Amendments to CISA “Cybersecurity” Bill Fail in All Regards
By Mark Jaycox | EFF | September 1, 2015
Although grassroots activism has dealt it a blow, the Senate Intelligence Committee’s Cybersecurity Information Sharing Act (CISA) keeps shambling along like the zombie it is. In July, Senator McConnell vowed to hold a final vote on the bill before Congress left for its six-week long summer vacation. In response, EFF and over 20 other privacy groups ran a successful Week of Action, including over 6 million faxes opposing CISA, causing the Senate to postpone the vote until late September.
Senators submitted many amendments to the bill before going on vacation. The amendments, like the original language of the bill, fail to address key issues like the deep link between these government “cybersecurity” authorities and surveillance, as well as the new spying powers the bill would grant to companies.
But “cybersecurity” is already intimately tied to surveillance—a problem CISA would only worsen. Documents released by the New York Times reveal the government used the Comprehensive National Cyber Security Initiative (CNCI) to pay telecommunications companies to spy on consumers using their networks. The CNCI includes initiatives for information gathering, but it’s always been presented to the public as fostering research and encouraging public awareness of cybersecurity problems—not spying on Americans’ Internet traffic.
The revelations are stunning. The NSA paid telecommunications companies nearly $300 million dollars in the 2010 fiscal year to invest in surveillance equipment as part of the CNCI. In fact, STORMBREW’s Breckenridge site was “100% subsidized with CNCI funding.”
In contrast, the DHS only requested $37.2 million during the same time period to support research and development in cybersecurity science and technology. Even if DHS received what it requested, does the American public really want surveillance to outweigh research and education 10 to 1?
The news is compounded by other recently-released Snowden documents that show how the NSA uses foreign intelligence laws to run an intrusion defense system (IDS) on US soil. The documents show that a Justice Department memo gave the agency permission to monitor Internet cables, “without a warrant and on American soil, for data linked to computer intrusions originating abroad — including traffic that flows to suspicious Internet addresses or contains malware.”
CISA—and its amendments—do not even begin to address these serious problems. Instead, they mandate information sharing with the intelligence community, creating even more cyberspying.
EFF will continue to oppose CISA—even if some of these amendments pass—because CISA’s vague definitions, broad legal immunity, and new spying powers allow for a tremendous amount of unnecessary damage to users’ privacy, and it’s highly unlikely that the public will learn about it. Even an amendment (#2612) offered by by Senator Al Franken, which narrows some of the definitions in CISA, does little to clarify its most troubling provisions.
What’s worse is that information-sharing bills like CISA are being painted as silver bullets to data breaches. They aren’t. The bills don’t address problems like unencrypted files, poor computer architecture, un-updated servers, and employees (or contractors) clicking malware links.
Awful Amendments
Plenty of the amendments would make the bill even worse. We’ve already discussed the horrible CFAA amendment, #2626, proposed by Senator Sheldon Whitehouse. The amendment not only increases the scope of the already expansive Computer Fraud and Abuse Act (CFAA) but also authorizes injunctions against botnets (amending 18 U.S.C. § 1345) in a way that creates serious constitutional issues. After all, much of what DOJ and FBI want to do in shutting down botnets is, arguably, a search or a seizure under the Fourth Amendment; moreover, such injunctions may prevent users from communicating, thus raising First Amendment issues. The amendment is a great example of how not to amend the draconian CFAA. If the Senate wants to improve the CFAA, it should take a page out of our book.
Senator Carper has proposed another dubious change to CISA, amendment #2627. The bill attempts to codify the Department of Homeland Security’s EINSTEIN program without any public debate. EINSTEIN is an intrusion detection system—the parent of which was created by the NSA—to scan incoming Internet traffic to the federal government like emails and other connections. DHS has not told the public what agencies are using EINSTEIN. It’s possible that when you email your representative, DHS may also receive a copy. Before codifying EINSTEIN, DHS must be more transparent about the program. The most recent update from DHS about the program is from 2013, and many concerns have been raised about EINSTEIN’s legality and privacy implications. Unlike CISA, Senator Carper’s amendment mandates federal agencies create a plan to identify sensitive information and encrypt it; however, the clause exempts the Department of Defense and the intelligence community. Nor does the amendment authorize additional funding for federal agencies to improve security.
Senator Carper’s attempt to make a horrible bill marginally better is admirable, but he—along with other Senators—should oppose the bill. Even the best amendments fail to fix CISA’s serious flaws.
Not Awful Amendments
Some of the amendments try to narrow the scope of the bill. Senator Chris Coons’ amendment #2552 would limit information sharing to that necessary to describe or identify a cybersecurity threat, while Senator Wyden’s amendment (#2621) would require companies and the government to remove personal information unrelated to the threat.
But these well-meaning changes don’t address the root problems in the bill: the outrageously broad and vague definition of “cybersecurity threat” and the granting of new authorities to spy on users. Senator Franken’s amendment #2612 attempts to address that definition, but even his amendment isn’t enough. Again, no amendment scales back the two new authorities to spy on users and launch countermeasures in the bill.
Other amendments are better, including Senator Patrick Leahy’s #2587, which would remove the current CISA provision exempting all “cyber threat indicators and defensive measures” received by the government from disclosure under the Freedom of Information Act and may help ensure the public can obtain information about how, if CISA is enacted into law, the information “sharing” system actually operates; Senator Jeff Flake’s 6-year sunset (#2582); and, Senator Mike Lee’s email privacy amendment (#2556), which would codify US v. Warshak by amending the Electronic Communications Privacy Act to require warrants for email and other stored content.
While some advocates will paint these amendments as “steps forward,” the amendments merely shuffle deck chairs on the Titanic—even with the better amendments, the bill is still a bad idea. The Senators are going about the wrong strategy. Democrats and libertarian Republicans should be opposing CISA outright. That’s why we’re asking users to continue emailing their Senators to stop this bill. While CISA is the very definition of a zombie bill, the public outcry against it has made a difference. But we can’t stop now. Join us by tweeting, faxing, or emailing your Senator.
U.S. Turns Teen into “Terrorist”
By Margaret Kimberley | Black Agenda Report | September 2, 2015
Ali Shukri Amin is 17-years old, a minor under American law, yet he was just sentenced to eleven years in federal prison. He pleaded guilty and was sentenced as an adult for providing material support for terrorists. This is a crime defined in any way the government wants it to be. Amin had a twitter account, @amreekiwitness, devoted to the group Islamic State, ISIS. He also helped a friend travel to Syria in hopes of joining ISIS. That is the substance of his crime, online opinion and facilitating travel.
The crime of providing material support for terrorists only came into existence with the Patriot Act passed in the aftermath of the September 11th attacks. There are now people serving very long prison terms for providing humanitarian aid, translating documents, sending money abroad, or expressing views in support of nations or groups the United States classifies as terrorist. These crimes are vaguely defined and are often of little consequence to ISIS or any other organization the federal government designates as an enemy.
The prosecutions of Amin and others are meant to make the case for continuing the “war on terror.” This is actually a war of American terror used to justify endless interventions around the world. The Department of Justice would have us believe that a teenager tweeting about making donations to ISIS via bitcoin posed a serious threat. Of course, the United States government is the biggest threat to life in the world. It is the most violent organization with the largest number of kills.
The application of the material support for terror statute is used to capture innocent or harmless people. Some are hoodwinked by agent provocateurs or, like Amin, pose little or no danger. Most importantly, ISIS would not be a credible force in Syria or Libya were it not for American machinations. The United States created the monster and now wants to punish anyone who interacts with it.
At one point Amin, who lived in a Virginia suburb of Washington, DC, had over 4,000 twitter followers who conversed about a variety of issues, including protests in Ferguson, Missouri.
“They cower in fear of us whilst they massacre and oppress you! It’s time to strike fear into the hearts of the oppressors. #FergusonUnderIS”
“May be time to organize Muslims in America upon haqq and mobilize to #Ferguson. Defend the oppressed, start jihad here.”
While Amin and thousands of others expressed their outrage about deadly police brutality, the State Department actually engaged in online debates with the teenager. A bizarre social media program called Think Again, Turn Away is a useless attempt to influence young Muslims who want to fight imperialism through jihad. Aside from having a name reminiscent of a love song title, the effort allowed Amin to engage in argument with and troll the State Department. When the would-be jihad deprogrammers pointed out that ISIS “slaughters innocent people,” Amin had a ready and accurate retort:
“slaughter innocents? You mean like AbdurRahman al-Awlaki, the 16 year old boy not involved with any militants? or what about the thousands killed in drone strikes weekly that make the news? The thousands that don’t? you are nothing more than criminals who betray the Muslims you claim to defend across the globe, butchering them 1.7 million in Iraq, hundreds of thousands in Afghanistan, left, right, everywhere. only an ignoramus who knows nothing about American foreign policy or any Muslim country could accept your lies.”
A few months after these embarrassing interactions, Amin’s mother and his imam unwisely reported him to the FBI in an effort to stop his online involvement with ISIS. He would not have been discovered otherwise.
Killer cops roam the streets with no fear of federal prosecution, but a confused teenager is sent to prison because he holds and expresses opinions contrary to those of the government. Prosecutors use children to make names for themselves and climb the ladder in a corrupt system. American terror is not just carried out abroad with drone strikes and invasions, but it is carried out on a daily basis by the criminal injustice system.
While the Saudis, Israelis and their allies use American money and arms to target civilians for death, anyone who crosses over the thin line of expression is at risk of prosecution and many years in prison. The hypocrisy is stunning but not really surprising. This system will use a child to make its point clear. We live in a police state and anyone who dares to speak up against it is at risk of being made an example.
The federal government does not operate any juvenile facilities. Ali Shukri Amin is now in custody in an adult facility. One need not be a follower of ISIS to see that this is a gross injustice unworthy of a country which claims to be a democracy.
Margaret Kimberley can be reached via e-Mail at Margaret.Kimberley(at)BlackAgendaReport.com.
US Freedom Act a ‘surveillance act in disguise’ – ex-MI5 agent
RT | August 30, 2015
The US is playing games with public trust by passing different versions of the same intrusive surveillance system, a modern day Panopticon. Any alleged changes to the bulk collection program are purely cosmetic, according to ex-MI5 agent Annie Machon.
The recently passed USA Freedom Act was hailed as a stepping stone on the way to renewed public trust after the highly controversial Section 215 of the Patriot Act, which expired in May. Under the new law, the practice of bulk data collection on US citizens will be entrusted to telecom companies, and the NSA will be able to obtain the records through seeking a warrant from the FISA court.
So what does this recent decision mean with regards to the NSA’s bulk collection program, and can Americans feel more at ease about the security of their phone data with the introduction of the new Freedom Act? RT asked the former MI5 agent-turned-whistleblower for her take.
RT: Firstly, what’s your take on this? It’s an isolated court case, you could say, but does it have any big impact, do you think, on the NSA spying program.
Annie Machon: It’s business as usual for them. I’m sure they’re very happy to be told what they’re doing is legal, now. I mean, there have been a number of challenges, where different levels of courts in the US have said bulk metadata collection is legal; it’s illegal; it’s legal again. But, actually, what they’ve been doing is just business as usual under the 215 Section of the Patriot Act, which I think Congress was due to re-ratify at the beginning of June, but it became a bit gridlocked in the whole system. So, you know, they will be very happy with this result.
RT: Certainly, President Obama seems very happy. You know, the White House has hailed the ruling. But earlier in the year, we did hear Obama saying “We’re promising to reform things, too.” Do you think there’s been a significant change in attitude in the White House?
AM: I think they’ve passed the buck, basically, to the judiciary to take the hard decisions. So, now they’ve got this ruling, they don’t need to make the hard political decisions. They’ll just say, “Well, the judge just said its constitutional; that’s fine,” which is bad enough for the American citizens, within America, who will continue to be spied on extensively in the face of this nebulous and ever-changing terrorist threat. However, of course, none of this, whatsoever, had any relevance to the rest of us around the world, where the NSA could merrily go on spying on us all, to every degree they want to, because we’re not American citizens. So, it’s a bit of a back step for privacy advocates in America, but it’s no change for the rest of us.
RT: Yeah, you say no change, Annie, but you know, we’ve got the new Freedom Act to look forward to, too. You know, the one that will replace the Patriot Act. Surely, that’s a step forward, though, isn’t it?
AM: That’s one for Orwellian Newsspeak, I think. “You’re free.” No you’re not. It’s not a freedom act; it’s a surveillance act. They’re trying to recast it to make it sound good, but it’s not. And even if that’s the case in America, even if the NSA were reigned in, and they were not allowed to spy on American citizens, all they have to do is ask their buddies in the Five Eyes group, which would be Canada, New Zealand, Australia, or the UK, to do the spying for them, which would be perfectly legal under any of those countries’ oversight systems, and then just pass the information to the Americans. So, it is, as I said, very much business as usual. They will always find a way to subvert any notional political oversight within their own countries by sharing this information between themselves, and spying on everyone else’s systems. So, we are all still, very much, living under a global Panopticon.
And none of this has any real impact on protecting us from terrorism. We’ve seen this time, and time again. An NSA whistleblower, Thomas Drake, senior staff, said that, actually, there was a lot of information the NSA had in the run up to 9/11, and yet it was not communicated or acted upon appropriately, so the attack occurred. And then we see current and very recent intelligence chiefs in America saying, for example, you know, “Well it stopped all these terrorism attacks.” And they’ve been caught lying under oath to Congress about this. This bulk metadata creates a huge haystack from which no needles have, effectively, been found.
READ MORE:
Virginia teen with pro-ISIS Twitter account sentenced to 11 years in prison
Whistleblowers sue DOJ, FBI, and NSA for malicious prosecution, civil rights violations
Five Reasons Armed Domestic Drones Are a Terrible Idea
By Jay Stanley – ACLU – August 27, 2015
The Daily Beast has reported that North Dakota has enacted a drone bill that permits law enforcement drones to be equipped with weapons such as Tasers, rubber bullets, tear gas, and sound cannons. This is a terrible idea.
Having attended numerous drone meetings and conferences in the past several years attended by a broad array of industry, law enforcement, and other government representatives, I can confidently say that there is a broad consensus that armed domestic drones are beyond the pale. With the exception of one sheriff in Texas who mused about arming drones several years ago, the concept is never even seriously discussed in the drone community. Several states have already enacted flat bans on weaponized drones (examples include Oregon , Virginia, and Wisconsin).
Although there are plenty of states that have not passed drone legislation at all, and some states have enacted legislation that makes no mention of the arming of drones (such as Florida, Tennessee, and Utah), the North Dakota bill is different. While it does explicitly ban the arming of police drones with “lethal weapons,” it remains silent on so-called “less-than-lethal weapons.”
Here’s why arming drones, even with less-frequently-lethal weapons, is a such a bad idea:
- Drones make it too easy to use force. When domestic law enforcement officers can use force from a distance, it may become too easy for them to do so, and the inevitable result will be that these weapons are over-used—just as surveillance tools, having become so cheap and easy, are widely overused. Tasers were originally sold as an alternative to guns—and who could dispute that getting an electric shock is better than getting a bullet? Yet we know that Tasers are routinely used by police officers not as a last-resort use of force, as guns are supposed to be, but as a torture device to get truculent suspects to comply with police commands through the application of pain—and all-too-often, as a way of punishing citizens for the crime of “dissing a cop.”
- “Nonlethal” weapons aren’t actually nonlethal. So-called “nonlethal” or “less-than-lethal” weapons should be called “less lethal” weapons because they do kill. Tasers regularly kill Americans—39 people so far in 2015, according to the Guardian, and comparable numbers each year going back to 2001 according to an Amnesty International report on the technology, which also found that 90% of those killed with Tasers were unarmed.
- Distance=inaccuracy. Even when officers are physically present, fully immersed in a situation—with 360-degree vision and all of their other senses in play—we know that force is often over-used. When officers are not physically present, their perception of a situation and their judgment about when to apply force is more likely to be flawed, non-targets are more likely to be injured, and excessive amounts of force are more likely to be applied. And the drones themselves may be inaccurate due to wind, communications and control problems, or other factors.
- This will open the door to increasing weaponization. If we allow less-lethal weapons to be deployed on drones, how long will it be before the door is opened to fully lethal weapons. Already the Pentagon has developed a small (under 6-pound) lethal “kamikaze” drone called the “Switchblade,” which functions as a pint-sized guided missile. The Army is reportedly considering spending $100 million on such drones under a program called the Lethal Miniature Aerial Munition System.
- It will only increase the militarization of police. The heavily militarized response to the protests in Ferguson and so many other places around the country have been bad enough; imagine if the police there were permitted to fill the skies with drones raining beanbag bullets, Tasers, tear gas, and sound cannons down on protesters.
This bill does impose restrictions on police use of drones for surveillance, which is a good thing, and initially, it banned all weapons on drones. The ACLU supported the initial version of the bill. But the weaponization provision was altered through last-minute lobbying by the state’s police association.
Just because police departments in North Dakota have been given permission by their legislature to fly armed drones does not mean that they need to do so, or will. Indeed the strong national consensus against doing so may hold them back until hopefully this anomalous legislation can be reversed.
Aussie cop charged for leaking footage of fellow officers beating detainee
RT | August 24, 2015
Gold Coast police officer Sergeant Rick Flori may spend up to seven years behind bars for leaking CCTV footage showing his fellow officers brutalizing a young chef, Noa Begic, while he was handcuffed in the Surfers Paradise Police Station basement.
Flori, who leaked the footage of the dramatic incident to the Brisbane Courier-Mail, was formally charged with misconduct in public office after being summoned to police headquarters in Brisbane last week, the newspaper reported. The footage taken in 2012 shows police officers slamming Begic’s face into the concrete floor before the 21-year-old is shoved into the back of a van and brutally punched a number of times by one cop while another holds him.
The video then shows Begic’s blood being routinely washed away by a senior-sergeant who would later quit the force before any adverse findings were made by internal investigators. The senior-constable who threw the punches was only given a suspended dismissal, according to the Courier-Mail. The other two officers involved were reportedly not disciplined at all.
According to Sydney Criminal Lawyers, police allege that Flori, who had spent a quarter of a century in the Queensland Police Force until he was suspended earlier this year, committed the offence by ‘inappropriately obtain[ing]’ confidential surveillance footage from the police CCTV room.
Section 91A of the Queensland Criminal Code 1899 makes it an offence for a public officer, including a police officer, to release information gained as a result of their office. The prosecution must now prove that the act was done with the intention of dishonestly gaining a benefit for Flori or another person, or dishonestly causing a detriment to another person, Sydney Criminal Lawyers report.
The victim of the bashing, Begic, was arrested and charged with ‘public nuisance’ and ‘obstructing police’. The charges against him were later dropped and he won a confidential settlement from the Queensland Police Service, the newspaper reported. After his charges were dropped in June 2012, Begic said it would be “a disgrace” if the officer who leaked the video was punished.
A complaint has been made by Council of Civil Liberties (a voluntary organization concerned with the protection of individual rights and civil liberties) to the Crime and Corruption Commission (CCC) which, according to Sydney Criminal Lawyers, is the same body that made the decision not to prosecute the officers involved in the bashing.
“How is it that the police who were shown on the video as belting the crap out of this particular person have not been charged and yet the person who has leaked it is now being charged with an offence which could put him in jail?” Deputy President Terry O’Gorman told the team of lawyers.
The acting chair of the CCC said she had asked staff involved in the incident to compile details about the matter.
“I accept that needs to be looked at and we agree that police excessive use of force is one of the top five problems with police and we will be looking at that,” she told ABC radio.
Last month supporters of Flori gathered outside the Southport Magistrates Court to praise the officer and show outrage over the four involved in the incident.
Aussie cop charged for leaking footage of fellow officers beating detainee
RT | August 24, 2015
Gold Coast police officer Sergeant Rick Flori may spend up to seven years behind bars for leaking CCTV footage showing his fellow officers brutalizing a young chef, Noa Begic, while he was handcuffed in the Surfers Paradise Police Station basement.
Flori, who leaked the footage of the dramatic incident to the Brisbane Courier-Mail, was formally charged with misconduct in public office after being summoned to police headquarters in Brisbane last week, the newspaper reported. The footage taken in 2012 shows police officers slamming Begic’s face into the concrete floor before the 21-year-old is shoved into the back of a van and brutally punched a number of times by one cop while another holds him.
The video then shows Begic’s blood being routinely washed away by a senior-sergeant who would later quit the force before any adverse findings were made by internal investigators. The senior-constable who threw the punches was only given a suspended dismissal, according to the Courier-Mail. The other two officers involved were reportedly not disciplined at all.
According to Sydney Criminal Lawyers, police allege that Flori, who had spent a quarter of a century in the Queensland Police Force until he was suspended earlier this year, committed the offence by ‘inappropriately obtain[ing]’ confidential surveillance footage from the police CCTV room.
Section 91A of the Queensland Criminal Code 1899 makes it an offence for a public officer, including a police officer, to release information gained as a result of their office. The prosecution must now prove that the act was done with the intention of dishonestly gaining a benefit for Flori or another person, or dishonestly causing a detriment to another person, Sydney Criminal Lawyers report.
The victim of the bashing, Begic, was arrested and charged with ‘public nuisance’ and ‘obstructing police’. The charges against him were later dropped and he won a confidential settlement from the Queensland Police Service, the newspaper reported. After his charges were dropped in June 2012, Begic said it would be “a disgrace” if the officer who leaked the video was punished.
A complaint has been made by Council of Civil Liberties (a voluntary organization concerned with the protection of individual rights and civil liberties) to the Crime and Corruption Commission (CCC) which, according to Sydney Criminal Lawyers, is the same body that made the decision not to prosecute the officers involved in the bashing.
“How is it that the police who were shown on the video as belting the crap out of this particular person have not been charged and yet the person who has leaked it is now being charged with an offence which could put him in jail?” Deputy President Terry O’Gorman told the team of lawyers.
The acting chair of the CCC said she had asked staff involved in the incident to compile details about the matter.
“I accept that needs to be looked at and we agree that police excessive use of force is one of the top five problems with police and we will be looking at that,” she told ABC radio.
Last month supporters of Flori gathered outside the Southport Magistrates Court to praise the officer and show outrage over the four involved in the incident.
Another Egyptian prisoner dies, 3rd in 48 hours
A file photo of Ahmed Hamed, an Egyptian political prisoner who died while in custody on August 21, 2015.
Press TV – August 22, 2015
Another Egyptian political prisoner has died while in custody, the third death in 48 hours and the 13th of the month of August.
Thirty-seven-year-old Ahmed Hamed, father of three children, was pronounced dead on Friday evening in a police station in the city of Faiyum, 100 kilometers southwest of the Egyptian capital Cairo.
Hamed, a supporter of Egypt’s Muslim Brotherhood, lost his life just four days after being “kidnapped” by security forces in civilian clothes from the premises of his residence in Faiyum.
According to Hamed’s family and human rights activists in the city, he died of torture. No further details on his death have been released yet.
This is the third similar case in just 48 hours in Egypt. A 40-year-old man passed away in custody on Wednesday in a hospital in Matariya district in northeastern Cairo. He was detained 15 days before his death on charges of belonging to the Muslim Brotherhood.
Human rights activists in the Egyptian capital had said the man was only transferred to hospital when he was already in a very critical condition also due to torture.
Also on Wednesday, a 72-year-old inmate, serving a three-year prison term on similar charges, died in the Borg El Arab prison in Egypt’s city of Alexandria in the north.
The victim, who was suffering from diabetes and high blood pressure, lost his life due to purported medical negligence upon his return from a court session a day earlier, where he had appeared in a wheelchair.
At least 13 political detainees are now known to have lost their lives inside detention facilities in August alone.
Human rights activists emphasize that “deliberate and systematic medical negligence” on the part of prison authorities, torture, overcrowded prisons, and overall “unhealthy and inhumane” conditions imposed on more than 40,000 political prisoners in Egypt’s detention facilities are the causes behind the deaths.
Nearly 300 political prisoners have died in Egyptian detention facilities since then army chief and current President Abdel-Fattah al-Sisi ousted Egypt’s first democratically-elected president, Mohamed Morsi, in July 2013 in a coup.
Sisi then launched brutal crackdown on pro-Morsi protesters and brotherhood members, leading to the killing of hundreds and the arrest and imprisonment of tens of thousands, many of whom have been sentenced to death and long prison terms in mass trials.
The New “Steps Towards Democracy” in South Korea
By Konstantin Asmolov | New Eastern Outlook | August 22, 2015
On July 15 2015, the police of the Republic of Korea in Seoul raided the office and residence of members of the civil movement, “Korean Alliance”, (in Korea – the association for independent reunification and the development of democracy), who advocate the expansion of ties with the DPRK. This organization was created in November 2011 to implement the independent reunification of the two Koreas without external influence. It demands the withdrawal of foreign troops (read – the US, because there are no others) from the Korean peninsula and advocates the abolition of the National Security Law (NSL), which (among other things) prohibits citizens of the Republic of Korea, any unauthorized contact with North Koreans and actions to support the DPRK.
According to law enforcement officials, the movement is suspected of “promoting North Korean ideology and actions in support of Pyongyang.” About 100 police officers went to the movement’s offices in order to seize documents for the investigation.
According to investigators, members of the movement, which the authorities consider “anti-government“, repeatedly published messages indicating a positive attitude towards the North Korean regime on the Internet, as well as organizing public events against the NSL. Furthermore, in 2013 during a stay in Germany, one of the members of the movement allegedly attended a seminar organized by the pro-North Korean group and was in contact with officials from the DPRK.
In addition, the chairman of the organization was the late pastor, Pak Chan Kyung, who, according to secret service agents, was previously deputy chairman of the pro-North Korean, organization “Korean Association for the Reunification of the Motherland.”
Its members are holding protests, calling for a stop to the investigation, but the chances of getting away with this are very slim. After all, at the same time the law-enforcement system in South Korea has taken “an important step toward democracy.” This entails the decision by the Constitutional Court on the issue of whether possession of North Korean literature is a political offense subject to proceedings under the Law on National Security. In comparison to the ban on the United Progressive Party, against which only one judge out of nine spoke up, the number of those voting “against” has risen to three, yet the ruling has been passed.
The decision was made in connection with the appeal by Hon, who was accused by the court of Suwon of violating the National Security Law. He was counted as belonging to the “anti-state organization” on the grounds that memoirs of Kim Il Sung were found on the hard drive of his computer, but he filed a protest, claiming that he held such materials to “better know the enemy.”
The court judgement confirmed that the NSL is vital in curbing social unrest, and necessary to ensure public safety and freedom by preventing actions that could lead to a violent regime change. Moreover, according to the Court, these restrictions did not violate freedom of speech. Of course, they could be used to suppress political opposition, but this should be separated from pro-North Korean activities. Such bans are precautions against possible social instability achieved by means of illegal protests.
As stated by the judges in their verdict, “given the current circumstances in the country, national security is critically dependent on the law which is being proposed for review. We recognize that, currently, there is no clear and direct threat, but it is in the public’s interest to restrain these violent ideas before they gain impetus.” Therefore, the storage of materials was sufficient for prosecution. “Given the level of modern scientific and technological progress, the rapid dissemination of materials via the Internet is very likely. The law prohibits the storage of individual anti-state literature without legal authorization.” In other words, anything that is not permitted is prohibited. Even if you’re just interested in North Korea without being a patented fighter with the Communists, this poses the threat of sedition.
It is curious that such an interpretation is, in fact, the assumption that a person that stores such information is, a priori, a supporter of North Korea.
Three of the judges, however, did not agree with this interpretation: the punishment for possession alone without proof of proliferation creates a great potential for errors or violations of the law. Too much depends on the personal opinion of the investigator. It requires additional evidence that the accused distributed these materials or kept them because they held similar views.
Let’s translate this law into the language of reality. Just the mere fact that you keep a copy of “Mein Kampf” at home automatically makes you a fascist and a suspect in a series of other crimes motivated by ethnic hatred, why else would a person keep this at home? And silly talk such as “how can you study Hitler, without reading Hitler?” are just flimsy excuses; if you are not registered as an official opponent of Hitler, then you must be one of his secret supporters, and so, face criminal prosecution. In general, if we compare this case with Russian practice, we have to ask ourselves who is catching up with the Russian Federation – North Korea, or even the Republic of Korea?
In this context, one cannot but recall the textbook for North Korea’s lawyers, issued by the Ministry of Public Security (i.e. by the ordinary, detective police) of North Korea in 2009. The book contains a great number of examples of various offenses, including an example very similar to the aforementioned, right up to the prescribed punishment.
Finally, here’s more recent news from July 31, 2015. The Constitutional Court has recognized the legitimacy of the Republic of Korea’s Law on the election of officials, which requires Internet users to use their real names during the electoral period. This relates to paragraph 6 of Article 82 and paragraph 1 of Article 261, which requires the user to specify their real names if they want to express opinions about political parties or candidates for leadership positions. For violation of these requirements, fines of up to 10 million Won, or 8.5 thousand Dollars are enforced. This requirement is effective only during the election period, because, according to the decision of the Constitutional Court dated August 23, 2010, the collection of users’ personal information when working with the Internet violates the constitutional rights of citizens. Thus, the 2007 requirement of the identification of Internet users was lifted, so as to prevent the interference with freedom of expression on the Internet.
Today’s decision by the Constitutional Court came in response to a complaint filed in 2013 by Daum, the web-portal whose headquarters are on the island of Jeju. The Jeju Provincial Electoral Commission fined the portal for breach of compliance with the requirement to indicate the real names of users during the 2012 presidential election. The Portal administration felt that this requirement was contrary to the decision of the Constitutional Court from 2010. Meanwhile, five of the nine judges found no violation of the law requiring users to indicate their real names. Especially, since it does not reveal the individual’s full personal information and is valid only during the election period. The other four judges considered that the requirement was unconstitutional because it required online-voters to disclose personal data, even if only for a limited period.
Here we should note the following: the Internet in South Korea is already only provided with passport identification. To register on a forum or to perform any transaction, it is necessary to submit a unique identification number. But here we are talking about the compulsory disclosure of personal data in any attempt to discuss politicized issues. Obviously, it’s not just for the sake of combating Internet trolling (which is usually cited to justify abolishing anonymity), but, so the state security organs could easily identify anyone whose thinking does not coincide with “the party line.”
This is an obvious crackdown. How it interfaces with the internal policies and whether it is possible, in this context, to say that conservative circles are regaining their former influence in the Republic of Korea will be in one of our forthcoming articles.
Konstantin Asmolov, PhD (History) is a Senior Researcher at the Institute of Oriental Studies of the Russian Academy of Sciences.
US ‘shamefully’ refuse to release Shaker Aamer from Guantanamo despite UK pressure
Shaker Aamer © Wikipedia
RT | August 20, 2015
American authorities are “shamefully” refusing to release Shaker Aamer, the last British resident detained at Guantanamo Bay, despite calls from Prime Minister David Cameron for the prisoner to be freed, a lawyer has claimed.
Aamer’s legal counsel Ramzi Kassem called on the British government to pressure the White House further after President Barack Obama promised to “prioritize” his case in January.
Kassem also blasted the US government for refusing to allow Aamer access to independent doctors, despite concerns over the neutrality of army medical personnel.
The New York-based lawyer said the physical condition of Aamer, who has been imprisoned without trial for 14 years, “deteriorates with each passing day.”
Kassem filed a 26-page motion at a court in Washington calling for the British resident to be examined by two independent doctors and an army doctor to gauge how Aamer is coping with post-traumatic stress.
The Department of Defense has rejected the request, claiming it is too “difficult.”
Aamer’s last independent assessment took place in October 2013, when Californian psychiatrist Dr. Emily Keram described he had been mentally “destroyed” by interrogators, who allegedly subjected him to sleep deprivation and beatings.
Law professor Kassem expressed dismay at the reluctance of US authorities to release Aamer.
“It is truly shameful that we have to litigate every step of the way despite the prime minister’s demand and the president’s pledge to prioritize Shaker’s case,” he said.
“The UK government must press the White House to make good on its promise. The only thing more shameful are the arguments the US government is making in court to prevent Shaker’s examination.”
Cameron raised the issue with Obama on his official visit to the US earlier this year.
Obama promised to “prioritize” the case in January, but Aamer’s legal team claim nothing has been done to progress his case.
Writing in the Guardian last Friday, Aamer’s UK lawyer Clive Stafford Smith claimed the US military has deliberately ignored Obama’s order in breach of the constitution.
“President Obama, it seems, has personally ordered Aamer’s release, and his subordinates have ignored and thwarted his order,” Smith wrote.
“The contravention of the president’s orders indicates that there is a profound problem with the state of democracy in America.”
Kassem slammed the US government for not taking Aamer’s physical and mental health seriously.
He condemned the United States’ “self-servingly attempts to dismiss Mr. Aamer’s reliably-diagnosed and grave ailments as only ‘minor long-term impairments.’”
Aamer has never been charged with a crime or faced trial since he arrived at the high security prison in Cuba.
In describing his treatment at Guantanamo Bay, Aamer said he was stripped of his pride.
“I was not a human being any more. I meant nothing to them. I lost my dignity, my pride,” he said.
“I had to take off my underwear and hand it to them. I had sleep deprivation for 11 days. That made me crazy. They poured cold water over me. They kept me standing for 20 hours a day. I had to hold my hands and arms out.
“All of the statements I made at Bagram were during the sleep deprivation. I would have said anything. I told them, ‘I will tell you I am Bin Laden if you want me to,’” he said.
Aamer was arrested in 2001 in Afghanistan and subsequently moved to Guantanamo Bay, where in 2007 the US military claimed he was a “close associate” of Osama Bin Laden and a “recruiter, financier, and facilitator” for Al-Qaeda.
The Saudi citizen has always insisted he was only in the country to perform charitable work and said he confessed to being a jihadist while being tortured at the hands of the CIA.
Obama Administration Supports Privacy-Invasive “Cybersecurity” Bill
By Mark Jaycox | EFF | August 20, 2015
Right before Congress left for its annual summer vacation the Obama Administration endorsed the Senate Intelligence Committee’s Cybersecurity Information Sharing Act (CISA). EFF opposes the bill because its vague definitions, broad legal immunity, and new spying powers allow for a tremendous amount of unnecessary damage to users’ privacy. Just last week the Department of Homeland Security agreed and criticized CISPA for its lack of privacy protections. More importantly, CISA fails to address the causes of the recent highly publicized data breaches.
The Obama administration’s endorsement is a complete reversal from its previous stance on privacy-invasive cybersecurity bills. In 2012, the White House published a detailed two-page veto threat against CISA’s antecedent, the Cybersecurity Information Sharing and Protection Act (CISPA). In the letter the Administration noted CISPA:
lacks sufficient limitations on the sharing of personally identifiable information between private entities
and that it would
inappropriately shield companies from any suits where a company’s actions are based on cyber threat information identified, obtained, or shared under this bill, regardless of whether that action otherwise violated Federal criminal law or results in damage or loss of life.
The same is true of CISA, which is why the Administration should’ve vetoed the bill. Like CISPA, CISA
- Adds a new authority for companies to monitor information systems to protect an entity’s hardware or software.
- Fails to mandate companies and the government remove unrelated personal information before sharing it with government agencies like the NSA.
- Grants broad legal immunity to companies for sharing more private information with the government than they’re currently permitted to do.
Lastly, CISA, like CISPA, doesn’t address problems identified by recent data breaches like unencrypted files, poor computer architecture, un-updated servers, and employees (or contractors) clicking malware links.
The administration has invested immense capital into looking strong on cybersecurity since January. And instead of publishing another veto threat, the White House Press Secretary urged the Senate to pass CISA. There was no deep analysis as in 2012. There was no explanation about CISA’s own privacy problems. And there was no acknowledgement about the White House’s sudden change in position.
Even though the President wants to sign the bill, the Senate must pass CISA first. Privacy advocates have defeated these “cybersecurity bills” five times in the past five years. In July, users and privacy advocates postponed a vote on CISA after sending over 6 million faxes opposing CISA to Senators during a Week of Action. Unfortunately, the vote was only postponed to mid-September when Congress gets back from vacation.
We must continue the pressure on the Senate to stop this bill. Please join us in continuing to tell our Senators to say no to CISA.


