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Bahraini court sentences four activists to life

Press TV – November 3, 2013

A court in Bahrain has sentenced four anti-regime activists to life in prison and six others to 15-year jail terms, as the country’s prosecutors begin interrogation of opposition leader Sheikh Ali Salman.

Bahraini opposition sources said on Sunday that the activists were handed prison sentences for taking part in anti-regime protests.

Earlier this week, ten protesters were also imprisoned over similar charges.

The court rulings are issued at a time when Bahraini regime forces have intensified their crackdown on opposition leaders.

Reports say the Manama regime has begun the interrogation of Sheikh Ali Salman, the secretary-general of the main opposition group, al-Wefaq.

The Saturday summoning of Sheikh Salman sparked protests across Bahrain.

The demonstrators expressed solidarity with the al-Wefaq leader.

The Bahraini opposition group believes the summoning of Salman “to be part of the political blackmail and revenge against the peaceful opposition that is asking for democracy.”

The Manama regime is under fire for its heavy-handed crackdown on protests.

On October 30, Bahraini regime forces stormed and shut down an exhibition, dubbed the revolution museum, which was opened by al-Wefaq.

The party says it will lodge a complaint with the United Nations over the raid on the exhibition, which had been organized in an effort to portray the brutal regime clampdown on peaceful protests.

In September, Wefaq’s deputy leader, Khalil al-Marzouq, was arrested on charges of “inciting protests” against the ruling Al Khalifa family. The opposition party said the detention was “a clear attack on political activism in Bahrain.”

Scores have been killed, many of them under torture while in custody, and thousands more detained since the popular uprising began in Bahrain in early 2011.

November 3, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , , , | Leave a comment

Putin Signs Law Punishing Terrorists’ Relatives

RIA Novosti | November 3, 2013

MOSCOW  – President Vladimir Putin signed a law Sunday forcing the relatives of terrorists to pay for the damages caused by their attacks.

The law submitted by President Putin in September that includes measures to criminalize training in terrorist camps was approved by the country’s parliament in late October.

Effort to target the families of militants marks the latest attempt by Russian authorities to stamp out an insurgency in the turbulent North Caucasus that has claimed thousands of lives over more than a decade.

Under the law, material and moral damages inflicted as a result of a terrorist attack should be compensated “by the perpetrator and his or her family members, relatives, in-laws and other people, whose lives, health and well-being are significant to him or her because of established personal relations.”

The new law stipulates closer scrutiny toward property belonging to the relatives and loved ones of people who have “committed a terrorist act,” with the goal of verifying whether such money or goods were acquired legally.

People found guilty of training with the aim of carrying out terrorist activities will now face a maximum penalty of 10 years in prison and fines of up to 500,000 rubles ($15,700). Anybody found guilty of creating terrorist networks could be sentenced to 20 years behind bars and fines of up to one million rubles.

Individuals found to be parts of terrorist organizations can now be punished with 10-year jail sentences and 500,000 ruble fines.

The new legislation increases penalties for setting up, leading or financing armed groups to up to 10 years. Participation in such groups, including those based abroad, is punishable with up to six years in jail.

November 3, 2013 Posted by | Civil Liberties | , , , | Leave a comment

Professor Fires Off Lengthy Email In Defense Of Student Forbidden From Handing Out Copies Of The Constitution

By Tim Cushing | Techdirt | November 1, 2013

On Constitution Day (Sept. 17th), a student of Modesto Junior College, Robert Van Tuinen, was prevented by Modesto Junior College administration from handing out copies of the Constitution. The college apparently believes free speech is limited to a single small concrete slab on campus, generously named the “Free Speech Zone.” Contrary to the First Amendment (and the state’s laws governing public university policies), MJC restricts free speech to no more than two people per day, subject to approval of the administration.

Van Tuinen set out to challenge the stupidity of this policy and MJC administration obligingly played its part, resulting in a story that spread across blogs and news sites. As a result of its actions, the staff at MJC was “subjected” to insults, death threats, and even worse, an “unfair and negative portrayal” by the media. While no one condones death threats, one would be hard pressed to agree with Jill Stearns, the president of MJC, that the portrayal was “unfair” or that the school’s willingness to place policy above all else, including the Constitution and common sense, wasn’t deserving of a few disparaging remarks.

Shortly after MJC went into damage control, Van Tuinen sued the school for violating his First Amendment rights. Van Tuinen is seeking a permanent injunction against the school’s unconstitutional policies, as well as damages and court costs.

Now the organization that originally brought Van Tuinen’s experience to national attention (FIRE) brings news that a Modesto Junior College professor has written a lengthy email to all Modest Junior College faculty members to call attention to the college’s actions which the administration seemingly wants to let recede into the background.

Professor William J. Holly was kind enough to forward his entire email to me, as well as provide some additional info on California laws governing schools and students’ First Amendment rights, as well as this bizarre and tense interaction with school security over the supposed rule changes President Jill Stearns said were underway.

I do not know what rules are now in effect. Last week I stopped by campus security and asked what the rules now were, and he referred me to ASMJC office on the other campus. I said he must know what the rules are since he was responsible for enforcing the rules. He kept pushing the paper with the name of the office on it, saying he was referring me to that office. It got a little tense because I kept saying he must know the rules and should be able to let us know what the rules are. Finally, he said he was not allowed to discuss this with anyone because they are under litigation. Stearns says the rules are being reviewed. Does that mean there are no rules?

Stearns’ statement says the college is “evaluating its policies and procedures.” It also says this:

There is absolutely no requirement that a student register weeks in advance and hand out his literature only in a small marked area.

There may not be one now, but that requirement was certainly in place back in September.

It also says this.

To those who were offended by the appearance of censorship, we again affirm the commitment of the college and district to civil discourse.

Hilarious. Pity the poor people who took offense at Van Tuinen being accosted by a campus cop and repeatedly told he’d need to get on the waiting list for the Freedom Slab and mistakenly believed it violated his First Amendment rights.

Holly does a wonderful job in his email dismantling Stearns’ non-apology.

[I]t is unclear what she means when she addresses “those who were offended by the appearance of censorship.” Van Tuinen was not subjected to the mere “appearance of censorship.” He was silenced and he was prevented from distributing his literature. That is outright censorship, pure and simple, whether it resulted from a misunderstanding or not.

But Holly’s letter is more than just a deconstruction of Stearns’ statements and MJC’s dubious policies. It’s also a wake-up call directed at his colleagues, many of whom were either unaware of this event or simply stood by and let incident pass by not remarked on.

Dear Colleagues:

The paper attached above (Destructing Causal Deconstruction) exposes some of the absurdities that are committed in the name of “Deconstruction.” I think it is a good read — clear, amusing, imaginative, and instructive. If you ever wondered what “deconstruction” is really about, you would be hard pressed to find a better introduction. One question that I cannot answer, however, is whether or not I would be arrested by a security officer if I insisted on wandering about the quad on our campus, handing out copies of this paper and discussing it with those who might be interested in the topic. This is not a silly question…

Nearly a month ago (Sept. 17th) one of our MJC students, Robert Van Tuinen (also a veteran), was trying to pass out copies of our federal Constitution on Constitution Day. He was prevented in this exercise of free speech by an MJC security officer, and then by an official at the office of Student Services who told him he was allowed freedom of speech and the right to pass out literature only in certain tiny restricted areas on our campus, and then only after booking a reservation — which would not be available until the following month!

I am puzzled why there has been no faculty outcry over this ugly incident. Why are we not standing up for our student who only wanted to exercise his constitutional right to free speech? Do we really want to be known nationwide as the college that wouldn’t let a veteran pass out copies of our Constitution on Constitution Day?

Holly’s not being facetious about “nationwide.” The story was picked up by the Huffington Post, the Washington Times, FOX News, the L.A. Times, along with numerous other well-read sites like Reason, the Daily Caller and National Review Online. But Modesto Junior College itself? Apparently it isn’t interested in providing current or prospective students (or faculty, for that matter) with anything more than the president’s statement.

The First Amendment in pertinent part says, ” Congress shall make no law … abridging the freedom of speech, or of the press …” Some have taken this to be a right you have against the Federal Government, but not (say) against the State of California (as though the rights you thought you had simply in virtue of being a citizen of the United States could be nullified by the particular state in which you live). Happily, the point is largely moot because the constitution of California has its own guarantees of rights that largely parallel the U.S. Constitution Bill of Rights — including separation of church and state, etc. Guarantees of freedom of expression even exist in parts of the California Code of Education, and even the University of California has a constitution that holds out these rights, and even individual campuses have their own codes regarding such things as Academic Freedom. At CSUS and at PLU, the rules that claim Academic Freedom for faculty make clear that such freedom should extend equally to students!

The most pertinent part of the California Education Code is this section.

66301. (a) Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a community college district, nor an administrator of any campus of those institutions, shall make or enforce a rule subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.

Considering Van Tuinen’s lawsuit, the directly-following subsection is also relevant.

(b) A student enrolled in an institution, as specified in subdivision (a), at the time that the institution has made or enforced a rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon a motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section.

Given the state law governing the public college, it would appear that MJC’s free speech policies are in violation of state law, not to mention the state’s constitution, even granting a very generous reading of “time, place and manner” wording.

Holly also questions the “formal apology” extended by the school to Van Tuinen. Whatever it was (and no one has seen it but Van Tuinen and administrators), it’s clearly not sufficient.

[W[e are told that a formal apology has been provided the student. It seems to me, however, that apologies in such cases are best made in public. I think Van Tuinen would want a published apology, a public admission that MJC had no right to deny him the exercise of his liberties that they did, and a promise that no other students would have their rights similarly violated. And, since the violation of the rights of one of our fellow citizens violates us all, I believe that we all are entitled to see a copy of that apology, to see the particulars of the concessions made, and to see in what manner those liberties now are affirmed that then were denied.

As Holly points out, the fact that Van Tuinen is proceeding with his lawsuit is a good indicator that the apology offered wasn’t satisfactory.

Holly then goes further, suggesting what should be done, not only to satisfy Van Tuinen, but to make sure other students know their rights are protected and ensure this sort of restriction doesn’t make its way back into the school policies in the future.

In one interview, [Van Tuinen] has said that he is not doing this for the money. I think what he wants is a civil rights victory. That should be easy to give him, especially if President Stearns is right this all has just been a misunderstanding…

If he doesn’t really care about money, if he just wants public acknowledgement that he was wronged, perhaps we should offer this: Buy him a couple thousand copies of the Constitution or of the Bill of Rights, and offer to make the individuals he has sued do community service that is relevant. Make them each do twenty hours of community service that consist of passing out copies of the Constitution and explaining to people the importance of everyone’s right to free speech. That ought to make him whole. And, to show my sincerity, I hereby offer to do 20 hours of such community service myself. Perhaps I too bear part of the responsibility here, because this one flew under my radar too. I did not check to see if my students’ rights to free speech were properly protected. Sometimes the implications of rules just do not strike us until we see them enforced.

Summing things up, Holly asks what some famous free speakers would run into if attempting to speak on MJC’s campus.

Now, if you do not like my suggestion that we should have a policy of completely free, unfettered and unqualified freedom of thought and expression on this campus, just ask yourself this one question: Suppose that Thomas Paine, the great pamphleteer (“These are the times that try men’s souls…”) were to come to MJC. Would you make him show his ID or make an advance appointment? Would you sic campus security and Student Services on him before allowing him to distribute his literature? Hell, what would you do if Jesus came? Would you have Student services tell Him he needs an appointment in advance, that the free speech zone is booked up until next month, and that He needs to confine his speech to the designated free speech zone areas? I say, Let Freedom Reign!

Holly’s effort to light a fire under his colleagues is admirable. Many people are too willing to defer to existing policy, especially if it doesn’t apply directly to them. Van Tuinen pushed back against an unconstitutional policy and has brought the idiocy of campus “Free Speech Zones” back into the national limelight. Holly doesn’t suggest throwing away all restraints on speech (exempting classrooms and faculty offices in order to prevent disruption of educating), but his view of what a “Free Speech Zone” should actually include covers far more area than MJC’s infamous concrete slab.

Holly’s defense of students’ rights is a rarity in institutes of higher learning, many of which seem to believe the restraint of speech somehow creates better students.

Full email posted at link.

November 2, 2013 Posted by | Civil Liberties, Solidarity and Activism, Timeless or most popular | , , , , , , , | Leave a comment

Ex-DHS Director Michael Chertoff: The Public Spying On Famous People With Their Smartphones Is A Bigger Issue Than NSA Spying

By Mike Masnick | Techdirt | November 1, 2013

Former director of Homeland Security (and current profiteer off of any “security” scare) Michael Chertoff has penned quite an incredible op-ed for the Washington Post, in which he argues that the real threat to privacy today is not the NSA spying on everyone, but rather all you people out there in the public with your smartphones, taking photos and videos, and going to Twitter to post things you overheard more important people say. Seriously. It starts out by claiming this is a “less-debated threat”:

So it is striking that two recent news stories illustrate a less-debated threat to privacy that we as a society are inflicting on ourselves. Last week, a passenger on an Acela train decided to tweet in real time his summary of an overheard phone conversation by Gen. Michael Hayden, a former director of the National Security Agency (NSA) and the CIA (and my current business partner). The same day, a photo was published of Maryland Attorney General Douglas Gansler at a summer party where he was surrounded by underage youths who apparently were drinking.

But he then goes on to argue that this kind of thing is more troubling than the NSA revelations, which Chertoff suggests is no big deal:

Of course, the delicious irony is obvious: In one case, the former NSA chief becomes a victim of eavesdropping. In the other, a politician critical of teen drinking fails to intervene when he is surrounded by it. But both stories carry a more troubling implication. The ubiquitousness of recording devices — coupled with the ability everyone has to broadcast indiscriminately through Twitter, YouTube and other online platforms — means that virtually every act or utterance outside one’s own home (or, in Gansler’s case, inside a private home) is subject to being massively publicized. And because these outlets bypass any editorial review, there is no assurance that what is disseminated has context or news value.

It would appear that Chertoff seems to believe that there should be no expectation of privacy for the things you actually do in private — generating metadata about who you call, where you go, what websites you visit, etc. But, stuff that you actually do in public should never be “broadcast” because it might embarrass famous people.

And, yes, it’s the famous people being embarrassed that seems to most concern Chertoff:

If a well-known person has an argument with a spouse or child at a restaurant, should it be broadcast? If a business personality expresses a political opinion at a private party, should that opinion (or a distortion of it) be passed on to the rest of the world? If a politician buys a book or a magazine at an airport, should a passerby inform everyone?

See? Think of those poor well-known people, having people telling others about what they do. What a shame! Incredibly, he argues that it’s this exposing of the public actions of famous people that creates real chilling effects — and not the NSA’s spying, which he calls “exaggerated.”

Are we creating an informant society, in which every overheard conversation, cellphone photograph or other record of personal behavior is transmitted not to police but to the world at large? Do we want to chill behavior and speech with the fear that an unpopular comment or embarrassing slip will call forth vituperative criticism and perhaps even adversely affect careers or reputations? Do we need to constantly monitor what we say or do in restaurants, at sporting events, on public sidewalks or even private parties?

I don’t know what clueless PR flack thought this was a good strategy, but the clear connotation is hard to miss: Look, we the powerful people get to spy on everyone, but the second you turn the tables and spy on us and the things we do in public, what a horrible shame! Something must be done!

November 2, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , | Leave a comment

Britain’s GCHQ shepherding mass surveillance operations throughout Europe

RT | November 2, 2013

British intelligence agency GCHQ has helped counterpart entities in France, Germany, Spain, and Sweden develop methods of mass surveillance of internet and phone traffic in the last five years, a new report reveals.

Documents supplied by former National Security Agency contractor Edward Snowden to the Guardian show the UK Government Communications Headquarters’ (GCHQ) enormous influence throughout Europe. The documents detail how the agency developed and promoted spying processes, built relationships with telecommunication companies, and evaded national laws that constrain the surveillance powers of intelligence agencies.

In the wake of outrage expressed over the past week across Europe regarding newly exposed NSA surveillance of European countries – including intercepted communications and the monitoring of phones belonging to officials such as German Chancellor Angela Merkel – documents released Friday by the Guardian show major European countries’ culpability in mass surveillance efforts shepherded by the GCHQ.

The GCHQ is part of the ‘Five Eyes’ intelligence-sharing partnership between Australia, Britain, Canada, New Zealand, and the United States.

US intelligence officials said the monitoring that received so much indignation from powers like Germany and France was carried out by those countries’ own intelligence agencies and later shared with the US.

In June, the Guardian revealed the GCHQ’s Tempora program, in which the agency tapped into transatlantic fiber-optic cables to execute bulk surveillance. Germany’s justice minister, Sabine Leutheusser-Schnarrenberger, said at the time that the program sounded “like a Hollywood nightmare” and warned that free societies and actions hidden under “a veil of secrecy” are not compatible.

A nation-by-nation scorecard

In a 2008 survey of European partners, the GCHQ marveled at Germany’s capabilities to produce Tempora-like surveillance. The British service said the Federal Intelligence Service (BND) had “huge technological potential and good access to the heart of the internet – they are already seeing some bearers running at 40Gbps and 100Gbps.” The term ‘bearers’ refers to the fiber-optic cables. Gigabits per second (Gbps) measures the speed at which data runs through them.

The documents also show the British were advising German counterparts on how to change or evade laws that restricted advanced surveillance efforts. “We have been assisting the BND (along with SIS [Secret Intelligence Service] and Security Service) in making the case for reform or reinterpretation of the very restrictive interception legislation in Germany,” the survey says.

The report also lauds the GCHQ’s French partner, the General Directorate for External Security (DGSE), especially for its cozy relationship with an unnamed telecommunications company.

“DGSE are a highly motivated, technically competent partner, who have shown great willingness to engage on IP [internet protocol] issues, and to work with GCHQ on a ‘cooperate and share’ basis.”

The GCHQ expressed desire to benefit from the DGSE’s relationship with the company.

“We have made contact with the DGSE’s main industry partner, who has some innovative approaches to some internet challenges, raising the potential for GCHQ to make use of this company in the protocol development arena.”

The GCHQ’s work with its French counterpart led to improved capabilities to carry out bulk surveillance, despite growing commercial emphasis on encryption.

“Very friendly crypt meeting with DGSE in July,” British officials said. French intelligence officials were “clearly very keen to provide presentations on their work which included cipher detection in high-speed bearers. [GCHQ’s] challenge is to ensure that we have enough UK capability to support a longer term crypt relationship.”

New opportunities in future partnerships

GCHQ ties to Spain’s intelligence service, the National Intelligence Centre (CNI), were bolstered by Spain’s connections to an unnamed British telecom company, giving them “fresh opportunities and uncovering some surprising results.

“GCHQ has not yet engaged with CNI formally on IP exploitation, but the CNI have been making great strides through their relationship with a UK commercial partner. GCHQ and the commercial partner have been able to coordinate their approach. The commercial partner has provided the CNI some equipment whilst keeping us informed, enabling us to invite the CNI across for IP-focused discussions this autumn,” the survey said. It reported that the GCHQ “have found a very capable counterpart in CNI, particularly in the field of Covert Internet Ops.”

When Sweden passed a 2008 law allowing its National Defence Radio Establishment (FRA) to execute Tempora-like surveillance via fiber-optic cables, the GCHQ said in the report that “FRA have obtained a…probe to use as a test-bed and we expect them to make rapid progress in IP exploitation following the law change.” The GCHQ went on to express delight in future partnerships with FRA after the law passed.

The survey found strong ties between the GCHQ and Dutch external and internal intelligence services MIVD and AIVD, respectively.

“Both agencies are small, by UK standards, but are technically competent and highly motivated,” British officials said.

The GCHQ also helped AIVD in handling legal constraints to spying.

“The Dutch have some legislative issues that they need to work through before their legal environment would allow them to operate in the way that GCHQ does. We are providing legal advice on how we have tackled some of these issues to Dutch lawyers.”

Contrary to the other nations’ positive marks, the GCHQ country-by-country scorecard shows Italy’s intelligence agencies to be riddled with internal strife.

“GCHQ has had some CT [counter-terrorism] and internet-focused discussions with both the foreign intelligence agency (AISE) and the security service (AISI), but has found the Italian intelligence community to be fractured and unable/unwilling to cooperate with one another,” the report said.

A follow-up six months later noted the GCHQ still saw legal constraints in Italy as hampering AISI’s ability to cooperate.

This latest disclosure calls into question how involved the countries were in the overall surveillance of global citizens and world leaders led by the NSA and GCHQ.

November 2, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , , , , , , | Leave a comment

The NSA Killed the Radio Star and American High Tech

By Richard Silverstein · Tikun Olam · November 2, 2013

While I don’t pretend to be a technical expert, it seems clear to me that one of the major pieces of collateral damage regarding the NSA spying scandal is the savaging that the American technology industry has taken. Though they initially denied it, it became apparent that companies like Twitter, Facebook, Google, Microsoft, Yahoo and others essentially rolled over and played dead in the face of Justice Department and NSA directives that they essentially unlock their data for inspection. Later it became clear that the government didn’t really need these data dumps, it could invade the company servers and sift through data at will.

Now these same companies are telling us that they’ll regain our trust by encrypting their data so that it can’t be hacked by NSA snoops. Such encryption is not going to be an effective tool if the NSA retains the same privileges it’s had to subpoena any data at any time for any person it wishes. In such cases, the only thing standing in the way of wholesale exposure of virtually every secret is a toothless FISA court which never questions a subpoena or prevents any spying.

The only benefit to encryption is that it will make it harder for the NSA to collect the reams of data which it sifts through in order to decide which individuals’ records it wants to subpoena. But given the creativity and ingenuity of NSA spooks, you can be sure they’ll discover a way to circumvent even this obstacle.

There is a certain attraction for the average NSA hacker to et everything they can; to open all possible doors; to pry into every possibly nook and cranny. That’s what spooks do. You can’t blame them for that. But you can blame the executive branch and legislators who were supposed to exercise oversight and, with a few exceptions like Marc Udall and Ron Wyden, abdicated their constitutional responsibility. 9/11 made them all go soft in the head.

Now even Rep. James Sensenbrenner, one of the chief architects of that foul piece of legislation called the USA Patriot Act, seems to have second thoughts. He’s gone so far as to call the actions of the NSA “criminal.” But is it too late? Once the NSA let the horse out of the barn, how will the U.S. technology industry get it back in?

These companies, the backbone of the U.S. economy, have shown themselves to be at the beck and call of the government. The trust we customers placed in them to protect our security has been savaged. Does anyone believe anything Mark Zuckerberg, Steve Ballmer, Larry Page or Sergey Brin say on this subject?  Frankly, I think they can’t regain that trust no matter what they do.

The NSA has torn a hole in the high tech industry big enough to drive a super computer or Mack truck through. Countries like Brazil and others are already developing competing systems that will not be subject to the intrusive scrutiny of the NSA. Will any American want to maintain telecommunications accounts with U.S. companies?

If we lose the edge we’ve had in such technological development over the past 60 years, we will lose a huge sector of U.S. commercial innovation. We will hurt our economy, lose jobs, and slow the pace of development in our own country. In a strange and ironic way, NSA spying may ultimately hurt the U.S. and our national security.

An equally damaged victim of NSA spying has been our formerly warm relations with allies like Berlin, France, German, Mexico and Brazil.  One must ask: was the benefit of whatever was learned by hacking the phones of their leaders worth the years of damage and mistrust that will ensue from this mess? Further, one has to marvel at the hubris of U.S. spymasters who believed that their massive House of Spies would never be exposed. As a result of Edward Snowden’s revelations the House of Spies has become a House of Cards.

In addition to all the nations with whom we’ve had tense of even hostile nations over the last decade or so, now we have to add allies who have lost trust in us.

I am delighted to learn that attitudes in the international community toward Snowden are gradually changing. With every new insult to the national pride of these countries with further NSA spying charges, more people find Snowden’s work admirable. German legislators met with him over the past few days to determine whether he can travel to German to testify before the Bundestag about the hacking of Prime Minister Merkel’s cell phone. If they find a way to bring him to Germany, I fear the cat will be out of the bag.  As long as the U.S. could confine him to countries like China or Russia, with whom we have tense or hostile relations, Obama could dismiss Snowden as a crank.  But once he begins spilling his guts before national legislatures of U.S. allies, he becomes a technological Robin Hood.

November 2, 2013 Posted by | Civil Liberties, Corruption, Deception, Economics, Full Spectrum Dominance | , , , , , | Leave a comment

How Feinstein’s Fake NSA Reform Bill Could Actually Make It Easier For NSA To Record Your Phone Calls

No! NSA surveillance hasn’t foiled a single terror plot

By Mike Masnick | Techdirt | November 1, 2013

We already pointed out that Dianne Feinstein’s fake NSA reform bill is being positioned by her as real reform, when all it really does is codify the (probably currently illegal) status quo. Even worse, Feinstein is using highly misleading language to pretend that the bill “bans” the very things that it clearly allows. It’s about as dishonest a statement about a bill as you can imagine.

We had noted in our original post that the talk about how the bill would prohibit the collection of “content of communications under Section 215” was a red herring. One of the NSA’s go-to talking points is that there’s “no surveillance” on the Section 215 collections because it’s “just metadata.” They keep repeating this claim over and over again that the leaked programs do not involve collecting the “content” of calls, pretending that this is what everyone’s been complaining about. That statement alone is disingenuous. Most people following this know that the Section 215 collections don’t involve the content of communications. What we’re complaining about is the metadata collection, because that’s very revealing. Separately, while the NSA may not collect contents “under this program,” they absolutely do under other programs.

But, the actual language here may be even worse. It may be so misleading that the language being held up to “prohibit” the collection of actual call content is worded in a way that actually will allow for greater content collection. As Julian Sanchez notes at that link, the ban on content collection is only for “bulk data collection,” which could be interpreted to mean it’s okay for non-bulk collections, which most people believe 215 isn’t regularly used for today.

The problem is, under canons of judicial interpretation, a narrow and explicit prohibition on getting content under bulk orders for communications records could easily be read to imply that content can be acquired via non-bulk orders, or even via bulk orders for other types of records. At present, it is not clear whether the statute allows for the acquisition of contents under 215, but there are strong arguments it does not—though, of course, I’d argue the Constitution would forbid this even if the statute didn’t. Under this law, though, a clever Justice Department lawyer could plausibly argue that a prohibition on content collection under one very specific type of 215 order would be senseless and redundant unless Congress intended for content to be accessible under 215 orders generally—and Courts generally have to interpret the law in a way that avoids making any provision redundant.

And, as Sanchez further points out, this isn’t a theoretical concept. The Justice Department has already used exactly this type of argument to allow for the bulk data collection in the first place:

This is not at all a hypothetical concern. In 2006, Congress amended Section 215 to add special “protections” for educational and medical records. What Congress didn’t know is that, because those records are already protected under other federal laws, and 215 contained no language explicitly overriding those statutes, the Justice Department had determined that 215 simply could not be used to access those types of records—an interpretation that was reversed after the “protections” were added. Congress, in other words, inadvertently expanded the scope of 215 while trying to limit it—a fact that was discovered only later, when a report by the Inspector General revealed the unintended consequences of the amendment.

This is yet another example of the really evil word games the NSA and its defenders will use to increase spying, while pretending they’re doing the opposite. Now would be a good time to reach out to your Senator to let them know that the Feinstein bill is absolutely unacceptable.

November 1, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , | Leave a comment

NSA secretly accessed Yahoo, Google data centers to collect information

RT | October 30, 2013

Despite having front-door access to communications transmitted across the biggest Internet companies on Earth, the National Security Agency has been secretly tapping into the two largest online entities in the world, new leaked documents reveal.

Those documents, supplied by former NSA contractor Edward Snowden and obtained by the Washington Post, suggest that the US intelligence agency and its British counterpart have compromised data passed through the computers of Google and Yahoo, the two biggest companies in the world with regards to overall Internet traffic, and in turn allowed those country’s governments and likely their allies access to hundreds of millions of user accounts from individuals around the world.

“From undisclosed interception points, the NSA and GCHQ are copying entire data flows across fiber-optic cables that carry information between the data centers of the Silicon Valley giants,” the Post’s Barton Gellman and Ashkan Soltani reported on Wednesday.

The document providing evidence of such was among the trove of files supplied by Mr. Snowden and is dated January 9, 2013, making it among the most recent top-secret files attributed to the 30-year-old whistleblower.

Both Google and Yahoo responded to the report, with the former’s response being the most forceful.

Google’s chief legal officer, David Drummond, said the company was “outraged” by the allegations.

“We have long been concerned about the possibility of this kind of snooping, which is why we have continued to extend encryption across more and more Google services and links, especially the links in the slide,” said Drummond, implying the web giant had been caught by surprise by the revelations..

“We do not provide any government, including the US government, with access to our systems. We are outraged at the lengths to which the government seems to have gone to intercept data from our private fiber networks, and it underscores the need for urgent reform.”

Yahoo likewise implied it was not actively cooperating with the NSA in granting the agency access to its data infrastructure.

“We have strict controls in place to protect the security of our data centers, and we have not given access to our data centers to the NSA or to any other government agency,” the company said via statement.

Gen. Keith Alexander, the head of the NSA, told reporters Wednesday afternoon, “I don’t know what the report is,” according to Politico, and said his agency is “not authorized” to tap into Silicon Valley companies. When asked if the NSA tapped into the data centers, Alexander said, “Not to my knowledge.”

Earlier this year, separate documentation supplied by Mr. Snowden disclosed evidence of PRISM, an NSA-operated program that the intelligence company conducted to target the users of Microsoft, Google, Yahoo, Facebook, PalTalk, YouTube, Skype, AOL and Apple services. When that program was disclosed by the Guardian newspaper in June, reporters there said it allowed the NSA to “collect material including search history, the content of emails, file transfers and live chats” while having direct access to the companies’ servers, at times with the “assistance of communication providers in the US.”

According to the latest leak, the NSA and Britain’s Government Communications Headquarters are conducting similar operations targeting the users of at least two of these companies, although this time under utmost secrecy.

“The infiltration is especially striking because the NSA, under a separate program known as PRISM, has front-door access to Google and Yahoo user accounts through a court-approved process,” the Post noted.

And while top-brass in the US intelligence community defended PRISM and said it did not target American Internet users, the newest program — codenamed MUSCULAR — sweeps up data pertaining to the accounts of many Americans, the Post acknowledged.

The MUSCULAR program, according to Wednesday’s leak, involves a process in which the NSA and GCHQ intercept communications overseas, where lax restrictions and oversight allow the agencies access to intelligence with ease.

“NSA documents about the effort refer directly to ‘full take,’ ‘bulk access’ and ‘high volume’ operations on Yahoo and Google networks,” the Post reported. “Such large-scale collection of Internet content would be illegal in the United States, but the operations take place overseas, where the NSA is allowed to presume that anyone using a foreign data link is a foreigner.”

To do as much, the NSA and GCHQ rely on capturing information being sent between company data centers around the globe, intercepting those bits and bytes in transit by tapping in as information is moved from the “Public Internet” to the private “clouds” operated by the likes of Google and Yahoo. Those cloud systems involve the linking of international data centers, each processing and containing huge troves of user information for potentially millions of customers. Intelligence officers who can sneak through the cracks when information is decrypted — or never encrypted in the first place — can then see the information sent in real time as take “a retrospective look at target activity,” according to documents seen by the Post.

“Because digital communications and cloud storage do not usually adhere to national boundaries, MUSCULAR and a previously disclosed NSA operation to collect Internet address books have amassed content and metadata on a previously unknown scale from US citizens and residents” Barton and Soltani reported.

“Data are an essentially global commodity, and the backup processes of companies often mean that data is replicated many places across the world,” The Post’s Andrea Peterson added in a separate report. “So just because you sent an e-mail in the US, doesn’t mean it will always stay within the nation’s borders for its entire life in the cloud.”

As data goes into those facilities outside of the US, the NSA and GCHQ have more tactics to deploy in order to obtain private communications. Additionally, Yahoo has not nor do they now have any plans to deploy encryption technology to secure communications, suggesting the data of their millions of users was passed in-the-clear through international data centers, ripe to be intercepted by the intelligence community.

“Google and Yahoo generally connect their data centers over privately owned or leased fiber-optic cables, which do not share traffic with other Internet users and companies, to enable the tasted connections and keep information secure,” Gellman added in a separate article authored alongside the Post’s Todd Linderman. “Until recently, these internal data networks were not encrypted. Google announced in September, however, that it is moving quickly to encrypt those connections. Yahoo’s data center links are not encrypted.”

“It’s an arms race,” Eric Grosse, Google’s vice president for security engineering, told the Post last month. “We see these government agencies as among the most skilled players in this game.”

After hearing ot the MUSCULAR program by the Post, Google said in a statement that they were “troubled by allegations of the government intercepting traffic between our data centers, and we are not aware of this activity.”

“We have long been concerned about the possibility of this kind of snooping, which is why we continue to extend encryption across more and more Google services and links,” the company said.

“We have strict controls in place to protect the security of our data centers, and we have not given access to our data centers to the NSA or to any other government agency,” insisted Yahoo.

Only hours before the latest Snowden leak was made public, NSA Director Keith Alexander told a Congressional panel that the illegal, unconstitutional revelations helped terrorist intent on killing Americans. Answering a question from Rep. Michele Bachmann (R-Minnesota) about the effect of the leaks on national security, Alexander and Director of National Intelligence James Clapper both said the disclosure have and will continue to cause major damage to the US.

At that same hearing, Alexander admitted that the NSA “compels” telecommunication companies to provide the government with user intelligence.

“Nothing that has been released has shown that we’re trying to do something illegal or unprofessional,” Alexander added.

October 30, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , , , , , | Leave a comment

It would be ‘difficult’ for UK gov’t ‘not to act’ if Snowden published more leaks – Cameron

British Prime Minister David Cameron has issued a veiled threat against the Guardian and other media organizations, calling them to stop publishing the reveals leaked by former CIA employee Edward Snowden.

Voice of Russia | October 29, 2013

Mr Cameron said that UK lawmakers have not yet been “heavy handed,” but if media does not stop such publications soon the government may employ D-Notices, official requests asking editors not to publish news items for national security reasons.

“I don’t want to have to use injunctions or D-Notices or other tougher measures. I think it’s much better to appeal to newspapers’ sense of social responsibility. But if they don’t demonstrate some social responsibility it would be very difficult for government to stand back and not to act,” – Cameron told the House of Commons Monday, adding that The Guardian, in particular, has made “this country less safe.”

The Guardian first began its ongoing series based on the Snowden leaks in June, when far-reaching secret activity of the American NSA and British Government Communication Headquarters (GCHQ) were made public.

Recent disclosures, revealing that the US and UK have quietly monitored international allies, caused a major scandal in European community.

US mass surveillance of European Union citizens is genuine concern – European MP

US spying on allies is ‘inappropriate and unacceptable’ – Spain’s minister

In July of this year GCHQ raided The Guardian’s offices and demanded the destruction of hard drives containing the Snowden files.

Although Alan Rusbridger, editor-in-chief of the paper, said the destruction would have no effect because The Guardian would continue publication from its offices in New York, the destruction continued anyway.

October 30, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , | Leave a comment

NSA stores data to target any citizen at any time – Greenwald

RT | October 29, 2013

The current revelations on the NSA’s spying are just the tip of the iceberg and affect “almost every country in the world,” said Glenn Greenwald. He stressed the NSA stores data for “as long as it can,” so they can target a citizen whenever they want.

Glenn Greenwald, the man behind the reports on the NSA global spy program, spoke to El Mundo journalist German Aranda and stressed that the US espionage activities went much further than just Europe.

“There are a lot of countries, and journalists in a lot of different countries, who have been asking for stories and to work on documents for a long time,” Greenwald said. He added that he was working as fast as possible to “make sure that all of these documents get reported in every single country there are documents for, which is most countries in the world.”

Shedding light on the NSA’s motives in compiling metadata on citizens, he said the spy organization’s main aim was to store the information to be able to dip into it whenever necessary.

“The very clear objective of the NSA is not just to collect all this, but to keep it for as long as they can,” said Greenwald.

“So they can at any time target a particular citizen of Spain or anywhere else and learn what they’ve been doing, in terms of who they have been communicating with.”

‘Preparing the terrain’

Referencing reports leaked from former CIA worker Edward Snowden regarding the millions of phone calls tapped by the NSA in the EU, German Aranda stated that French reaction was “important to prepare the terrain in Spain.”

“With all the countries around Europe and around the world, it will be the same. The more countries [that] see documents about them, the more interest the other countries will have to see what is happening with them,” said Aranda.

Last week the Spanish Prime Minister, Manuel Rajoy, summoned the US Ambassador to account for the reports of spying, echoing the reactions of France, Germany and a handful of other countries. Spain has so far resisted calls from Germany to sign an EU no-spying treaty against the US in the wake of the revelations; however this may be set to change.

“As in previous occasions, we’ve asked the U.S. ambassador to give the government all the necessary information on an issue which, if it was to be confirmed, could break the climate of trust that has traditionally been the one between our two countries,” said Spanish Foreign Minister Jose Manuel Garcia-Margallo, at a joint news conference in Warsaw last week.

In response to European leaders’ furor over NSA espionage, the White House has launched an internal review into the NSA’s activities. The EU Parliament has also threatened to halt the sharing of data on the SWIFT banking system, which provides information on the transfer of funds by suspected terrorists.

A delegation from the EU parliament is currently in Washington to discuss what has been described as a “breakdown in trust” between traditional allies.

The Obama administration earlier said the controversial intelligence gathering procedures that have attracted international scrutiny in recent months may require “additional constraints.” White House spokesperson Jay Carney said that a “number of efforts [are] underway that are designed to increase transparency.”

October 29, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , , , , | Leave a comment

Five Reactions To Dianne Feinstein Finally Finding Something About The NSA To Get Angry About

By Mike Masnick | Techdirt | October 29, 2013

Sen. Dianne Feinstein, Liberal Hawk

Dianne Feinstein, the NSA’s biggest defender in the Senate (which is ridiculous since she’s also in charge of “oversight”) has finally had enough. It’s not because she finally understands how crazy it is that the NSA is spying on every American, including all of her constituents in California. It’s not because she finally realized that the NSA specifically avoided letting her know about their widespread abuses. No, it’s because she just found out that the NSA also spies on important people, like political leaders around the globe. It seems that has finally ticked off Feinstein, who has released a scathing statement about the latest revelations:

“Unlike NSA’s collection of phone records under a court order, it is clear to me that certain surveillance activities have been in effect for more than a decade and that the Senate Intelligence Committee was not satisfactorily informed. Therefore our oversight needs to be strengthened and increased.

“With respect to NSA collection of intelligence on leaders of U.S. allies—including France, Spain, Mexico and Germany—let me state unequivocally: I am totally opposed.

“Unless the United States is engaged in hostilities against a country or there is an emergency need for this type of surveillance, I do not believe the United States should be collecting phone calls or emails of friendly presidents and prime ministers. The president should be required to approve any collection of this sort.

There are so many different possible reactions to this. Let’s go to list form to go through a few:

  1. Most people seem a hell of a lot less concerned about spying on political leaders than the public. After all, you kind of expect espionage to target foreign leaders. It seems incredibly elitist for Feinstein to show concern about spying on political leaders, and not the public. It shows how she views the public as opposed to people on her level of political power. One of them doesn’t matter. The other gets privacy.
  2. For all the bluster and anger from Feinstein about this, the Senate Intelligence Committee’s mandate is only about intelligence activities that touch on US persons, so it’s not even clear that she has any power over their activities strictly in foreign countries targeting foreign individuals. Why she seems to have expected the NSA to let her know about that when the NSA itself has been pretty explicit that avoids telling Congress about anything it can reasonably avoid telling them.
  3. Feinstein has referred to Ed Snowden’s leak as “an act of treason.” Now that they’ve revealed something that she believes is improper and deserving of much greater scrutiny, is she willing to revisit that statement?
  4. Given that Feinstein has been angrily banging the drum for months about how her oversight of the intelligence community shows that everything’s great, and there’s no risk of rogue activity — yet now she’s finally admitting that perhaps the oversight isn’t particularly comprehensive, is she willing to admit that her earlier statements are reasonably considered hogwash and discredited? She even says in her statement: “Congress needs to know exactly what our intelligence community is doing. To that end, the committee will initiate a major review into all intelligence collection programs.” And yet she’s been claiming that oversight has been more than enough for years?
  5. The cynical viewpoint: Feinstein knows the USA Freedom Act is coming out Tuesday, and that it has tremendous political momentum. Sooner or later she was going to have to admit that NSA surveillance was going to be curbed. Did she just happen to choose this latest bit of news for a bit of political theater to join the “time to fix the NSA” crowd?

There are plenty of other things that could be added to the list, but the whole situation seems fairly ridiculous considering about whom we’re talking.

October 29, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , | Leave a comment