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7 Things You Missed If You Didn’t Read Wired’s Big Story On How The NSA Is Killing The Internet

By Mike Masnick | Techdirt | January 7, 2014

Steven Levy, who specializes in massive articles looking into aspects of the tech industry, has a new one for Wired, called How the NSA Almost Killed the Internet. It basically looks at how the NSA legally coerced the tech companies into having to comply with certain court orders to hand over information, and how the tech companies have been gagged from explaining what’s going on. And then… he gets the NSA’s side of the story. Much of what’s in there is stuff that you probably already know (especially if you read Techdirt regularly), but I wanted to call out a few tidbits that I hadn’t seen or heard anywhere else before:

  1. Google doesn’t charge the government for requests for information:

    FISA requires the government to reimburse companies for the cost of retrieving information. Google says it doesn’t bother to charge the government. But one company says it uses that clause, hoping to limit the extent of the requests. “At first, we thought we shouldn’t charge for it,” says an executive of that company. “Then we realized, it’s good—it forces them to stop and think.”

    This is kind of a “damned if you do/damned if you don’t” situation. I know plenty of folks in the civil liberties community go back and forth on it. When companies do charge, then you see articles about how companies are “making a profit” off of violating our privacy. If they don’t charge, then you see arguments about how they’re making it too easy for the government to get info. Either way, the standard has been to charge basic costs, so it’s interesting to see that Google doesn’t charge at all, probably betting on the fact that if they did, it would be misrepresented. Of course, the fact that they don’t might be misrepresented as well.

  2. The NSA has no response to fear of future abuse of programs beyond “we’d never do that.” Seriously.

    Critics charge that while there is not yet any evidence of massive abuse of the NSA’s collected data, there is also no guarantee that a future regime won’t ignore these touted protections. These officials discounted that possibility, saying that the majority of NSA employees wouldn’t stand for such a policy. “If that happened, there would be lines at the Inspector General’s office here, and at Congress as well—longer than a Disneyland line,” Ledgett says. (The fates of several NSA employees-turned-whistleblowers indicate that anyone in that hypothetical queue would be in for a ride far wilder than anything in Anaheim.)

    Sure, except there’s a very long history of the NSA and the FBI doing exactly the opposite (the claim of no evidence of massive abuse is not actually true). And, as Levy notes in that final parenthetical, the way whistleblowers are treated these days would probably shorten that line quite a bit.

  3. Keith Alexander admits that companies were compelled to comply and admits that we should stand up for the companies not to be harmed by all of this:

    “This isn’t the companies’ fault. They were compelled to do it. As a nation, we have a responsibility to stand up for the companies, both domestically and internationally. That is our nation’s best interest. We don’t want our companies to lose their economic capability and advantage. It’s for the future of our country.”

    Those words could have come from a policy spokesperson for Google, Facebook, Microsoft, or Yahoo. Or one of the legislators criticizing the NSA’s tactics. Or even a civil liberties group opposing the NSA. But the source is US Army general Keith Alexander, director of the NSA. Still, even as he acknowledges that tech companies have been forced into a tough position, he insists that his programs are legal, necessary, and respectful of privacy.

    This is just bizarre. If he doesn’t want the companies to lose their economic capability and advantage, maybe he shouldn’t have undermined a large portion of it.

  4. Companies were given about 90 minutes to respond to the (misleading) claims in the original PRISM article that they had given the NSA direct access to their servers.

    “We had 90 minutes to respond,” says Facebook’s head of security, Joe Sullivan. No one at the company had ever heard of a program called Prism. And the most damning implication—that Facebook and the other companies granted the NSA direct access to their servers in order to suck up vast quantities of information—seemed outright wrong. CEO Mark Zuckerberg was taken aback by the charge and asked his executives whether it was true. Their answer: no.

    Similar panicked conversations were taking place at Google, Apple, and Microsoft. “We asked around: Are there any surreptitious ways of getting information?” says Kent Walker, Google’s general counsel. “No.”

    This remains one of the most unfortunate bits about the Snowden leaks. While I think that Barton Gellman, Glenn Greenwald and Laura Poitras have done an incredible job with most of their reporting, the original PRISM stories that appeared in the Washington Post and Guardian both came out rushed and were misleading, which is still impacting how people are reporting on these things today. The PRISM program and Section 702 of the FISA Amendments Act have serious issues that need exploring, but it’s all been distorted by the misleading initial claims, which implied things that just weren’t true.

  5. The NSA claims it uses the very same encryption that it tries to push everyone else to use. Yes, the same encryption that Snowden docs have revealed was compromised by the NSA.

    And the NSA insists that, despite the implications of those Snowden-leaked documents, it does not engage in weakening encryption standards. “The same standards we recommend are the standards we use,” Ledgett says. “We would not use standards we thought were vulnerable. That would be insane.”

    Sorry, but no one believes that one at all. The clear takeover by the NSA of NIST standards shows that’s clearly not true.

  6. The NSA still doesn’t realize how serious all of this is. They still think it’s just been blown out of proportion.

    They understand that journalism conferences routinely host sessions on protecting information from government snoops, as if we were living in some Soviet society. And they are aware that multiple security specialists in the nation’s top tech corporations now consider the US government their prime adversary.

    But they do not see any of those points as a reason to stop gathering data. They chalk all of that negativity up to monumental misunderstandings triggered by a lone leaker and a hostile press.

  7. Patent troll Nathan Myhrvold is also completely clueless about national security:

    Former Microsoft research head Nathan Myhrvold recently wrote a hair-raising treatise arguing that, considering the threat of terrorists with biology degrees who could wipe out a good portion of humanity, tough surveillance measures might not be so bad. Myhrvold calls out the tech companies for hypocrisy. They argue that the NSA should stop exploiting information in the name of national security, he says, but they are more than happy to do the same thing in pursuit of their bottom lines. “The cost is going to be lower efficiency in finding terrorist plots—and that cost means blood,” he says.

    This is stupid on so many levels. First, the old argument that it’s somehow equivalent of tech companies and the NSA to make use of information — a claim that Levy ridiculously repeats multiple times in his article — is a line that has been debunked so many times it’s really beneath Levy to give it any life at all, let alone refuse to point out how stupid it is. Companies provide a direct service to users, and they make a decision: If I give this information, I get this service in return. It’s a decision made by the consumer, and a trade-off where they decide if it’s worth it. We can argue that people should have more information about the costs and benefits, but it’s still a trade-off where the final decision is their own. The NSA, on the other hand, is not providing a choice or a trade-off. They’re just taking everything in exchange for nothing. And, oh yeah, they have guns and can put you in jail — something no company can do.

    Second, Myhrvold incorrectly buys completely the line that all this data collection has been helpful in stopping terrorists. There’s just one problem: there is no evidence to support that. Besides, based on his idiotic reasoning, we might as well just do away with pretty much all our rights. For example, I’m pretty sure that we could all have protected Myhrvold more completely if there were video cameras streaming video of everything he did within the privacy of his own home, cars, office or just walking around, right? We could certainly make sure that no one was attacking him or, better yet, that he wasn’t about to attack anyone. The cost of not spying on every moment of Nathan Myhrvold might mean “blood.” So, based on his own logic, we should violate his privacy, right?

All in all there’s a lot in the article that’s worth reading, but those were a few key points that really stood out.

January 8, 2014 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , | Leave a comment

Obama Plans Cosmetic Surveillance Changes After All, Will Set Up Pretend Fight Over NSLs

By Mike Masnick | Techdirt | January 6, 2014

Leaks coming out of the Obama administration suggest that the President is preparing mostly cosmetic changes to the intelligence community, following the recommendations from the intelligence task force — which were much stronger than many expected. The reports suggest things like putting a public advocate to represent the public’s views in certain cases before the FISC. This has been talked about for a while, and was the main concession plenty of people had been expecting anyway. That’s hardly anything big.

The article talks about two other potential reforms. The first is shifting the holding of phone call metadata from the NSA to the phone companies, allowing the NSA to still search through it after getting a court order. While this may be a marginal improvement, it still has tremendous problems. It will almost certainly come with some sort of data retention law — something that the feds have wanted for ages, and which civil liberties activists have been fighting against for years. Companies shouldn’t be required to hang on to data they don’t need, especially if getting rid of it can better protect their users’ privacy. Furthermore, while not letting the NSA hang onto the data is a good thing, there is a reasonable concern that if the telcos are hanging onto the data themselves, that they, too, might do bad things with it, with little to no oversight.

However, most of the article from the LA Times focuses on National Security Letter (NSL) reform. We’ve written about those for years. NSLs are the way that the FBI can demand information from companies without any judicial review at all and, even more insane, with a complete gag order that prevents the recipient from telling anyone (including, at times, your lawyer). The FBI has an incredibly long history of “serious misuse” of NSLs, and has shown little to no interest in fixing the process. Nearly a year ago, a court actually ruled them unconstitutional, but there’s an ongoing appeals process that will take quite a bit of time.

However, as the article notes, the DOJ/FBI and other surveillance maximalists are all horrified by the idea that Obama might actually require judicial approval of NSLs, for all but “emergency” situations. What this sounds like is that the President may suggest something along those lines, there will be a well coordinated press attack from surveillance hawks freaking out about the danger this puts us all in… and then he’ll back down on that one point. And we’ll be left with… basically nothing, but the President will go around insisting that he reformed the intelligence community, while everything more or less stays the same.

January 7, 2014 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

Canada’s CSE admits to ‘incidental’ spying

Press TV – January 7, 2014

Communications Security Establishment Canada (CSE) has admitted that it “incidentally” spied on Canadians, making it the first time the agency deviates from its standard statement that it does not “target” the electronic communications of Canadian citizens.

The country’s foreign intelligence agency said in a statement published on its website that “it is possible that we may incidentally intercept Canadian communications or information.”

A spokesman for the agency said the statement was an initial response to the media attention following the disclosures by American whistleblower Edward Snowden.

According to the CSE, additional information about how it operates is to be posted in coming months “to share more information about our organization in as transparent a manner as possible while still respecting our security obligations.”

However, experts say the effort by the CSE is mostly government mantra and it does not address issues raised by Snowden leaks.

Wesley Wark, a security intelligence expert at the University of Ottawa, said the statement does not discuss the disclosures about collections of metadata or about the use of CSE’s foreign intelligence partners, including the United States, for information exchanges about targets, including Canadians of national security concern.

The leaked documents published in recent months have revealed among others that Canada has set up cover spying posts around the world and spied on trading partners at the request of the US National Security Agency (NSA).

Reports published in Canadian media and based on the leaks have shown that Canada allowed the NSA to conduct surveillance operations on its soil during the 2010 summits of G8 and G20.

Other reports have shown that the Canadian intelligence agency spied on communications at Brazil’s Mining and Energy Ministry, as it has mining interests in the South American country.

January 7, 2014 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , , , , | Leave a comment

Court Decision Exempts Secret Memo From FOIA, Sets Stage For Future Secret Laws To Go Unchallenged

By Tim Cushing | Techdirt | January 6, 2014

The “most transparent administration” received another win for continued secrecy, thanks to an appeals court decision that allowed it to continue to withhold a DOJ memo that created an exploitable loophole in consumer data privacy protections.

The document at issue is a classified memo issued by the Office of Legal Counsel on Jan. 8, 2010. A report later that year by the Justice Department’s inspector general at the time, Glenn A. Fine, disclosed the memo’s existence and its broad conclusion that telephone companies may voluntarily provide records to the government “without legal process or a qualifying emergency,” notwithstanding the Electronic Communications Privacy Act.

The EFF has been engaged with the government over the release of this document since 2011, when a district court judge ruled the document was exempt from FOIA requests because it was part of executive branch “internal deliberations.” In other words, despite the fact that the OLC memos can be considered legally binding (and exempt those following the memos’ advice or instructions from legal repercussions), the memo is not considered “working law.” The EFF has argued that these memos are not “deliberative,” but are rather secret laws deployed in such a fashion as to avoid being exposed by FOIA requests.

The presiding judge explained his decision with this reasoning.

“Even if the O.L.C. opinion describes the legal parameters of what the F.B.I. is permitted to do, it does not state or determine the F.B.I.’s policy,” Judge Harry T. Edwards wrote in the decision on Friday. “The F.B.I. was free to decline to adopt the investigative tactics deemed legally permissible in the O.L.C. opinion.”

According to the FBI, it did decline to follow the memo’s parameters.

The bureau, which has abandoned exigent letters, said that it did not employ the legal theory outlined in the memo when using the letters, and that it had no plans to use it in the future.

But the DOJ’s arguments for keeping the memo secret calls the FBI’s assertion into question.

During the litigation, the Justice Department also told the court that parts of the memo contained classified information, “highly specific in nature and known to very few individuals,” about a secret intelligence-gathering technique that the F.B.I. is using against “hostile entities.”

Either the FBI is utilizing the memo’s legal theories or the memo covers so much ground that the FBI is using something entirely unrelated, making the first statement truthful as far as it extends to exigent letters only.

Judge Edwards’ rationale gives the government every reason to utilize the Office of Legal Counsel to provide it with the legal justification it needs to deploy questionable tactics and programs. (Previous OLC memos were used to justify warrantless wiretaps and “brutal questioning of detainees.”) The ruling makes it easier for any OLC memo to be exempted from FOIA requests, providing for even more government secrecy.

David Sobel, a lawyer for the EFF, called the ruling “troubling,” describing the office’s memos as a body of “secret law” that the public has a right to know about. He said he hoped the ruling would reinvigorate efforts among some lawmakers to enact a law opening such memos to greater scrutiny outside the executive branch.

“It’s kind of hard to imagine how a different case in the D.C. Circuit is likely to have a different outcome in light of this opinion,” he said.

Because the document remains a secret, its true significance remains a source of speculation. The New York Times says the memo is most likely the legal basis for the CIA’s voluntary agreement with AT&T, which allows the agency to search its massive database of international calls (and tip local numbers to the FBI for further investigation). And it’s not as if this secret memo is the only tool the government has for demanding data. The FBI may have abandoned “exigent letters” but it’s still using National Security Letters to obtain data without a court order. (No mention is made of the FBI’s exigent Post-It notes or over-the-shoulder database searches.)

The DOJ is understandably pleased with this decision as it plays to its obfuscatory tendencies. This is also a dubious win for this administration — and those that follow. Having an in-house agency on tap that can create new laws and interpretations of existing statutes without having to risk having its legally-binding memos scrutinized by the public will be a tool too powerful for many to ignore.

January 7, 2014 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance, Progressive Hypocrite | , , , , | Leave a comment

Boeing Union Workers Forced Into Massive Concessions

By Jack Rasmus | January 5, 2014

This past weekend, more than 30,000 union workers at Boeing Corp. in Seattle, were forced to accept deep concessions in their union contract, gutting their pensions, future healthcare benefits, wages, and other benefits. Their contract with Boeing had not even expired but they were forced into concessions nonetheless. Nor was the company, Boeing, in any financial distress. It had registered record profits in consecutive years, and had in November 2013 bought back $10 billion in stock from its shareholders and paid another $2 billion in dividends to the same. Nevertheless Boeing demanded concessions, having received communication from Union (IAM) International leadership beforehand of their willingness to grant the same. The combination of Union International leadership pressure, countless Democratic Party politicians, and the Company’s new offensive, proved too much for local workers to resist. The new concessions will effectively end workers’ defined benefit pensions, cutting retirement benefits to the bone, and allow the company to end its healthcare insurance benefits by 2018 in accordance with the Obama new health care plan. Wages for new hired workers are projected to decline to levels of minimum wage or less over the next 11 years of the new contract term.

This kind of attack on pensions and healthcare–or what this writer calls the ‘social wage’ was predicted in this writer’s article, ‘Concession Bargaining at the Crossroads’ two years ago in 2011. That article is reproduced here in its original draft form once again.

CONCESSION BARGAINING AT THE CROSSROADS

“The history of collective bargaining since the Second World War has consisted of several stages or phases. The first phase was roughly from 1947 to 1979. During it collective bargaining was expanded both in terms of its ‘scope’ and its ‘magnitude’. Scope refers to new areas of bargaining, such as cost of living adjustments, supplemental unemployment benefits, pensions and health care benefits, union and worker rights, etc. Magnitude refers to increasing the dollar value of wages and benefits. Up to 1979 both expanded.

In contrast, from the mid-1970s to 2007, concession bargaining became the growing practice. But it was concession bargaining focused on giving back ‘magnitude’ gains of the previous decades, not necessarily the scope of bargaining. Workers in the private sector gave ground on wages and benefits in a decades-long attempt to protect their jobs.

First Stages of Concession Bargaining

Among the first to feel the effects were workers in the construction sector, starting in the 1970s. Employers formed early in the decade the ‘Construction Industry Users Roundtable’. Its strategy was to undermine the then powerful building trades unions by a new tactic: the ‘double breasted operation’. This simply put was a way to undermine the construction unions by setting up parallel, non-union companies. The unions ignored the threat more or less, since the double breasted operations were set up in the suburbs and outlying regions. The urban bastion of unionization in construction wasn’t immediately impacted. Employers progressively then moved jobs and work to the non-union operations. The loss of jobs in the unionized operations eventually forced workers and unions to start granting concessions in an attempt to prevent their work shifting to the non-union companies. Concessions soon expanded. Saving jobs in exchange for givebacks on wages and benefits eventually became the norm.

In the late 1970s the strategy of forcing workers to give up wage and benefit gains to keep their jobs leap-frogged into the manufacturing sector. The pilot and defining event was the Chrysler bailout of 1979. It worked so well the model was planned for application to manufacturing in general. By then the Construction Industry Users Roundtable’ had expanded into what is now known as perhaps the most formidable and effective Big Business organization today—the Business Roundtable. Big manufacturing and service companies joined with the Construction employers. The construction industry union-busting model was transported to other sectors of the economy.

The tactic of double breasted operations took on a new form. Alternative union-free operations were set up. But not across town, as in construction. It was now across borders. The manufacturing analog of the double breasted operation was the runaway shop, as manufacturers moved operations offshore.

In these they were aided by the most pro-business President since Coolidge—Ronald Reagan and a compliant Congress. Manufacturers were provided generous economic incentives to set up offshore. Tax incentives were generously granted. Deregulation was introduced. Then in 1988 and 1993 ‘free trade’ agreements were established with Canada and Mexico to facilitate the movement of US capital to those countries to set up operations. Free ‘trade’ is not just about export-import of goods and services; it is even more about negotiating favorable conditions for US foreign direct investment in those countries. Tax [breaks] for investing offshore plus free trade plus deregulation devastated jobs in the US beginning in the early 1980s, and continuing ever since. Under pressure of losing jobs, workers in manufacturing began the long, dead-end road toward concession bargaining in an attempt to save their jobs. But it didn’t. More than 10 million jobs have been off-shored ever since.

The pressure to grant wage concessions intensified in the 1990s. In addition to the threat of job loss, now escalating double-digit annual increases in health care costs provided a second hammer. That ushered in what was called ‘maintenance of benefits bargaining’. Now desperate to maintain their health care coverage, workers gave up more wages in exchange for keeping health benefits. But that too did not last long.

Health care cost shifting accelerated by 2000 and into the next decade. To assist in paying for rising health care premiums and costs, the federal government permitted companies to drag surplus funds from workers’ defined benefit pension plans to cover rising health costs. Up to 20% of health cost increases were subsidized in this manner. But that represented giving up wages—i.e. concessions—in order to maintain benefits as well. Only this time it was workers’ ‘deferred wages’ that went into their pension funds instead of their immediate paychecks. But a wage is a wage, whether immediate or deferred. And concessions on nominal (immediate) and deferred wages became the increasing rule by the late 1990s.

This evolving concession bargaining since the late 1970s into the last decade represents the second phase of the history of collective bargaining in the US. The first, as noted above, was the phase during which collective bargaining expanded both in terms of ‘scope’ and ‘magnitude’—that is, in terms of new areas of bargaining added to negotiations as well as in terms of advances in wages and benefits. The second phase of bargaining in the US, from the late 1970s to around 2000, represents the first stage of concession bargaining.

Stage Two: From ‘Magnitude’ to ‘Scope’ Concession Bargaining

This first stage of concession bargaining (1975-2000) began to change for the worse in the past decade, shifting to a new stage during which workers and their unions have been forced to grant concessions not only in terms of magnitude or levels of wages and benefits, but now in terms of scope and entire areas of bargaining as well. Defined benefit pensions were abandoned for 401k personal pension plans at an accelerating rate. Not only were pensions increasingly privatized, but the de-collectivization of health insurance plans also accelerated under George W. Bush with the introduction of what were called ‘health savings accounts’—the analog on the health benefits side to 401ks on the pensions side.

Employer provided health insurance benefits were now dropped in growing numbers altogether. Or they were dumped onto the union, as in the Auto Industry, in the form of VEBAs (voluntary employment benefit agreements). Employers removed in effect any negotiating over companies paying for health care for workers from union collective bargaining agreements. In a similar fashion, once widespread Cost of Living clauses in collective bargaining agreements were stripped from union contracts. Ditto for supplemental unemployment benefits (SUBs). More and more companies simply discontinued unilaterally retirees health care coverage from bargaining, aided now by court decisions that ruled such were not bona fide subjects of bargaining any longer. Union rights were increasingly circumscribed in agreements, as management rights clauses were expanded. In other words, concession bargaining was no longer simply about ‘magnitudes’—i.e. how much wages or benefits would be reduced in order to keep jobs or the companies from moving offshore or from being outsourced and reduced to mere skeleton crews. Not entire key areas of union contracts were being ‘conceded’ and thus wiped out, removed from the very subject of bargaining altogether.

Stage Three: Concession Bargaining Extends to the Public Sector

In the past two years this second phase of concession bargaining—i.e. cutting levels of wages and benefits and giving up entire areas of bargaining—is now being applied to public sector workers as well, in a vicious attack now unfolding throughout the country. Politicians of both political parties, public sector employers, and wealthy billionaires and millionaires who pay for the elections of these same politicians, are in the process of imposing concession bargaining on public workers.

Furthermore, concession bargaining is occurring in an especially compressed form. Both magnitude and scope are occurring simultaneously and in a matter of just a few years instead of the few decades in which it was deepened in the private sector of the economy. The entire process is effectively ‘telescoped’ and thus taking place is a particularly intense form. All across the country today, in state after state, politicians are declaring bargaining over pensions and health care no longer will be the practice. They are unilaterally discontinuing defined benefit pensions and replacing them with 401k plans. They are moving to eliminate union and agency shop agreements with the open shop, placing ‘caps’ on wage negotiations, and in general attempting to return to the days of ‘civil service’ rules and regulations in lieu of bona fide collective bargaining.

Stage Four: Concession Bargaining’s New Target: ‘Social Wage’ Reduction

Concession bargaining is morphing still further, however. It is now moving from the level of taking back money wages and benefits at the ‘shop-floor level’—both in the private and public sectors—to the level of ‘social wage’ concession bargaining.

The ‘social wage’ is money wages that workers give up in exchange for pay they will receive at a later date. Social wages are thus deferred wages. Social wages are most notably Social Security and Medicare taxes that workers pay in the form of payroll taxes, in order to receive the wage paid upon retirement in the form of social security pension and medicare health care benefits. The focus since the 2010 midterm elections in the US is now on austerity—a codeword for cutting so-called ‘entitlements’ like social security and medicare. But social security and medicare represent wages paid by workers in the past for claims in the future. Not content with concessions from current wage and benefits, Corporate America—the rulers behind the throne of Congress and the Presidency and Courts—now want reductions in the ‘social wage’ as well. Why? So they can maintain their historic tax cuts enacted over the past three decades and not have to pay the costs of the bailouts and economic crisis [as well as the wars for Israel – Aletho News] that they themselves caused.

The dimensions of the Great American Tax Shift of the past three decades, still on-going and expanding under Obama and the Democrats (and about to expand further still) are the subject of another analysis. But briefly, a tip of the iceberg view is: In the 1960s corporations paid 30% of total federal tax revenues; today they contribute 6.6%. In the 1960s the top income brackets paid 45% of total federal tax revenues; today the effective top bracket tax paid by the wealthiest individuals is only 16%.

The latest phase of concession bargaining now emerging in the past year—concessions giving back the ‘social wage’—is historic. It represents concession bargaining over workers’ income that is shifting to the political level on a grand scale. It is ‘grande scale concession bargaining’. Not content with concessions in money and benefits at the shop level in the private sector, not even content with extending that in intensified form today to the public worker sector, corporate interests now demand concession bargaining over social wages at the political level.

What’s especially onerous about the new concession bargaining is that politicians are making the decisions. Workers don’t even have the option of voting on the concessions, or striking in opposition, as they might when undertaken in cases of earlier concession bargaining at the shop level. They now have virtually no say in the process short of taking to the streets to have their voices heard—which appears increasingly as the only alternative. Moreover, the dollar value of the concessions being, and about to be, offered are now also immensely greater. As the recent debt ceiling debate illustrates clearly, the coming attack on Medicare represents social wage concessions approaching half a trillion dollars. Concessions involving social security retirement that will soon follow in 2012 will amount to a like amount, at minimum, with even more Medicare cuts. In just a few short years, several times the value of total givebacks in concessions in wages and benefits at the shop level since 1979 may occur. It is a massive transfer and shift of income from working and middle class America to the wealthiest households and their corporations.

Behind the facade of Washington politics are the same corporate interests, however. Only now instead of directing their managers at the bargaining table, they now direct their political managers by means of their immense, and growing, campaign contributions and billion dollar lobbying efforts.

Occasionally an example slips through the veil of confusion about who’s behind it all. The veil drops revealing the ‘Wizards of Oz’ pulling the levers and the curtains. Witness the notorious relationship between Wisconsin governor, Walker, and the billionaire Koch brothers. But there are ‘Koch brothers’ lurking everywhere behind the veil, in Ohio, in New Jersey, Connecticut, Massachusetts, Georgia, and even California. They are driving the fundamental strategy, directing the elected politicians in exchange for campaign contributions and day to day lobbying largesse.

The Empty Legacy of Concession Bargaining

What concession bargaining has proven over the past three decades—whether at the political level or the shop floor level—is that concessions only result in demands for more concessions.

Concessions in the private sector over the past three decades haven’t saved jobs. What they have achieved is a stagnation and decline in the income for 100 million families that is choking off consumer spending and economic growth and therefore economic recovery. The second phase, concession bargaining in the public sector, will now add to this consumption decline. And the now emerging third phase, expanding concession bargaining to the level of social wages, about to begin with the direct attack on social security and medicare will not ‘save’ those programs any more than concession bargaining in the past ‘saved jobs’.

Concession bargaining will only result in a deepening crisis in those programs and lead, inevitably in turn, to more demands by corporate interests for still further cuts (i.e. concessions) in those programs. Calls by politicians for ‘shared sacrifices’ are really concession bargaining by another name: to reduce the social wage represented by social security and medicare.

Nothing positive whatsoever has come from concession bargaining the past three decades in the private sector. Good jobs have continued to disappear by the tens of millions. Wages and earnings for the 100 million non-supervisory workers in the US have stagnated and fallen. Giving up wages to ‘maintain health and retirement benefits’ have fared no better. Pensions have nearly disappeared and employer provided health care coverage has declined by the millions of companies, and will not last out the current decade. Nor will anything beneficial come from the intensification of concession bargaining now penetrating the public sector. Union leaders will give up wages and benefits, but that will not stop the millions that are slated for layoffs in the public sector over the next few years—at minimum 500,000 in the year ahead alone! The extension of concession bargaining to the public sector, now accelerating at a pace far worse than that which previously occurred in the private sector, will produce the same results—only now telescoped into a much shorter time period. Not least, nothing positive will come from granting concessions over social wages—i.e. agreeing to reduce social security and medicare benefits. Those programs will not be ‘saved’ by concessions. They will be destroyed by them.

The only way to stop concession bargaining in any of its forms, including the most virulent now attacking the ‘social wage’, is to refuse any and all concessions. ‘No cuts and No Concessions’ is the only effective bargaining demand.

And just as, at the shop floor, when union leaders cave in to employer demands for concessions, they should be thrown out and replaced with leaders who will refuse to do so and stand firm—so too should any politician who agrees to concessions from social security and medicare be thrown out. Indeed, any politician who fails to actively resist such concessions should be thrown out. Not in the next election. But by immediate recall.

Finally, any political party that allows its elected to members to agree to concessions in social security and medicare, or whose elected members stand by silently while the fight to defend the social wage takes place, should be replaced by another political party whose members consider the social wage ‘non-negotiable’.

Unfortunately, it appears the political party—the Democrats—who introduced and once championed social security and medicare are now becoming participants in its destruction. Not only President Obama, but Senate leader Harry Reid and House leader Nancy Pelosi, have all publicly indicated this past summer they are prepared to concede and to cut medicare before year end 2011 in some form. Next it will be social security retirement. And medicare again.

But once starting down that road of initial concessions, it will only lead to further concessions—as the history of concession bargaining at the shop floor over the last three decades sadly shows.

If that happens, and the leadership of the Democratic Party abandon social security and medicare to concession bargaining, as it appears they will, the only answer to stopping concession bargaining is to create a new party of labor, every member of which must solemnly pledge to expand the social wage, to defend and expand social security and medicare, to stand firm on the question of concession bargaining. There can be no ‘Bi-Partisan’ compromise. It is time to raise the flag, with the motto boldly proclaiming across it: ‘No Concessions! No Retreat!.

Jack Rasmus, August 7, 2011

January 6, 2014 Posted by | Corruption, Economics, Progressive Hypocrite | , , , , , , | Leave a comment

NSA More Or Less Admits To Spying On Congress

By Mike Masnick | Techdirt | January 6, 2014

On Friday, we noted that Senator Bernie Sanders had asked the NSA if it spied on members of Congress. He was very explicit in how he defined “spying” such that the NSA couldn’t legitimately deny it — since the definition included collecting metadata on their calls — something the NSA absolutely does. In response to press requests, it appears that the NSA has issued a statement to a variety of publications, basically admitting that of course it spies on Congress, because it collects everyone’s data.

NSA’s authorities to collect signals intelligence data include procedures that protect the privacy of US persons. Such protections are built into and cut across the entire process. Members of Congress have the same privacy protections as all US persons. NSA is fully committed to transparency with Congress. Our interaction with Congress has been extensive both before and since the media disclosures began last June.

We are reviewing Senator Sanders’s letter now, and we will continue to work to ensure that all members of Congress, including Senator Sanders, have information about NSA’s mission, authorities, and programs to fully inform the discharge of their duties.

The key line: “Members of Congress have the same privacy protections as all US persons.” Meaning, basically, that they have no privacy protections when it comes to the NSA collecting data.

January 6, 2014 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance, Timeless or most popular | , , | Leave a comment

FBI Admits It’s Not Really About Law Enforcement Any More; Ignores Lots Of Crimes To Focus On Creating Fake Terror Plots

By Mike Masnick | Techdirt | January 6, 2014

A couple years ago, it was revealed that the FBI noted in one of its “counterterrorism training manuals” that FBI agents could “bend or suspend the law and impinge upon the freedoms of others,” which seemed kind of odd for a government agency who claimed its “primary function” was “law enforcement.” You’d think that playing by the rules would be kind of important. However, as John Hudson at Foreign Policy has noted, at some point last summer, the FBI quietly changed its fact sheet, so that it no longer says that “law enforcement” is its primary function, replacing it with “national security.”

Of course, I thought we already had a “national security” agency — known as the “National Security Agency.” Of course, while this may seem like a minor change, as the article notes, it is the reality behind the scenes. The FBI massively beefed up resources focused on “counterterrorism” and… then let all sorts of other crimes slide. Including crimes much more likely to impact Americans, like financial/white collar fraud.

Between 2001 and 2009, the FBI doubled the amount of agents dedicated to counterterrorism, according to a 2010 Inspector’s General report. That period coincided with a steady decline in the overall number of criminal cases investigated nationally and a steep decline in the number of white-collar crime investigations.

“Violent crime, property crime and white-collar crime: All those things had reductions in the number of people available to investigate them,” former FBI agent Brad Garrett told Foreign Policy. “Are there cases they missed? Probably.”

The article correctly notes that this has had a big impact:

The reductions in white-collar crime investigations became obvious. Back in 2000, the FBI sent prosecutors 10,000 cases. That fell to a paltry 3,500 cases by 2005. “Had the FBI continued investigating financial crimes at the same rate as it had before the terror attacks, about 2,000 more white-collar criminals would be behind bars,” the report concluded. As a result, the agency fielded criticism for failing to crack down on financial crimes ahead of the Great Recession and losing sight of real-estate fraud ahead of the 2008 subprime mortgage crisis.

… So… what has the FBI been doing? Well, every time we hear anything about the FBI and counterterrorism, it seems to be a case where the FBI has been spending a ton of resources to concoct completely made up terrorism plots, duping some hapless, totally unconnected person into taking part in this “plot” then arresting him with big bogus headlines about how they “stopped” a terrorist plot that wouldn’t have even existed if the FBI hadn’t set it up in the first place. And this is not something that the FBI has just done a couple times. It’s happened over and over and over and over and over and over and over and over and over and over and over and over again. And those are just the stories that we wrote about that I can find in a quick search. I’m pretty sure there are a bunch more stories that we wrote about, let alone that have happened.

All of these efforts to stop their own damn “plots” screams of an agency that feels it needs to “do something” when there’s really nothing to be done. Thousands of agents were reassigned from stopping real criminals to “counterterrorism” and when they found there were basically no terrorists around, they just started making their own in order to feel like they were doing something… and to have headlines to appease people upstairs. The government seems to have gone collectively insane when it comes to anything related to “terrorism.

January 6, 2014 Posted by | Corruption, Deception | , , , | Leave a comment

Forty-Seven Treasonous Senators Take Israel’s Word Over U.S. Intel Community

Maidhc Ó Cathail | The Passionate Attachment | January 7, 2014

If Americans ever assert their real national security and geopolitical interests by “shaking off” the longstanding occupation of Washington — “Israel’s most important occupied territory” — in a long overdue “American Intifada,” those who have engaged “in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort” are helpfully leaving behind an extensive documentary record of their treason:

S. 1881

The Nuclear Weapon Free Iran Act of 2013

Below is a list of senators who have cosponsored or indicated their intention to cosponsor The Nuclear Weapon Free Iran Act of 2013.

47 Members Who Cosponsored

Lamar Alexander (R-TN)
Kelly Ayotte (R-NH)
Mark Begich (D-AK)
Richard Blumenthal (D-CT)
Roy Blunt (R-MO)
Cory Booker (D-NJ)
John Boozman (R-AR)
Benjamin Cardin (D-MD)
Bob Casey (D-PA)
Saxby Chambliss (R-GA)
Daniel Coats (R-IN)
Thomas Coburn (R-OK)
Susan Collins (R-ME)
Chris Coons (D-DE)
Bob Corker (R-TN)
John Cornyn (R-TX)
Ted Cruz (R-TX)
Joe Donnelly (D-IN)
Michael Enzi (R-WY)
Deb Fischer (R-NE)
Kirsten Gillibrand (D-NY)
Lindsey Graham (R-SC)
Kay Hagan (D-NC)
Orrin Hatch (R-UT)
Jim Inhofe (R-OK)
Johnny Isakson (R-GA)
Mike Johanns (R-NE)
Mark Kirk (R-IL)
Mary Landrieu (D-LA)
Mike Lee (R-UT)
Joe Manchin (D-WV)
John McCain (R-AZ)
Bob Menendez (D-NJ)
Jerry Moran (R=KS)
Lisa Murkowski (R-AK)
Rob Portman (R-OH)
Mark Pryor (D-AR)
James Risch R-ID)
Pat Roberts (R-KS)
Marco Rubio (R-FL)
Charles Schumer (D-NY)
Tim Scott (R-SC)
John Thune (R-SC)
Pat Toomey (R-PA)
David Vitter (R-LA)
Mark Warner (D-VA)
Roger Wicker (R-MS)

Maidhc Ó Cathail is an investigative journalist and Middle East analyst. He is also the creator and editor of The Passionate Attachment blog, which focuses primarily on the U.S.-Israeli relationship. You can follow him on Facebook and Twitter @O_Cathail.

January 6, 2014 Posted by | Corruption, Ethnic Cleansing, Racism, Zionism, Wars for Israel | , , , , , , , , , | Leave a comment

The Case of the Missing Recovery

By Paul Craig Roberts | Dissident Voice | January 4, 2014

Have you seen the economic recovery? I haven’t either. But it is bound to be around here somewhere, because the National Bureau of Economic Research spotted it in June 2009, four and one-half years ago.

It is a shy and reclusive recovery, like the “New Economy” and all those promised new economy jobs. I haven’t seen them either, but we know they are here, somewhere, because the economists said so.

Congress must have seen all those jobs before they went home for Christmas, because our representatives let extended unemployment benefits expire for 1.3 million unemployed Americans, who have not yet met up with those new economy jobs, or even with an old economy job for that matter.

By letting extended unemployment benefits expire, Congress figures that they saved 1.3 million Americans from becoming lifelong bums of the nanny state and living off the public purse. After all, who do those unemployed Americans think they are? A bank too big to fail? The military-security complex? Israel?

What the unemployed need to do is to form a lobby organization and make campaign contributions.

Just as economists don’t recognize facts that are inconsistent with corporate grants, career ambitions, and being on the speaking circuit, our representatives don’t recognize facts inconsistent with campaign contributions.

For example, our representative in the White House tells us that ObamaCare is a worthy program even though those who are supposed to be helped by it aren’t because of large deductibles, copays, and Medicaid estate recovery. The cost of this non-help is a doubling of the policy premiums on those insured Americans who did not need ObamaCare and the reclassification by employers of workers’ jobs from full-time to part-time in order to avoid medical insurance costs. All it took was campaign contributions from the insurance industry to turn a policy that hurts most and helps none into a worthy program. Worthy, of course, for the insurance companies.

Keep in mind that it is the people who could not afford medical insurance who have to come up with their part of the premium or pay a penalty. How do people who have no discretionary income come up with what are to them large sums of money? Are they going to eat less, drive less, dress less? If so, what happens to people employed in those industries when demand falls? Apparently, this was too big a thought for the White House occupant, his economists, and our representatives in Congress.

According to the official wage statistics for 2012, forty percent of the US work force earned less than $20,000, fifty-three percent earned less than $30,000, and seventy-three percent earned less than $50,000. The median wage or salary was $27,519. The amounts are in current dollars and they are compensation amounts subject to state and federal income taxes and to Social Security and Medicare payroll taxes. In other words, the take home pay is less.

To put these incomes into some perspective, the poverty threshold for a family of four in 2013 was $23,550.

In recent years, the only incomes that have been growing in real terms are those few at the top of the income distribution. Those at the top have benefitted from “performance bonuses,” often acquired by laying off workers or by replacing US workers with cheaper foreign labor, and from the rise in stock and bond prices caused by the Federal Reserve’s policy of quantitative easing. Everyone else has experienced a decline in real income and wealth.

As only slightly more than one percent of Americans make more than $200,000 annually and less than four-tenths of one percent make $1,000,000 or more annually, there are not enough people with discretionary income to drive the economy with consumer spending. When real median family income and real per capita income ceased to grow and began falling, Federal Reserve chairman Alan Greenspan substituted a credit expansion to take the place of the missing growth in income. However, as consumers became loaded with debt, it was no longer possible to expand consumer spending with credit expansion.

World War II left the US economy the only undamaged industrial and manufacturing center. Prosperity ensued. But by the 1970s the Keynesian demand management economic policy had produced stagflation. Reagan’s supply-side policy was able to give the US economy another 20 years. But the collapse of the Soviet Union brought an era of jobs offshoring to large Asian economies that formerly were closed to Western capital. Once corporate executives realized that they could earn multi-million dollar performance bonuses by moving US jobs abroad and once they were threatened by Wall Street and shareholder advocates with takeovers if they did not, American capitalism began giving the US economy to other countries, mainly located in Asia. As high productivity manufacturing and professional service jobs (such as software engineering) moved offshore, US incomes stagnated and fell.

As real income growth stagnated, wives entered the work force to compensate. Children were educated by refinancing the home mortgage and using the equity in the family home or with student loans that they do not earn enough to repay. Since the December 2007 downturn, Americans have used up their coping mechanisms. Homes have been refinanced. IRAs raided. Savings drawn down. Grown children, now adults, are back home with parents. The falling labor force participation rate signals that the economy can no longer provide jobs for the workforce. In such a situation, economic recovery is impossible.

What the Treasury and Federal Reserve have done, with the complicity of the White House, Congress, economists, and the media, is to focus on rescuing a half dozen banks “too big to fail.” The consequence of focusing economic policy on saving the banks is rigged financial markets and massive stock and bond market bubbles. To protect the dollar’s exchange value from quantitative easing, the price of gold has been forced down in the paper futures market, with the consequence that physical gold is shipped to Asia where it is unavailable as a refuge for Americans faced with currency depreciation.

At a time when most Americans are running out of coping mechanisms, the US faces a possible financial collapse and a high rate of inflation from dollar depreciation as the Fed pours out newly created money in an effort to support the rigged financial markets.

It remains to be seen whether the chickens can be kept from coming home to roost for another year.

~

Paul Craig Roberts is an American economist, author, columnist, former Assistant Secretary of the Treasury, and former editor and columnist for corporate media publications. He is the author of The Failure of Laissez Faire Capitalism.

January 4, 2014 Posted by | Corruption, Deception, Economics | , , | Leave a comment

How the Washington Post Distorts Colombia

What Dana Priest Left Out

By JACK L. LAUN | CounterPunch | January 2, 2014

On December 21, 2013 the Washington Post published an article titled “Covert action in Colombia” by reporter Dana Priest. Ms. Priest is a veteran reporter who has over the course of her career produced significant reports on important topics. However, in her report on the role of the United States government in supporting the Colombian state’s war on the FARC guerrillas she has overlooked or ignored some very basic aspects of this relationship.

The most significant of these is that she ignores the nature and history of the paramilitary forces’ activities and the link of these to the United States government. As Father Javier Giraldo, S.J., correctly observed years ago, the paramilitaries in Colombia are a strategy of the Colombian state. Furthermore, this strategy was suggested to the Colombian government by a United States military mission to Colombia in February 1962, in response to fear of the spread of influence of the Castro Revolution in Cuba. The mission was led by Lieutenant General William Yarborough, the Commander of the U.S. Army Special Warfare Center. A Wikipedia entry cites a secret report to the Joint Chiefs of Staff quoting Yarborough as recommending “development of a civilian and military structure…to pressure for reforms known to be needed, perform counter-agent and counter-propaganda functions and as necessary execute paramilitary, sabotage and/or terrorist activities against known Communist proponents. It should be backed by the United States.” (See this citation and more information at Wikipedia.org/wiki/William_P_Yarborough.) The basic idea behind the reliance upon paramilitaries has been to keep the Colombian military from being involved directly in the Colombian government’s dirty war against the guerrillas and rural noncombatants and thus avoid having “dirty hands”. As Father Giraldo observed back in 1996, “Paramilitarism becomes, then, the keystone of a strategy of “Dirty War”, where the “dirty” actions cannot be attributed to persons on behalf of the State because they have been delegated, passed along or projected upon confused bodies of armed civilians.” (Colombia: The Genocidal Democracy, Common Courage Press, 1996, p. 81). There are many examples of the paramilitary death squad actions. One of these was a terrible slaughter by machetes and chainsaws of an estimated 30 civilians in the town of Mapiripan in Meta Department on July 15-20, 1997, in which paramilitary forces under the command of Carlos Castano in northern Colombia were allowed to travel by airplane with Colombian military acquiescence to reach their target community in southeast Colombia. A second example of the vicious attacks of paramilitary forces upon civilians was the slaughter on February 21, 2005 of 8 persons of the Peace Community of San Jose de Apartado in Antioquia Department, including a founder and leader of that Community, Luis Eduardo Guerra. The latter massacre was carried out with the assistance of Colombian Army soldiers from the Seventeenth and Eleventh Brigades.

While Ms. Priest approvingly suggests that Colombia “with its vibrant economy and swanky Bogota social scene” is far removed from Afghanistan, she fails to recognize that most of Bogota’s nearly 8 million residents are very poor, while a great majority of the country’s rural residents are impoverished. To be accurate in her portrayal of present-day Colombia, Ms. Priest should recognize and acknowledge that the distribution of land among Colombia’s population is the second worst in South America, after Paraguay, and the 11th worst in the world. (Oxfam Research Reports, “Divide and Purchase: How land ownership is being concentrated in Colombia”, 2013, p.7. See http://www.oxfam.org.) In rural areas paramilitary forces, supposedly demobilized in a sham proceeding during Alvaro Uribe’s Presidency, continue to threaten and murder campesinos (small-scale farmers) and force them and their families off their lands, so they can be taken over by large landowners or multinational corporations with mining and petroleum plans encouraged by the government of President Juan Manuel Santos. Paramilitary activity also continues to account for murders of labor union leaders and organizers, more of whom are killed in Colombia year after year than in any other country in the world.

It is also disappointing that Ms. Priest makes no mention of the fact that there are some 6 million internally-displaced persons in Colombia, more than any other country in the world. In his December 27-29 article in Counterpunch, titled “Mythmaking in the Washington Post: Washington’s Real Aims in Colombia”, Nick Alexandrov correctly calls attention to Ms. Priest’s failure to take into account these displaced persons. And he also properly focuses criticism upon Ms. Priest’s failure correctly to acknowledge one of the most important links of the United State to Colombia and one of the most damaging: the drug trade and the effects of coca crop spraying (fumigation) upon Colombia’s rural population. Here again the responsibility of the United States government is clear and direct. As Mr. Alexandrov points out, tens of thousands of Colombia’s campesinos have been decimated economically as their legal food crops are destroyed through fumigation under direct control of the United States government. As a Colombia Support Network delegation was told by U. S. Embassy personnel while Anne Patterson was Ambassador there, the crop-spraying campaign using Round-Up Ultra has been controlled from the Embassy itself. Indeed, mayors of towns in Putumayo Department (province) told us they are not informed in advance and have no control over when fumigation of farm fields in their municipalities occurs.

Furthermore, the assertion that the FARC are principally responsible for Colombia’s production of illicit drugs is questionable. Right-wing paramilitaries, protected by the Colombian Army and linked to many Colombian political figures, have been involved in the drug trade for decades, and continue to benefit from this trade, as do their benefactors in the private sector, such as owners of large cattle ranches, merchants, and banana plantation owners. And the United States government has supported and even idealized one of the persons most responsible for corruption of the political process in Colombia, Alvaro Uribe Velez. Before his election as President in 2002, Alvaro Uribe had been identified by the United States government as linked to drug-trafficking. As Virginia Vallejo, a Colombian television journalist and sometime love interest of Pablo Escobar, suggested to me in a telephone conversation and mentioned in her book, Amando a Pablo, Odiando a Escobar (Random House Mondadori, September 2007), Alvaro Uribe was favored by Escobar. He allegedly approved the opening of drug-transit airstrips as Director of Civil Aeronautics. Later, as Governor of Antioquia Department, Uribe promoted the formation of so-called “self-defense” forces, which morphed into cut-throat, illegal paramilitaries who ravaged the countryside. His cousin Mario Uribe, with whom he has been particularly close, was convicted of corrupt actions and spent time in prison, while his brother Santiago Uribe Velez is about to be prosecuted for organizing and training illegal paramilitary forces on a Uribe family ranch. When Alvaro Uribe ran for re-election in 2004, his agents bribed Congresswoman Yidis Medina to get her to change her vote in committee so that Uribe could be re-elected (not permitted at that time by the Colombian Constitution). Yidis Medina went to prison for having received the bribe, but neither Alvaro Uribe nor his staff members who offered the bribe have been convicted and sentenced for the offenses they committed.

What was the reaction of the United States government to President Uribe’s alleged promotion of illegal activities? He was awarded the Presidential Medal of Freedom by President George W. Bush, the highest honor a President can convey upon any person! (For a detailed account of Alvaro Uribe’s purported misdeeds, see the Master’s thesis of Francisco Simon Conejos at the University of Valencia, Spain, of December 2012, titled, in English translation, “Crimes Against Humanity in Colombia: Elements to Implicate Ex-President Alvaro Uribe Velez before Universal Justice and the International Criminal Court”.)

No analysis of the United States’ role in Colombia can properly ignore the relationships and responsibilities outlined above. But even beyond these points if one is to consider whether the United States’ actions toward and in Colombia have been beneficial for that country and its people, one must look at the effect of the United States government’s support for corporate interests of companies from this country and their actions in Colombia. The policies of Presidents Clinton, Bush and Obama in the past two decades have advanced the agendas of mining and petroleum companies— such as Exxon Mobil, Occidental Petroleum, and Drummond— and food companies— such as Chiquita Banana and, most recently, Cargill— while these companies’ activities in rural Colombia have caused environmental damage, massive displacement of residents of these areas and destruction of the campesino economy. One wishes that Ms. Priest had treated the Colombian context much more broadly to provide a much more complete and honest view of how United States government actions and policies have affected the population of this important country, with Latin America’s third largest population (after Brazil and Mexico).

John I. Laun is president of the Colombia Support Network.

January 3, 2014 Posted by | Corruption, Deception, Economics, Mainstream Media, Warmongering | , , , | Leave a comment

Court Says Border Searches Of Your Computer Are Okay Because You Shouldn’t Keep Important Info On Your Computer

By Mike Masnick | Techdirt | December 31, 2013

This one is hardly a surprise, given how many (though not all) courts have ruled concerning searches of computing devices at the border. The government’s general theory is that there is no 4th Amendment right at the border, and thus customs officials can search anything. The argument that they’re trying to prevent “bad stuff” from getting into the country really doesn’t make much sense though. If bad stuff is “on a computer” it could easily be sent digitally across the border with no intervention from a customs official. Furthermore, making border searches of laptops and phones even more troubling is the nature of how information is stored. When we pack for a trip we deliberately choose what to include in our suitcase — so we know what’s coming with us. However, on our electronic devices, we pretty much store absolutely everything. Arguing that these are subject to a full search seems problematic — but many courts have found otherwise.

And, now there’s another one. A judge in NY has dismissed a challenge to the searches brought by the ACLU. The judge, Edward Korman, repeatedly quotes former head of Homeland Security, Michael Chertoff, who now makes money by hyping up the threats the country faces, so it’s not like he’s the most unbiased of folks to be relying on for how important these border searches really are. Judge Korman claims that the defendants have no standing to bring the case in the first place. There is one individual (a PhD. student) who actually had his computer searched, and then some professional organizations who worried about their members having their computers searched. The judge is simply not impressed by their arguments… at all. He notes that Customs and Border Patrol appears to search so few laptops that it’s highly unlikely that any individual will have theirs searched — and thus these groups can’t really allege a likely harm. He points out that it’s wrong to use a declaratory judgment case to address “a claim of alleged injury based on speculation as to conduct which may or may not occur at some unspecified future date.”

As for the one guy, Pascal Abidor, who did have his laptop searched, Judge Korman is also not impressed, noting that he’s not suing over that particular search, but the possibility of future searches. The judge seems a bit perplexed by this decision, but notes that it takes away his ability to get standing:

Abidor could have established standing in this case by adding a cause of action for damages based on his claim that he was subject to an unreasonable search. Such a cause of action would have provided the occasion for a trial or a motion for summary judgment that would have fully developed the record with respect to both the initial quick look search and subsequent forensic search. No such action is alleged.

But, as Judge Korman notes, if he can’t show any real likelihood of future harm, he can’t show standing.

Even after dismissing for lack of standing, the judge decides to take on the issue anyway, and this is where he starts to get really insulting to anyone who thinks that perhaps they should have some privacy rights at the border. He openly mocks the plaintiffs for arguing for the need for a “reasonable suspicion” standard for searches, noting that this bar is so low that it’s not like they’d get much more privacy out if it anyway:

Plaintiffs must be drinking the Kool-Aid if they think that a reasonable suspicion threshold of this kind will enable them to “guarantee” confidentiality to their sources.

He goes on to suggest that since traveling internationally involves going into other countries, these same people would probably have even less privacy over their data, since other countries may be even more willing to search their computers. He even cites the situation of David Miranda having his electronics searched in the UK.

Surely, Pascal Abidor cannot be so naive to expect that when he crosses the Syrian or Lebanese border that the contents of his computer will be immune from searches and seizures at the whim of those who work for Bassar al-Assad or Hassan Nasrallah. Indeed, the New York Times recently reported on the saga of David Michael Miranda who was detained for nine hours by British authorities “while on a stop in London’s Heathrow airport during a trip from Germany to Brazil.”

While the judge’s point is correct that other countries are unlikely to protect the privacy of travelers as well, and that means that any information on a laptop may be inherently unsafe, it seems like a bit of a weak copout to argue that since other countries have no respect for your electronic privacy, that the US shouldn’t either.

He goes even further, arguing that because there’s a “special need” at the border to stop bad people, that it’s perfectly fine to ignore things like probable cause or reasonable suspicion — again quoting Michael Chertoff to suggest that border laptop searches have stopped “bad people” from entering the US.

But then he argues that since everyone knows they may be searched at the border, there isn’t really an invasion of privacy:

The invasion of privacy occasioned by such a border search, however, like the search of luggage, briefcases, and even clothing worn by a person entering the United States, is mitigated by other factors….. As Professor LaFave observes, because “the individual crossing a border is on notice that certain types of searchers are likely to be made, his privacy is less invaded by those searches.” …. Thus, “[t]he individual traveler determines the time and place of the search by his own actions, and he thus has ample opportunity to diminish the impact of that search by limiting the nature and character of the effects which he brings with him.”… Indeed, because of the large number of laptop computers (close to a million per year) that are lost by travelers–numbers that far exceed the comparative handful of laptops that are searched at the border–the sensible advice to all travelers is to “[t]hink twice about the information you carry on your laptop,” and to ask themselves: “Is it really necessary to have so much information accessible to you on your computer.”

This seems problematic on multiple levels. First, if we go by the idea that there’s less of a privacy violation because you know it’s coming, then that gives the government the right to ignore the 4th Amendment so long as it tells you ahead of time that it’s going to ignore the 4th Amendment. Even the Supreme Court in Smith v. Maryland — the infamous case concerning the 3rd party doctrine — states that such a scenario is ridiculous, and that just because you know that you’re going to be searched, it doesn’t automatically make the search reasonable.

As for the suggestion that you shouldn’t store stuff on your computers, I’m sure that’s great in theory, but I’d like judges to make decisions based in reality. This suggestion is basically “don’t use your computer for what it’s designed for, because we might search it.” That’s not exactly compelling.

Again, given past precedents, and the specific facts of this case, it’s not entirely surprising. That doesn’t mean it’s not disappointing to see yet another middle finger given to the 4th Amendment to close out the year.

January 1, 2014 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , , , , , , | Leave a comment

NSA Unit Intercepts Computer Shipments for Secret Access Modifications

By Noel Brinkerhoff | AllGov | January 1, 2014

Sophisticated as it is with myriad forms of electronic spying at its disposal, the National Security Agency (NSA) sometimes resorts to old-fashioned, hands-on methods of breaking into someone’s computer system.

In rare instances when the agency can’t hack its way into a network, the NSA employs a special group of “plumbers” to gain access.

These specialists intercept computer shipments ordered by a targeted person and reroute the boxes to secret workshops. There, the packages are opened, and either software or hardware are implanted into the equipment to allow the NSA full access to the system once it’s operational by the target. The packages are then carefully resealed and sent on their way to the unsuspecting customers.

This type of old-school procedure, referred to by NSA as “interdiction,” is considered by the agency to be one of its “most productive operations,” a method that gives the NSA access to computer networks “around the world.”

These interceptions are just one of the many sneaky tasks performed by the NSA’s Office of Tailored Access Operations (TAO), which is also skilled at electronic snooping.

According to NSA documents obtained by the German newspaper Der Spiegel, TAO handles jobs involving counterterrorism, cyber attacks and traditional espionage.

Matthew Aid, a historian who specializes in NSA history, told Spiegel that TAO is “akin to the wunderkind of the US intelligence community,” adding that within the NSA, the unit is known for “getting the ungettable.”

TAO’s work has extended around the globe, reaching more than 250 targets in nearly 90 countries. It has been projected that about 85,000 computers worldwide were infiltrated by NSA specialists as of the end of 2013. Most of the “implants” were accomplished via the Internet by TAO teams.

“Indeed, TAO specialists have directly accessed the protected networks of democratically elected leaders of countries,” Spiegel wrote. “They infiltrated networks of European telecommunications companies and gained access to and read mails sent over Blackberry’s BES email servers, which until then were believed to be securely encrypted.”

The unit’s successes have given the NSA reason to expand its size and locations since first establishing TAO in 1997.

TAO offices now operate out of Wahiawa, Hawaii; Fort Gordon, Georgia; Buckley Air Force Base near Denver, Colorado; Lackland Air Force Base in San Antonio, Texas; and Fort Meade, Maryland (NSA headquarters).

The San Antonio unit alone is expected to grow from 60 to 270 specialists by 2015.

To Learn More:

Inside TAO: Documents Reveal Top NSA Hacking Unit (Der Spiegel)

Shopping for Spy Gear: Catalog Advertises NSA Toolbox (by Jacob Appelbaum, Judith Horchert and Christian Stöcker, Der Spiegel)

Computer Security Firm Accepted $10 Million Payoff to Give NSA Backdoor Access (by Noel Brinkerhoff, AllGov)

January 1, 2014 Posted by | Corruption, Full Spectrum Dominance | , , , , | Leave a comment