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NSA Whistleblower: Everyone in US under virtual surveillance, all info

The FBI has the e-mails of nearly all US citizens, including congressional members, according to NSA whistleblower William Binney. Speaking to RT he warned that the government can use information against anyone it wants.

­One of the best mathematicians and code breakers in NSA history resigned in 2001 because he no longer wanted to be associated with alleged violations of the constitution.

He asserts, that the FBI has access to this data due to a powerful device Naris.

This year Binney received the Callaway award. The annual award was established to recognize those, who stand out for constitutional rights and American values at great risk to their personal or professional lives.

RT: In light of the Petraeus/Allen scandal while the public is so focused on the details of their family drama one may argue that the real scandal in this whole story is the power, the reach of the surveillance state. I mean if we take General Allen – thousands of his personal e-mails have been sifted through private correspondence. It’s not like any of those men was planning an attack on America. Does the scandal prove the notion that there is no such thing as privacy in a surveillance state?

William Binney: Yes, that’s what I’ve been basically saying for quite some time, is that the FBI has access to the data collected, which is basically the e-mails of virtually everybody in the country. And the FBI has access to it. All the congressional members are on the surveillance too, no one is excluded. They are all included. So, yes, this can happen to anyone. If they become a target for whatever reason – they are targeted by the government, the government can go in, or the FBI, or other agencies of the government, they can go into their database, pull all that data collected on them over the years, and we analyze it all. So, we have to actively analyze everything they’ve done for the last 10 years at least.

RT:And it’s not just about those, who could be planning, who could be a threat to national security, but also those, who could be just…

WB: It’s everybody. The Naris device if it takes in the entire line, so it takes in all the data. In fact they advertised they can process the lines at session rates, which means 10 gigabit lines. I forgot the name of the device (it’s not the Naris) – the other one does it at 10 gigabits. That’s why the building Buffdale, because they have to have more storage, because they can’t figure out what’s important, so they are just storing everything there. So, e-mails are going to be stored there for the future, but right now stored in different places around the country. But it is being collected – and the FBI has access to it.

RT:You mean it’s being collected in bulk without even requesting providers?

WB:Yes.

RT:Then what about Google, you know, releasing this biannual transparency report and saying that the government’s demands for personal data is at an all-time high and for all of those requesting the US, Google says they complied with the government’s demands 90% of the time. But they are still saying that they are making the request, it’s not like it’s all being funneled into that storage. What do you say to that?

WB: I would assume, that it’s just simply another source for the same data they are already collecting. My line is in declarations in a court about the 18-T facility in San Francisco, that documented the NSA room inside that AST&T facility, where they had Naris devices to collect data off the fiber optic lines inside the United States. So, that’s kind of a powerful device, that would collect everything it was being sent. It could collect on the order over one hundred billion one thousand character e-mails a day. One device.

RT:You say they sift through billions of e-mails. I wonder how do they prioritize? How do they filter it?

WB: I don’t think they are filtering it. They are just storing it. I think it’s just a matter of selecting when they want it. So, if they want to target you, they would take your attributes, go into that database and pull out all your data.

RT:Were you on the target list?

WB: Oh, sure! I believe I’ve been on it for quite a few years. So I keep telling them everything I think of them in my e-mail. So that when they want to read it they’ll understand what I think of them.

RT:Do you think we all should leave messages for the NSA mail box?

WB: Sure!

RT:You blew the whistle on the agency when George W. Bush was the President. With President Obama in office, in your opinion, has anything changed at the agency – in the surveillance program? In what direction is this administration moving?

WB: The change is it’s getting worse. They are doing more. He is supporting the building of the Buffdale facility, which is over two billion dollars they are spending on storage room for data. That means that they are collecting a lot more now and need more storage for it. That facility by my calculations that I submitted to the court for the electronic frontiers foundation against NSA would hold on the order of 5 zettabytes of data. Just that current storage capacity is being advertised on the web that you can buy. And that’s not talking about what they have in the near future.

RT:What are they going to do with all of that? Ok, they are storing something. Why should anybody be concerned?

WB: If you ever get on the enemies list, like Petraeus did or… for whatever reason, than you can be drained into that surveillance.

RT:Do you think they would… General Petraeus, who was idolized by the same administration? Or General Allen?

WB: There are certainly some questions, that have to be asked, like why would they target it (to begin with)? What law were they breaking?

RT:In case of General Petraeus one would argue that there could have been security breaches. Something like that. But with General Allen  – I don’t quite understand, because when they were looking into his private e-mails to this woman.

WB: That’s the whole point. I am not sure what the internal politics is… That’s part of the program. This government doesn’t want things in the public. It’s not a transparent government. Whatever the reason or the motivation was, I don’t really know, but I certainly think, that there was something going on in the background, that made them target those fellows. Otherwise why would they be doing it? There is no crime there.

RT:It seems that the public is divided between those, who think that the government surveillance program violates their civil liberties, and those, who say: “I’ve nothing to hide. So, why should I care?” What do you say to those, who think that it shouldnt concern them.

WB: The problem is if they think they are not doing anything that’s wrong, they don’t get to define that. The central government does, the central government defines what is right and wrong and whether or not they target you. So, it’s not up to the individuals. Even if they think they are doing something wrong, if their position on something is against what the administration has, then they could easily become a target.

RT:Tell me about the most outrageous thing that you came across during your work at the NSA.

WB: The violations of the constitution and any number of laws that existed at the time. That was the part that I could not be associated with. That’s why I left. They were building social networks on who is communicating and with whom inside this country. So that the entire social network of everybody, of every US citizen was being compiled overtime. So, they are taking from one company alone roughly 320 million records a day. That’s probably accumulated probably close to 20 trillion over the years. The original program that we put together to handle this to be able to identify terrorists anywhere in the world and alert anyone that they were in jeopardy. We would have been able to do that by encrypting everybody’s communications except those, who were targets. So, in essence you would protect their identities and the information about them until you could develop probable cause, and once you showed your probable cause, then you could do a decrypt and target them. And we could do that and isolate those people all alone. It wasn’t a problem at all. There was no difficulty in that.

RT:It sounds very difficult and very complicated. Easier to take everything in and…

WB: No. It’s easier to use the graphing techniques, if you will, for the relationships for the world to filter out data, so that you don’t have to handle all that data. And it doesn’t burden you with a lot more information to look at, than you really need to solve the problem.

RT:Do you think that the agency doesn’t have the filters now?

WB: No.

RT:You have received the Callaway award for civic courage. Congratulations! On the website and in the press release it says: “It is awarded to those, who stand out for constitutional rights and American values at great risk to their personal or professional lives.” Under the code of spy ethics (I don’t know if there is such a thing) your former colleagues, they probably look upon you as a traitor. How do you look back at them?

WB: That’s pretty easy. They are violating the foundation of this entire country. Why this entire government was formed? It’s founded with the constitution and the rights were given to the people in the country under that constitution. They are in violation of that. And under executive order 13526, section 1.7 (governing classification) – you can not classify information to just cover up a crime, which this is- and that was signed by President Obama. Also President Bush signed it earlier executive order, a very similar one. If any of this comes into Supreme court and they rule it unconstitutional, then the entire house of cards of the government falls.

RT:What are the chances of that? What are the odds?

WB: The government is doing the best they can to try to keep it out of court. And, of course, we are trying to do the best we can to get into court. So, we decided it deserves a ruling from the Supreme court. Ultimately the court is supposed to protect the constitution. All these people in the government take an oath to defend the constitution. And they are not living up to the oath of office.

RT:Thank you for this interview.

WB: You are welcome.

December 4, 2012 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite, Timeless or most popular, Video | , , , , | Leave a comment

Australian surveillance ‘out of control’: 20% increase in 1 year

RT | December 3, 2012

Access to private data has increased by 20 per cent by Australia’s law enforcement and government agencies – and with no warrant. Australians are 26 times more prone to be placed under surveillance than people in other countries, local media report.

­In such a way, state structures accessed private information over 300,000 times last year – or 5,800 times every week, figures from the federal Attorney General’s Department showcase.

The data includes phone and internet account information, the details of out and inbound calls, telephone and internet access location data, as well as everything related to the Internet Protocol (IP) addresses visited, the Sydney Morning Herald reports.

Australian media report that every government agency and organization use the gathered telecommunications data, and those include the Australian Crime Commission, the Australian Securities and Investments Commission, the Australian Tax Office, Medicare and Australia Post.

New South Wales (NSW) Police became the biggest users of the private data, with 103,824 access authorizations during the last year – a third of all information accessed by the security forces.

The news triggered massive public outrage, with Australian Greens Senator Scott Ludlam telling Sydney Morning Herald, ‘‘This is the personal data of hundreds of thousands, indeed millions of Australians, and it seems that just about anyone in government can get it.”

He said the move demonstrated the current data access regime was “out of control” and amounted to the framework for a “surveillance state”.

The reports come as the federal government proposes even wider surveillance powers, including a minimum two-year standard for telephone and web providers – a measure causing public controversy.

The president for the local NSW Council for Civil Liberties, Cameron Murphy, told the Australian Financial Review that, according to the statistics, recent proposals to step up police surveillance powers and keep internet and phone data for two years or more was little more than a “fishing expedition”.

“It’s stunning and completely outrageous that so much interception is going on,” Murphy said. “What seems to be happening now is this is being done as a matter of first course and not as a matter of last resort.”

The statistics gathered by the council demonstrate that Australians are 26 times more likely to be placed under surveillance than in comparable countries.

However, a spokesperson for Attorney-General Nicola Roxon indicated that “these new statistics show telephone interception and surveillance powers are playing an even greater role for police so they can successfully pursue kidnappers, murderers and organized criminals.”

Ludlam, on the other hand, detailed what the expansion should be accompanied by.

“It’s incumbent on the parliament’s national security inquiry to recommend some form of warrant authorization be introduced, and that there be a review and reduction of the government agencies that can access the personal communications data of millions of Australians,” he said.

December 3, 2012 Posted by | Civil Liberties, Full Spectrum Dominance | , , | Leave a comment

CPJ: Israel must explain targeting of journalists in Gaza

CPJ | December 2, 2012

Dear Prime Minister Netanyahu,

The Committee to Protect Journalists is gravely concerned that Israeli airstrikes targeted individual journalists and media facilities in the Gaza Strip between November 18 and 20. Journalists and media outlets are protected under international law in military conflict.

A series of Israeli airstrikes struck two buildings that house news media, resulting in injuries to nine journalists, while separate missile attacks resulted in the deaths of three journalists, according to news reports and CPJ research. Israeli officials have broadly asserted that the individuals and facilities had connections to terrorist activity but have disclosed no substantiation for these very serious allegations. CPJ has repeatedly sought, by email and phone, supporting details or evidence from the Israel Defense Forces spokesperson’s office. We have yet to receive information from the spokesperson’s office to substantiate its allegations.

On November 18 and 19, airstrikes targeted Al-Shawa and Housari Tower and Al-Shuruq Tower, both of which are well-known for housing numerous international and local news organizations. The attacks damaged the offices of Hamas-run Al-Aqsa TV and Al-Quds TV, Sky News, Russia Today, Al-Arabiya, and the independent Bethlehem-based Ma’an News Agency. Among the nine wounded journalists was Khader al-Zahhar, a cameraman for Al-Quds TV who lost his right leg in the explosion, according to news reports. Several other international and local news organizations, including Reuters, Agence France-Presse, The Associated Press, and CNN, also have offices in the targeted buildings. Israeli spokesman Mark Regev told Al-Jazeera English on November 19 that Al-Aqsa TV is a “Hamas command and control facility” and that “Hamas used communication facilities on top of the buildings.” He did not state whether or how Hamas used the station militarily.

On November 20, Mahmoud al-Kumi and Hussam Salama, cameramen for the Hamas-run Al-Aqsa TV, were driving away from an assignment at Al-Shifaa Hospital when an Israeli missile hit their vehicle, according to Al-Aqsa TV. The car was marked “TV” in neon-colored letters, the Hamas-run station said. The two men were killed.

A third journalist was killed when his car was hit by a missile that same day, AP reported, citing a Gaza health official. Local news reports identified the victim as Mohamed Abu Aisha, director of the private Al-Quds Educational Radio, whose vehicle was hit while he was driving in the Deir al-Balah neighborhood. The reports did not say whether Abu Aisha was engaged in journalistic work at the time, and CPJ continues to investigate the circumstances of his death.

Al-Aqsa TV, the official Hamas-run television channel, provides news and information that overtly reflect the organization’s anti-Israel perspective. Al-Quds Educational Radio is a private radio station geared toward educational programs; it also provides a pro-Hamas perspective.

On November 20, AP cited Lt. Col. Avital Leibovich, an Israeli military spokeswoman, as saying the three individuals were Hamas operatives. “The targets are people who have relevance to terror activity,” AP quotes Leibovich as saying. An unsigned entry posted on the Israel Defense Forces blog that day asserted that an individual named Muhammed Shamalah, whom it referred to as a Hamas military commander, had been targeted in an airstrike that struck a vehicle identified as “TV.” Neither Leibovich nor the IDF blog entry provided any details to support the claims. Leibovich reiterated these unsupported claims in a letter to The New York Times published on November 29.

CPJ has contacted the IDF spokesperson’s office multiple times, beginning on November 20 and then again on November 27, 28, and 29, and we have sent three written requests seeking an explanation for its claims. We were directed to a Maj. Zohar Halevi who has not responded to our requests.

Alarmingly, spokeswoman Leibovich seeks to erase the crucial legal distinction between armed combatants and journalists covering the perspective of an adversary. “Such terrorists, who hold cameras and notebooks in their hands, are no different from their colleagues who fire rockets aimed at Israeli cities and cannot enjoy the rights and protection afforded to legitimate journalists,” Leibovich writes in the letter to The Times.

All journalists, whether local or foreign, regardless of the perspective from which they report, are afforded the same civilian protections under international law. The Israeli government does not have the right to selectively define who is and who is not a journalist based on national identity or media affiliation. International law also places strict limits on military attacks on all civilian sites, including media outlets. Article 51 of Additional Protocol I to the Geneva Conventions prohibits attacks on civilian sites in which potential damage and loss of civilian life “would be excessive in relation to the concrete and direct military advantage anticipated.”

We request your government provide an immediate and detailed explanation for its actions in targeting Mahmoud al-Kumi, Hussam Salama, and Mohamed Abu Aisha and the two media buildings in the Gaza Strip.

We ask that you consider this a matter of urgency.

Sincerely,

Joel Simon
Executive Director, CPJ

December 2, 2012 Posted by | Civil Liberties, Full Spectrum Dominance, War Crimes | , , , | Leave a comment

Speak2Tweet: Google & Twitter Partner Up with US State Dept. to Monopolise Information Flow Out of Syria

By Martin Iqbal | Empire Strikes Black | 1 December 2012

Amid Internet and telephone network outages in Syria, US-trained opposition activists are using US-supplied satellite phones to contact Google & Twitter’s ‘Speak2Tweet‘ service. Despite these efforts, the service seems so far to be a resounding failure.

Internet and telecommunications networks have been failing across Syria, leading some including Tony Cartalucci to speculate that NATO may be preparing a psychological warfare operation(1) to bolster the flagging unconventional war against Syria.

Recent developments add weight to this theory. There are now reports(2) that Google and Twitter have re-launched their ‘Speak2Tweet’(3) service to ostensibly aid isolated Syrians affected by the communication network outages.

This is reminiscent of Iran’s CIA-sponsored(4) ‘Green Revolution‘ in 2009 wherein Twitter followed White House instructions(5) to delay its scheduled maintenance, in order to provide continued service to Iran’s Green opposition. If this event hinted at Twitter’s possible status as being a CIA tool in this respect, today’s events should leave little doubt.

‘Speak2Tweet‘ is a communication service which allows the user to dial a conventional telephone number and leave a voice message which is then posted to https://twitter.com/speak2tweet where web users can listen. Speak2Tweet was first launched during Egypt’s January 25th ‘revolution’ back in 2011.

At this important time for Google, Hillary Clinton offered an interesting tidbit yesterday. While giving an especially servile, fawning speech at the Saban Center for Middle East Policy’s Opening Gala Dinner in Washington D.C, she quoted Google’s Executive Chairman Eric Schmidt(6) who recently called Israel, “the most important high tech center in the world, after the United States.” I will leave it to the reader to decide whether this suggests a central Israeli role in Google’s recent ventures.

After interviewing Google’s Christine Chen, Al Arabiya tellingly reported:(3) “Although phone connections are also are suspended, some Syrians were able to call and get through.”

This begs the question: if Internet and telecommunications networks have been failing across Syria, how does the opposition manage to communicate using Speak2Tweet, which requires the user to call an international telephone number (using either a mobile telephone or landline)?

US State Department provided Syrian opposition activists with satellite communications equipment and training

Ever since August 2012 Syrian opposition activists have been travelling to Istanbul, Turkey, to receive satellite communications equipment and training from the U.S. State Department.(7) The UK Telegraph reported in August 2012 that the US State Department’s Office of Syrian Opposition Support (OSOS) was overseeing this scheme, with $25 million reportedly being set aside for the project, and a further $5 million coming from Britain.

According to ForeignPolicy.com(8) the activists are all ‘given a satellite phone and computer‘ at the end of their training, and they are expected to return to Syria.

It is important to note at this point that satellite telephony is not affected by Internet and telecommunications network outages, and indeed satellite telephones allow users to call any conventional telephone number. In fact satellite phones are often used in warzones and in areas affected by natural disasters, as terrestrial cell antennas and networks are often damaged and non-operational in such cases.

In view of this it is highly likely as many have posited, that the country-wide communications outages were engineered by the NATO-GCC axis, with a view to allowing the opposition activists to monopolise the information flow using the satellite equipment and training given to them by the U.S. State Department. It should be noted that Google has been involved in training ‘Arab Spring’ opposition activists(9) through its partnership with the US State Department’s Movement.org.

The voice messages that are posted to the service can be listened to online at: https://twitter.com/speak2tweet. After listening to a sample of the messages, at this point in time the service seems to be a resounding failure insofar as the NATO-GCC axis is concerned. Messages range from merely “Allahu Akbar“, to garbled nonsense, and they do nothing to bolster the ongoing propaganda campaign against the Syrian regime. Furthermore, the Speak2Tweet service has most definitely not ‘made waves’ online, with many web users not even being aware of its existence.

Though many of the Speak2Tweet audio messages seem to be coming from people outside Syria, it is eminently clear that the US State Department intended their activist-proxies whom they had trained and supplied with satellite telephones in Istanbul, to be the only people within Syria able to use the service.

As with all aspects of the now struggling NATO-GCC unconventional war against sovereign Syria, this too seems to have been an embarrassing failure and a waste of time and money.

Notes

(1) ‘URGENT: NATO Preparing Psy-Op in Syria’ by Tony Cartalucci.
(2) ‘Google reactivates Speak2Tweet for Syrian Internet cutoff’ – CNET.com, November 30, 2012.
(3) ‘Google and Twitter re-launch ‘Speak2Tweet’ to aid isolated Syrians’ – Al Arabiya, Saturday, 01 December 2012.
(4) ‘Color revolution fails in Iran’ by Thierry Meyssan
(5) ‘US confirms it asked Twitter to stay open to help Iran protesters’ – The Guardian, Wednesday 17 June 2009.
(6) ‘Remarks at the Saban Center for Middle East Policy 2012 Saban Forum Opening Gala Dinner’ – U.S. State Department
(7) ‘Britain and US plan a Syrian revolution from an innocuous office block in Istanbul’ – The Telegraph, 26 Aug 2012.
(8) ‘Holding Civil Society Workshops While Syria Burns’ – ForeignPolicy.com, OCTOBER 10, 2012.
(9) ‘Google’s Revolution Factory’ by Tony Cartalucci.

December 1, 2012 Posted by | Deception, Full Spectrum Dominance | , , , , , , | Leave a comment

US Senate to blacklist and block the assets of Iranian broadcaster IRIB

Update: US Senate approves new Iran sanctions

Press TV – November 30, 2012

The US Senate is set to consider new economic sanctions against Iran that would include the blacklisting and blocking the assets of the Islamic Republic of Iran Broadcasting (IRIB).

The new sanctions, among other economic features, would blacklist the IRIB and its president, block all the IRIB assets and prevent others from doing business with it.

The proposed sanction that would hit the IRIB is another attempt by the West to silence Iranian media. In a flagrant violation of the freedom of speech, two satellite providers Eutelsat SA and Intelsat SA stopped the broadcast of several Iranian satellite channels in October, citing pressure by the European Union.

Earlier this month, the Hong Kong-based Asia Satellite Telecommunications Co. Ltd. (AsiaSat) also took all Iranian channels off air in East Asia under pressure from the US.

The new sanctions to be considered by the US Senate could also target transactions for goods and services with Iran’s energy, oil, port, shipping and ship-building sectors. They would also target trade with Iran in graphite and precious metals.

The bans would also ban insurance or reinsurance providers from trading with Iran in energy, shipping and ship-building sectors, as well as with designated persons and entities.

Foreign banks that handle transactions for Iranian persons that have been designated by the United States could also be targeted by the proposed embargoes.

US lawmakers say the fresh move is part of measures aimed at pressuring Iran to halt its nuclear energy program.

The proposal could be put into vote by the Senate as early as Thursday. It would be included in the annual defense policy bill and must be approved by the Senate and the House of Representatives before it could become law.

US President Barack Obama will finally sign the sanctions into law after they are approved by the Senate and the House of Representatives.

The United States, Israel and some of their allies have repeatedly accused Iran of pursuing non-civilian objectives in its nuclear energy program.

Over the false allegation, Washington and the European Union have imposed illegal unilateral sanctions against the Islamic Republic.

Iran refutes the allegations and argues that as a signatory to the Non-Proliferation Treaty and a member of the International Atomic Energy Agency, it is entitled to develop and acquire nuclear technology for peaceful purposes.

November 30, 2012 Posted by | Full Spectrum Dominance | , , , , , , , | Leave a comment

Reining in Obama and His Drones

By Ralph Nader | November 30, 2012

Barack Obama, former president of the Harvard Law Review and a constitutional law lecturer, should go back and review his coursework. He seems to have declined to comport his presidency to the rule of law.

Let’s focus here on his major expansion of drone warfare in defiance of international law, statutory law and the Constitution. Obama’s drones roam over multiple nations of Asia and Africa and target suspects, both known and unknown, whom the president, in his unbridled discretion, wants to evaporate for the cause of national security.

More than 2,500 people have been killed by Obama’s drones, many of them civilians and bystanders, including American citizens, irrespective of the absence of any “imminent threat” to the United States.

As Justin Elliott of ProPublica wrote: “Under Obama…only 13 percent (of those killed) could be considered militant leaders – either of the Pakistani Taliban, the Afghan Taliban, or Al Qaeda.” The remaining fatalities, apart from many innocent civilians, including children, were people oppressed by their own harsh regimes or dominated by U.S. occupation of their country. Aside from human rights and the laws of war, this distinction between civilian and combatant matters because it shows that Obama’s drones are becoming what Elliott calls “a counterinsurgency air force” for our collaborative regimes.

The “kill lists”  are the work of Obama and his advisors, led by John O. Brennan, and come straight from the White House, according to The New York Times.  Apparently, the president spends a good deal of time being prosecutor, judge, jury, executioner and concealer. But he does so quietly; this is no dramatic “thumbs-down” emperor.

Mr. Brennan spoke at Harvard Law School about a year ago and told a remarkably blasé audience that what he and the president were doing was perfectly legal under the law of self-defense. Self-defense that is defined, of course, by the president.

It appears from recent statements on The Daily Show that President Obama does not share the certitude boldly displayed by Mr. Brennan. On October 18, President Obama told John Stewart, and his audience, that “one of the things we’ve got to do is put a legal architecture in place, and we need Congressional help in order to do that, to make sure that not only am I reined in but any president is reined in terms of some of the decisions that we’re making.”

So in the absence of “a legal architecture” of accountability, do presidents knock off whomever they want to target (along with bystanders or family members), whether or not the targeted person is actually plotting an attack against the United States? It seems that way, in spite of what is already in place legally, called the Constitution, separation of powers and due process of law. What more legal architecture does Mr. Obama need?

Obviously what he wants is a self-contained, permanent “Office of Presidential Predator Drone Assassinations” in the White House, to use, author, scholar and litigator Bruce Fein’s nomenclature. According to The New York Times, President Obama wants “ explicit rules for targeted killing…. So that a new president would inherit clear standards and procedures.” Mr. Fein notes that “clear standards and procedures without accountability to the judiciary, Congress, or the American people” undermine the rule of law and our democracy.

Indeed, the whole deliberation process inside the Obama administration has been kept secret, a continuing process of morbid over-classification that even today contains secret internal legal opinions on targeted killings. The government refuses even to acknowledge that a drone air force operates over Pakistan – a fact that everybody knows including the hundreds of injured and displaced Pakistanis. This drone air force uses, what The New York Times called, “signature strikes against groups of suspected, unknown militants.”

Predictably, these strikes are constantly terrorizing thousands of families who fear a strike anytime day or night, and are causing a blow-back that is expanding the number of Al Qaeda sympathizers and affiliates from Pakistan to Yemen. “Signature strikes,” according to the Times, “have prompted the greatest conflict inside the Obama administration.” Former CIA director under George W. Bush, Michael V. Hayden has publicly questioned whether the expansion in the use of drones is counterproductive and creating more enemies and the desire for more revenge against the U.S.

Critics point out how many times in the past that departments and agencies have put forth misleading or false intelligence, from the Vietnam War to the arguments for invading Iraq, or have missed what they should have predicted such as the fall of the Soviet Union. This legacy of errors and duplicity should restrain presidents who execute, by ordering drone operators to push buttons that target people thousands of miles away, based on secret, so-called intelligence.

Mr. Obama wants, in Mr. Fein’s view, to have “his secret and unaccountable predator drone assassinations become permanent fixtures of the nation’s national security complex.” Were Obama to remember his constitutional law, such actions would have to be constitutionally authorized by Congress and subject to judicial review.

With his Attorney General Eric Holder maintaining that there is sufficient due process entirely inside the Executive Branch and without Congressional oversight or judicial review, don’t bet on anything more than a more secret, violent, imperial presidency that shreds the Constitution’s separation of powers and checks and balances.

And don’t bet that other countries of similar invasive bent won’t remember this green-light on illegal unilateralism when they catch up with our drone capabilities.

November 30, 2012 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite, Subjugation - Torture, Timeless or most popular | , , | Leave a comment

Ninth Circuit Gives the A-OK For Warrantless Home Video Surveillance

By Hanni Fakhoury | EFF | November 29, 2012

Can law enforcement enter your house and use a secret video camera to record the intimate details inside? On Tuesday, the Ninth Circuit Court of Appeals unfortunately answered that question with “yes.”

U.S. Fish and Wildlife agents suspected Ricky Wahchumwah of selling bald and gold eagle feathers and pelts in violation of federal law. Equipped with a small hidden video camera on his clothes, a Wildlife agent went to Wahchumwah’s house and feigned interest in buying feathers and pelts. Unsurprisingly, the agent did not have a search warrant. Wahchumwah moved to suppress the video as an unreasonable search under the Fourth Amendment, but the trial court denied his motion. On appeal before the Ninth Circuit, we filed an amicus brief in support of Wahchumwah. We highlighted the Supreme Court’s January 2012 decision in United States v. Jones — which held that law enforcement’s installation of a GPS device onto a car was a “search” under the Fourth Amendment — and specifically focused on the concurring opinions of Justices Alito and Sotomayor, who were worried about the power of technology to eradicate privacy.

In our brief we argued that although a person may reveal small bits of information publicly or to a house guest, technology that allows the government to aggregate that data in ways that were impractical in the past means that greater judicial supervision and oversight is necessary. After all, a video camera can capture far more detail than the human eye and is specifically designed to allow the government to record, save and review details for another day, bypassing the human mind’s tendency to forget. That means police need a search warrant to engage in the type of invasive surveillance they did in Wahchumwah’s house.

Unconvinced, the Ninth Circuit instead relied on a case from 1966, Hoffa v. United States, ruling that Wahchumwah forfeited his privacy interest when he “voluntarily” revealed the interior of his home to the undercover agent. But its conclusion contradicts not only the Supreme Court’s decision in Jones, but also earlier Ninth Circuit caselaw as well.

In Jones, the Supreme Court made clear that a law enforcement trespass onto private property for the purpose of obtaining information was a “search” under the Fourth Amendment. Under common law, a defendant was not liable for trespass if their entry was authorized. But the Ninth Circuit previously made clear in Theofel v. Farey-Jones that a person’s consent to a trespass is ineffective if they’re “mistaken as to the nature and quality of the invasion intended.” In fact, Theofel cited another Ninth Circuit case where the court found a “police officer who, invited into a home, conceals a recording device for the media” to be a trespasser.

What that means here is that when the undercover agent concealed his identity and purpose, making Wahchumwah “mistaken as to the nature and quality” of the home visit, the government trespassed onto Wahchumwah’s property. Since that trespass was done for the purpose of obtaining information — to get evidence of bald and gold eagle feather and pelt sales — the government “searched” Wahchumwah’s home. And it needed a warrant to do that; without one, the search was unconstitutional.

Its troubling that the Ninth Circuit did not see it this way (nor are they the only one). Because the sad truth is that as technology continues to advance, surveillance becomes “voluntary” only by virtue of the fact we live in a modern society where technology is becoming cheaper, easier and more invasive. The Wahchumwah case exemplifies this: on suspicion of nothing more than the benign misdemeanor of selling eagle feathers, the government got to intrude inside the home and record every intimate detail it could: books on a shelf, letters on a coffee table, pictures on a wall. And we’re entering an age where criminal suspicions is no longer even necessary. Whether you’re calling a friend’s stolen cell phone and landing on the NYPD massive database of call logs, driving into one of the increasing number of cities using license plate scanners to record who comes in or out, or walking somewhere close to hovering drones, innocent people are running the risk of having their personal details stored in criminal databases for years to come.

The only way to avoid pervasive law enforcement monitoring shouldn’t be to make the choice to live under a rock in the wilderness somewhere. Instead, the Fourth Amendment means today what it meant in 1787: that the “right of the people to be secure in their persons, houses, papers, and effects” shouldn’t be violated unless the government comes back with a warrant.

November 30, 2012 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , | Leave a comment

Syrian rebels seize Lebanese journalist over ‘incompatible’ reporting

RT | October 28, 2012

Fidaa Itani (Image from facebook.com/fidaa.itani)

In their fervent struggle, a Syrian rebel group has “arrested” a Lebanese journalist in Aleppo saying his “presence as a journalist no longer receives approval in areas controlled by the rebels.”

­Fidaa Itani, who works for the Lebanese Broadcasting Corporation (LBCI) and several other news outlets, was travelling though Aleppo under protection of a rebel group when he was arrested and handed over to another rebel group which controls a small town some 30km away from the besieged port-city.

The rebels said on their Facebook page they found Itani’s work “incompatible with the path of the Syrian revolution and rebels.”

They promised to free the reporter  who is now in rebel custody “shortly” – after the necessary documents and information are acquired.

Itani was seized after he raised suspicions, taking pictures and videos of “large amounts of operations” in Syria’s second largest city. The content of his reports also seems to have fallen afoul of how the rebels want the popular uprising against Bashar Al-Assad’s government to be covered.

“Reports and videos have not proven yet Itani’s involvement with any party that works against the revolution, but his presence as a journalist no longer receives approval in areas controlled by the rebels,” the group said in a statement.

LBCI, as well as Lebanese MPs, are in contact with the group and their leader, Abu Ibrahim. They expect Itani to be set free in a couple of days.

Abu Ibrahim and the Azaz rebel group have abducted Lebanese nationals before. Eleven Lebanese pilgrims, who were returning from Iran through Syria, were kidnapped by the group in May. Only two of them have been released so far.

The rebels have used the term “detained” to describe the abduction of the journalist, but they in fact have committed “a criminal action” and “kidnapped” him, Manuel Ochsenreiter, editor-in-chief of the German monthly news magazine Zuerst, told RT.

“Indeed this is an alarming development but this is not new,” he said. “He is not the first journalist to have been kidnapped in Syria. We see a huge number of journalists that were killed by the rebels in Syria, who were killed by the Al-Qaeda related groups. I just want to remember the journalists of the Syrian TV channel, Syrian News TV where some journalist were killed and where the building was attacked at the end of June this year.”

At the same time the Syrian government does not prevent journalists making reports that disagree with the official line, says Ochsenreiter, who himself had visited Damascus during the conflict.

“I was in Damascus and what I can say is that I met a lot of journalists who were not filing reports consistent with the official line of the Syrian government’s cause and they were not detained, they were not kidnapped, they were free to work in the country,” he said. “So, you see that there is a huge difference how journalists work in Syria and there is a monster huge difference in the risk.”

Itani was kidnapped just hours after the release of a video in which Al-Qaeda leader Ayman al-Zawari had called for Muslims to kidnap Westerners as a bargaining chip, to win the release of its members held captive around the world. In a new video posted online he also urged Islamists to support Syrian rebels with “all that they can.”

This is not the first time that a foreign reporter has gone missing in the Arab country since it plunged into civil unrest in March 2011. In one of the most recent incidents, Ukrainian reporter Anhar Kochneva disappeared several weeks ago and has not yet been freed. In total, according to the Committee to Protect Journalists, three international reporters remain unaccounted for in Syria, while over 20 have been killed adding to more than 20,000 casualties suffered by Syria.

October 28, 2012 Posted by | Full Spectrum Dominance, War Crimes | , , , | Leave a comment

Whistleblower who revealed CIA torture sentenced to prison

RT | October 23, 2012

Former CIA agent John Kiriakou pleaded guilty Tuesday morning to crimes related to blowing the whistle on the US government’s torture of suspected terrorists and was sentenced to two-and-a-half years in prison.

The Wall Street Journal reports that Kiriakou, 48, agreed to admit to one count of disclosing information identifying a covert agent early Tuesday, just hours after his attorney entered a change of plea in an Alexandria, Virginia courtroom outside of Washington, DC.

Kiriakou was originally charged under the Espionage Act of 1917 after he went public with the Central Intelligence Agency’s use of waterboarding on captured insurgents in the wake of the September 11, 2001 terrorist attack. On Monday morning, though, legal counsel for the accused former CIA agent informed the court that Kiriakou was willing to plead guilty to a lesser crime.

Initially, Kiriakou pleaded not guilty to the charge that he had outted two intelligence agents directly tied to the drowning-simulation method by going to the press with their identities.

As RT reported last week, defense attorneys had hoped that the government would be tasked with having to prove that Kiriakou had intent to harm America when he went to the media. Instead, however, prosecutors were told they’d only need to prove that the former government employee was aware that his consequences had the potential to put the country in danger.

Had Kiriakou been convicted under the initial charges filed in court, he could have been sentenced to upwards of five decades behind bars.

“Let’s be clear, there is one reason, and one reason only, that John Kiriakou is taking this plea: for the certainty that he’ll be out of jail in 2 1/2 years to see his five children grow up,” Jesselyn Raddack, a former Justice Department official who blew the whistle on Bush administration’s mishandling in the case of “American Taliban” John Walker Lindh, wrote Tuesday.

Kiriakou, Raddack wrote, was all but certain to enter the Alexandria courthouse on Tuesday and plead guilty to the lesser charge of violating the Intelligence Identities Protection Act (IIPA), explaining, “there are no reported cases interpreting it because it’s nearly impossible to prove–for “outing” a torturer.”

“’Outing’ is in quotes because the charge is not that Kiriakou’s actions resulted in a public disclosure of the name, but that through a Kevin Bacon-style chain of causation, GITMO torture victims learned the name of one of their possible torturers,” Raddack wrote. “Regardless, how does outing a torturer hurt the national security of the U.S.? It’s like arguing that outing a Nazi guarding a concentration camp would hurt the national security of Germany.”

Speaking on condition of anonymity, a former government official told Firedoglake recently that the CIA was “totally ticked at Kiriakou for acknowledging the use of torture as state policy” and allegedly outing the identity of a covert CIA official “responsible for ensuring the execution” of the water-boarding program.

Kiriakou “outted” to the reporters the identities of the CIA’s “prime torturer” under its Bush-era interrogations, Firedoglake wrote. “For that, the CIA is counting on the Justice Department to, at minimum, convict Kiriakou on the charge of leaking an agent’s identity to not only send a message to other agents but also to continue to protect one of their own.”

Former National Security Agency staffer Thomas Drake suffered a similar fate in recent years after the government went after him for blowing the whistle on the NSA’s poorly handled collection of public intelligence. A grand jury indicted Drake on five counts tied to 1917’s Espionage Act as well as other crimes, but prosecutors eventually agreed to let him off with a misdemeanor computer violation that warranted zero jail time.

Together, Drake and Kirakou are two of six persons charged under the Espionage Act during the administration of US President Barack Obama. The current White House has indicted more people under the antiquated World War 1-era legislation than all previous presidents combined.

October 26, 2012 Posted by | Civil Liberties, False Flag Terrorism, Full Spectrum Dominance, Progressive Hypocrite, Solidarity and Activism, Subjugation - Torture | , , , , , | Leave a comment

Fact Checking Obama’s Misleading Answer About Warrantless Wiretapping on The Daily Show

By Trevor Timm | EFF | October 24, 2012

On last Thursday’s Daily Show, Jon Stewart boldly went where no mainstream reporter has gone so far this election cycle: asking President Barack Obama why has he embraced Bush’s warrantless wiretapping program after campaigning against it on the grounds that it violated Americans’ civil liberties.  While Stewart’s question was commendable, Obama’s answer was puzzling because it seems so obviously untrue.

Stewart first reminded Obama of his Bush-era statements that “we don’t have to trade our values and ideals for our security,” and pointedly asked the President, “do you still believe that?” He then specifically raised warrantless wiretapping, which Obama frequently criticized as a presidential candidate in 2008:

STEWART: I think people have been surprised to see the strength of the Bush era warrantless wiretapping laws and those types of things not also be lessened—That the structures he put in place that people might have thought were government overreach and maybe they had a mind you would tone down, you haven’t.

OBAMA: The truth is we have modified them and built a legal structure and safeguards in place that weren’t there before on a whole range issues.

To the contrary, there’s no indication that the still-active warrantless wiretapping program—which includes a warrantless dragnet on millions of innocent Americans’ communications—has significantly changed from the day Obama took office. With regard to the FISA Amendments Act, the Obama Administration has actively opposed all proposed safeguards in Congress. All the while, his Administration has been even more aggressive than President Bush in trying to prevent warrantless wiretapping victims from having their day in court and has continued building the massive national security infrastructure needed to support it.

But let’s take a closer look at the President’s actions on wiretapping and related issues:

Voting against FISA Amendments Act, Filibuster Telecom Immunity

Early in his first presidential campaign, then-Senator Obama was a leading critic of giving telecom companies like AT&T immunity for breaking the law to assist in the government in warrantless wiretapping. He repeatedly promised to filibuster any bill that contained retroactive immunity for telecom companies. Yet in 2008, when Congress debated the FISA Amendments Act—the law that allowed the President to give telecom companies full, retroactive immunity—Obama not only refused to filibuster the bill, but voted for it.

That decision came full circle just two weeks ago, when Obama’s Justice Department successfully convinced the Supreme Court to deny EFF’s appeal challenging the law’s constitutionality, ensuring AT&T and other telecommunications companies will never face legal consequences for breaking the law, both in the past and in the future.

Fixing FISA Amendments Act After Elected

Despite voting for the FISA Amendments Act, then-candidate Obama still promised to reform the law when he was elected president. But four years later, the FISA Amendments Act is up for renewal in Congress, as it expires at the end of this year. This would be perfect time to implement the reforms Obama promised, and there are several common sense amendments that would do so.

The Obama administration, however, is actively opposing any new privacy safeguards or transparency provisions, saying it is their “top priority” to renew it with no changes.

Stopping the Use of the State Secrets Privilege

Congress isn’t the only place where the President has been hostile to any “legal structure or safeguards” for the warrantless wiretapping.  He has steadfastly sought to prevent the courts from engaging in any meaningful review

In EFF’s long-running lawsuit Jewel v. NSA, along with several related lawsuits, the Obama administration has continued the Bush Administration strategy of invoking the ‘state secrets’ privilege and demanding immediate dismissal (a practice which Obama specifically criticized on his 2008 campaign website).  This, plus many other invocations of the privilege occurred even after a supposed internal policy change that was supposed to restrict its use.

Using the state secrets privilege for electronic surveillance is plainly wrong, since FISA specifically requires courts to determine the legality of national security spying.  And of course the argument that the spying is a secret is increasingly untenable, as multiple whistleblowers, hundreds of pages of already-public evidence—including government admissions—and a massive construction project in Utah attest to its ongoing existence.

Sovereign Immunity

In addition, in both Jewel and other cases, the government has raised extremely technical legal arguments that the cases must be dismissed because  it has “sovereign immunity.”In Al-Haramain v. Obama, a case where the government was caught red-handed illegally wiretapping attorneys, the Obama Administration was even able to convince the Ninth Circuit to dismiss the case because, according to the court, only government individuals can be sued, not the agencies that actually did the spying.

Declassifying Secret FISA Court Opinions

Both in 2010 and 2011, Obama administration officials promised to work to all declassify secret FISA court opinions that contained “important rulings of law.” These opinions would shed light whether and how Americans’ communications have been illegally spied on.

Since then, the administration has since refused to declassify a single opinion and still refuses to release the full (rescinded) legal memo written by Bush administration lawyer John Yoo that attempted to justify the illegal and unconstitutional program in 2001.

FISA court secrecy has never been more troubling, given the administration admitted in July that the FISA court ruled that collection done by the NSA violated the Fourth Amendment rights of some unknown American on at least one occasion. EFF has since filed a Freedom of Information Act lawsuit for that opinion, plus any others discussing the constitutionality of warrantless surveillance, but the Obama administration is fighting mightily against it.

Secret Safeguards Aren’t Safeguards

Some have suggested it’s possible when Obama said “safeguards” on the Daily Show, he is referring to some unspecified secret administrative rules he has put into place. Yet if these “safeguards” exist, they have been kept completely secret from the American public, and at the same, the administration is refusing to codify them into the law or create any visible chain of accountability if they are violated. But given the ample evidence of Constitutional violations since Obama took office (see: here, here, and here), these secret safeguards we don’t know exist are clearly inconsequential.

Here’s hoping other reporters follows up on Stewart’s question soon and ask Obama to be much more specific about his past and future plans to make sure the American people are not illegally spied on.

October 24, 2012 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | , , , | Leave a comment

Easily Abused, Domestic Drones Raise Enormous Privacy Concerns

By Linda Lye, ACLU of Northern California  | October 19, 2012

Shortly before next week’s one-year anniversary of the Oakland Police Department’s brutal crackdown on Occupy Oakland, Alameda County Sheriff Greg Ahern announced that he was seeking funds to purchase a drone to engage in unspecified unmanned aerial surveillance. One of the many unfortunate lessons of OPD’s Occupy crackdown is that when law enforcement has powerful and dangerous tools in its arsenal, it will use them. Drones raise enormous privacy concerns and can easily be abused. Before any drone acquisition proceeds, we need to ask a threshold question – are drones really necessary in our community? – and have a transparent and democratic process for debating that question. In addition, if the decision is made to acquire a drone, do we have rigid safeguards and accountability mechanisms in place, so that law enforcement does not use drones to engage in warrantless mass surveillance? The ACLU of Northern California has sent the Sheriff a Public Records Act request, demanding answers to these crucial questions.

Drones should never be used for indiscriminate mass surveillance, and police should never use them unless there are legitimate grounds to believe they will collect evidence related to a specific instance of criminal wrongdoing or in emergencies.

One of the reasons cited by Sheriff Ahern in support of drones is that they are much cheaper than other forms of aerial surveillance; by his account, a helicopter costs $3 million to purchase and a drone less than 1/30 of that. But the relative inexpensiveness of electronic surveillance is also precisely why strong safeguards need to be in place. When the police have to mount elaborate and costly foot and squad patrols to follow a suspect 24/7, the expenditure of resources serves as a deterrent to abuse; it forces the police to limit their surveillance to instances when it is actually necessary. Drones permit the police to surveil people at all hours of the day and, apparently, at 1/30 the cost of other forms of aerial surveillance. The natural deterrent to abuse goes away, and invites abuse. This makes strong safeguards absolutely essential.

Before Sheriff Ahern proceeds with the drone acquisition, the community deserves answers to the questions we raised in our Public Records Act request: Why are drones necessary? How much will they cost? And what safeguards will be in place to prevent abuse?

October 19, 2012 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | Leave a comment