Israeli court sentences Palestinian MPs
Ma’an – 11/07/2013
JERUSALEM – An Israeli court on Thursday sentenced two Palestinian MPs to 30 months, a committee official said.
PLC deputy Mohammad Tawtah and former Jerusalem affairs’ minister Khalid Abu Arafa were sentenced to 30 months plus a one-year suspended sentence for conducting “Hamas activities,” said Amjad Abu Asab, the director of the Jerusalem prisoners’ families committee.
The judge ruled that the MPs must serve an additional six months if they enter Jerusalem, their hometown, Abu Asab told Ma’an.
The MPs have been in Israeli custody since Israeli police detained them in a raid on the Jerusalem headquarters of the International Committee of the Red Cross in January 2012.
The elected officials took refuge at the Red Cross building in East Jerusalem’s Sheikh Jarrah in July 2010 along with lawmaker Ahmad Attoun after Israel revoked their residency permits.
Merkel justifies NSA eavesdropping surveillance
RT | July 11, 2013
Despite “justified questions” to the American intelligence community regarding eavesdropping on German networks, the US remains Berlin’s “most loyal ally”, announced Chancellor Angela Merkel in interview to Die Zeit weekly.
Merkel has made her first detailed comment into the unraveling diplomatic scandal with the America’s National Security Agency (NSA) global telecommunication eavesdropping, including those of its European allies, Germany foremost among them.
It emerged recently that Germany happens to be the most-snooped-on EU country by the American National Security Agency (NSA). The NSA’s real-time online surveillance PRISM program allows US intelligence agencies to intercept virtually any communications over the internet, phone calls and makes possible direct access to files stored on the servers of major internet companies.
Merkel declared that she herself has learnt about the US surveillance programs, such as the NSA’s PRISM spy program, “through the current reporting” in the media.
In early July spokesman Steffen Seibert announced on the behalf of Chancellor Merkel that “The monitoring of friends – this is unacceptable. It can’t be tolerated,” adding that Merkel had already delivered her concerns to the US. “We are no longer in the Cold War,” Seibert added.
The German government subsequently summoned US Ambassador Philip Murphy to Berlin to explain the incendiary reports.
At the same time according to new revelations made by former NSA contractor Edward Snowden to Germany’s Spiegel magazine, the American NSA and Germany’s intelligence agencies are “in bed together.”
Seibert told Reuters this week that German’s Federal Intelligence Agency’s (BND) cooperation with the NSA “took place within strict legal and judicial guidelines and is controlled by the competent parliamentary committee.”
‘Intelligence is essential for democracies’
Merkel stressed that intelligence “has always been and will in future be essential for the security of citizens” of democratic countries. “A country without intelligence work would be too vulnerable,” Merkel said.
At the same time, she observed that there must be a “balance between maximum freedom and what the state needs to give its citizens the greatest possible security.”
Merkel emphasized that German-American special relationship should not be endangered by the incident.
“America has been, and is, our most loyal ally over all the decades,” Merkel said, but pointed out that Washington should clear up the situation with the US allegedly bugging the embassies of the European countries and the EU facilities, noting that “the Cold War is over.”
Stasi and NSA are not comparable
In acknowledgment of the Germany’s contemporary history, Merkel, who grew up in East Germany, refused to make any parallels between the methods of work of DDR’s secret police Stasi and America’s NSA.
“For me, there is absolutely no comparison between the Stasi and the work of intelligence agencies in democratic states,” she was quoted as saying. “They are two completely different things and such comparisons only lead to a trivialization of what the Stasi did to [East Germany’s] people,” said Merkel.
Rhetoric shift
In the face of the national elections in September, Angela Merkel has come under fierce criticism in connection with the NSA spying scandal for not protesting unequivocally enough, while various German politicians demanded to stop spying immediately.
Germany’s center-left opposition insists on questioning country’s officials with a view to find out what exactly they knew about the American surveillance of German communications before the eavesdropping scandal emerged.
Earlier Germany’s Interior Minister Hans-Peter Friedrich and Justice Minister Sabine Leutheusser-Schnarrenberger both declined any knowledge of the eavesdropping performed by the American US in German networks.
In the interview to Die Zeit Chancellor Merkel revealed that reports from German intelligence agencies are being delivered to her chief of staff, Ronald Pofalla who coordinates their work from the chancellery.
The head of the center-left opposition Social Democratic Party (SPD) Sigmar Gabriel told Spiegel Online that “Ms. Merkel is now trying to shift political responsibility to her chief of staff.”
“That’s an old game: [pretending] not knowing anything at first, trying to play down the problem and then finally pointing the finger at a staff member. But it’s not going to work because it’s clear that the dimensions of this scandal are so great that no person other than the chancellor can ensure that basic rights are defended in Germany,” the SPD leader claimed.
Today battling terrorism is impossible “without the possibility of telecommunications monitoring,” Merkel told the weekly. “The work of intelligence agencies in democratic states was always vital to the safety of citizens and will remain so in the future.”
In the meantime, Friedrich is meeting US Attorney General Eric Holder and White House counterterrorism adviser Lisa Monaco in Washington on Friday for talks dedicated to the NSA scandal. Though Merkel’s government is not likely to pedal the spying issue, Berlin surely expects explanation from Washington in regards of the ‘Snowdengate’ “for all the more-than-justified questions”, Merkel was quoted as telling Die Zeit.
Luxembourg PM resigns over spying scandal
RT | July 11, 2013
Luxembourg’s long-serving Prime Minister Jean-Claude Juncker officially announced he would resign following a spying scandal involving illegal phone-taps and other illicit activities.
The announcement comes as Juncker’s junior coalition partner called for the dissolution of the house and early parliamentary elections.
Juncker’s departure follows allegations the country’s security services abused their power under his watch, including illegally bugging politicians, purchasing cars for private use, and taking payments and favors in return for access to local officials from 2003 to 2009.
A report commissioned by Luxembourg’s parliament into the matter determined that Juncker failed to rein in the agency despite it being under his auspices. The July 5 document further said that the outgoing PM was “politically responsible” for failing to inform the parliamentary committee of control or justice authorities about the Luxembourg State Intelligence Service’s (SREL) alleged illegalities.
The report was commissioned after a Luxembourg weekly newspaper published a secretly-taped conversation from 2008 between Juncker and the head of SREL at the time, Marco Mille.
On tape, Mille revealed that his staff had secretly recorded a conversation involving Luxembourg’s Grand Duke – the monarchial head of state – and that the sovereign was in regular contact with Britain’s Secret Intelligence Service.
The ensuing parliamentary inquiry revealed extensive illicit activity: the existence of 13,000 secret files on people and businesses, illegal wire-taps on business leaders, and a counter-terror operation which was in actually a front to help a Russian oligarch pay US$10 million to a Spanish spy, and even a shadowy private dealership in luxury cars, AFP reports.
In June, the PM survived Luxembourg’s first no confidence vote in 150 years after the opposition Liberals and Greens accused Finance Minister Luc Frieden of pressuring the state prosecutor to stop legal proceedings against a group implicated in a series of 1980s bombings.
However, the specter of a fresh no confidence vote once again hung over Juncker, who became prime minister in 1995 and is the European Union’s longest-serving head of government, following the report.
The PM delivered a defiant speech to lawmakers on Wednesday in which he attempted to refute allegations that he has used the SREL to bolster both him and his Christian Social People’s Party.
Juncker initially refused to step down, claiming the PM should not be expected to resign over the alleged wrongdoing of a few intelligence agents.
“The intelligence service was not my top priority,” Juncker told parliament. “Moreover, I hope Luxembourg will never have a prime minister who sees SREL as [his or her] priority.”
However, Junker’s junior partner, Luxembourg Socialist Workers’ Party (LSAP) President Alex Bodry, called on the PM to take” full political responsibility” for the scandal.
“We invite the prime minister to take full political responsibility in this context and ask the government to intervene with the head of state to clear the path for new elections,” Bodry said.
Juncker, who said it would be impossible to take personal responsibility for the allegations leveled at him, ultimately resigned to avoid a vote of no confidence.
“I will convene the government tomorrow morning at 10am (08:00 GMT) and will go to the Palace to suggest snap elections to the Grand Duke,” he told parliament on Wednesday.
As head of state, only the Grand Duke can officially dissolve parliament.
In line with Junker’s recommendation, the government will continue its work until early elections are held on October 20. It remains unclear whether the outgoing PM intends to run.
Political responsibility as last resort
Luxembourg, a tiny state nestled between Belgium, France and Germany, is viewed as a major European financial hub, where some 40 percent of the country’s 500,000 residents are foreigners working in banks and other European institutions.
Juncker’s departure over intelligence service malfeasance was a major wave in one of Europe’s most politically-stable states.
As the outgoing PM admitted the intelligence service scandal left him “no other choice than to hand in the government’s resignation,” other European leaders are increasingly being scrutinized for the alleged role in sweeping surveillance activities.
UK Foreign Secretary William Hague, who oversees the Government Communications Headquarters (GCHQ), has recently come under fire for the agency’s Tempora surveillance program, as well as its collusion with US National Security Agency’s (NSA) sweeping spying programs.
Last week the European Union began investigating whether Britain had broken EU law following reports it had tapped international phone traffic and shared vast amounts of personal data with the US, an EU source told Reuters.
Viviane Reding, the vice-president of the European Commission and EU commissioner for justice, wrote to Hague asking him to clarify the “scope of the [Tempora surveillance] program, its proportionality and the extent of judicial oversight that applies.”
In Germany, where the US a reportedly combs through half a billion German phone calls, emails and text messages on a daily basis, NSA whistleblower Edward Snowden recently accused the country’s political leadership of ‘being in bed’ with the NSA.
On Wednesday Chancellor Angela Merkel defended Germany’s cooperation with US intelligence, dismissing charges its methods resembled those deployed in the former German Democratic Republic.
“For decades, intelligence services have been working together under certain conditions that are tightly regulated in our country, and this serves our security,” Merkel told the German weekly Die Zeit.
“For me, there is no comparison at all between the state security [Stasi] of the GDR and the work of intelligence services in democratic states,” she continued.
“These are completely different things and such comparisons only lead to a trivialization of what the state security did to people in East Germany,” she said.
With elections slated for September 22, the center-left opposition has pounced on the issue, claiming Merkel, whose office coordinates and oversees Germany’s intelligence services, must have known more about NSA operations.
Related article
- Veteran Luxembourg PM Juncker resigns in spy scandal (vietnamnews.vn)
UK has a CCTV for every 11 people
Press TV – July 10, 2013
Britain has a CCTV camera for every 11 people, a security industry report disclosed, as privacy campaigners criticized the growth of the “surveillance state”.
Britain has a CCTV camera for every 11 people including 750,000 in “sensitive locations” such as schools and hospitals, British Security Industry Authority (BSIA) says.
The BSIA said there are up to 5.9 million closed-circuit cameras across Britain dramatically raising the previous estimates that put the number of cameras somewhere between 1.5 million and four million.
“Because there is no single reliable source of data no number can ever be held as truly accurate however the middle of our range suggests that there are around five million cameras,” Simon Adcock, of the BSIA, said.
The revelations drew angry criticism from privacy campaigners Big Brother Watch who described the CCTV culture as a sign of an ailing democracy in Britain.
“This report is another stark reminder of how out of control our surveillance culture has become,” Big Brother Watch director Nick Pickles said.
“With potentially more than five million CCTV cameras across country, including more than 300,000 cameras in schools, we are being monitored in a way that few people would recognize as a part of a healthy democratic society,” he added.
Pickles also compared the situation to the dystopia represented in George Orwell’s 1984 novel.
“This report should be a wakeup call that in modern Britain there are people in positions of responsibility who seem to think ‘1984’ was an instruction manual,” he said.
The novel pictures a society where every single private move of the citizens in the then future Britain of 1984 is monitored by the eye of the state.
Related article
Tens of Thousands of California Inmates Join Pelican Bay Hunger Strikers
A Black Agenda Radio commentary by executive editor Glen Ford | July 10, 2013
About 30,000 California prisoners have joined the hunger strike begun, on Monday, by inmates at the Secure Housing Units at Pelican Bay. That’s more than four times as many as joined Pelican Bay inmates in their first hunger strike, in July of 2011, and two and a half times the number that struck in October of that year. So far, two-thirds of the state’s prisons have been affected.
The Pelican Bay inmates carry a certain moral authority, in that they represent the most long-suffering, intensely persecuted group in the largest and most barbaric prison system in the world – the approximately 80,000 U.S. prison inmates held under solitary confinement. Pelican Bay is the site of more than 1,000 solitary confinement cells, where prisoners are isolated from other human contact for at least 22 and a half hours a day. Around the state, about 4,500 people are held in Special Housing Units, or SHUs, with 6,000 more enduring some other form of solitary. Some of the SHU inmates have not seen the natural light of day for more than 20 years.
The State calls the SHU inmates the “worst of the worst” in order to justify a punishment regime more barbaric, in many respects, than any in recorded history – a massive, multi-billion dollar enterprise whose mission is to destroy the minds of men and women. Inmates are locked away for years on end for possession of literature, or for mere suspicion of political militancy. By far the largest number of SHU inmates are accused of belonging to gangs, and can only be released from solitary by accusing other inmates of gang affiliation – a process that is euphemistically called “debriefing” – thus turning everyone into a potential snitch against everyone else.
Prison is the ultimate surveillance regime, a place where the sense of self, of human agency, and of privacy is systematically crushed, in the name of security. It is no coincidence that the world’s prison superpower, the United States, which accounts for one out of every four incarcerated persons on the planet, is also engaged in spying on every other nation and population on Earth. It is as if the United States is determined to surveil – with the implicit threat to crush – every expression of the human soul.
Both U.S. global surveillance and American prison policies violate international law. The Center for Constitutional Rights has sued on behalf of the Pelican Bay inmates, citing the finding by the United Nations Special Rapporteur on Torture that any more than 15 days of solitary confinement violates international standards of human rights.
California’s inmates aren’t waiting for the UN or the courts to come to the rescue. They’ve issued five core demands, with elimination of long-term solitary confinement at the top, and insist that the hunger strike will not end until California signs a legally binding agreement. The very concept of negotiation with inmates is anathema to the Prison State, whose goal is to reduce human beings to objects, with no rights whatsoever. The Pelican Bay inmates have concluded that, if they are to have any chance to live, they must be prepared to die.
Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
Father and 7-year-old son illegally detained in occupied Hebron
International Solidarity Movement | July 10, 2013
Hebron, Occupied Palestine – On July 9th at around 4pm in occupied Hebron, Israeli soldiers arrested and held a seven-year-old boy in their military base along with his father. They kept the father handcuffed and blindfolded, and transferred them to the checkpoint separating the Israeli and Palestinian controlled areas of Hebron – Checkpoint 56 – and interrogated both of them while they waited for District Coordination Office (DCO) – the liasion for the Palestinian Authority.
Israeli soldiers escorting Abu karem and his son to checkpoint 56 (Photo by ISM)
The young boy, Wadia, allegedly threw stones at soldiers, which precipitated his arrest. Bystanders say that Wadia threw a stone at a dog and a nearby soldier accused the Wadia of throwing stones at her. The soldiers handcuffed and blindfolded Wadia’s father, Abu Karam Maswathi, and transported both of them to the nearby military base where they were briefly held and questioned – this in spite of the fact the children under 12 cannot be arrested and charged with a crime under Israeli law[i].
While the soldiers led the father and son from the military base, Abu Karam was still blindfolded and handcuffed even though he was not technically being detained, which is said to be illegal under Israeli law. The two were led to Checkpoint 56 to await their release to the DCO, which is standard procedure for child arrests. However, today they were surrounded by around ten soldiers, who could be seen interrogating the detainees and trying to prevent internationals from filming. An Israeli military commander later arrived on the scene and reprimanded the soldiers for handcuffing and blindfolding Abu Karam in front of the international human rights workers because it’s “bad PR.”
All this for a 7-year-old child allegedly throwing a stone.
[i]“Israel Police Treatment of Juveniles during the Period of Disengagement.” Israeli Ministry of Foreign Affairs. State of Israel, 15 Aug. 2005. Web. 09 July 2013.
Supreme Court asked to end NSA spying program
RTAmerica · July 9, 2013
The National Security Agency continues to experience fallout for the surveillance programs which spy on millions of American’s phone records and online activities, and this time the Electronic Privacy Information Center is filing an emergency petition to end the spy program. Alan Butler, Appellate Advocacy Counsel for EPIC, joins us with the details on the demand.
Find RT America in your area: http://rt.com/where-to-watch/
Or watch us online: http://rt.com/on-air/rt-america-air/
Follow us on Twitter http://twitter.com/RT_America
Mossad agents detained Gaza man in Sinai
Ma’an – 10/07/2013
BETHLEHEM – Israeli Mossad agents detained a Palestinian in Egypt’s Sinai in June, Israeli media reported Wednesday.
An Israeli judge cleared news of the arrest for publication on Wednesday. Wael Abu Rida was detained on suspicion of “offenses of national security,” the Israeli daily Yedioth Ahronoth reported.
A magistrates’ court in Beersheba on Wednesday extended Abu Rida’s remand by eight days, the report said.
Judge Yuval Livadaro allowed the publication of some details in Israeli media, but extended the gag order of other details by 10 days.
The detainee’s wife, Amani Abu Rida, had told Ma’an on July 3 that her husband disappeared during a visit to Egypt for medical treatment.
The couple traveled together to Egypt on June 6. Wael Abu Rida suffers cerebral atrophy and sought treatment at a hospital in central Sinai, his wife said.
On June 21, Wael received a phone call and left without returning, his wife said.
The family later received a phone call from the International Committee of the Red Cross informing them that Wael was in Israeli custody, without giving any reason for the arrest.
After the phone call, Amani returned to the Gaza Strip.
A Secret Court Making Secret Laws? That’s No Democracy
By Mike Masnick | TechDirt | July 8th 2013
Last December, well before the Ed Snowden leaks revealed some information about the FISA court (FISC) and its rulings, we had already noted that the court itself was almost certainly unconstitutional. More recently, we talked about how the fact that all the court’s judges are appointed by the Chief Justice of the Supreme Court means that the court has turned into a rubber stamp made in the image of some of the most “law and order”-minded Chief Justices from the past few decades. Ezra Klein has since expanded on that to discuss the oddity of how current Chief Justice John Roberts is basically the Chief Justice of the Surveillance State, answerable to absolutely no one: “You have exclusive, unaccountable, lifetime power to shape the surveillance state.”
Over the weekend, the NY Times put out a powerful piece discussing how FISC has basically become a shadow Supreme Court, doling out all sorts of important rulings in total secrecy. It rules on cases where it only hears one side, and where there are no appeals, no guarantee that the full story is presented, and involves a bunch of judges who tend to have law enforcement backgrounds before being appointed to the court. In the end, you have a secret court issuing secret rulings by ex-law enforcement officials, allowing their former colleagues ever greater power to spy on everyone.
The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.
[….] Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public. A Court of Review is empaneled to hear appeals, but that is known to have happened only a handful of times in the court’s history, and no case has ever been taken to the Supreme Court. In fact, it is not clear in all circumstances whether Internet and phone companies that are turning over the reams of data even have the right to appear before the FISA court.
As an example of how FISC has basically completely overturned the rules of surveillance in secret, the NY Times reveals the details of some of its thinking, taking a extremely narrow ruling meant to apply in special cases, and turning it into a general rule that has allowed the vast capture of information:
In one of the court’s most important decisions, the judges have expanded the use in terrorism cases of a legal principle known as the “special needs” doctrine and carved out an exception to the Fourth Amendment’s requirement of a warrant for searches and seizures, the officials said.
The special needs doctrine was originally established in 1989 by the Supreme Court in a ruling allowing the drug testing of railway workers, finding that a minimal intrusion on privacy was justified by the government’s need to combat an overriding public danger. Applying that concept more broadly, the FISA judges have ruled that the N.S.A.’s collection and examination of Americans’ communications data to track possible terrorists does not run afoul of the Fourth Amendment, the officials said.
That legal interpretation is significant, several outside legal experts said, because it uses a relatively narrow area of the law — used to justify airport screenings, for instance, or drunken-driving checkpoints — and applies it much more broadly, in secret, to the wholesale collection of communications in pursuit of terrorism suspects. “It seems like a legal stretch,” William C. Banks, a national security law expert at Syracuse University, said in response to a description of the decision. “It’s another way of tilting the scales toward the government in its access to all this data.”
I don’t care where you come down on the importance of widespread surveillance — I just don’t see how you can possibly square the above interpretation of the law with the 4th Amendment. If “special needs” can be used to justify mass collection of data on just about everyone “just in case” it might stop some sort of terrorist attack, then you no longer have a 4th Amendment. At all.
But, the bigger issue here is just the fact that we have a secret court issuing secret interpretations of the law that have a massive impact on our privacy. This is supposed to be an open democracy. An open democracy doesn’t involve secret courts and secret laws. We have laws that everyone knows, and which the public can discuss and weigh in on through their elected officials. When you set up a secret court, making secret rules with no oversight, and with all of the judges appointed by a single Supreme Court Justice with a particular bias, you no longer have a functioning democracy at all. And that’s downright scary.
This is a point that some Senators have been making for years now, but the leaks from Ed Snowden have really made it that much clearer just how insane the situation is. Earlier, it had seemed like perhaps there was one or two rulings from FISC that had some oddities in the interpretation, and which should probably be revealed to the public. However, the various revelations so far suggest that the issue is much, much bigger, and we have a secret “shadow court” system that is systematically obliterating the 4th Amendment and helping to create and then “legitimize” the vast surveillance state.
The Snowden leaks have shone a number of lights on various bad things within our government, but one thing that they have made abundantly clear is that the FISC needs to go. Whether that means it needs to be opened up, or to have greater oversight, or just be done away with completely, could be up for discussion. But if it remains the way it is, it’s clear that we’ve thrown away our basic democratic principles, and moved towards the same sorts of autocratic regimes with secret courts that the US has always presented itself as being against.
Related article
- Five unanswered questions about the NSA’s surveillance programs (alethonews.wordpress.com)
Federal Judge Allows EFF’s NSA Mass Spying Case to Proceed
Rejects Government’s State Secret Privilege Claims in Jewel v. NSA and Shubert v. Obama
EFF | July 8, 2013
San Francisco – A federal judge today rejected the U.S. government’s latest attempt to dismiss the Electronic Frontier Foundation’s (EFF’s) long-running challenge to the government’s illegal dragnet surveillance programs. Today’s ruling means the allegations at the heart of the Jewel case move forward under the supervision of a public federal court.
“The court rightly found that the traditional legal system can determine the legality of the mass, dragnet surveillance of innocent Americans and rejected the government’s invocation of the state secrets privilege to have the case dismissed,” said Cindy Cohn, EFF’s Legal Director. “Over the last month, we came face-to-face with new details of mass, untargeted collection of phone and Internet records, substantially confirmed by the Director of National Intelligence. Today’s decision sets the stage for finally getting a ruling that can stop the dragnet surveillance and restore Americans’ constitutional rights.”
In the ruling, Judge Jeffrey White of the Northern District of California federal court agreed with EFF that the very subject matter of the lawsuit is not a state secret, and any properly classified details can be litigated under the procedures of the Foreign Intelligence Surveillance Act (FISA). As Judge White wrote in the decision, “Congress intended for FISA to displace the common law rules such as the state secrets privilege with regard to matter within FISA’s purview.” While the court allowed the constitutional questions to go forward, it also dismissed some of the statutory claims. A status conference is set for August 23.
EFF’s Jewel case is joined in the litigation with another case, Shubert v. Obama.
“We are pleased that the court found that FISA overrides the state secrets privilege and look forward to addressing the substance of the illegal mass surveillance,” said counsel for Shubert, Ilann Maazel of Emery Celli Brinckerhoff & Abady LLP. “The American people deserve their day in court.”
Filed in 2008, Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA. The case is supported by declarations from three NSA whistleblowers along with a mountain of other evidence. The recent blockbuster revelations about the extent of the NSA spying on telecommunications and Internet activities also bolster EFF’s case.
For the full decision:
https://www.eff.org/node/74895
For more on Jewel v. NSA:
https://www.eff.org/cases/jewel
Five unanswered questions about the NSA’s surveillance programs
By Brendan Sasso | The Hill | 07/07/13
Leaks by former National Security Agency contractor Edward Snowden have provided new insight into how the government monitors domestic and foreign communications for threats to national security.
Although the government has disclosed some additional details about the programs in response to the leaks, important questions remain about the nature and scope of the surveillance programs.
Without that additional information, it is impossible to know the extent to which the government is peering into the lives of Americans in the name of national security, according to privacy advocates.
1. What other data is being collected under the Patriot Act?
The first leak from Snowden was a secret court order demanding that Verizon turn over vast batches of “metadata” on its U.S. customers. The data included the time and duration of calls, as well as the phone numbers involved, but not the contents of the conversations. The data collection was authorized under Section 215 of the Patriot Act.
The Director of National Intelligence (DNI) clarified that while the government does obtain data on millions of U.S. phone calls (and from more companies than just Verizon), it only “queries” the database a limited number of times for specific national security reasons.
Michelle Richardson, a legislative counsel for the American Civil Liberties Union (ACLU), questioned whether the NSA is using Section 215 to collect more than just phone records.
“Is it also financial data or Internet records or other things?” she asked. “Knowing now that the court has been so broad in its interpretation, it’s even more important to figure out what else they’re getting.”
Greg Nojeim, a senior counsel for the Center for Democracy and Technology, said the NSA is likely using the Patriot Act to collect the credit card records and IP addresses of millions of people within and outside of the United States.
2. How broad are the programs?
How many people have been spied on through the NSA programs remains unclear. According to the NSA, it queried its massive database of phone records fewer than 300 times in 2012. But the agency did not disclose figures on other years or how many phone numbers were accessed in those queries.
Richardson explained that a single query could be an algorithm that scans the database and returns information on many people.
The other major program revealed by Snowden is the NSA’s Internet surveillance program, called PRISM. Unlike the phone record collection program under the Patriot Act, the NSA uses PRISM to access the contents of communications, such as emails, video chats, photographs and other information.
According to the DNI, the NSA only accesses those online records if there is a “foreign intelligence purpose” and the target is “reasonably believed” to be outside of the U.S. The program is authorized by Section 702 of the Foreign Intelligence Surveillance Act, and the searches require approval by a secret FISA court.
The NSA has not disclosed how many people it has targeted under Section 702 or how many people were spied on incidentally as part of the program.
“We have no idea how many U.S. persons have had their communications swept up,” said Sharon Bradford Franklin, senior counsel for the Constitution Project.
3. What’s the legal rationale?
The NSA has insisted the surveillance programs comply with the law and are overseen by independent FISA courts. But the opinions of those courts are secret, so little is known about how the courts are enforcing privacy protections or why they signed off on certain surveillance methods.
Section 215 of the Patriot Act allows the government to collect business records if they are “relevant” to a terrorism investigation. The FISA courts have determined that that provision allows the NSA to collect records on virtually all phone calls within and outside of the U.S. Why the court determined that so much data is “relevant” to a terrorism investigation remains unclear.
“Generally we don’t know the legal rationale being offered by the administration and being accepted by the FISA court to justify these particular types of surveillance programs,” Bradford Franklin said. “We should not have secret law in a democracy.”
4. Is the NSA still collecting email records?
One of the latest leaks revealed that beginning in 2001, the NSA collected vast amounts of email records. The NSA was able to identify the email accounts that sent and received messages, as well as IP addresses. The data collection did not include the contents of the emails.
The Obama administration confirmed the existence of the program, but said it ended in 2011 for “operational and resource reasons.”
One major question, according to privacy advocates, is whether the government is still able to obtain similar email records through a separate program.
5. Are there other programs that we don’t know about?
Although the NSA has provided some details about the programs leaked by Snowden, it is unclear what other programs exist and how they work together as part of a broad surveillance strategy.
“There’s this giant surveillance superstructure out there that we’re finally getting glimpses of, but there’s still a lot of questions of how does the whole thing work,” Richardson said.
Related articles
Ten homes invaded, three arrested in night invasion of Talfit
International Solidarity Movement | July 8, 2013
Talfit, Occupied Palestine – In the early hours of Wednesday 3rd of July, the Israeli army conducted a large scale incursion into the northern West Bank village of Talfit, invading and trashing ten houses and arresting three men. The families of these prisoners have not heard from them in the five days since they have been in Israeli custody and their current whereabouts and legal status are unknown.
Abdallah’s father with a picture of his imprisoned son (Photo by ISM)
In a sustained invasion from around 1am to 5am, around one hundred soldiers entered the village of Talfit in a number of jeeps, heavily armed and with police dogs. At least ten families, many with young children, were forced by the military to wait in the street for many hours whilst soldiers ransacked their homes.
Twenty-six year old Abdallah Mohammed Najeeb, who works as a nurse in a Nablus hospital, was one of the three men arrested during this night invasion. He was sleeping in his home at 1am when thirty soldiers came to the door, breaking it down with an air pump and flooding into the house with dogs. According to Abdallah’s father, the soldiers ordered all ten family members, including three children under the age of four, to stand on the road for several hours; during this time, some soldiers questioned the family, whilst others were inside overturning furniture and pulling the house apart. After some time, Abdallah was forced into the jeep, wearing just his sleeping clothes and no shoes. He was driven away – along with two other men who were arrested from homes nearby – and no one has heard from them since. No justification or explanation of their arrests was given.
The father of another family had his identity card and driving license confiscated by a military commander, who stated as he took them: “you have no ID”. These will cost at least 800 shekels to replace and in the meantime he will not be able to continue his work as a driver because now he does not have the required documents to legally do so. “The soldiers shouted at them and let the dogs come very near the children – they were so afraid” said the mother of the family about her two children aged three and five, who had been ordered outside for several hours.
Several doors of homes had sound grenades thrown at them and some were physically broken in. Of the many houses that were violently searched, destroying property and furniture, some thefts by the Israeli military were also reported; money, mobile phones and even a family photo album in one case. Computers in several houses were dismantled but not removed.
Israeli military night invasions are a regular occurrence in the villages and cities of the West Bank, even those, such as Talfit, that are in Area A, thus supposedly under full Palestinian civil and security control and the Israeli authorities have no jurisdiction. The village of Talfit currently has around twenty people being held in Israeli jails, some for many years. Some are arrested with no justification whilst others are political prisoners who have been imprisoned for exercising their right to resist occupation. Under the Israeli system, Palestinians are tried in military courts, or can be held indefinitely without charge under “administrative detention”.
Related articles
- Report: 1,790 Palestinians Kidnapped, 16 Killed, In First Half of 2013 (alethonews.wordpress.com)
- Report details ill-treatment of Palestinian children by Israeli forces (alethonews.wordpress.com)
Featured Video
Why Hamas Really Attacked Israel on Oct. 7
or go to
Aletho News Archives – Video-Images
From the Archives
Israel: Strategic Ally or Liability?
By Stephen Sniegoski | My Catbird Seat | June 12, 2010
The claim that Israel serves as a valuable ally for the United States is made by both pro-Zionists and much of the anti-war and anti-Zionist Left that is influenced by Noam Chomsky. As a result of the Gaza flotilla massacre, which has caused a world-wide uproar against Israel, the value of Israel to the United States is being publicly questioned in more mainstream foreign policy forums. … continue
Blog Roll
Aletho News- Why Hamas Really Attacked Israel on Oct. 7
- Declassified UK exposes British man who fought for ‘Israel’ in Gaza
- West’s death cult in a theater near you
- How the Yandex ‘Russian bots’ lie fell apart
- Burnham’s ‘Russia did Brexit’ ruse crumbles
- Estonia making movies and games to encourage war against Russia
- Four in five new UK jobs taken by foreigners – report
- Here’s what Trump’s latest U-turn really means for Russia and Ukraine
- The Houthis Are Not an Iranian Proxy
- Europe’s Energy Hypocrisy, Russian LNG Profits and US Dependence
- If Americans Knew
- Activists Abused By Israel Return to New Freedom Flotilla Mission
- 60 Minutes won’t tell the full truth about Israeli settler violence
- Nearly 50,000 women, girls killed or severely injured in Gaza since October 2023: UN Women
- ADL is working with AI companies to suppress alleged ‘antisemitism’
- Israeli occupation forces using social media surveillance unit to target hundreds of Palestinians in the West Bank
- Israel’s New – and Terrifying – Security Doctrine
- Israeli Attacks Kill Five in Gaza, Including a four-year-old and a woman
- Air Force Major Who Called for Trump’s Impeachment Held in Solitary Confinement
- It’s a Genocide, I’m Into It’: Seinfeld Mocks Protest over Palestinian Children Killed
- Universities fire dozens amid pressure from Zionist billionaires
- No Tricks Zone
- New Study Suggests Large Regions Of The Pacific Ocean Have Been Cooling For The Last 80 Years
- Germany’s Green Energy Debacle: High Energy Costs Force Kahla Porzellan to Close After 182 Years!
- New Study: 50 Years Of The Most Aggressive ‘Net Zero’ Policies Can Only Affect The Global Climate By 0.03°C
- US September “Heat” Was No Record…Many Records Set Decades Ago
- Latest European Green Energy Debacle; Portugal’s Largest Flagship Solar Park Insolvent!
- Green Energy Debacle: German Expert Professor Fritz Vahrenholt Warns Of Severe Economic And Social Consequences
- Two More Paleo Reconstructions Affirm Meters-Higher Sea Levels Across Ireland, Brazil 7000-6000 Years Ago
- New Study: Earth And Venus Surface Warmth Largely Explained By Convection And Lapse Rate, Not CO2 Or Radiation
- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
