“Guantánamo North” – NDAA Indefinite Detention Coming Soon to a Town Near You?
By Chris Anders | ACLU | June 6, 2014
Top senators thought you wouldn’t notice. Behind closed doors, they wrote up new indefinite detention and Guantánamo provisions in the annual defense policy bill, and then waited 11 days to quietly file the bill.
But we now have the bill, and everyone can read it. And everyone should understand what is in this new National Defense Authorization Act (NDAA) before the full Senate makes a big mistake and paves the way for Guantánamo-style indefinite detention being brought to the United States itself.
The new Senate NDAA:
Brings Indefinite Detention to the U.S. Itself: The bill now says that detainees may be brought to the United States for “detention pursuant to the Authorization for Use of Military Force” (AUMF). In plain English, that means the policy of indefinite detention by the military, without charge or trial, could be carried out here at home. Right now, the number of people in the U.S. in military indefinite detention is zero. If the bill is enacted, that number could immediately jump to 100 or more.
Bolsters Claims of NDAA and AUMF Indefinite Detention Authority: The AUMF is the basis for the indefinite detention authority included in the NDAA that Congress passed nearly three years ago. Indefinite detention is wrong today and certainly cannot be sustained past the end of U.S. combat in the Afghan war. But passing a new Senate NDAA that relies on detention authority based on the AUMF, just as the U.S. combat role in the war is winding down, could be used by the government to bolster its claim that indefinite detention can just keep on going. Even when any actual U.S. combat is over.
Requires Report on Even More NDAA and AUMF Indefinite Detention Authority: As if the government didn’t already have enough claims of indefinite detention authority, the Senate NDAA asks the administration to let Congress know what more indefinite detention authority it wants.
Tries to Strip Federal Courts of Ability to Decide Challenges to Harmful Conditions: In a stunning provision, the Senate NDAA tries to strip federal courts of their ability to “hear or consider” any challenge related to harmful treatment or conditions by detainees brought to the United States. This provision tries to gut our system of checks and balances by cutting out the courts.
Violates Supreme Court Decision by Stripping Habeas Rights from Detainees Left at Guantánamo: In a classic example of why it is never a good idea for a committee to legislate behind closed doors, the Senate NDAA includes language inadvertently stripping habeas rights from any Guantánamo detainee who is not moved to the United States. Habeas is the very fundamental protection of being able to have a judge decide whether it is legal or illegal to hold someone in prison. While this is almost certainly the product of sloppy drafting, the result squarely contradicts the Supreme Court’s decision in Boumediene v. Bush, in which the Court said Guantanamo detainees have a constitutional right to habeas.
Blocks Most Cleared Detainees from Going Home: The Senate NDAA would block the transfer home of the vast majority of cleared detainees by imposing a blanket ban on transfers to Yemen, instead of continuing to allow the secretary of defense to make decisions on an individual basis. That would mean dozens of detainees cleared for transfer would remain trapped in limbo.
There is a right way and a wrong way to close Guantánamo. Charging and trying in court anyone who committed a crime – and sending anyone who isn’t charged with a crime back home or to another country – is the right way to close Guantánamo. Simply moving all of the bad Guantánamo policies to the U.S. itself is the wrong way.
The Senate NDAA gets it very wrong. We urge all senators to say “NO” to these provisions.
LAPD considers deploying unmanned drones for ‘tactical events’
RT | June 6, 2014
Defending the decision to pursue unmanned drones to assist in police work, the LAPD – who say they will cooperate with privacy groups on the matter – said the devices are being purchased by citizens, so why not allow law enforcement to use it as well?
At a news conference Thursday at LAPD headquarters, Chief Charlie Beck revealed the unmanned drones could assist police forces in “standoffs, perimeters, suspects hiding…and other tactical events.”
“We’re interested in those applications,” he said.
Beck responded to criticism of the plans by human rights and privacy groups by explaining that the technology is already “in the hands of private citizens” and corporations, so why shouldn’t law enforcement experiment with the devices as well?
“When retailers start talking about using them to deliver packages, we would be silly not to at least have a discussion of whether we want to use them in law enforcement,” the police chief said.
In December, Amazon and UPS announced ambitious plans to start testing UAVs for making home deliveries.
Late last month, the LAPD received two Draganflyer X6 unmanned drones as a ‘gift’ from the Seattle Police Department, in what seems to have been an effort by the latter to avoid public uproar.
Seattle authorities purchased the UAVs for $82,000 in 2010, funded by grants from the Department of Homeland Security. However, neither the city council nor the public was aware of the police drone program until a 2012 lawsuit by the Electronic Frontier Foundation over the department’s application for operation certificates from the Federal Aviation Administration.
The resulting public outcry over the drones forced the mayor to terminate the program in February 2013.
“These vehicles were purchased by the Seattle Police Department using federal grants. There was no cost to the city of Los Angeles,” police said.
Each remote-controlled vehicle is 3 feet (90cm) wide, has three rotors and can carry a video camera.
In order to calm public suspicion that the drones will infringe upon privacy rights, Beck said the LAPD would work closely with the American Civil Liberties Union during the “vetting process” of the UAVs.
“I will not sacrifice public support for a piece of police equipment,” Beck said, as quoted by the Los Angeles Times. “We’re going to thoroughly vet the public’s opinion on the use of the aerial surveillance platforms.”
The LAPD added it would seek approval from the Police Commission before unleashing the drones above Los Angeles.
Hector Villagra, executive director of the ACLU of Southern California, issued a statement: “The Los Angeles Police Department asked the ACLU of Southern California to meet and articulate our concerns about the privacy issues raised by the use of drones. We agreed to do so… However, at this point the ACLU SoCal has no plans to participate in any process to craft policies for LAPD’s use of drones, nor have we been formally invited to lead a team of advocates to help craft such policies.”
“As the ACLU has previously said, we question whether any marginal benefits of drones programs justify the serious threat to privacy they pose.”
Intelligence agencies have direct access to telecoms infrastructure, Vodafone reveals
RT | June 6, 2014
Government intelligence agencies have direct access to telecommunication companies’ infrastructure which allows them to spy and record phone calls leaving no paper trail, the UK’s largest mobile phone company Vodafone has revealed.
The British operator said wires have been attached to its phone networks in some of the 29 countries in which it operates in Europe, as well as around the world, the Guardian reported. Governments similarly connect to other telecom groups, reportedly allowing them to listen to or record live conversations. In some cases, the surveillance agencies can also track the whereabouts of a customer.
“For governments to access phone calls at the flick of a switch is unprecedented and terrifying,” Liberty director Shami Chakrabarti told the Guardian. “Snowden revealed the internet was already treated as fair game. Bluster that all is well is wearing pretty thin – our analogue laws need a digital overhaul.”
But now Vodafone is pushing back against government surveillance through direct access to the pipes. On Friday, it will publish its first Law Enforcement Disclosure Report about how governments spy on people through the company’s infrastructure.
“These pipes exist, the direct access model exists,” the telecom giant’s group privacy officer, Stephen Deadman told the Guardian. “We are making a call to end direct access as a means of government agencies obtaining people’s communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used.”
“We need to debate how we are balancing the needs of law enforcement with the fundamental rights and freedoms of the citizens,” Deadman said.
The problem with many of the laws on the books that governments use to receive the warrants is “most of the legislation on privacy and surveillance predates the internet and needs to be updated,” the Guardian wrote, citing the report’s introduction.
Agencies do not have to identify the targeted customers to the telecom companies in any way, and the direct-access systems do not require warrants.
“These are the nightmare scenarios that we were imagining,” Gus Hosein, executive director of Privacy International, which has brought legal action against the British government over mass surveillance, told the Guardian.
“I never thought the telcos [telecommunications companies] would be so complicit,” he said. “It’s a brave step by Vodafone and hopefully the other telcos will become more brave with disclosure, but what we need is for them to be braver about fighting back against the illegal requests and the laws themselves.”
In its report, the company asks for the direct-access pipes to be disconnected, for countries to outlaw the practice and for governments to “discourage agencies and authorities from seeking direct access to an operator’s communications infrastructure without a lawful mandate.”
Vodafone began working on the report last autumn, in the wake of the first Snowden leaks about government spying. It insists that its comprehensive survey of government warrant applications is not because of consumer backlash, the Guardian reported, though analysts contend that losing customers’ trust could cost the company tens of millions of pounds.
But Vodafone isn’t opening up about everything. One of the first of the Snowden revelations last June was about Project Tempora, which allows the Government Communications Headquarters (GCHQ) spy agency to intercept and store for 30 days huge volumes of data, like emails, social network posts, phone calls and much more, culled from international fiber-optic cables. On the one-year anniversary of the first Snowden leak the location of secret GCHQ bases in Oman tapping into underwater cables was revealed. The Vodafone report makes no mention of revelations about its participation in secret GCHQ operations.
Israel Begins Arrest Campaign Against Popular Resistance Activists
By Chris Carlson | International Middle East Media Center | June 5, 2014
Yesterday, at 4:30 am, Popular Resistance activist Mahmoud Zwahre was again arrested by the Israeli army, at his house in Al Ma’asara, just southwest of Bethlehem.
An attempt to arrest Zwahre was made previously during the weekly Friday protest in the village. This week, on Wednesday, a large group of Israeli soldiers raided Zwahre’s home, just before dawn.
Mahmoud Zwahre, according to the Palestinian News Network (PNN), is an activist and coordinator for the Popular Committee Against the Wall and the Settlements in Al Ma’asara. Soldiers surrounded the Zwahre residence and declared it a closed military zone, as they proceeded to tear through the contents of the house, terrorizing the children and abusing Mahmoud in front of his family.
He was arrested, blindfolded, and taken to an unknown destination — essentially, and by all rights, amounting to a kidnapping.
(Al Ma’asara is a small Palestinian village located in Area B of the central occupied West Bank. Though Area B is officially recognized to be under joint Israeli-Palestinian security control, the 1967 Israeli occupation of the West Bank, Gaza Strip and East Jerusalem has yet to be granted legitimacy by the international community.)
Munther Amira, director of the board of the Popular Struggle Coordination Committee Against the Wall and the Settlements (PSCC) in the Palestinian territories, explained in an interview with the PNN that the Israeli occupation increasingly targets activists of Popular Resistance and their activities:
The activities of Popular Resistance are peaceful and designed to highlight the suffering of the Palestinian people through the Israeli occupation practices of racism and violation of international law. Nevertheless, the PSCC has documented the rough and violent reactions by Israeli soldiers against the protests and marches organized by the Popular Struggle Committees in the various provinces of the country.
The committee denounces the arrest of its coordinator Mahmoud Zwahre, and calls for his release.
Secret Trials: UK Holds A Secret Terror Trial, As US Appeals Court Holds Secret Hearing In Terror Case
By Mike Masnick | Techdirt | June 5, 2014
To have a functioning judiciary in an open democracy, part of the point is to make sure that court proceedings are open to the public. Yes, there may be certain instances where certain aspects must be kept secret, but the default should be open and public. Unfortunately, in both the US and UK this week, it appears that when it comes to the bogeyman word “terrorism,” courts are willing to go dark. The more serious situation is over in the UK, where it has just come out that a secret terrorism trial is being held — the first one in centuries. Even the names of the two defendants are not known (they’re listed as merely AB and CD). Journalists had even been barred from mentioning the existence of the trial, until a gag order was just overturned. Note that the Guardian’s page linked above had to turn off comments for legal reasons. Journalist Tim Cook has also spoken out eloquently about why this cannot stand.
I cannot say how broken-hearted I am about the prospect of a major criminal trial involving two men charged with serious terrorism offences being held entirely in secret for the first time in modern British legal history. I have spent my entire journalistic life campaigning against courtroom secrecy and this represents a nadir and indication of abject failure.
But the proposal is being contested by the process of law; albeit very limited and garrotted by the lack of a constitutional paradigm for freedom of the media and expression. We have been paying the price for not having a First Amendment for many years. Now we are entering the endgame of something beyond the dissolution of open justice.
Meanwhile, back here in the good, old United States, where we do have a First Amendment, at least we know that Adel Daoud is on trial. But the 7th Circuit Court of appeals kicked everyone out of the courtroom to hold a “secret hearing” with just the DOJ. As we wrote a few months ago, Daoud’s lawyers are asking to actually see the FISA court orders that were used to gather evidence against their client — and the DOJ is flipping out about that. While some of the hearings were held openly, at one point, Judge Richard Posner abruptly kicked everyone but the DOJ out, including Daoud’s lawyers.
As the arguments concluded, Judge Richard Posner announced the public portion of the proceedings had concluded and ordered the stately courtroom cleared so the three-judge panel could hold a “secret hearing.” Daoud’s attorney, Thomas Anthony Durkin, rose to object, but Posner did not acknowledge him. Deputy U.S. marshals then ordered everyone out – including Durkin, his co-counsel and reporters.
Only those with the proper security clearance — including U.S. Attorney Zachary Fardon, his first assistant, Gary Shapiro, and about a dozen FBI and U.S. Department of Justice officials – were allowed back in the courtroom before it was locked for the secret session.
Some reporters tried to ask what was going on, but Posner simply told them “No!” and kicked them out. Daoud’s lawyer was similarly perplexed:
“Not only do I not get to be there, but I didn’t even get to object,” Durkin said. “I had to object over the fact that I couldn’t even make an objection.”
As the article notes, this is highly unusual. While in national security cases, certain information may be filed under seal, or certain portions may be held “in camera” without reporters or the public, it’s not at all common to have just one side present. And while you may say that it makes sense in this case, where the three judge panel has to determine whether or not it’s appropriate to share the FISC orders with Daoud’s lawyers, it’s still somewhat troubling to see the ease with which secret court proceedings may occur.
FBI provided Anonymous with targets, new leaks show
RT | June 5, 2014
Leaked documents pertaining to the case against an American computer hacker currently serving a 10-year prison sentence have exposed discrepancies concerning the government’s prosecution and raise further questions about the role of a federal informant.
The documents — evidence currently under seal by order of a United States District Court judge and not made public until now — shines light on several aspects of the case against Jeremy Hammond, a 29-year-old hacktivist from Chicago, Illinois who was arrested in March 2012 with the help of an online acquaintance-turned-government informant. Last May, Hammond entered a plea deal in which he acknowledged his role in a number of cyberattacks waged by the hacktivist group Anonymous and various offshoots; had his case gone to trial, Hammond would have faced a maximum of life behind bars if found guilty by jury.
Articles published in tandem by The Daily Dot and Motherboard on Thursday this week pull back the curtain on the government’s investigation into Hammond and reveal the role that Hector Monsegur, a hacker who agreed to cooperate with authorities in exchange for leniency with regards to his own criminal matters, played in directing others towards vulnerable targets and orchestrating cyberattacks against the websites of foreign governments, all while under the constant watch of the US government.
Two-and-a-half years before Hammond pleaded guilty, Monsegur did the same upon being nailed with hacking charges himself. In lieu of risking a hefty sentence, however, Monsegur immediately agreed to aid the authorities and serve as an informant for the Federal Bureau of Investigation, eventually helping law enforcement nab Hammond and others. Last week, Monsegur was finally sentenced for the crimes he pleaded guilty to back in 2012 and was spared further jail time by the same judge who in November sent Hammond away for a decade.
Hector Xavier Monsegur
According to this week’s revelations, Monsegur did more than just inform for the FBI after his arrest. The articles suggest rather that from behind his internet handle “Sabu,” Monsegur solicited vulnerabilities and targets from a wide range of hackers and then handed them off to other online acquaintances, including Hammond, in order to pilfer, plunder and otherwise ravage the websites and networks of foreign entities and at least one major American corporation.
Combined, the articles and the evidence contained therein corroborate very serious allegations concerning the Justice Department’s conduct in the case against Hammond and numerous other hacktivists, while raising numerous questions surrounding the FBI’s knowledge in hundreds of cyberattacks and its documented efforts to coordinate those campaigns using their informant.
Excerpts from previously unpublished chat logs and other evidence used in the Hammond case and obtained by the Dot and Motherboard are cited to provide a new point-of-view concerning two matters in particular: the December 2011 hacking of Strategic Forecasting, or Stratfor; and a January 2012 campaign led by Anonymous against government websites in Brazil and the US.
Contrary to the government’s claims, the Dot article alleges that Hammond did not mastermind the hack against Stratfor, but was rather told to target the Texas-based intelligence firm after Monsegur was made aware of a vulnerability in its network by a mysterious hacker who used the handle “Hyrriiya.” Weeks’ worth of private chats and group messages logged by Monsegur for the FBI after his arrest confirm that Hyrriiya breached Stratfor first, then sent details to the hacker he knew as “Sabu,” who in turn personally recruited Hammond to take the attack to the next level. For the first time, a clear timeline now exists to show exactly how the hack was hatched first by Hyrriiya, then Monsegur. A claim made ahead of Hammond’s sentencing hearing in which he claimed to have never even heard of Stratfor until he was fed the target by Sabu is authenticated with the logs.
Motherboard’s report focuses on a span of time only weeks after the Stratfor hack earned Anonymous headlines around the globe. Monsegur at that time was maintaining a list of targets in Brazil that would then be dispersed among members of Anonymous and other hackers to be defaced en masse as part of at least two concurrent cyber operations carried out in early 2012: an anti-corruption campaign against the Brazilian government; and another op in response to the shutdown of file-sharing site Megaupload.
“Sabu would say he wanted so-and-so, that another hacking team wanted this particular target,” Hammond told Motherboard from prison last month. “Some Brazilian was looking for people to hack them once I gave him the keys.”
Previously, Hammond said that Monsegur directed Anonymous to target websites belonging to no fewer than eight foreign governments while he was fully cooperating with the FBI. Only now, however, has documentation surfaced to verify that claim and others about alleged acts of cyberwar carried out by the the government by proxy.
“It’s completely outrageous that they made Sabu into this informant and then, it appears, requested him to then get other hackers to invade sites and look for vulnerabilities in those sites,” Michael Ratner, an attorney for WikILeaks, told Motherboard. “What that tells you is that this federal government is really — it’s really the major cybercriminal out there.”
The articles were first published Thursday morning and were a joint effort by journalists Dell Cameron of the Dot, Daniel Stuckey of Motherboard and RT’s Andrew Blake.
U.S. Marshals Seize Local Cops’ Cell Phone Tracking Files in Extraordinary Attempt to Keep Information From Public
By Nathan Freed Wessler | ACLU | June 3, 2014
A run-of-the-mill public records request about cell phone surveillance submitted to a local police department in Florida has unearthed blatant violations of open government laws, including an incredible seizure of state records by the U.S. Marshals Service, which is part of the Justice Department. Today the ACLU and the ACLU of Florida filed an emergency motion in state court to preserve the public’s right of access to government records.
Over the past several months, the ACLU has filed dozens of public records requests with Florida law enforcement agencies seeking information about their use of controversial cell phone tracking devices known as “stingrays.” (The devices are also known as “cell site simulators” or “IMSI catchers.”) Stingrays track phones by mimicking service providers’ cell towers and sending out powerful signals that trick nearby phones — including phones of countless bystanders — into sending their locations and identifying information.
The Florida agencies’ responses to our requests have varied widely, with some stonewalling and others releasing records. The most recent request went to the Sarasota Police Department, and the fallout from that request has raised red flag after red flag.
RED FLAG #1: The Sarasota Police initially told us that they had responsive records, including applications filed by and orders issued to a local detective under the state “trap and trace” statute that he had relied on for authorization to conduct stingray surveillance. That raised the first red flag, since trap and trace orders are typically used to gather limited information about the phone numbers of incoming calls, not to track cell phones inside private spaces or conduct dragnet surveillance. And, such orders require a very low legal standard. As one federal magistrate judge has held, police should be permitted to use stingrays only after obtaining a probable cause warrant, if at all.
RED FLAG #2: The Sarasota Police set up an appointment for us to inspect the applications and orders, as required by Florida law. But a few hours before that appointment, an assistant city attorney sent an email cancelling the meeting on the basis that the U.S. Marshals Service was claiming the records as their own and instructing the local cops not to release them. Their explanation: the Marshals Service had deputized the local officer, and therefore the records were actually the property of the federal government.
We emphatically disagree, since the Sarasota detective created the applications, brought them to court, and retained the applications and orders in his files. Merely giving him a second title (“Special Deputy U.S. Marshal”) does not change these facts. But regardless, once the Sarasota Police Department received our records request, state law required them to hold onto the records for at least 30 days, to give us an opportunity to go to court and seek an order for release of the documents.
Instead of complying with that clear legal obligation, the local police allowed the records to disappear by letting the U.S. Marshals drive down from their office in Tampa, seize the physical files, and move them to an unknown location. We’ve seen our fair share of federal government attempts to keep records about stingrays secret, but we’ve never seen an actual physical raid on state records in order to conceal them from public view.
RED FLAG #3: Realizing we weren’t going to get hold of the Sarasota Police Department’s copies of the applications and orders anytime soon, we asked the county court if we could obtain copies from its files. Incredibly, the court said it had no copies. The court doesn’t even have docket entries indicating that applications were filed or orders issued. Apparently, the local detective came to court with a single paper copy of the application and proposed order, and then walked out with the same papers once signed by a judge.
Court rules — and the First Amendment — require judges to retain copies of judicial records and to make them available to the public, but the court (and the detective) completely flouted those requirements here.
The ACLU’s emergency motion seeks a temporary injunction preventing the Sarasota Police Department from transferring any more files to the U.S. Marshals, as well as a determination that the police violated state law by sending the stingray applications and orders to the Marshals Service in the first place and an order requiring the police to produce the records.
When the government obtains court authorization to use invasive surveillance equipment, the public should not be kept in the dark. We have open records laws for a reason, but they mean nothing if the government can violate their clear commands at its whim.
Egypt: Two students disappear after being tortured in police camp
MEMO | June 3, 2014
Two Egyptian university students have disappeared since Sunday after being abducted by police and tortured in a central security camp in Zagazig, spokesman of a student group said.
According to Ahmadi Hamoudi, spokesperson of the Students Against the Coup movement, the students are Anas Al-Sayed, a freshman student at the School of Business, Zagazig University, and Anas Mousa, a student at the Higher Engineering Institute in 10 Ramadan city. The two disappeared from their detention center after reportedly being brutally tortured.
Hamoudi said on his Facebook page that the two students were rounded up in the early hours of Sunday morning from their homes in Zagazig, Sharqeya governorate.
Anas Moussa, one of the disappeared students, had lost his left eye after being shot at during his participation in an anti-coup protest on 6 October. There are unconfirmed reports, however, that the two students were transported to the Azouli military prison.
Egyptian comedian cancels TV show citing ‘pressures’
MEMO | June 3, 2014
Egyptian comedian and TV satirist Bassem Youssef said Monday his show has been cancelled, citing pressures faced by the Saudi-owned MBC group to suspend his show.
According to producers of the show, as quoted by Reuters, the latest episode poked fun at the latest presidential elections, particularly the staggeringly low turnout and the resulting pro-Al-Sisi media panic.
MBC spokesman Mazen Hayek said that his group “had no hand” in the decision to suspend the show, saying the channel “did its best” to keep the show on air.
He refused to respond to questions regarding Saudi government pressures to cancel the show.
The Saudi government is one of the main backers of the former army chief Abdel-Fattah Al-Sisi who led the July 3 military coup against elected President Mohamed Morsi. Al-Sisi won a controversial presidential election last week in what has been internationally denounced as an illegitimate and unfair process.




