Brazil has expressed serious concerns over a report which says the United States has been spying on Brazilian companies and individuals for a decade.
Brazil’s O Globo newspaper reported on Sunday that the US National Security Agency (NSA) has collected data on billions of telephone and email conversations in the South American country.
The Globo report said that information released by US surveillance whistleblower Edward Snowden reveals that the number of telephone and email messages logged by the NSA in the 10-year period was near to the 2.3 billion captured in the US.
Brazilian Foreign Minister Antonio Patriota expressed “deep concern at the report that electronic and telephone communications of Brazilian citizens are being the object of espionage by organs of American intelligence.”
“The Brazilian government has asked for clarifications” through the US Embassy in Brasilia and the Brazilian Embassy in Washington, he said.
Patriota also said Brazil will ask the United Nations for measures “to impede abuses and protect the privacy” of Internet users, laying down rules for governments “to guarantee cybernetic security that protects the rights of citizens and preserves the sovereignty of all countries.”
The US Embassy in Brazil refused to comment over the issue.
But the Office of the Director of National Intelligence in the United States issued a statement saying, “The US government will respond through diplomatic channels to our partners and allies in the Americas … While we are not going to comment publicly on specific alleged intelligence activities, as a matter of policy we have made clear that the United States gathers foreign intelligence of the type gathered by all nations.”
The chairman of the US Joint Chiefs of Staff, Gen. Martin Dempsey, admitted on Sunday that Snowden’s exposés have seriously damaged US ties with other countries. “There has been damage. I don’t think we actually have been able to determine the depth of that damage.”
Snowden, a former CIA employee, leaked two top secret US government spying programs under which the NSA and the Federal Bureau of Investigation (FBI) are eavesdropping on millions of American and European phone records and the Internet data from major Internet companies such as Facebook, Yahoo, Google, Apple, and Microsoft.
On June 9, Snowden admitted his role in the leaks in a 12-minute video recorded interview published by The Guardian.
In the interview, he denounced what he described as systematic surveillance of innocent US citizens, saying his “sole motive is to inform the public as to that which is done in their name and that which is done against them.”
The NSA scandal took even broader dimensions when Snowden revealed information about its espionage activities targeting friendly countries.
Snowden has been holed up at Moscow’s Sheremetyevo Airport since June 23 when he travelled from Hong Kong to avoid US extradition.
He has already sought asylum in more than two dozen countries. Washington has asked these countries not to provide asylum to Snowden.
Three Latin American countries — Nicaragua, Bolivia, and Venezuela — have offered to grant asylum to Snowden.
July 8, 2013
Posted by aletho |
Civil Liberties, Corruption, Deception | Antonio Patriota, Brazil, Federal Bureau of Investigation, National Security Agency, NSA, Snowden, United States |
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When Customs and Border Protection (CPB) first got its drones, the rationale for the acquisition was that the unmanned aircraft would help improve monitoring and surveillance along the U.S.-Mexico border.
But now, CPB may be thinking about arming its Predator drones with “non-lethal weapons.”
The Electronic Frontier Foundation (EFF) obtained a report produced by CPB in 2010 that shows the agency has considered equipping its Predators with “non-lethal weapons designed to immobilize” targets of interest. Given the date of the report, it is possible that the weaponization has already taken place.
Predators were first developed for the U.S. military in the 1990s, and are designed to fire missiles, such as the Hellfire. It is unclear at this time what kind of weaponization CPB has in mind for the drones.
Whatever their plans are, “CBP needs to assure the public that it will not equip its Predators with any weapons—lethal or otherwise,” wrote EFF’s Jennifer Lynch. If it doesn’t, Congress should halt the expansion of CBP’s Predator drone program, EFF argues.
July 7, 2013
Posted by aletho |
Civil Liberties, Full Spectrum Dominance, Militarism | CPB, Electronic Frontier Foundation, Non-lethal weapon, U.S. Customs and Border Protection, Unmanned aerial vehicle |
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AT&T has announced that it will begin selling customers’ smart phone data to the highest bidder, putting the telecommunications giant in line with Verizon, Facebook and other competitors that quietly use a consumer’s history for marketing purposes.
The company claims its new privacy policy, to be updated within “the next few weeks,” exists to “deliver more relevant advertising” to users based on which apps they use and their location, which is provided by GPS-tracking. Apparently recognizing the natural privacy concerns a customer might have, AT&T assured the public that all data would be aggregated and made anonymous to prevent individual identification.
A letter to customers, for instance, described how someone identified as a movie fan will be sent personalized ads for a nearby cinema.
“People who live in a particular geographic area might appear to be very interested in movies, thanks to collective information that shows wireless devices from that area are often located in the vicinity of movie theaters,” the letter states. “We might create a ‘movie’ characteristic for that area, and deliver movie ads to the people who live there.”
A June 28 blog post from AT&T’s chief privacy officer Bob Quinn said the new policy will focus on “Providing You Service and Improving Our Network and Services,” but the online reaction has been overwhelmingly negative, with many customers looking for a way to avoid the new conditions.
“You require that we allow you to store a persistent cookie of your choosing in our web browsers to opt out,” one person wrote. “No mention of how other HTTP clients, such as email clients, can opt out. If you really did care about your customers, you would provide a way for us to opt out all traffic to/from our connection and mobile devices in one easy setting.”
One problem for any customer hoping for a new service is the lack of options, smartphone or otherwise. Facebook, Google, Twitter and Verizon each store consumer data for purposes that have not yet been made clear. And because of the profit potential that exists when a customer blindly trusts a company with their data, small Internet start-ups, including AirSage and many others, have developed a way to streamline information into dollars.
The nefarious aspect of AT&T’s announcement is underscored by the recent headlines around the National Security Agency, which has spent years has compelling wireless corporations to hand over data collected on millions of Americans. Unfortunately for the privacy of those concerned, AT&T’s new policy may only be a sign of things to come.
“Instead of merely offering customers a trusted conduit for communication, carriers are coming to see subscribers as sources of data that can be mined for profit, a practice more common among providers of free online services like Google and Facebook,” the Wall Street Journal wrote about the matter in May.
July 7, 2013
Posted by aletho |
Civil Liberties, Deception, Full Spectrum Dominance | AT&T, Facebook, Google, Information Technology, Intelligence, Internet, National Security Agency, Social networks, USA, Verizon Communications |
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U.S. intelligence leaker Edward Snowden said the National Security Agency (NSA) has massive spying partnerships with other Western states that are now grumbling about the agency’s surveillance programs.
He made the comments in an interview with U.S. cryptography expert Jacob Appelbaum and documentary filmmaker Laura Poitras before revealing the NSA’s internal and global surveillance programs last month.
NSA spies are “in bed together with the Germans and most other Western states,” Snowden said in remarks published by the German news weekly Der Spiegel on Sunday.
The fugitive leaker added that the NSA has a department called the Foreign Affairs Directorate which coordinates work with Western spying agencies.
Snowden said the NSA, for example, provides Germany’s BND foreign intelligence agency with “analysis tools” for data passing from regions like the Middle East through Germany.
The former NSA contractor has also revealed that the American agency spies on European Union offices in New York, Washington and Brussels, drawing ire from European leaders, especially Germany.
The NSA, according to top secret documents disclosed by Snowden, also collected around half a billion telephone calls, emails or mobile phone text messages and Internet chat entries in Germany per month.
Germany demanded an immediate explanation from the U.S. over the surveillance programs.
Justice minister, Sabine Leutheusser-Schnarrenberger, strongly condemned the U.S. spying, saying it was reminiscent of “the methods used by enemies during the Cold War.”
Snowden, 30, has reportedly holed up in the transit area of Moscow’s Sheremetyevo International Airport since arriving on a flight from Hong Kong on June 23. He is wanted in the US on espionage charges.
July 7, 2013
Posted by aletho |
Civil Liberties, Deception, Full Spectrum Dominance | European Union, Germany, Human rights, National Security Agency, NSA, Sabine Leutheusser-Schnarrenberger, United States |
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“I was subjected to the sounds of a woman screaming, I was led to believe that my wife was being tortured,” Moazzam Begg, a former Guantanamo Bay detainee has shared with RT.
The former inmate has shed light on some of the torturous detention techniques at Guantanamo. They include, being cavity searched and given directions on how to commit suicide.
Despite being physically and psychologically tortured by the guards in the US prison, Begg says prisoners find it in themselves to forgive the soldiers.
RT: What was your own stay like at the prison?
Moazzam Begg: Most of my time was spent in solitary confinement which meant being in a a cell that measured 6 foot by 8 foot which was windowless at that time, I did not have access to any meaningful communication with my family, I had no knowledge whether I was ever going to get charged or not, which I was not. At that time no lawyers were allowed. So for two and a half years there was no concept of facing any legal proceedings. But now the situation has changed a lot.
RT: During that time would you claim that you were tortured or abused?
MB: I say that everybody who’s been held in Guantanamo has been tortured or abused in one way. When I was first taken into custody, it was the most torturous process I think that any person can imagine. It meant being stripped naked, it meant your body being searched, cavity searched as they called it. Having your hair shaved off, being punched and kicked and being spat upon. On one occasion it was in background facility before I went to Guantanamo, I was subjected to the sounds of a woman screaming, I was led to believe that my wife was being tortured. So everybody in a sense is being tortured and the worst sort of torture is the psychological of course sort in which you are in solitary confinement torture unable to know what you have done for which you’re paying the ultimate price which is your freedom.
RT: One prisoner claims that he and others have been sexually assaulted during searches. Have you ever witnessed anything like that?
MB: Certainly, every prisoner will say that he has had invasive cavity searches. Across the board 779 men if you were to ask them, did this happen to them, they would say yes it happened to us at various junctures of detention. The particular prisoner, his name is Younous Chekkouri , he is from Morocco, is saying precisely this, but of course it is a violation of his dignity. I believe that the term rape has been used in a broader sense, meaning that objects have been inserted into a person which are extremely painful and degrading too.
RT: We’ve heard an ex-military official say the prison’s a recruiting ground for al-Qaeda. Would you agree?
MB: It is bizarre, President Obama has recently visited Robben Island and he actually was in a cell where Nelson Mandela was. He actually wrote in the visitor’s book that nothing could break the strength of the human spirit, not even shackles or chains. But he forgot to add – unless you happened to be in our shackles and chains and in our cells. Of course, this is the sort of thing that will make people angry. But if you look at over 600 prisoners that have been released from Guantanamo, almost everybody has returned not to begin a life of terrorism or recidivism, as they call it, but actually stretch out their hands toward former Guantanamo soldiers, guards and interrogators. I had former Guantanamo guards coming to my house and meet the children that they prevented me from seeing when they were born. This is the sort of nature of the Guantanamo prisoners, we are extremely forgiving.
RT: It seems that hunger strikers in Guantanamo are prepared to die. Did you think you’d die there?
MB: I think many times that the administration there suggested to us, I was just once told that I had a thought about committing a suicide and they told me how I could commit suicide if I felt so down. Clearly the prisoners have moved along since that point, but clearly prisoners have died, nine people have died in Guantanamo. If the hunger strikes continue in the way that they are, then force-feeding is not the solution. The solution is to give them justice and that is the reason why they are doing it. They are not doing it because of all the abuses, those are peripheral, they are doing it because they have been held for almost 12 years now without charge or trial in any legal, normative system.
July 6, 2013
Posted by aletho |
Civil Liberties, Subjugation - Torture, Timeless or most popular, War Crimes | Guantanamo, Guantanamo Bay detention camp, Human rights, Moazzam Begg, Robben Island, RT, Solitary confinement, USA |
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Today, the European Parliament held a three-hour long debate on PRISM, Tempora and what the EU response should be. Many wanted TAFTA/TTIP put on hold; others didn’t. But one theme cropped up again and again: the need for strong data protection laws that would offer at least some legal protection against massive and unregulated transfer of Europeans’ personal data to the US.
As Techdirt readers may recall, the EU’s Data Protection Regulation was already contentious even before Ed Snowden revealed the scale of US and UK spying on EU citizens. The new focus on passing it soon only intensifies the battle going on there between those who want to introduce meaningful constraints on what can be done with EU data, and those who seem happier to listen to lobbyists and allow personal information to flow across the Atlantic largely unchecked. But it looks like the politicians have come up with a way to avoid public debate on the matter, as Monica Horten at Iptegrity.com reports:
Secret trilogue negotiations between the European Parliament and the Council of Ministers are being proposed as a way to get around the impasse of 3000+ amendments on the Data Protection Regulation.
As Horten explains:
trilogues are held in secret, behind closed doors, and the only people allowed in are the rapporteur [the lead MEP representing the European Parliament] and his shadows, the Commissioner, the Presidency, and selected advisers from each institution. The trilogue discussions are not made public.
As well as being reprehensible — if anything needed to be conducted in public, this did — it may be against the EU’s own rules:
trilogues cannot start before the responsible committee has given a mandate. That’s what’s a little bit odd here. The mandate can only be given when the committee votes in October.
But the Brussels rumour mill is suggesting that there could be a move to begin trilogues on the Data Protection Regulation before October, without waiting for the committee mandate.
That might solve the problem of avoiding high-profile arguments over what should be in the Regulation, but it would also place anything that comes out of these secret negotiations on a questionable footing:
it would be a breach of Parliamentary process, and especially egregious given that this law deals with fundamental rights.
In any event, the rapporteur does not have to agree to trilogues. It is an option.
In other words, nobody really knows what will happen here. Call it the Snowden Effect: anything relating even indirectly to his case seems to become more complex and unpredictable….Follow me @glynmoody on Twitter or identi.ca, and on Google+
July 6, 2013
Posted by aletho |
Civil Liberties, Deception | European Parliament, European Union, Human rights, Techdirt |
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California had its chance, but now Montana has become the first state in the U.S. to require that police obtain a search warrant before using a person’s cellphone records to track their whereabouts.
The new law mandates that law enforcement have probable cause before asking a judge for a warrant that permits the examination of metadata collected by telecommunications companies.
Police can ignore the law if the cellphone is reported stolen or if they are responding to an emergency call from the user.
Lawmakers in California adopted a similar law last year, but Democratic Governor Jerry Brown vetoed it, saying it did not “strike the right balance” between the needs of citizens and law enforcement.
Other states have also considered the legislation. In Maine, a location information privacy bill now awaits approval from the governor. Texas legislators rejected the idea, in spite of recently passing a bill that made its state the first in the nation to require a warrant for email surveillance. Massachusetts lawmakers plan to conduct a hearing on a measure that would require search warrants for location records as well as content of cellphone communications.
Federal legislation—the Geolocational Privacy & Surveillance Act (pdf)—was recently introduced in Congress, but neither the House nor the Senate has taken it seriously so far.
July 6, 2013
Posted by aletho |
Civil Liberties, Full Spectrum Dominance | California, Jerry Brown, Law Enforcement, Maine, Massachusetts, Montana, Probable cause, United States |
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As Washington officials continue to grapple with the fallout from the NSA scandal, it has been revealed that the US Postal Service photographs the outside of every piece of mail it processes each year – around 160 billion pieces annually.
At the request of law enforcement agencies, postal workers take pictures of the letters and packages before they are delivered, the New York Times reported.
The information is then stored for an indefinite period of time in the event a law enforcement official requests it. Each year, tens of thousands of pieces of mail are subjected to further scrutiny.
Reading the contents of a letter requires a court-ordered warrant, but in the case of ‘mail cover’ requests, law enforcement agencies submit a letter to the Postal Service, which “rarely denies a request.”
Although the ‘mail covers’ program has been around for nearly a century, its updated successor, the Mail Isolation Control and Tracking (MICT) program, was created in the aftermath of the anthrax attacks in late 2001 that killed five people, including two postal workers.
MICT requests are separated into two categories: those related to possible criminal activity and those that are meant to protect national security. Requests based on suspected criminal activity average 15,000 to 20,000 per year, unnamed law enforcement officials told the Times.
The number of requests for mail covers related to the fight against terrorism has not been made public.
Although law enforcement officials must have warrants to open private correspondence, former President George W. Bush signed off on a document in 2007 that gave the federal government the authority to open mail without warrants in “emergencies or in foreign intelligence cases.”
The Federal Bureau of Investigations revealed the existence of MICT last month in the course of an investigation over ricin-laced letters mailed to President Barack Obama and New York City mayor Michael Bloomberg.
News of the US Postal Service’s surveillance program comes as Washington is facing heated criticism over a formerly covert surveillance program that gave the National Security Agency (NSA), in cooperation with nine of the world’s largest internet companies, sweeping powers to collect data on telephone calls and internet habits of billions of people both at home and abroad.
The information was made public after former NSA contractor, Edward Snowden, blew the whistle on the activities.
Officials in the Obama administration, meanwhile, are attempting to justify the NSA’s surveillance programs, saying the electronic monitoring amounts to the same thing as examining the outside of a letter. At the very least, the program shows that traditional mail is held up to the same kind of scrutiny that the NSA has given to phone calls, e-mail and internet services.
“It’s a treasure trove of information,” James J. Wedick, a former FBI agent told The New York Times. “Looking at just the outside of letters and other mail, I can see who you bank with, who you communicate with — all kinds of useful information that gives investigators leads that they can then follow up on with a subpoena.”
But, he added: “It can be easily abused because it’s so easy to use and you don’t have to go through a judge to get the information. You just fill out a form.”
Bruce Schneier, a computer security expert and an author, called the program an invasion of privacy.
“Basically they are doing the same thing as the other programs, collecting the information on the outside of your mail, the metadata, if you will, of names, addresses, return addresses and postmark locations, which gives the government a pretty good map of your contacts, even if they aren’t reading the contents,” he told the US newspaper.
The surveillance requests on mail covers are granted for about 30 days, and can be extended for up to 120 days.
July 6, 2013
Posted by aletho |
Civil Liberties, Full Spectrum Dominance, Timeless or most popular | FBI, Federal Bureau of Investigation, National Security Agency, Obama, United States, USA |
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It’s been a few hundred years since the Third Amendment was written to keep King George from quartering British troops in American homes, but a lawsuit just filed in Nevada suggests it’s as relevant as ever.
The framers of the Constitution ratified the Third Amendment to ensure citizens would never again have to accommodate soldiers, but a few centuries later it’s become more-or-less an antiquated law that’s rarely referenced in federal court. That changed recently when a family from Henderson, Nevada accused the local police department of constitutional violations after officers of the law allegedly took residence in two neighborhood homes.
According to a legal filing first obtained by Courthouse News Service, a handful of Henderson Police Department officers and the city itself are being sued for an array of charges — including Third Amendment violations — over an incident that mirrors the making of the American Revolution.
Attorneys for the plaintiffs say police officers demanded they be allowed to occupy two homes owned by their clients on the city’s Eveningside Avenue in 2011 in order to conduct an investigation involving a neighbor’s residence. When the owners refused to comply with the request, they were reportedly arrested for obstruction and brought to jail.
Police were investigating an incident at 363 Eveningside Avenue that July when Officer Christopher Worley called up the occupant of a neighboring property, Anthony Mitchell, and said he’d need to use his house in order to gain a ‘tactical advantage’ over the neighbor’s residence. Mitchell reportedly made it clear that he did not want to get involved in the probe and told Worley he would not be able to offer assistance. According to the lawsuit, Officer David Cawthorn, Sgt. Michael Waller and Worley all then “conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use.”
“It was determined to move to 367 Eveningside and attempt to contact Mitchell. If Mitchell answered the door he would be asked to leave. If he refused to leave he would be arrested for Obstructing a Police Officer. If Mitchell refused to answer the door, force entry would be made and Mitchell would be arrested,” the report determined.
Moments later, the officers “arrayed themselves in front of plaintiff Anthony Mitchell’s house and prepared to execute their plan,” after which they “loudly commanded” they be let inside. Seconds later, Mitchell’s door was knocked down with a metal battering ram and the police entered his home.
“As plaintiff Anthony Mitchell stood in shock, the officers aimed their weapons at Anthony Mitchell and shouted obscenities at him and ordered him to lie down on the floor,” the suit alleges.
As the police moved into the home, Mitchell was reportedly called an “asshole” by the cops, ordered to crawl on the floor and then shot several times with non-lethal ‘pepperball rounds’ from close range. He was then arrested for obstructing an officer while the cops combed through his house without permission, but not before they also opened fire at the plaintiff’s dog, prompting it to howl “in fear and pain.”
At the same time, officers approached Anthony’s parents down the block at 362 Eveningside and asked father Michael Mitchell if he’d accompany them back to a local ‘command center’ to assist with negotiating the surrender of the neighbor suspected of domestic violence. When he got there, though, he became concerned that the cops had tricked him into leaving so they could try to gain access to yet another home. Michael Mitchell then tried to head back home, but when he left the command center he was arrested, handcuffed and placed in the back of a cop car.
Attorney for the family say there was no reasonable grounds to detain Michael Mitchell, nor probable cause to suspect him of committing any crime. That didn’t keep officers from holding both him and his son Anthony for nine hours, however, before they were ultimately released after posting bond.
All criminal counts against the Mitchells were later dismissed with prejudice, but the family has now lobbed charges of their own. Their attorney is asking for a trial by jury to hear the case and ideally award his clients punitive damages for violations of the Third, Fourth and Fourteenth Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress.
July 6, 2013
Posted by aletho |
Civil Liberties, Timeless or most popular | American Revolution, Courthouse News Service, Henderson Police Department, Police, USA |
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Next Tuesday, James Comey will have his first job interview for succeeding Robert Mueller as director of the FBI.
Members of the Senate Judiciary Committee will not only have the chance to determine whether Comey is qualified for the job—and we have our concerns—but an opportunity to examine what the FBI has become since 9/11 and whether it needs to change course over the next decade.
Over the past 12 years, the FBI has become a domestic intelligence agency with unprecedented power to peer into the lives of ordinary Americans and secretly amass data about people not suspected of any wrongdoing. The recent revelation about the FBI using the Patriot Act’s “business records provision” to track all U.S. telephone calls is only the latest in a long line of abuse stemming from the expanded powers granted to the bureau since September 2001.
These abuses and bad policies, however, do not get the attention they deserve, despite serious violations of people’s civil rights and liberties. Since 9/11, the ACLU has learned of persistent FBI abuses, including domestic spying, racial and religious profiling, biased counterterrorism training materials, politically motivated investigations, abusive detention and interrogation practices, and misuse of the No-Fly List to recruit informants.
We hope Congress and the new FBI director, whoever it is, will use the information provided as a starting point to conduct a thorough evaluation of the FBI’s post-9/11 authorities, policies, and practices to identify and curb any and all activities that are illegal, ineffective, or prone to misuse.
The choice between our civil liberties and our security is a false one: we can be both safe and free.
In the interest of highlighting the worst abuses that have occurred over the last 12 years, the ACLU has put together a factsheet:
The Ten Most Disturbing Things You Should Know About the FBI Since 9/11
USA Patriot Act Abuse
The recent revelation about the FBI using the Patriot Act’s “business records provision” to track all U.S. telephone calls is only the latest in a long line of abuse. Five Justice Department Inspector General audits documented widespread FBI misuse of Patriot Act authorities (1,2,3,4,5), and a federal district court recently struck down the National Security Letter (NSL) statute because of its unconstitutional gag orders. The IG also revealed the FBI’s unlawful use of “exigent letters” that claimed false emergencies to get private information without NSLs, but in 2009 the Justice Department secretly re-interpreted the law to allow the FBI to get this information without emergencies or legal process. Congress and the American public need to know the full scope of the FBI’s spying on Americans under the Patriot Act and all other surveillance authorities enacted since 9/11, like the FISA Amendments Act that underlies the PRISM program.
2008 Amendments to the Attorney General’s Guidelines
Attorney General Michael Mukasey re-wrote the FBI’s rulebook in the final months of the Bush administration, giving FBI agents unfettered authority to investigate people without any factual basis for suspecting wrongdoing. The 2008 Attorney General’s Guidelines created a new kind of intrusive investigation called an “assessment,” which required no “factual predicate” before FBI agents could search through government or commercial databases, conduct overt or covert FBI interviews, and task informants to gather information about people or infiltrate lawful organizations. In a two-year period from 2009 to 2011, the FBI opened over 82,000 “assessments” of individuals or organizations, less than 3,500 of which discovered information justifying further investigation.
Racial and Ethnic Mapping
The 2008 Attorney General’s Guidelines also authorized “domain management assessments” which allow the FBI to map American communities by race and ethnicity based on crass stereotypes about the crimes they are likely to commit. FBI documents obtained by the ACLU show the FBI mapped entire Chinese and Russian communities in San Francisco on the theory that they might commit organized crime, all Latino communities in New Jersey and Alabama because a street gang has Latino members, African Americans in Georgia to find “Black separatists,” and Middle-Eastern communities in Detroit for terrorism investigations. The FBI’s racial and ethnic mapping program is simply racial and religious profiling of entire communities.
Unrestrained Data Collection and Data Mining
The FBI has claimed the authority to secretly sweep up voluminous amounts of private information from data aggregators for data mining purposes. In 2007 the FBI said it amassed databases containing 1.5 billion records, which were predicted to grow to 6 billion records by 2012, or equal to “20 separate ‘records’ for each man, woman and child in the United States.” When Congress sought information about one of these programs, the FBI refused to give the Government Accountability Office access. That program was temporarily defunded, but its successor, the FBI Foreign Terrorist Tracking Task Force, currently has 360 staff members running 40 separate projects. Records show analysts are allowed to use data mining tools to establish “risk scores” for U.S. persons. A 2013 IG audit questioned the task force’s effectiveness, concluding it “did not always provide FBI field offices with timely and relevant information.”
Suppressing Internal Dissent: The FBI War on Whistleblowers
The FBI is exempt from the Whistleblower Protection Act. Though the law required it to establish internal mechanisms to protect whistleblowers, it has a long history of retaliating against them. As a result, a 2009 IG report found that 28 percent of non-supervisory FBI employees and 22 percent of FBI supervisors at the GS-14 and GS-15 levels “never” reported misconduct they have seen or heard about on the job. The FBI has also aggressively investigated whistleblowers from other agencies, leading to an unprecedented increase in Espionage Act prosecutions under the Obama administration, almost invariably targeting critics of government policies.
Targeting Journalists
The FBI’s overzealous pursuit of government whistleblowers has resulted in the inappropriate targeting of journalists for investigation, potentially chilling press freedoms. Recently, the FBI obtained records from 21 telephone lines used by over 100 Associated Press journalists, including the AP’s main number in the U.S. House of Representatives’ press gallery. And an FBI search warrant affidavit claimed Fox News reporter James Rosen aided, abetted, or co-conspired in criminal activity because of his news gathering activities, in an apparent attempt to circumvent legal restrictions designed to protect journalists. In 2010, the IG reported that the FBI unlawfully used an “exigent letter” to obtain the telephone records of seven New York Times and Washington Post reporters and researchers during a media leak investigation.
Thwarting Congressional Oversight
The FBI has thwarted congressional oversight by withholding information, limiting or delaying responses to members’ inquiries, or worse, by providing false or misleading information to Congress and the American public. Examples include false information regarding FBI investigations of domestic advocacy groups, misleading information about the FBI’s awareness of detainee abuse, and deceptive responses to questions about government surveillance authorities.
Targeting First Amendment Activity
Several ACLU Freedom of Information Act requests have uncovered significant evidence that the FBI has used its expanded authorities to target individuals and organizations because of their participation in First Amendment-protected activities. A 2010 IG report confirmed the FBI conducted inappropriate investigations of domestic advocacy groups engaged in environmental and anti-war activism, and falsified public responses to hide this fact. Other FBI documents showed FBI exploitation of community outreach programs to secretly collect information about law-abiding citizens, including a mosque outreach program specifically targeting American Muslims. Many of these abuses are likely a result of flawed FBI training materials and intelligence products that expressed anti-Muslim sentiments and falsely identified religious practices or other First Amendment activities as indicators of terrorism.
Proxy Detentions
The FBI increasingly operates outside the U.S., where its authorities are less clear and its activities much more difficult to monitor. Several troubling cases indicate that during the Bush administration the FBI requested, facilitated, and/or exploited the arrests and detention of U.S. citizens by foreign governments, often without charges, so they could be interrogated, sometimes tortured, then interviewed by FBI agents. The ACLU represents two victims of such activities. Amir Meshal was arrested at the Kenya border by a joint U.S., Kenyan, and Ethiopian task force in 2007, subjected to more than four months of detention, and transferred between three different East African countries without charge, access to counsel, or presentment before a judicial officer, all at the behest of the U.S. government. FBI agents interrogated Meshal more than thirty times during his detention. Similarly, Naji Hamdan, a Lebanese-American businessman, sat for interviews with the FBI several times before moving from Los Angeles to the United Arab Emirates in 2006. In 2008, he was arrested by U.A.E. security forces and held incommunicado for nearly three months, beaten, and tortured. At one point an American participated in his interrogation; Hamdan believed this person to be an FBI agent based on the interrogator’s knowledge of previous FBI interviews. Another case in 2010, involving an American teenager jailed in Kuwait, may indicate this activity has continued into the Obama administration.
Use of No Fly List to Pressure Americans Abroad to Become Informants
The number of U.S. persons on the No Fly List has more than doubled since 2009, and people mistakenly on the list are denied their due process rights to meaningfully challenge their inclusion. In many cases Americans only find out they are on the list while they are traveling abroad, which all but forces them to interact with the U.S. government from a position of extreme vulnerability, and often without easy access to counsel. Many of those prevented from flying home have been subjected to FBI interviews while they sought assistance from U.S. Embassies to return. In those interviews, FBI agents sometimes offer to take people off the No Fly List if they agree to become an FBI informant. In 2010 the ACLU and its affiliates filed a lawsuit on behalf of 10 American citizens and permanent residents, including several U.S. military veterans, seven of whom were prevented from returning home until the suit was filed. We argue that barring them from flying without due process was unconstitutional. There are now 13 plaintiffs; none have been charged with a crime, told why they are barred from flying, or given an opportunity to challenge their inclusion on the No Fly List.
(Find a printable PDF version here.)
July 5, 2013
Posted by aletho |
Civil Liberties, Full Spectrum Dominance, Timeless or most popular | FBI, Federal Bureau of Investigation, Michael Mukasey, National security letter, Patriot Act, Robert Mueller, United States, USA-PATRIOT Act |
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The French external intelligence agency spies on French citizen’s phone calls, emails and social media activity and web use, the Le Monde newspaper has reported.
France’s external intelligence agency the DGSE, intercepts signals from computers and telephones in France and between France and other countries in order to get a picture of who is talking to whom, although, apparently, they do not randomly spy on the content of phone calls, the daily revealed on Thursday.
Emails, text messages, telephone records, access to Facebook and Twitter are stored for years. “All of our communications are spied on,” read the article quoting unnamed sources in the intelligence services as well as remarks made publicly by intelligence officials.
The DGSE allegedly stores the metadata from private communications in a basement under its Paris headquarters. All of France’s seven other intelligence services have access to the data and can tap into it freely as a means to spot people’s suspicious communications. Individuals can then be targeted by more intrusive techniques such as phone-tapping, it was reported.
Le Monde pointed out the activities were illegal, but the French national security commission whose job it is to authorize targeted spying, and the parliamentary intelligence committee, challenged the papers report. It said that it works within the law and that the only body in France that collected communication information was a government agency controlled by the Prime Minister’s office to monitor for security breaches.
The report comes after revelations that America’s NSA regularly spies on its own people as well as on European citizens and embassies.
The allegations were leaked by Edward Snowden and published in the German magazine Der Spiegel, and have sparked a furious response from European governments just as a major US-EU trade talks are about to get underway.
The Guardian newspaper reported last month that Britain has a similar spying program and shares vast quantities of information with the NSA through its Prism program.
July 5, 2013
Posted by aletho |
Civil Liberties, Deception, Full Spectrum Dominance | Directorate-General for External Security, France, Hacking, Intelligence, UK, USA |
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President Obama defended the spying scandal on his tour of Africa, and was joined by predecessor George W Bush, which highlighted how similar they have become by forgetting campaign promises while occupying the White House.
President Obama’s Africa trip is overshadowed by new allegations that the United States is committing widespread surveillance on its allies. The President defended these NSA programs saying that all countries are doing similar snooping.
“They’re going to be trying to understand the world better and what’s going on in world capitals around the world, from sources that aren’t available through the New York Times or NBC News,” he said in Tanzania this week.
He added, “I guarantee you that in European capitals, there are people who are interested in, if not what I had for breakfast, at least what my talking points might be, should I end up meeting with their leaders.”
Appropriately, just as President Obama was defending his administration against these spying scandals, he was joined in Africa by his predecessor, George W. Bush.
Presidents 43 and 44 met in Tanzania on Tuesday laying a wreath at the site of the 1998 American embassy bombings. They were together far, far away from the White House, an office currently dealing with the fallout from all its intelligence secrets being laid bare for the world to see. Secrets created by both Presidents Bush and Obama.
These two men couldn’t be more different. Barely of the same generation, they are from different socio-economic backgrounds, from different parts of the country, and from different intellectual backgrounds and professions. They had different upbringings, different hobbies, and different religious beliefs.
But they did hold the same office. And that’s why on Tuesday, in Tanzania, Bush and Obama looked more similar than ever before. It’s as though the White House took hold of these two very different men, chewed them up and spit them out into two monochromatic globs who forgot who they were before moving in to the highest office in the land. And most importantly forgot their ideals.
Remember, it was as a presidential candidate in 2008 that Barack Obama opposed mass domestic surveillance, saying: “I will provide our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our Constitution and our freedom. That means no more illegal wire-tapping of American citizens. No more national security letters to spy on citizens who are not suspected of a crime. No more tracking citizens who do nothing more than protest a misguided war. No more ignoring the law when it is inconvenient. That is not who we are.”
Edward Snowden’s leaks prove that now as President, Obama has thrown out all those campaign promises. Not only that, he’s expanded their global reach and justified this expansion by basically saying, “All countries are doing it so we have to also.”
This is what five years in the White House does to a person.
And remember, it was as a Senator in 2007 that Barack Obama supported legislation that would have protected journalists from heavy-handed subpoenas by the DOJ. It was called the Free Flow of Information Act, and it was directly opposed by George W. Bush in the White House. The legislation failed, and two years later, when Obama was in the White House, he made sure the legislation went nowhere, working actively to water it down. And then his Justice Department went to unprecedented lengths to target journalists at the AP and at Fox News.
And of course, one can only assume, that as a member of the Illinois Senate in 2002 when he spoke out so passionately against the Iraq War, that Barack Obama didn’t imagine a decade later he’d be at the helm of a global drone war targeting not just Afghanistan and Iraq, but also Pakistan, Yemen, and Somalia.
So, what causes the transformation? Maybe it’s what Eisenhower warned of in 1961 – the power of the military industrial complex. Maybe it’s the immense political pressure to keep the nation safe from terrorism. Maybe it’s the weight of responsibility of steering a world superpower. Maybe it’s a combination of all of these.
But the office has affected not just Obama and Bush, but also Clinton and George HW Bush and Reagan. All have used the force of our military around the world.
The only President who didn’t start his own conflict was Jimmy Carter more than 30 years ago. Carter also tried to ban extra-judicial assassinations. And today, he’s distinguished himself from both Bush and Obama, calling Snowden’s leaks “beneficial”.
But Carter was tossed out of the White House after only one-term. The Presidents who came later learned this lesson. And now, both of them two-term presidents meet in Africa. Bush, the man who created the machine, and Obama, the man who innovated it.
Both men shaped not by their political ideology, but by their time in the White House taking the reins of the American superpower and doing everything it takes – from war to mass surveillance – to hold on in a world that’s becoming more and more hostile to superpowers.
July 4, 2013
Posted by aletho |
Civil Liberties, Militarism, Progressive Hypocrite | Africa, Human rights, Obama, United States, USA |
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