-card-keys
shared by Paul Merrell on 24 Feb 15 - No Cached
  • European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”
  • “If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.
  • According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.
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  • While Gemalto was indeed another casualty in Western governments’ sweeping effort to gather as much global intelligence advantage as possible, the leaked documents make clear that the company was specifically targeted. According to the materials published Thursday, GCHQ used a specific codename — DAPINO GAMMA — to refer to the operations against Gemalto. The spies also actively penetrated the email and social media accounts of Gemalto employees across the world in an effort to steal the company’s encryption keys. Evidence of the Gemalto breach rattled the digital security community. “Almost everyone in the world carries cell phones and this is an unprecedented mass attack on the privacy of citizens worldwide,” said Greg Nojeim, senior counsel at the Center for Democracy & Technology, a non-profit that advocates for digital privacy and free online expression. “While there is certainly value in targeted surveillance of cell phone communications, this coordinated subversion of the trusted technical security infrastructure of cell phones means the US and British governments now have easy access to our mobile communications.”
  • For Gemalto, evidence that their vaunted security systems and the privacy of customers had been compromised by the world’s top spy agencies made an immediate financial impact. The company’s shares took a dive on the Paris bourse Friday, falling $500 million. In the U.S., Gemalto’s shares fell as much 10 percent Friday morning. They had recovered somewhat — down 4 percent — by the close of trading on the Euronext stock exchange. Analysts at Dutch financial services company Rabobank speculated in a research note that Gemalto could be forced to recall “a large number” of SIM cards. The French daily L’Express noted today that Gemalto board member Alex Mandl was a founding trustee of the CIA-funded venture capital firm In-Q-Tel. Mandl resigned from In-Q-Tel’s board in 2002, when he was appointed CEO of Gemplus, which later merged with another company to become Gemalto. But the CIA connection still dogged Mandl, with the French press regularly insinuating that American spies could infiltrate the company. In 2003, a group of French lawmakers tried unsuccessfully to create a commission to investigate Gemplus’s ties to the CIA and its implications for the security of SIM cards. Mandl, an Austrian-American businessman who was once a top executive at AT&T, has denied that he had any relationship with the CIA beyond In-Q-Tel. In 2002, he said he did not even have a security clearance.
  • AT&T, T-Mobile and Verizon could not be reached for comment Friday. Sprint declined to comment. Vodafone, the world’s second largest telecom provider by subscribers and a customer of Gemalto, said in a statement, “[W]e have no further details of these allegations which are industrywide in nature and are not focused on any one mobile operator. We will support industry bodies and Gemalto in their investigations.” Deutsche Telekom AG, a German company, said it has changed encryption algorithms in its Gemalto SIM cards. “We currently have no knowledge that this additional protection mechanism has been compromised,” the company said in a statement. “However, we cannot rule out this completely.”
  • Update: Asked about the SIM card heist, White House press secretary Josh Earnest said he did not expect the news would hurt relations with the tech industry: “It’s hard for me to imagine that there are a lot of technology executives that are out there that are in a position of saying that they hope that people who wish harm to this country will be able to use their technology to do so. So, I do think in fact that there are opportunities for the private sector and the federal government to coordinate and to cooperate on these efforts, both to keep the country safe, but also to protect our civil liberties.”
  • Paul Merrell on 24 Feb 15
     
    Watch for massive class action product defect litigation to be filed against the phone companies.and mobile device manufacturers.  In most U.S. jurisdictions, proof that the vendors/manufacturers  knew of the product defect is not required, only proof of the defect. Also, this is a golden opportunity for anyone who wants to get out of a pricey cellphone contract, since providing a compromised cellphone is a material breach of warranty, whether explicit or implied..   
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Sen. Menendez Top Recipient of MEK-Related Campaign Funding « LobeLog - 0 views

www.lobelog.com/f-mek-related-campaign-funding war & peace Iraq Iran MEK Israel Menendez
shared by Paul Merrell on 27 Feb 15 - No Cached
  • As readers of this blog already know, Sen. Robert Menendez (D-NJ) was the top congressional recipient of “pro-Israel” campaign funding in the 2012 election cycle, the last time he ran for office, according to the Center for Responsive Politics. He has since distinguished himself as the leading proponent among Senate’s Democrats of new sanctions against Iran. He has repeatedly co-sponsored sanctions legislation—with Mark Kirk (R-IL), the top recipient of pro-Israel campaign funding for the past decade—with the ostensible purpose of increasing pressure on Tehran to make far-reaching concessions at the negotiating table. It appears that Menendez has also been the top recipient of campaign funding from donors with ties to the Mojahedin-e Khalq (MeK), the cultish group that was until recently included on the State Department’s terrorism list, according to a new investigative report published Thursday by LobeLog alumni and occasional contributors Ali Gharib and Eli Clifton on The Intercept website. The article, “Long March of the Yellow Jackets: How a One-Time Terrorist Group Prevailed on Capitol Hill,” details how Menendez, then chairman of the Senate Foreign Relations Committee, maintained a hold for some six months—from July 2013 until late January 2014—on an arms package for the Iraqi government that included 24 Apache helicopters. Menendez explained publicly that he was concerned about then-Iraqi Prime Minister Nouri al-Maliki’s record of attacks against civilians and his tacitly allowing Iran to use Iraqi airspace to transport weapons to Syria.
  • But Ali and Eli cite sources that cumulatively suggest that Menendez’s position may have been influenced by intense lobbying on the part of pro-MeK individuals, including the lobbyist for one of the MeK’s political fronts and Menendez’s immediate predecessor, Robert Torricelli. Menendez finally lifted his hold after the Islamic State of Iraq and the Levant (ISIL) launched their first major offensive into al-Anbar province from bases along the Syrian-Iraqi border, taking Fallujah and most of Ramadi.
  • According to the article,Menendez accepted more than $25,000 from donors with ties to the MEK, making him the largest recipient from 2012, when the MeK was delisted that September, to the present. That’s not much compared to the well over $300,000 Menendez received from pro-Israel groups during the 2012 election cycle, but it was more than twice what was provided to the next biggest recipients, Sen. John McCain (R-AZ) and Rep. Dana Rohrabacher (R-CA). In any event, the article casts light on the seamier side of the politics around Iran, and it’s a good read besides.
  • Paul Merrell on 27 Feb 15
     
    MEK has a long history of serving as the "source" of forged documents Mossad wishes to place into circulation that purport to paint Iran as untrustworthy, e.g., the documents that say Iran used to have a nuclear weapons program. 
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Most Agencies Falling Short on Mandate for Online Records - 0 views

www2.gwu.edu/...NSAEBB505 eFOIA FOIA audit National-Security-Archives agency-compliance
shared by Paul Merrell on 14 Mar 15 - No Cached
  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
  • ...9 more annotations...
  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
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Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

www2.gwu.edu/...20150318 Hillary Auction 2016 email-scandal State-Dept. gov't.-CIOs
shared by Paul Merrell on 19 Mar 15 - No Cached
  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
  • Paul Merrell on 19 Mar 15
     
    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
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ALBA and Non-Aligned Movement Reject US Aggressions Against Venezuela, Call for Dialogu... - 0 views

venezuelanalysis.com/11279 war & peace U.S.-foreign-policy Venezuela coup-attempts condemnation ALBA NAM UNASUR
shared by Paul Merrell on 20 Mar 15 - No Cached
  • Two multilateral bodies, the Bolivarian Alliance of the Peoples of Our America (ALBA) and the Non-Aligned Movement (NAM), joined the international chorus condemning President Obama's executive order targeting Venezuela this week. The executive decree, which declares Venezuela an "unusual and extraordinary threat" and imposes further sanctions against top Bolivarian officials, was also firmly rejected on Saturday by the twelve South American nations that make-up UNASUR.
  • In an emergency summit held in Caracas on Tuesday, heads of state of the 11 nations that make up ALBA expressed their solidarity and "unconditional support" for Venezuela and called on the U.S. to "immediately cease its harassment and aggression against the government and people of Venezuela." The statement issued by the regional body went on underscore the need for dialogue based on mutual respect for sovereignty and self-determination, as outlined in international law. To this end, the regional leaders proposed the creation of a group of facilitators drawn from hemispheric institutions such as the CELAC, UNASUR, and ALBA, who would be tasked with mediating talks between Venezuela and the US "in order to alleviate tensions and guarantee a friendly solution." During his intervention at the summit, Nicaraguan president Daniel Ortega noted that the Obama administration's latest aggressive move towards Venezuela has cemented the unity of Latin American nations in an unprecedented way.
  • "I would say that we are getting close to practically 80% of the members of the Community of Latin American and Caribbean States [...] 27 nations who have clearly declared themselves against this [executive] decree, and we are demanding that it be repealed." Raul Castro also expressed Cuba's resolute support for Venezuela.
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  • The 120 nations that form the Non-Aligned Movement (NAM) also pronounced their "categorical rejection"of President Obama's executive order. In a communique released on Monday, the countries of the historic bloc "reiterated their firm support for the sovereignty, territortial integrity, and political independence of the Bolivarian Republic of Venezuela." Citing the UN Charter's committment to peaceful cooperation, the NAM called for dialogue between the US and Venezuela and urged the former to "cease its illegal coercive measures." The NAM was founded in 1961 as an alternative for the countries of the global south to the U.S. and Soviet power blocs, and comprises two-thirds of UN member states and 55% of the world's population.
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UN officials accused of bowing to Israeli pressure over children's rights list | World ... - 0 views

www.theguardian.com/...pressure-childrens-rights-list war & peace U.N. Israel IDF child-rights
shared by Paul Merrell on 20 Mar 15 - No Cached
  • Senior UN officials in Jerusalem have been accused of caving in to Israeli pressure to abandon moves to include the state’s armed forces on a UN list of serious violators of children’s rights. UN officials backed away from recommending that the Israel Defence Forces (IDF) be included on the list following telephone calls from senior Israeli officials. The Israelis allegedly warned of serious consequences if a meeting of UN agencies and NGOs based in Jerusalem to ratify the recommendation went ahead. Within hours, the meeting was cancelled. “Top officials have buckled under political pressure,” said a UN source. “As a result, a clear message has been given that Israel will not be listed.”
  • Organisations pressing for the IDF’s inclusion on the list since the war in Gaza last summer – which left more than 500 children dead and more than 3,300 injured – include Save the Children and War Child as well as at least a dozen Palestinian human rights organisations, the Israeli rights organisation B’Tselem and UN bodies such as the children’s agency Unicef. “These organisations are in uproar over what has happened,” said the UN source
  • The IDF’s inclusion on the UN’s list of grave violators of children’s rights would place it alongside non-state armed forces such as Islamic State, Boko Haram and the Taliban. There are no other state armies on the list. It would propel Israel further towards pariah status within international bodies and could lead to UN sanctions.
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  • Although Jerusalem-based officials cancelled the meeting – and subsequently decided not to recommend the IDF’s inclusion on the list – the UN complained to Israel over the intimidation of its staff. Susana Malcorra – a high-ranking official in the New York office of the UN secretary general, Ban Ki-moon – raised the issue in a private letter to Israel’s ambassador to the UN, Ron Prosor. The UN in New York said it could not comment on leaked documents. The telephone calls were made to June Kunugi, Unicef’s special representative to Palestine and Israel, on 12 February, the night before a meeting to decide whether to recommend the IDF’s inclusion on the list. One call was from a senior figure in Cogat, the Israeli government body that coordinates between the IDF, the Palestinian Authority and the international community; the other was made by an official in Israel’s foreign ministry.
  • ccording to UN and NGO sources, Kunugi was advised to cancel the meeting or face serious consequences. However, Israeli sources described the telephone conversations as friendly and courteous attempts to persuade Kunugi to delay the working group’s decision on its recommendation regarding the IDF until Israel had been allowed to present its case on the issue. At 8.54am the next morning, an email was sent on behalf of James Rawley, a senior official with UNSCO (the office of the UN special coordinator for the Middle East peace process) who had called the meeting, to participants. It said: “Please be informed that today’s meeting scheduled at 13:00hrs has been postponed. Sincere apologies for the inconvenience this may have caused.” A joint statement to the Guardian from Kunugi and Rawley said the “strictly confidential process” of determining inclusion on the list was still ongoing and was the “prerogative of the UN secretary general, and it rests with him alone”. The UN in Jerusalem was unable to comment on the process, it added, but the submission from Jerusalem to New York was “based on verified facts, not influenced by any member state or other entity”.
  • Unicef has called a fresh meeting to update UN and NGO officials in Jerusalem on Thursday. The decision on which state and non-state armed forces are to be included on the list will be taken by UN chiefs in New York next month. However, according to the UN source, “a political decision has already been taken not to include Israel”.
  • A separate source told the Guardian: “The UN caved to Israel’s political pressure and took a highly contentious step to shelter Israel from accountability.” The list of violators of children’s rights is contained in the annex of the annual report of the secretary general on children and armed conflict. A “monitoring and reporting mechanism”, established by a UN security council resolution, supplies information on grave violations of children’s rights, such as killing and maiming, recruitment of minors into armed forces, attacks on schools, rape, abduction, and denial of humanitarian access to children. The secretary general is required to list armed forces or armed groups responsible for such actions. Following last summer’s seven-week war in Gaza, a number of UN agencies and NGOs met to consider whether to recommend the IDF’s inclusion on the list. According to insiders, participants “agreed there is a strong and credible case to recommend listing”.
  • A 13-page internal Unicef paper seen by the Guardian examined the case for the IDF to be listed on the basis of its actions in last summer’s war in Gaza, including the killing and injuring of children, and “targeted and indiscriminate” attacks on schools and hospitals. Several of the working group’s participants wrote to the UN secretary general to urge the inclusion of the IDF on the list. A letter sent in December by Defence for Children International (Palestine) said: “There is ample evidence to demonstrate that Israel’s armed forces have committed acts that amount to the grave violations against children during armed conflict, as defined by UN security council resolutions, including killing or maiming children and attacks against schools and hospitals.” The Israeli ministry of foreign affairs and Cogat declined to answer specific questions about the phone calls to Kunugi, but said in a joint statement: “Israel has a good working relationship with Unicef and the United Nations in general. Israel has no desire to get into a slanging match with anti-Israel elements nor to submit to their intimidations.”
  • Paul Merrell on 20 Mar 15
     
    More information, including that Palestine Civil Society has requested that U.N. Secretary General Ban Ki Moon to discharge two U.N. officials involved becuase of this issue and because of signifificant delays that work to Israel's advantage in reconstruction of Gaza following Israel's assault last summer. http://electronicintifada.net/blogs/ali-abunimah/un-providing-israel-cover-killing-gazas-children
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Assange files case to dismiss Swedish warrant - Justice for Assange - 0 views

justice4assange.com/ling-to-remove-warrant-24.html surveillance state war & peace Assange litigation Sweden
shared by Paul Merrell on 29 Jun 14 - No Cached
  • On Tuesday 24th of June at 1pm CET, Julian Assange’s lawyers filed a request to Stockholm District Court to dismiss his detention without charge, which has kept him in different forms of deprivation of liberty since 7 December 2010 (3.5 years). The legal actions will lead to the first custody hearing since his arrest. The Julian Assange case is Sweden’s longest running pre-trial, pre-charge deprivation of liberty (the matter is formally at the ’preliminary investigation’ stage). Julian Assange is in a legal no-man’s-land: he has not been indicted so he cannot formally defend himself. The Swedish government refuses to guarantee he will not be extradited to the United States. The Swedish prosecutor, unlike in other cases, refuses to question him in London or via video link, instead demanding that Mr. Assange give up his right to political asylum and speak to her in Sweden. The UK has encricled Mr. Assange at a cost to date of over GBP 6.6 million/USD 11 million/SEK 75.000.000 (see: http://govwaste.co.uk). Assange obtained political asylum in relation to the United States criminal investigation against WikiLeaks in 2012. The United Kingdom and Sweden have both refused to give a guarantee that Julian Assange will not be extradited to the United States for his WikiLeaks activities. Earlier this week, 59 international organizations submitted complaints about the investigation against Julian Assange to the United Nations Human Rights Commission.
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Emergency surveillance law to be brought in with cross-party support | World news | the... - 0 views

www.theguardian.com/...ed-through-cross-party-support surveillance state UK GCHQ phone email metadata
shared by Paul Merrell on 10 Jul 14 - No Cached
  • Controversial emergency laws will be introduced into the Commons next Monday to reinforce the powers of security services to require internet and phone companies to keep records of their customers' emails and calls.The move follows private talks over the past week and the laws will have the support of Labour and the Liberal Democrats on the basis that there will be a sunset clause and a new board to oversee the functioning of the powers.Details are due to be announced at a Downing Street press conference on Thursday morning.
  • he laws will expire in 2016, requiring fresh legislation after the election. The Regulation of Investigatory Powers Act will be reviewed between now and 2016 to make recommendations for how it could be reformed and updated. Lib Dems insist the new legislation does not represent an extension of existing surveillance powers or the introduction of the snooper's charter sought by the Home Office and long opposed by the deputy prime minister, Nick Clegg.There will be no power to look at the content of phone calls, only location, date and the phone numbers. Government sources say they have been forced to act due to European court of justice ruling in April saying the current laws invaded individual privacy. The government says if there had been no new powers there would have been no obligation on phone and internet companies to keep records if there was a UK court challenge to the retention of data.
  • No 10 said the ECJ rulings had struck down regulations to retain communications data for law enforcement purposes for up to 12 months. Unless they have a business reason to hold this data, internet and phone companies will start deleting it, which has serious consequences for investigations, which can take many months and which rely on retrospectively accessing data for evidential purposes.Ministers added that some companies had already been calling for a clearer legal frameworkLabour backbencher Tom Watson described the move as a "stitch-up". He said: "There has been a deal and it had been railroaded through so my advice to MPs is there is no point turning up for work next week because there has been a political deal." He said he had not seen the detail of the legislation and promised to vote against the timetable.He added: "The government was aware of this ECJ ruling six weeks ago and what they are doing is railroading this through. No one in civil society has got a chance to be consulted." The shadow cabinet had not seen the proposals until this morning, he added.
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Senate Bill Requires Report on "All" NSA Bulk Collection | Federation Of American Scien... - 0 views

fas.org/...all-nsa-bulk-collection surveillance-state NSA-reform legislation
shared by Paul Merrell on 19 Jul 14 - No Cached
  • The National Security Agency would be required to prepare an unclassified report on “all NSA bulk collection activities,” the Senate Appropriations Committee directed in its report on the Fiscal Year 2015 Department of Defense Appropriations bill, published yesterday. The Committee told the NSA to prepare a report “describing all NSA bulk collection activities, including when such activities began, the cost of such activities, what types of records have been collected in the past, what types of records are currently being collected, and any plans for future bulk collection.” Such a report would be expected to clarify whether NSA bulk collection extends beyond the acknowledged telephone metadata program in Section 215 of the USA Patriot Act. The required report is to be “unclassified to the greatest extent possible,” the Senate Committee said. In the reporting requirements that it imposed on NSA, the Senate Appropriations Committee notably went beyond what was required by the Senate or House Intelligence Committees. The Appropriations Committee also directed NSA to submit additional reports on the total number of records acquired and reviewed by NSA in its bulk telephone metadata program over the past five years, and an estimate of the number of records of U.S. persons that have been acquired and reviewed in the telephone metadata program. Another unclassified report is required to provide “a list of terrorist activities that were disrupted, in whole or in part, with the aid of information obtained through NSA’s telephone metadata program.”
  • Update: Identical reporting language was included by the Senate Appropriations Committee last year in its report on the FY2014 Defense Appropriations bill (h/t @byersalex), yet the required NSA reports were not produced. At Emptywheel, Marcy Wheeler questions the utility of the proposed reports, particularly since the Senate Committee language lacks a clear, unambiguous definition of “bulk collection.”
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Vodafone-Linked Company Aided British Mass Surveillance - The Intercept - 0 views

firstlook.org/...fone-surveillance-gchq-snowden surveillance state GCHQ telecoms undersea-cables
shared by Paul Merrell on 25 Nov 14 - No Cached
  • They flow deep underneath the Atlantic Ocean and into the United Kingdom below the golden sands of idyllic beaches. But the internet cables that come ashore at the coast of Cornwall, England, are not just used to connect the country with the rest of the world. According to new reports based on documents from National Security Agency whistleblower Edward Snowden, the cables have become an integral part of the global mass surveillance system operated by the British spy agency Government Communications Headquarters, intimately assisted by a company now owned by Vodafone, the world’s third largest cellphone network provider.
  • The latest details about the extent of the spying were revealed on Thursday by the British Channel 4 News, the German newspaper Süddeutsche Zeitung, and the German broadcaster WDR, who worked in partnership with Intercept founding editor Laura Poitras. The Intercept obtained a preview of the revelations in advance of their publication. According to the reports, British telecommunications firms have helped GCHQ dramatically scale-up the volume of internet data it collects from undersea cables. In the five years leading up to 2012, there was a 7,000-fold increase in the amount of data the agency was sweeping up, with its computers monitoring some 46 billion private communications “events” every day, according to documents cited in the reports. The data swept up from the cables would include content from emails, online messages, browsing sessions, and calls made using internet chat tools.
  • British telecommunications company Cable & Wireless played a leading role in the secret cable tapping operation, according to the reports, and the collaboration appears to have gone further than simply complying with the law in helping implement the surveillance. The company provided GCHQ with updates on opportunities it could give the agency to tap into internet traffic, and in February 2009 a GCHQ employee was assigned to work within Cable & Wireless in a “full-time project management” role. The British government paid Cable & Wireless more than £5 million ($9 million) of taxpayers’ money as part of an annual lease for GCHQ to access the cables. The agency described the company a “partner” and designated it the codename Gerontic.
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  • According to the reports, Cable & Wireless also appears to have helped GCHQ obtain data from a rival foreign communications company, India’s Reliance Communications, enabling the spies to sweep up communications sent by millions of internet users worldwide through a Reliance-owned cable that stretches from England across Asia and the Middle East. This so-called “access point” for GCHQ was named Nigella and located near an agency surveillance base in Bude, Cornwall (pictured above). Reliance did not respond to a request for comment. In July 2012, the multinational phone company Vodafone bought Cable & Wireless for about $1.5 billion. The documents indicate that the Nigella surveillance access point remained active as of April 2013. Vodafone said in a statement that it complies with the law and does not give “direct access” to its cables. The company says it is compelled to provide certain access to data based on warrants issued by the government.
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California Tells Court It Can't Release Inmates Early Because It Would Lose Cheap Priso... - 0 views

thinkprogress.org/...-be-keeping-people-behind-bars
shared by Paul Merrell on 20 Nov 14 - No Cached
  • Out of California’s years-long litigation over reducing the population of prisons deemed unconstitutionally overcrowded by the U.S. Supreme Court in 2010, another obstacle to addressing the U.S. epidemic of mass incarceration has emerged: The utility of cheap prison labor. In recent filings, lawyers for the state have resisted court orders that they expand parole programs, reasoning not that releasing inmates early is logistically impossible or would threaten public safety, but instead that prisons won’t have enough minimum security inmates left to perform inmate jobs. The dispute culminated Friday, when a three-judge federal panel ordered California to expand an early parole program. California now has no choice but to broaden a program known as 2-for-1 credits that gives inmates who meet certain milestones the opportunity to have their sentences reduced. But California’s objections raise troubling questions about whether prison labor creates perverse incentives to keep inmates in prison even when they don’t need to be there.
  • The debate centers around an expansive state program to have inmates fight wildfires. California is one of several states that employs prison labor to fight wildfires. And it has the largest such program, as the state’s wildfire problem rapidly expands arguably because of climate change. By employing prison inmates who are paid less than $2 per day, the state saves some $1 billion, according to a recent BuzzFeed feature of the practice. California relies upon that labor source, and only certain classes of nonviolent inmates charged with lower level offenses are eligible for the selective program. They must then meet physical and other criteria. In exchange, they get the opportunity for early release, by earning twice as many credits toward early release as inmates in other programs would otherwise earn, known as 2-for-1 credits. In February, the federal court overseeing California’s prison litigation ordered the state to expand this 2-for-1 program to some other rehabilitation programs so that other inmates who exhibit good behavior and perform certain work successfully would also be eligible for even earlier release.
  • As has been California’s practice in this litigation, California didn’t initially take the order that seriously. It continued to work toward reducing its prison population. In fact, the ballot initiative passed by voters in November to reclassify several nonviolent felonies as misdemeanors will go a long way toward achieving that goal. But it insisted that it didn’t have to do it the way the court wanted it to, because doing so could deplete the state’s source of inmate firefighters. The incentives of this wildfire and other labor programs are seemingly in conflict with the goal of reducing U.S. reliance on mass incarceration. But the federal judges overseeing this litigation were nonetheless sensitive to the state’s need for inmate firefighters. That’s why they ordered the state to offer 2-for-1 credits only to those many inmates who weren’t eligible for the wildfire program. This way, inmates who were eligible would still be incentivized to choose fighting wildfires, while those that weren’t could choose other rehabilitative work programs to reduce their sentence.
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  • The Department of Corrections didn’t like this idea, either. It argued that offering 2-for-1 credits to any inmates who perform other prison labor would mean more minimum security inmates would be released earlier, and they wouldn’t have as large of a labor pool. They would still need to fill those jobs by drawing candidates who could otherwise work fighting wildfires, and would be “forced to draw down its fire camp population to fill these vital MSF [Minimum Support Facility] positions.” In other words, they didn’t want to have to hire full-time employees to perform any of the work that inmates are now performing. The plaintiffs had this to say in response: “Defendants baldly assert that if the labor pool for their garage, garbage, and city park crews is reduced, then ‘CDCR would be forced to draw-down its fire camp population to fill these vital MSF positions.’ That is a red herring; Defendants would not be ‘forced’ to do anything. They could hire public employees to perform tasks like garbage collection, garage work and recycling … ”
  • California Attorney General Kamala Harris told BuzzFeed News she was “shocked” to learn that the lawyers in her department had argued against parole credits because they wanted to retain their labor force. “I will be very candid with you, because I saw that article this morning, and I was shocked, and I’m looking into it to see if the way it was characterized in the paper is actually how it occurred in court,” Harris said in an interview with BuzzFeed published late Tuesday. “I was very troubled by what I read. I just need to find out what did we actually say in court.” Harris was referring to the Los Angeles Times’ report on the three-judge panel’s ruling, which included a line referencing that argument. While ThinkProgress does not know what lawyers for the state said in court, the written motions submitted in the litigation make very clear that the state did indeed argue against expanding the early release program on the basis that it would deplete the labor force.
  • Paul Merrell on 20 Nov 14
     
    In the land of the free and the home of the brave ...j California has been in deep judicial doo-doo because of massive prison overcrowding and years of ignoring federal court orders to drastically reduce its prison population, leading to a Supreme Court decision that basically said, "no more stalling." 
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US Military Casualty Statistics, and More from CRS - 0 views

www.fas.org/...casualty-statistics war & peace U.S.-foreign-policy casualty stats
shared by Paul Merrell on 01 Dec 14 - No Cached
  • Noteworthy new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following. A Guide to U.S. Military Casualty Statistics: Operation Inherent Resolve, Operation New Dawn, Operation Iraqi Freedom, and Operation Enduring Freedom, November 20, 2014 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions, November 21, 2014
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IGs form front line of war on waste and fraud, but weak links remain | WashingtonExamin... - 0 views

www.washingtonexaminer.com/...2556319 Auction 2016 Hillary State-Dept. cover-up
shared by Paul Merrell on 03 Dec 14 - No Cached
  • The ambassador to Belgium, a big campaign bundler for President Obama, was accused of soliciting sex in a park near the U.S. Embassy in Brussels. Members of then-Secretary of State Hillary Clinton’s security detail were accused of hiring prostitutes, and a State Department security official in Beirut “engaged in sexual assaults” on foreign nationals, according to the complaints. The Diplomatic Security Service, a law enforcement branch of the State Department, tried to investigate the underlying charges but was blocked by top agency managers including Kennedy and Cheryl Mills, chief of staff to Hillary Clinton, according to whistleblower allegations that surfaced later.
  • DSS agents reported the interference to the inspector general’s office, which confirmed the pressure from the top. A draft IG report written in November 2012 described the underlying cases of misconduct and the strong-arm tactics used by top managers to block the DSS investigations. But that draft report was not made public. Instead, it was shown to top State Department officials who wanted it scrubbed of damaging information. “This is going to kill us,” one top agency official reportedly said upon seeing the draft report, according to CBS News. When the final IG report was issued in February 2013, it made no mention of the individual cases or of management pressure to kill the DSS probes. Instead, the IG report blandly stated that DSS “lacks a firewall” to prevent management interference with DSS investigations.
  • The more candid draft report was leaked by an investigator inside the IG’s office to the House Oversight and Government Reform Committee and to CBS News. Rep. Ed Royce, the California Republican who is chairman of the House Foreign Affairs Committee, demanded copies of the draft report and details about the specific cases of misconduct. The IG’s office refused to provide the information. “There is every indication that critical information was missing from the IG report submitted to Congress,” Royce told the Washington Examiner in a recent interview. “And whether it was State’s pressure to remove it or Geisel’s unwillingness to include it, the result is the same. We are not, as required by law, kept fully and currently informed. The bottom line is when federal agencies lack a Senate-confirmed, independent inspector general, the potential for malfeasance really abounds,” he said.
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  • Under pressure from Congress, and in the wake of revelations that agency management influenced the IG’s final report, Obama appointed Linick as the State Department’s permanent IG in June 2013, less than a month after CBS broke the news about the IG cover-up. Congress confirmed him three months later. Linick launched a new investigation, and in October 2014 the IG confirmed that at least three DSS investigations were blocked by top State Department officials, including the probe involving the ambassador. While the new IG’s report was critical of management’s efforts to block the DSS investigations, it was silent on whether its own office bowed to the pressure.
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US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit ... - 0 views

scholar.google.com/scholar_case surveillance-state 4th Amendment bulk-collection future-investigations
shared by Paul Merrell on 05 Dec 14 - No Cached
  • Concluding Thoughts
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
  • ...3 more annotations...
  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
  • Paul Merrell on 05 Dec 14
     
    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
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