EU subservient to US – Irish MP who called Obama ‘war criminal’
RT | July 12, 2013
Standing up to one’s government is becoming the only way for citizens to stop the spread of Western imperialism and its double standards, said Clare Daly, the now famous Irish MP who lambasted President Obama at Northern Ireland’s G8 summit.
RT recently interviewed Daly, discussing matters of politics, economics and human rights set against a backdrop of US pressure on the world to comply with its vision.
Despite hefty political backlash incurred after the summit for calling Obama a “war criminal,” Daly appeared optimistic that her views were shared by many across the world. She ultimately believes, she said, that it is those people across Europe and America who should scrutinize their politicians and demand greater accountability in foreign affairs and a lesser flexibility to US coercion where matters like war in the Middle East and the fate of whistleblowers are concerned.
Speaking of Ireland, which some may remember was the subject of her attack at the summit, she complained of the country’s “unprecedented slobbering” whenever Obama appeared on the horizon, saying that, “It’s hard to know which is worse, whether it’s the outpourings of the Obamas themselves, or the sycophantic fawning over them by sections of the media and the political establishment.”
But she also takes a more encompassing view of things, underlining the suffering of the austerity-ridden Irish.
“When Obama visited, [the government] would make no points of criticism, everything was wonderful. We must get American companies into this country to create employment, but the reality is that most of the American companies come to avoid paying their taxes at home and in Ireland, which means it is ordinary people who suffer, and the very wealthy are those who want these companies to benefit,” she said, emphasizing Europe’s economic subservience to the United States.
The political and moral implications of this subservience are Daly’s main targets.
Ireland, she says, is a neutral country. But that policy loses meaning already at Ireland’s Shannon airport: whether it is the government’s ignoring of planes armed to the teeth, or suspicious cargo that could be anything from arms deliveries for third parties, to prisoners being relayed for rendition by the CIA, there is a relationship of unquestioning submissiveness when it comes to the Irish government and the US.
“The arrangement is that when a military aircraft lands on our territory, they are not supposed to be armed, carrying explosives, weapons, not engaged in intelligence or in any military exercise. But our question is, how do we know they are not providing ammunition for Syria? We don’t know that, because the Irish government won’t investigate or carry out inspections of those flights as they should.”
“They never go on to an aircraft when the US carries people suspected of being trafficked on rendition flights – do they ask them about passports? The Irish government turned a blind eye on that.”
The opposite logic was applied to the rumor of NSA whistleblower Edward Snowden stopping over in Ireland on a commercial flight from Moscow to Cuba, with the Americans sending a provisional arrest warrant to the Irish in the hopes that they would hand him over. Daly herself is a great supporter of Snowden’s struggle and considers him an international hero.
And Daly is not surprised with the lax attitude European governments took to Snowden’s revelations about the US spying on the world and its governments. She believes those governments ultimately want the same thing, on the one hand, and on the other – they fear economic and political pressure from the US.
“They have a reason to be fearful because the United States is using its weight – its economic weight, in some instances, and its military weight in others – to intimidate those countries. I think we saw that graphically with Ecuador – threatening to take their trade preferences from them if they were to give him asylum.”
The grounding of the Bolivian president’s plane in Vienna and the collusion of every major Western European country in the incident is seen by Daly as a supreme example of this process.
Her final conclusion is that ordinary people must not give up the fight for what they believe is right. And that fight must encompass all spheres of life – from economics to politics and to the defense of people and whistleblowers of all kinds – because their governments appear unwilling to take the stance against US hegemony themselves.
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Microsoft helped the NSA bypass encryption, new Snowden leak reveals
RT | July 11, 2013
Microsoft worked hand-in-hand with the United States government in order to allow federal investigators to bypass encryption mechanisms meant to protect the privacy of millions of users, Edward Snowden told The Guardian.
According to an article published on Thursday by the British newspaper, internal National Security Agency memos show that Microsoft actually helped the federal government find a way to decrypt messages sent over select platforms, including Outlook.com Web chat, Hotmail email service, and Skype.
The Guardian wrote that Snowden, the 30-year-old former systems administrator for NSA contractor Booz Allen Hamilton, provided the paper with files detailing a sophisticated relationship between America’s intelligence sector and Silicon Valley.
The documents, which are reportedly marked top-secret, come in the wake of other high-profile disclosures attributed to Snowden since he first started collaborating with the paper for articles published beginning June 6. The United States government has since indicted Snowden under the Espionage Act, and he has requested asylum from no fewer than 20 foreign nations.
Thursday’s article is authored by Glenn Greenwald and Laura Poitras, two journalists who interviewed Snowden at length before he publicly revealed himself to be the source of the NSA leaks. They are joined by co-authors Ewen MacAskill, Spencer Ackerman and Dominic Rushe, who wrote that the classified documents not only reveal the degree in which Microsoft worked with the feds, but also detail the PRISM internet surveillance program. The US government’s relationships with tech companies are also included in the documents, according to the journalists.
“The latest NSA revelations further expose the tensions between Silicon Valley and the Obama administration,” the journalists wrote. “All the major tech firms are lobbying the government to allow them to disclose more fully the extent and nature of their cooperation with the NSA to meet their customers’ privacy concerns. Privately, tech executives are at pains to distance themselves from claims of collaboration and teamwork given by the NSA documents, and insist the process is driven by legal compulsion.”
In the case of Microsoft, however, it appears as if the Bill Gates-founded tech company went out of its way to assist federal investigators.
Among the discoveries made by the latest Snowden leaks, Guardian journalists say that Microsoft specifically aided the NSA in circumventing encrypted chat messages sent over the Outlook.com portal before the product was even launched to the public.
“The files show that the NSA became concerned about the interception of encrypted chats on Microsoft’s Outlook.com portal from the moment the company began testing the service in July last year,” they wrote. “Within five months, the documents explain, Microsoft and the FBI had come up with a solution that allowed the NSA to circumvent encryption on Outlook.com chats.”
According to internal documents cited by the journalists, Microsoft “developed a surveillance capability” that was launched “to deal” with the feds’ concerns that they’d be unable to wiretap encrypted communications conducted over the Web in real time.
“These solutions were successfully tested and went live 12 Dec 2012,” the memo claims, two months before the Outlook.com portal was officially launched.
In a tweet, Greenwald wrote that “the ‘document’ for the Microsoft story is an internal, ongoing NSA bulletin over 3 years,” and that The Guardian “quoted all relevant parts.” The document is not included in the article.
The Guardian revealed that Microsoft worked with intelligence agencies in order to let administrators of the PRISM data collection program easily access user intelligence submitted through its cloud storage service SkyDrive, as well as Skype.
“Skype, which was bought by Microsoft in October 2011, worked with intelligence agencies last year to allow Prism to collect video of conversations as well as audio,” the journalists wrote.
That allegation comes in stark contrast to claims made previously by Skype, in which it swore to protect the privacy of its users. RT reported previously that earlier documentation supplied by Snowden showed that the government possesses the ability to listen in or watch Skype chats “when one end of the call is a conventional telephone and for any combination of ‘audio, video, chat and file transfers’ when Skype users connect by computer alone.”
RT earlier acknowledged that Microsoft obtained a patent last summer that provides for “legal intercept” technology. The technology allows agents to “silently copy communication transmitted via the communication session” without asking for user authorization. In recent weeks, however, Microsoft has attacked the government over its secretive spy powers and even asked the Foreign Intelligence Surveillance Court if it could be more transparent in discussing the details of FISA requests compiling tech companies for data.
“We continue to believe that what we are permitted to publish continues to fall short of what is needed to help the community understand and debate these issues,” Microsoft Vice President John Frank wrote last month.
“In the past, Skype made affirmative promises to users about their inability to perform wiretaps,” Chris Soghoian of the American Civil Liberties Union told The Guardian. “It’s hard to square Microsoft’s secret collaboration with the NSA with its high-profile efforts to compete on privacy with Google.”
Earlier this week, Yahoo requested that the FISA court unseal documents from its own FISA battle. The court ruling in 2008 compelled Yahoo – and later other Silicon Valley entities – to supply the government with user data without requiring a warrant.
“Blanket orders from the secret surveillance court allow these communications to be collected without an individual warrant if the NSA operative has a 51 percent belief that the target is not a US citizen and is not on US soil at the time,” The Guardian reporters wrote. “Targeting US citizens does require an individual warrant, but the NSA is able to collect Americans’ communications without a warrant if the target is a foreign national located overseas.”
During a March press conference, FBI general counsel Andrew Weissman said that federal investigators plan on being able to wiretap any real-time Internet conversation by the end of 2014.
“You do have laws that say you need to keep things for a certain amount of time, but in the cyber realm you can have companies that keep things for five minutes,” he said. “You can imagine totally legitimate reasons for that, but you can also imagine how enticing that ability is for people who are up to no good because the evidence comes and it goes.”
Former CIA officer Ray McGovern expanded further on the subject to RT, remembering the Bush presidency and how unsurprising it is that this sort of breach of rights continues to exist.
“If you look at what happened when Bush, Cheney and General Hayden – who was head of the NSA at the time – deliberately violated the law to eavesdrop on Americans without a warrant, did the telecommunications companies cooperate? Verizon, AT&T…All the giants did…the one that didn’t was Quest. And what happened to Quest? Well, the CEO ended up in jail – and he still might be in jail – on some unrelated charges.”
Later the Congress voted to hold everyone in an innocent light, including the companies who were complicit in the spying. So there is absolutely no disincentive not to engage in violating people’s rights, McGovern warns.
Related article
NSA Spying on Latin American Countries Included Targeting of Trade Secrets
By Noel Brinkerhoff | AllGov | July 11, 2013
The United States has been accused of spying on numerous countries in Latin America in an effort to collect intelligence on trade secrets and military capabilities.
Using information provided by former National Security Agency (NSA) contractor Edward Snowden, a Brazilian newspaper, O Globo, published a story that said the U.S. spy agency has gathered data on telephone calls and emails from Brazil, Colombia, Mexico, Venezuela and others.
The account indicated that the NSA had collected military and security data on countries including Venezuela, while also carrying out surveillance operations to acquire trade secrets from within the oil industry in Venezuela and the energy sector in Mexico.
O Globo also published a story over the weekend saying Brazil was a major target of the NSA’s global spying on telecommunications, which involved the cooperation of American and Brazilian companies (which were not named).
It was additionally reported that the CIA and NSA jointly operated monitoring stations to gain foreign satellite data in 65 countries, including five in Latin America.
In response to the accusations, the U.S. ambassador to Brazil, Thomas Shannon, reportedly denied that Washington has been conducting surveillance operations on Brazilian communications.
News of the alleged spying upset many in Brazil and other Latin countries, which have a history of military governments—often supported by the United States—that spied on their own people.
Brazilian President Dilma Rousseff, who was jailed and tortured in the 1970s under the ruling junta, said her government would raise concerns with the U.N. Commission on Human Rights.
“Brazil’s position on this issue is very clear and very firm,” Rousseff told the media. “We do not agree at all with interference of this kind, not just in Brazil but in any other country.”
To Learn More:
U.S. Spy Spread Through Latin America (by Glenn Greenwald, and Kaz and Roberto Jose’ Casado; O Globo)
Capitals 4 Countries Also Housed the Office of the NSA and CIA (by Kaz and Roberto Jose’ Casado; O Globo)
U.S. and Britain Eavesdropped on World Leaders at 2009 Summits (by Noel Brinkerhoff, AllGov)
US NSA Spied on Venezuela When President Chavez Died, Documents Reveal (alethonews.wordpress.com)
Students In Baltimore Taught To Ignore 9/11 Skeptics
By Keelan Balderson | Wide Shut | July 10, 2013
A new extra-curricular history program taught in Carroll County, Baltimore, USA, is warning students not to get sucked in to 9/11 conspiracy theorizing and that the official Government approved narrative is the only version with any “credence”.
The summer course offered to middle-schoolers aged around 11 years old is one of the first classes to go in depth with the subject with children, some of who were not alive when the tragedy took place.
“That is the first time I have talked about it in front of a group of more than five or six,” said teacher Mike Chrvala. In the past decade, discussing the day has gotten easier, he explained.
Carroll County holds free enrichment classes each year on subjects that include art, play-writing and science. Dick Thompson, the county’s coordinator of the summer courses, thought a class on 9/11 could provide important lessons for children born after the event. It is not taught in great depth during the school year – reports the Baltimore Sun newspaper.
Unsurprisingly the class strongly adheres to the official Government narrative, glossing over “conspiracy theories” as nonsense and praising the controversial Patriot Act and post 9/11 security measures.
Casey Jillson, 12, said the event isn’t just “a bad thing” but has resulted in some positive postscripts. “Our country learned to be more secure and safe,” she explained.
Chrvala hopes his students will “become little torchbearers to teach about 9/11,” though it seems they will only be regurgitating the contextless and biased story cherry-picked and spun together by the Bush Administration.
This isn’t the first or last school class that ignores the Bush Administration’s pre-planned invasion of Afghanistan, and the vast amount of data that shows that elements of the Government had foreknowledge of the attacks and “failed” to prevent the plot at key points, such as the granting of the alleged hijacker’s US Visas despite them failing to correctly fill out applications.
Such alternative information is considered dangerous by Western Governments, with Obama’s information Tsar Cass Sunstein advocating “cognitive infiltration”, and the UK’s DEMOS think tank suggesting so called “critical thinking” be taught in schools so children can counter the “radicalizing” conspiracy theories.
Of course not every wild “space beam” theory has credence, but if true “critical thinking” is to form the basis of children’s education, Government theories should be put under just as much scrutiny as the alternatives.
Merkel justifies NSA eavesdropping surveillance
RT | July 11, 2013
Despite “justified questions” to the American intelligence community regarding eavesdropping on German networks, the US remains Berlin’s “most loyal ally”, announced Chancellor Angela Merkel in interview to Die Zeit weekly.
Merkel has made her first detailed comment into the unraveling diplomatic scandal with the America’s National Security Agency (NSA) global telecommunication eavesdropping, including those of its European allies, Germany foremost among them.
It emerged recently that Germany happens to be the most-snooped-on EU country by the American National Security Agency (NSA). The NSA’s real-time online surveillance PRISM program allows US intelligence agencies to intercept virtually any communications over the internet, phone calls and makes possible direct access to files stored on the servers of major internet companies.
Merkel declared that she herself has learnt about the US surveillance programs, such as the NSA’s PRISM spy program, “through the current reporting” in the media.
In early July spokesman Steffen Seibert announced on the behalf of Chancellor Merkel that “The monitoring of friends – this is unacceptable. It can’t be tolerated,” adding that Merkel had already delivered her concerns to the US. “We are no longer in the Cold War,” Seibert added.
The German government subsequently summoned US Ambassador Philip Murphy to Berlin to explain the incendiary reports.
At the same time according to new revelations made by former NSA contractor Edward Snowden to Germany’s Spiegel magazine, the American NSA and Germany’s intelligence agencies are “in bed together.”
Seibert told Reuters this week that German’s Federal Intelligence Agency’s (BND) cooperation with the NSA “took place within strict legal and judicial guidelines and is controlled by the competent parliamentary committee.”
‘Intelligence is essential for democracies’
Merkel stressed that intelligence “has always been and will in future be essential for the security of citizens” of democratic countries. “A country without intelligence work would be too vulnerable,” Merkel said.
At the same time, she observed that there must be a “balance between maximum freedom and what the state needs to give its citizens the greatest possible security.”
Merkel emphasized that German-American special relationship should not be endangered by the incident.
“America has been, and is, our most loyal ally over all the decades,” Merkel said, but pointed out that Washington should clear up the situation with the US allegedly bugging the embassies of the European countries and the EU facilities, noting that “the Cold War is over.”
Stasi and NSA are not comparable
In acknowledgment of the Germany’s contemporary history, Merkel, who grew up in East Germany, refused to make any parallels between the methods of work of DDR’s secret police Stasi and America’s NSA.
“For me, there is absolutely no comparison between the Stasi and the work of intelligence agencies in democratic states,” she was quoted as saying. “They are two completely different things and such comparisons only lead to a trivialization of what the Stasi did to [East Germany’s] people,” said Merkel.
Rhetoric shift
In the face of the national elections in September, Angela Merkel has come under fierce criticism in connection with the NSA spying scandal for not protesting unequivocally enough, while various German politicians demanded to stop spying immediately.
Germany’s center-left opposition insists on questioning country’s officials with a view to find out what exactly they knew about the American surveillance of German communications before the eavesdropping scandal emerged.
Earlier Germany’s Interior Minister Hans-Peter Friedrich and Justice Minister Sabine Leutheusser-Schnarrenberger both declined any knowledge of the eavesdropping performed by the American US in German networks.
In the interview to Die Zeit Chancellor Merkel revealed that reports from German intelligence agencies are being delivered to her chief of staff, Ronald Pofalla who coordinates their work from the chancellery.
The head of the center-left opposition Social Democratic Party (SPD) Sigmar Gabriel told Spiegel Online that “Ms. Merkel is now trying to shift political responsibility to her chief of staff.”
“That’s an old game: [pretending] not knowing anything at first, trying to play down the problem and then finally pointing the finger at a staff member. But it’s not going to work because it’s clear that the dimensions of this scandal are so great that no person other than the chancellor can ensure that basic rights are defended in Germany,” the SPD leader claimed.
Today battling terrorism is impossible “without the possibility of telecommunications monitoring,” Merkel told the weekly. “The work of intelligence agencies in democratic states was always vital to the safety of citizens and will remain so in the future.”
In the meantime, Friedrich is meeting US Attorney General Eric Holder and White House counterterrorism adviser Lisa Monaco in Washington on Friday for talks dedicated to the NSA scandal. Though Merkel’s government is not likely to pedal the spying issue, Berlin surely expects explanation from Washington in regards of the ‘Snowdengate’ “for all the more-than-justified questions”, Merkel was quoted as telling Die Zeit.
Luxembourg PM resigns over spying scandal
RT | July 11, 2013
Luxembourg’s long-serving Prime Minister Jean-Claude Juncker officially announced he would resign following a spying scandal involving illegal phone-taps and other illicit activities.
The announcement comes as Juncker’s junior coalition partner called for the dissolution of the house and early parliamentary elections.
Juncker’s departure follows allegations the country’s security services abused their power under his watch, including illegally bugging politicians, purchasing cars for private use, and taking payments and favors in return for access to local officials from 2003 to 2009.
A report commissioned by Luxembourg’s parliament into the matter determined that Juncker failed to rein in the agency despite it being under his auspices. The July 5 document further said that the outgoing PM was “politically responsible” for failing to inform the parliamentary committee of control or justice authorities about the Luxembourg State Intelligence Service’s (SREL) alleged illegalities.
The report was commissioned after a Luxembourg weekly newspaper published a secretly-taped conversation from 2008 between Juncker and the head of SREL at the time, Marco Mille.
On tape, Mille revealed that his staff had secretly recorded a conversation involving Luxembourg’s Grand Duke – the monarchial head of state – and that the sovereign was in regular contact with Britain’s Secret Intelligence Service.
The ensuing parliamentary inquiry revealed extensive illicit activity: the existence of 13,000 secret files on people and businesses, illegal wire-taps on business leaders, and a counter-terror operation which was in actually a front to help a Russian oligarch pay US$10 million to a Spanish spy, and even a shadowy private dealership in luxury cars, AFP reports.
In June, the PM survived Luxembourg’s first no confidence vote in 150 years after the opposition Liberals and Greens accused Finance Minister Luc Frieden of pressuring the state prosecutor to stop legal proceedings against a group implicated in a series of 1980s bombings.
However, the specter of a fresh no confidence vote once again hung over Juncker, who became prime minister in 1995 and is the European Union’s longest-serving head of government, following the report.
The PM delivered a defiant speech to lawmakers on Wednesday in which he attempted to refute allegations that he has used the SREL to bolster both him and his Christian Social People’s Party.
Juncker initially refused to step down, claiming the PM should not be expected to resign over the alleged wrongdoing of a few intelligence agents.
“The intelligence service was not my top priority,” Juncker told parliament. “Moreover, I hope Luxembourg will never have a prime minister who sees SREL as [his or her] priority.”
However, Junker’s junior partner, Luxembourg Socialist Workers’ Party (LSAP) President Alex Bodry, called on the PM to take” full political responsibility” for the scandal.
“We invite the prime minister to take full political responsibility in this context and ask the government to intervene with the head of state to clear the path for new elections,” Bodry said.
Juncker, who said it would be impossible to take personal responsibility for the allegations leveled at him, ultimately resigned to avoid a vote of no confidence.
“I will convene the government tomorrow morning at 10am (08:00 GMT) and will go to the Palace to suggest snap elections to the Grand Duke,” he told parliament on Wednesday.
As head of state, only the Grand Duke can officially dissolve parliament.
In line with Junker’s recommendation, the government will continue its work until early elections are held on October 20. It remains unclear whether the outgoing PM intends to run.
Political responsibility as last resort
Luxembourg, a tiny state nestled between Belgium, France and Germany, is viewed as a major European financial hub, where some 40 percent of the country’s 500,000 residents are foreigners working in banks and other European institutions.
Juncker’s departure over intelligence service malfeasance was a major wave in one of Europe’s most politically-stable states.
As the outgoing PM admitted the intelligence service scandal left him “no other choice than to hand in the government’s resignation,” other European leaders are increasingly being scrutinized for the alleged role in sweeping surveillance activities.
UK Foreign Secretary William Hague, who oversees the Government Communications Headquarters (GCHQ), has recently come under fire for the agency’s Tempora surveillance program, as well as its collusion with US National Security Agency’s (NSA) sweeping spying programs.
Last week the European Union began investigating whether Britain had broken EU law following reports it had tapped international phone traffic and shared vast amounts of personal data with the US, an EU source told Reuters.
Viviane Reding, the vice-president of the European Commission and EU commissioner for justice, wrote to Hague asking him to clarify the “scope of the [Tempora surveillance] program, its proportionality and the extent of judicial oversight that applies.”
In Germany, where the US a reportedly combs through half a billion German phone calls, emails and text messages on a daily basis, NSA whistleblower Edward Snowden recently accused the country’s political leadership of ‘being in bed’ with the NSA.
On Wednesday Chancellor Angela Merkel defended Germany’s cooperation with US intelligence, dismissing charges its methods resembled those deployed in the former German Democratic Republic.
“For decades, intelligence services have been working together under certain conditions that are tightly regulated in our country, and this serves our security,” Merkel told the German weekly Die Zeit.
“For me, there is no comparison at all between the state security [Stasi] of the GDR and the work of intelligence services in democratic states,” she continued.
“These are completely different things and such comparisons only lead to a trivialization of what the state security did to people in East Germany,” she said.
With elections slated for September 22, the center-left opposition has pounced on the issue, claiming Merkel, whose office coordinates and oversees Germany’s intelligence services, must have known more about NSA operations.
Related article
- Veteran Luxembourg PM Juncker resigns in spy scandal (vietnamnews.vn)
NSA Blackmailing Obama? | Interview with Whistleblower Russ Tice
breakingtheset · July 9, 2013
Abby Martin talks to Russell Tice, former intelligence analyst and original NSA whistleblower, about how the recent NSA scandal is only scratches the surface of a massive surveillance apparatus, citing specific targets the he saw spying orders for including former senators Hilary Clinton and Barack Obama.
US NSA Spied on Venezuela When President Chavez Died, Documents Reveal
By Tamara Pearson | Venezuelanalysis | July 9, 2013
Mérida – Brazilian daily O Globo, reporting jointly with Guardian journalist Glenn Greenwald informed today that according to the leaked National Security Agency (NSA) documents, the United States has also been spying on Venezuela’s petroleum industry. The information comes as governments confirm that whistleblower Edward Snowden has applied for asylum in Venezuela.
According to the leaked documents, the NSA also spied on other Latin American countries such as Mexico, Argentina, Colombia, and Ecuador.
O Globo reports that, “The United States doesn’t seem to be only interested in military affairs, but also in commercial secrets, such as Venezuela’s petroleum”.
According to the documents, NSA spied on Latin America through at least two programs, the Prism program from 2-8 of February this year, and the “Informant Without Limits” program from January to March.
One document describes Operation Silverzephyr, which accessed information through partnerships with private satellite and phone operators, focusing on Latin American countries. The document shows that the NSA agency collected information through telephone calls, faxes and emails, possibly using the program Fairview.
According to O Globo and the leaked NSA documents, Venezuela was also observed in 2008 through the X-Keyscore program, which identifies the presence of foreigners according to the language they use in emails. Further, in March this year it appears that Venezuela was a priority for the NSA’s spying. President Hugo Chavez died on 5 March, and presidential elections were called for 14 April.
U.S. reacts to Venezuela’s asylum offer
On Sunday U.S. legislators suggested sanctioning countries which grant asylum to Edward Snowden, who leaked the NSA documents to The Guardian. The chair of the U.S. House of Representative’s intelligence committee, Mike Rogers, said Latin American countries are “using Snowden as a public relations tool… we shouldn’t allow this… it’s a serious issue… some Latin American companies enjoy trade benefits from the United States and we’re going to have to revise that”.
Legislator Robert Menendez also said that any “acceptance of Snowden” would put that country “directly against the United States”. The Venezuelan government formally offered Snowden asylum on 5 July. Nicaragua and Bolivia have also done so.
“We’ve made very clear that he [Snowden] has been charged with felonies and as such, he should not be allowed to proceed in any further international travel other than travel that would result in him returning to the United States,” White House Press Secretary Jay Carney told reporters yesterday at his daily news conference.
Yesterday Maduro said that Venezuela has also formally received an asylum request from Snowden, who agencies report to have been in the Moscow airport since 23 June.
Russian legislator Alexei Pushkov also confirmed yesterday (via a Tweet that he later deleted) that Snowden had accepted Venezuela’s offer of political asylum. “It seems that that is the option he feels is safest,” Pushkov wrote. However, later today Wikileaks also tweeted that Snowden had not formally accepted asylum in Venezuela, but also deleted the tweets a few minutes later.
A Secret Court Making Secret Laws? That’s No Democracy
By Mike Masnick | TechDirt | July 8th 2013
Last December, well before the Ed Snowden leaks revealed some information about the FISA court (FISC) and its rulings, we had already noted that the court itself was almost certainly unconstitutional. More recently, we talked about how the fact that all the court’s judges are appointed by the Chief Justice of the Supreme Court means that the court has turned into a rubber stamp made in the image of some of the most “law and order”-minded Chief Justices from the past few decades. Ezra Klein has since expanded on that to discuss the oddity of how current Chief Justice John Roberts is basically the Chief Justice of the Surveillance State, answerable to absolutely no one: “You have exclusive, unaccountable, lifetime power to shape the surveillance state.”
Over the weekend, the NY Times put out a powerful piece discussing how FISC has basically become a shadow Supreme Court, doling out all sorts of important rulings in total secrecy. It rules on cases where it only hears one side, and where there are no appeals, no guarantee that the full story is presented, and involves a bunch of judges who tend to have law enforcement backgrounds before being appointed to the court. In the end, you have a secret court issuing secret rulings by ex-law enforcement officials, allowing their former colleagues ever greater power to spy on everyone.
The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.
[….] Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public. A Court of Review is empaneled to hear appeals, but that is known to have happened only a handful of times in the court’s history, and no case has ever been taken to the Supreme Court. In fact, it is not clear in all circumstances whether Internet and phone companies that are turning over the reams of data even have the right to appear before the FISA court.
As an example of how FISC has basically completely overturned the rules of surveillance in secret, the NY Times reveals the details of some of its thinking, taking a extremely narrow ruling meant to apply in special cases, and turning it into a general rule that has allowed the vast capture of information:
In one of the court’s most important decisions, the judges have expanded the use in terrorism cases of a legal principle known as the “special needs” doctrine and carved out an exception to the Fourth Amendment’s requirement of a warrant for searches and seizures, the officials said.
The special needs doctrine was originally established in 1989 by the Supreme Court in a ruling allowing the drug testing of railway workers, finding that a minimal intrusion on privacy was justified by the government’s need to combat an overriding public danger. Applying that concept more broadly, the FISA judges have ruled that the N.S.A.’s collection and examination of Americans’ communications data to track possible terrorists does not run afoul of the Fourth Amendment, the officials said.
That legal interpretation is significant, several outside legal experts said, because it uses a relatively narrow area of the law — used to justify airport screenings, for instance, or drunken-driving checkpoints — and applies it much more broadly, in secret, to the wholesale collection of communications in pursuit of terrorism suspects. “It seems like a legal stretch,” William C. Banks, a national security law expert at Syracuse University, said in response to a description of the decision. “It’s another way of tilting the scales toward the government in its access to all this data.”
I don’t care where you come down on the importance of widespread surveillance — I just don’t see how you can possibly square the above interpretation of the law with the 4th Amendment. If “special needs” can be used to justify mass collection of data on just about everyone “just in case” it might stop some sort of terrorist attack, then you no longer have a 4th Amendment. At all.
But, the bigger issue here is just the fact that we have a secret court issuing secret interpretations of the law that have a massive impact on our privacy. This is supposed to be an open democracy. An open democracy doesn’t involve secret courts and secret laws. We have laws that everyone knows, and which the public can discuss and weigh in on through their elected officials. When you set up a secret court, making secret rules with no oversight, and with all of the judges appointed by a single Supreme Court Justice with a particular bias, you no longer have a functioning democracy at all. And that’s downright scary.
This is a point that some Senators have been making for years now, but the leaks from Ed Snowden have really made it that much clearer just how insane the situation is. Earlier, it had seemed like perhaps there was one or two rulings from FISC that had some oddities in the interpretation, and which should probably be revealed to the public. However, the various revelations so far suggest that the issue is much, much bigger, and we have a secret “shadow court” system that is systematically obliterating the 4th Amendment and helping to create and then “legitimize” the vast surveillance state.
The Snowden leaks have shone a number of lights on various bad things within our government, but one thing that they have made abundantly clear is that the FISC needs to go. Whether that means it needs to be opened up, or to have greater oversight, or just be done away with completely, could be up for discussion. But if it remains the way it is, it’s clear that we’ve thrown away our basic democratic principles, and moved towards the same sorts of autocratic regimes with secret courts that the US has always presented itself as being against.
Related article
- Five unanswered questions about the NSA’s surveillance programs (alethonews.wordpress.com)
Federal Judge Allows EFF’s NSA Mass Spying Case to Proceed
Rejects Government’s State Secret Privilege Claims in Jewel v. NSA and Shubert v. Obama
EFF | July 8, 2013
San Francisco – A federal judge today rejected the U.S. government’s latest attempt to dismiss the Electronic Frontier Foundation’s (EFF’s) long-running challenge to the government’s illegal dragnet surveillance programs. Today’s ruling means the allegations at the heart of the Jewel case move forward under the supervision of a public federal court.
“The court rightly found that the traditional legal system can determine the legality of the mass, dragnet surveillance of innocent Americans and rejected the government’s invocation of the state secrets privilege to have the case dismissed,” said Cindy Cohn, EFF’s Legal Director. “Over the last month, we came face-to-face with new details of mass, untargeted collection of phone and Internet records, substantially confirmed by the Director of National Intelligence. Today’s decision sets the stage for finally getting a ruling that can stop the dragnet surveillance and restore Americans’ constitutional rights.”
In the ruling, Judge Jeffrey White of the Northern District of California federal court agreed with EFF that the very subject matter of the lawsuit is not a state secret, and any properly classified details can be litigated under the procedures of the Foreign Intelligence Surveillance Act (FISA). As Judge White wrote in the decision, “Congress intended for FISA to displace the common law rules such as the state secrets privilege with regard to matter within FISA’s purview.” While the court allowed the constitutional questions to go forward, it also dismissed some of the statutory claims. A status conference is set for August 23.
EFF’s Jewel case is joined in the litigation with another case, Shubert v. Obama.
“We are pleased that the court found that FISA overrides the state secrets privilege and look forward to addressing the substance of the illegal mass surveillance,” said counsel for Shubert, Ilann Maazel of Emery Celli Brinckerhoff & Abady LLP. “The American people deserve their day in court.”
Filed in 2008, Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA. The case is supported by declarations from three NSA whistleblowers along with a mountain of other evidence. The recent blockbuster revelations about the extent of the NSA spying on telecommunications and Internet activities also bolster EFF’s case.
For the full decision:
https://www.eff.org/node/74895
For more on Jewel v. NSA:
https://www.eff.org/cases/jewel
Five unanswered questions about the NSA’s surveillance programs
By Brendan Sasso | The Hill | 07/07/13
Leaks by former National Security Agency contractor Edward Snowden have provided new insight into how the government monitors domestic and foreign communications for threats to national security.
Although the government has disclosed some additional details about the programs in response to the leaks, important questions remain about the nature and scope of the surveillance programs.
Without that additional information, it is impossible to know the extent to which the government is peering into the lives of Americans in the name of national security, according to privacy advocates.
1. What other data is being collected under the Patriot Act?
The first leak from Snowden was a secret court order demanding that Verizon turn over vast batches of “metadata” on its U.S. customers. The data included the time and duration of calls, as well as the phone numbers involved, but not the contents of the conversations. The data collection was authorized under Section 215 of the Patriot Act.
The Director of National Intelligence (DNI) clarified that while the government does obtain data on millions of U.S. phone calls (and from more companies than just Verizon), it only “queries” the database a limited number of times for specific national security reasons.
Michelle Richardson, a legislative counsel for the American Civil Liberties Union (ACLU), questioned whether the NSA is using Section 215 to collect more than just phone records.
“Is it also financial data or Internet records or other things?” she asked. “Knowing now that the court has been so broad in its interpretation, it’s even more important to figure out what else they’re getting.”
Greg Nojeim, a senior counsel for the Center for Democracy and Technology, said the NSA is likely using the Patriot Act to collect the credit card records and IP addresses of millions of people within and outside of the United States.
2. How broad are the programs?
How many people have been spied on through the NSA programs remains unclear. According to the NSA, it queried its massive database of phone records fewer than 300 times in 2012. But the agency did not disclose figures on other years or how many phone numbers were accessed in those queries.
Richardson explained that a single query could be an algorithm that scans the database and returns information on many people.
The other major program revealed by Snowden is the NSA’s Internet surveillance program, called PRISM. Unlike the phone record collection program under the Patriot Act, the NSA uses PRISM to access the contents of communications, such as emails, video chats, photographs and other information.
According to the DNI, the NSA only accesses those online records if there is a “foreign intelligence purpose” and the target is “reasonably believed” to be outside of the U.S. The program is authorized by Section 702 of the Foreign Intelligence Surveillance Act, and the searches require approval by a secret FISA court.
The NSA has not disclosed how many people it has targeted under Section 702 or how many people were spied on incidentally as part of the program.
“We have no idea how many U.S. persons have had their communications swept up,” said Sharon Bradford Franklin, senior counsel for the Constitution Project.
3. What’s the legal rationale?
The NSA has insisted the surveillance programs comply with the law and are overseen by independent FISA courts. But the opinions of those courts are secret, so little is known about how the courts are enforcing privacy protections or why they signed off on certain surveillance methods.
Section 215 of the Patriot Act allows the government to collect business records if they are “relevant” to a terrorism investigation. The FISA courts have determined that that provision allows the NSA to collect records on virtually all phone calls within and outside of the U.S. Why the court determined that so much data is “relevant” to a terrorism investigation remains unclear.
“Generally we don’t know the legal rationale being offered by the administration and being accepted by the FISA court to justify these particular types of surveillance programs,” Bradford Franklin said. “We should not have secret law in a democracy.”
4. Is the NSA still collecting email records?
One of the latest leaks revealed that beginning in 2001, the NSA collected vast amounts of email records. The NSA was able to identify the email accounts that sent and received messages, as well as IP addresses. The data collection did not include the contents of the emails.
The Obama administration confirmed the existence of the program, but said it ended in 2011 for “operational and resource reasons.”
One major question, according to privacy advocates, is whether the government is still able to obtain similar email records through a separate program.
5. Are there other programs that we don’t know about?
Although the NSA has provided some details about the programs leaked by Snowden, it is unclear what other programs exist and how they work together as part of a broad surveillance strategy.
“There’s this giant surveillance superstructure out there that we’re finally getting glimpses of, but there’s still a lot of questions of how does the whole thing work,” Richardson said.
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Book Review
‘Why Fauci Must Rot in Prison’: A Tale of Two Diaries
By Jill Erzen | The Defender | October 13, 2026
Dr. Anthony Fauci’s private diary reveals a “mind-numbing” contradiction between what the former top U.S. infectious disease official knew about COVID-19 and what he told the public, senior White House adviser Peter Navarro, Ph.D., said last week on “American Thought Leaders.”
In his new book, “Why Fauci Must Rot in Prison,” due out Oct. 20, Navarro compares Fauci’s private entries to his own pandemic-era diary, and uses what he calls “a tale of two diaries” to argue that Fauci should face criminal prosecution.
“I show, actually, how a prosecution can and should happen … at the state level, most likely,” Navarro said. “He should wind up in prison, and we’ve got the receipts in this book to put him there.”
Navarro said Fauci repeatedly acknowledged important facts in private, then publicly pursued policies that contradicted those facts — with devastating consequences.
“What he says many times privately in his diary is so at odds with both his public behavior and public statements that it’s mind-numbing,” Navarro said.
Navarro examines the lasting damage caused by lockdowns and other pandemic policies, and the ongoing toll of long COVID.
His book also addresses questions about vaccine safety, including why healthy young people faced COVID-19 vaccination mandates despite concerns about myocarditis, and why women were not warned about miscarriage risks linked to the shots. … continue
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