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Senate committee approves funding for NSA, witch-hunt on leakers

RT | November 6, 2013

Congress has taken the first step towards expanding the abilities of the United States intelligence community by advancing a draft bill that will ensure the government’s spy budget stays intact into next year.

A Senate commitee approved the 2014 Intelligence Authorization Act during a closed door session on Tuesday, a bill that if signed into law will allow the US National Security Agency and other departments to keep receiving funding amid an international scandal that has caused calls for reform and even abolishment of the NSA both in the US and abroad in recent months.

Notwithstanding the backlash brought on by an array of secret NSA documents disclosed to the media by contractor-turned-leaked Edward Snowden since June, the Senate Intelligence Committee passed the draft bill by a 13-2 vote. Next, the full chamber will weigh in on the matter before it is reconciled with a sister act by way of the House of Representatives and sent to President Barack Obama to be signed into law.

If approved with all of its current provisions in place, the law will let the government continue to fund programs operated for purposes of counterterrorism and nuclear weapon proliferation prevention, authorizing initiatives within more than a dozen federal departments, including the NSA and others that deal in covert, intelligence-gathering operations.

In a press release issued Tuesday by the committee, however, its members also acknowledged that the bill expands certain intelligence community operations, including in particular the very programs enacted to prevent the unauthorized disclosure of classified information.

The bill, the committee wrote, “includes important provisions to enhance the conduct, accountability and oversight of the intelligence activities of the United States,” such as one intended “to protect against insider threats by adding necessary funds to deploy information technology detection systems across the intelligence community.”

The bill would also empower the Director of National Intelligence to “improve the government’s process to investigate . . . individuals with security clearances to access classified information,” while at same time “Instituting new statutory protections that protect the ability of legitimate whistleblowers to bring concerns directly to the attention of lawmakers, inspectors general and intelligence community leaders.”

Since the identity of the NSA leaker was revealed to be 30-year-old Edward Snowden, opponents of his actions have suggested that alternative, legal routes to questions the intelligence community’s tactics could have been taken, such as appealing to an inspector general. History, however, suggests that recent whistleblowers before him had a nearly impossible time doing as much, including Thomas Drake, a former senior NSA executive who was charged under the Espionage Act after he attempted to draw attention to waste, fraud and abuse within his agency years earlier. Speaking at an anti-NSA rally in Washington last month, Drake told a crowd of a couple thousand, “Any domestic surveillance legislation must include whistleblower protection for the credibility and enforcement of any reform effort, otherwise secrecy enforced by repression will turn into a faux reform passed into simply an honor system” for the NSA.

In a statement released on Tuesday, Committee Vice Chairman Saxby Chambliss (R-Georgia said, “This year’s intelligence authorization bill achieves both objectives by providing clear guidance and appropriate resources to the intelligence community, while enhancing the committee’s oversight of vital intelligence activities.”

If signed into law, the act will allow for funding to continue with regards to a number of intelligence-gathering operations conducted not just by the likes of the NSA, but also the Central Intelligence Agency, the Office of the Director of National Intelligence and the Departments of Defense, State, Treasury, Energy and Justice, among others.

November 7, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , , , | Leave a comment

‘Gitmo a black hole where no laws apply’ – former detainee David Hicks

RT | November 7, 2013

Australian citizen David Hicks suffered torture and brutal beatings at the hands of guards at Guantanamo prison. Breaking the gag order that was a condition of his release, Hicks spoke to RT about his ordeal and how he was coerced into pleading guilty.

38-year-old David Hicks spent over five years in Guantanamo Prison accused of aiding terrorists. He was eventually convicted under the 2006 Military Commissions Act for “providing material support to terrorism” and released in 2007 after pleading guilty. Hicks has filed to have the convictions overturned, alleging his plea was made under duress and he had no other choice but to confess.

During his six years at Guantanamo, Hicks says he was subjected to both mental and psychological torture, forced to take injections and brought to the brink of suicide by the prison staff.

“Myself and everyone else were tortured on a daily basis,” Hicks said. “That ranges from typical physical beatings to a whole range of psychological ploys. There was medical experimentation that was very scary to be subjected to.”

The staff at Guantanamo forced inmates to take pills and injections, and they would face beatings if they resisted, Hicks said. The prisoners were never informed as to the nature of the drugs they were made to take.

Hicks said that being white and Australian gave him a privileged position in the prison, allowing him to avoid some of the physical abuse that went on.

“Being white and, more importantly, English being my first language, that allowed me to communicate with the guards and probably talk my way out of being beaten and tortured more – this is the guards, so it’s separate to interrogation – versus some of the Arabs and Afghans, who couldn’t speak English at all.”

He described the guards as having “no patience” and when they were frustrated they would beat the inmates until their “bones were broken.”

“Once the detainee was beaten and removed, they’d have to use hoses and scrubbing brushes to remove the blood from the cement floor,” Hicks said.

After almost five years of imprisonment in Guantanamo, Hicks said he had lost the ability “to fight, to have hope, to believe that justice would prevail” and was contemplating suicide.

“Guantanamo is sort of this black hole where supposedly no laws apply except what they decide.”

Setting the record straight

When he was finally offered the chance to leave the prison it came with a price. Australian Prime Minister John Howard sent a message to Hicks’ lawyer, saying that “under no circumstances” would the Australian government allow him to return without entering into some sort of plea.

Hicks was subsequently given the opportunity to sign an Alford Plea – a piece of US legislation that allows a defendant to plead guilty, but without admitting guilt to a particular crime. Upon agreeing to the plea, Hicks was told he would be freed in 60 days.

“I ended up taking that deal, knowing that I could get out in 60 days and back to Australia and deal with it,” said Hicks, who still maintains his innocence.

When he returned to Australia he was put into isolation in an Adelaide prison and had a gagging order placed on him, forbidding him from talk about his experience in Guantanamo.

Six years on, however, Hicks is moving to set the record straight and clear his name of the charges that he claims are legally invalid.

Hicks referred to the case of Salim Hamdan, a Yemeni national also charged with providing material support to terrorists who had the charges overturned after an appeal in a federal court. The court ruled in his favor on the basis that the 2006 Military Commissions Act, under which the charges were made, was flawed and unconstitutional.

“Material support for terrorism is not a recognized crime and if it was, it was applied retroactively anyway,” said Hicks, describing his appeal as a “formality.”

The Northern Alliance in Afghanistan captured David Hicks in 2001 and handed him over to American jurisdiction for a $1,000 bounty. Hicks, a convert to Islam, admitted that he had trained in an al-Qaeda paramilitary camp during his time in Afghanistan, but maintains he never participated in terrorist activities.

November 7, 2013 Posted by | Deception, False Flag Terrorism, Subjugation - Torture, Timeless or most popular, Video | , , , , , , , , , , | 1 Comment

Britain’s GCHQ shepherding mass surveillance operations throughout Europe

RT | November 2, 2013

British intelligence agency GCHQ has helped counterpart entities in France, Germany, Spain, and Sweden develop methods of mass surveillance of internet and phone traffic in the last five years, a new report reveals.

Documents supplied by former National Security Agency contractor Edward Snowden to the Guardian show the UK Government Communications Headquarters’ (GCHQ) enormous influence throughout Europe. The documents detail how the agency developed and promoted spying processes, built relationships with telecommunication companies, and evaded national laws that constrain the surveillance powers of intelligence agencies.

In the wake of outrage expressed over the past week across Europe regarding newly exposed NSA surveillance of European countries – including intercepted communications and the monitoring of phones belonging to officials such as German Chancellor Angela Merkel – documents released Friday by the Guardian show major European countries’ culpability in mass surveillance efforts shepherded by the GCHQ.

The GCHQ is part of the ‘Five Eyes’ intelligence-sharing partnership between Australia, Britain, Canada, New Zealand, and the United States.

US intelligence officials said the monitoring that received so much indignation from powers like Germany and France was carried out by those countries’ own intelligence agencies and later shared with the US.

In June, the Guardian revealed the GCHQ’s Tempora program, in which the agency tapped into transatlantic fiber-optic cables to execute bulk surveillance. Germany’s justice minister, Sabine Leutheusser-Schnarrenberger, said at the time that the program sounded “like a Hollywood nightmare” and warned that free societies and actions hidden under “a veil of secrecy” are not compatible.

A nation-by-nation scorecard

In a 2008 survey of European partners, the GCHQ marveled at Germany’s capabilities to produce Tempora-like surveillance. The British service said the Federal Intelligence Service (BND) had “huge technological potential and good access to the heart of the internet – they are already seeing some bearers running at 40Gbps and 100Gbps.” The term ‘bearers’ refers to the fiber-optic cables. Gigabits per second (Gbps) measures the speed at which data runs through them.

The documents also show the British were advising German counterparts on how to change or evade laws that restricted advanced surveillance efforts. “We have been assisting the BND (along with SIS [Secret Intelligence Service] and Security Service) in making the case for reform or reinterpretation of the very restrictive interception legislation in Germany,” the survey says.

The report also lauds the GCHQ’s French partner, the General Directorate for External Security (DGSE), especially for its cozy relationship with an unnamed telecommunications company.

“DGSE are a highly motivated, technically competent partner, who have shown great willingness to engage on IP [internet protocol] issues, and to work with GCHQ on a ‘cooperate and share’ basis.”

The GCHQ expressed desire to benefit from the DGSE’s relationship with the company.

“We have made contact with the DGSE’s main industry partner, who has some innovative approaches to some internet challenges, raising the potential for GCHQ to make use of this company in the protocol development arena.”

The GCHQ’s work with its French counterpart led to improved capabilities to carry out bulk surveillance, despite growing commercial emphasis on encryption.

“Very friendly crypt meeting with DGSE in July,” British officials said. French intelligence officials were “clearly very keen to provide presentations on their work which included cipher detection in high-speed bearers. [GCHQ’s] challenge is to ensure that we have enough UK capability to support a longer term crypt relationship.”

New opportunities in future partnerships

GCHQ ties to Spain’s intelligence service, the National Intelligence Centre (CNI), were bolstered by Spain’s connections to an unnamed British telecom company, giving them “fresh opportunities and uncovering some surprising results.

“GCHQ has not yet engaged with CNI formally on IP exploitation, but the CNI have been making great strides through their relationship with a UK commercial partner. GCHQ and the commercial partner have been able to coordinate their approach. The commercial partner has provided the CNI some equipment whilst keeping us informed, enabling us to invite the CNI across for IP-focused discussions this autumn,” the survey said. It reported that the GCHQ “have found a very capable counterpart in CNI, particularly in the field of Covert Internet Ops.”

When Sweden passed a 2008 law allowing its National Defence Radio Establishment (FRA) to execute Tempora-like surveillance via fiber-optic cables, the GCHQ said in the report that “FRA have obtained a…probe to use as a test-bed and we expect them to make rapid progress in IP exploitation following the law change.” The GCHQ went on to express delight in future partnerships with FRA after the law passed.

The survey found strong ties between the GCHQ and Dutch external and internal intelligence services MIVD and AIVD, respectively.

“Both agencies are small, by UK standards, but are technically competent and highly motivated,” British officials said.

The GCHQ also helped AIVD in handling legal constraints to spying.

“The Dutch have some legislative issues that they need to work through before their legal environment would allow them to operate in the way that GCHQ does. We are providing legal advice on how we have tackled some of these issues to Dutch lawyers.”

Contrary to the other nations’ positive marks, the GCHQ country-by-country scorecard shows Italy’s intelligence agencies to be riddled with internal strife.

“GCHQ has had some CT [counter-terrorism] and internet-focused discussions with both the foreign intelligence agency (AISE) and the security service (AISI), but has found the Italian intelligence community to be fractured and unable/unwilling to cooperate with one another,” the report said.

A follow-up six months later noted the GCHQ still saw legal constraints in Italy as hampering AISI’s ability to cooperate.

This latest disclosure calls into question how involved the countries were in the overall surveillance of global citizens and world leaders led by the NSA and GCHQ.

November 2, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , , , , , , | Leave a comment

NSA, ‘Five Eyes’ use Australian embassies to gather intel on Asia

RT | October 31, 2013

US intelligence agencies are using Australian embassies throughout Asia to intercept data and gather information across the continent, according to the latest report based on documents leaked by NSA whistleblower Edward Snowden.

Data collection facilities operate out of the embassies in Jakarta, Bangkok, Hanoi, Bejing, and Dili, according to Fairfax media. There are also units in the Australian High Commission in Kuala Lumpur, the most populated city in Malaysia, and Port Moresby, the capital of Papua New Guinea.

More intelligence collection occurs at US embassies and consulates, as well as at the diplomatic outposts of other ‘Five Eye’ nations, particularly Britain and Canada. The Defence Signals Directorate, which falls under the Australian Defence Agency, conducts the surveillance missions, and most Australian diplomatic officers are completely unaware of such activity, according to the Sydney Morning Herald.

The ‘Five Eyes’ is an alliance for intelligence cooperation that includes the United States, Britain, Canada, Australia and New Zealand.

The document released by Der Spiegel, codenamed ‘STATEROOM,’ indicates the outfits “are small in size and in number of personnel staffing them… They are covert, and their true mission is not known by the majority of the diplomatic staff at the facility where they are assigned.”

The Australian Department of Foreign Affairs refused comment on the story, saying it is against government policy to speak on intelligence activity.

The NSA document viewed by Der Spiegel also proves that the intelligence missions are hidden: “For example antennas are sometimes hidden in false architectural features or roof maintenance sheds.”

The Jakarta unit, in particular, is a hotbed of information. “The huge growth of mobile phone networks has been a great boon and Jakarta’s political elite are a loquacious bunch; even when they think their own intelligence services are listening they just keep talking,” a source said.

The disclosure comes as US President Barack Obama is reportedly considering suspending all surveillance efforts against American allies. He is facing growing pressure from the international community after reports questioned whether the NSA monitored the personal cell phone of German Chancellor Angela Merkel.

Another leak this week revealed that the US swept up more than 60 million phone calls from Spain in one month alone.

European leaders, once reluctant to demonize the surveillance, now openly wonder if the surveillance was ever employed to stop terrorism, as US leaders have maintained all along. German leaders have suggested renegotiating a deal known as the SWIFT pact, which allows the US to track the flow of what it suspects are terrorist finances.

“It really isn’t enough to be outraged,” German Justice Minister Sabine Leutheusser-Schanarrenberger told rbb-Inforadio this week. “This would be a signal that something can happen and make clear to the Americans that the [EU’s] policy is changing.”

Yet intelligence officers speaking to Fairfax Media now say that it is good to stop terrorism and international crime, “but the main focus is political, diplomatic and economic intelligence.”

October 31, 2013 Posted by | Corruption, Deception, Full Spectrum Dominance, Timeless or most popular | , , , , , , , , , , , | Leave a comment

NSA stores data to target any citizen at any time – Greenwald

RT | October 29, 2013

The current revelations on the NSA’s spying are just the tip of the iceberg and affect “almost every country in the world,” said Glenn Greenwald. He stressed the NSA stores data for “as long as it can,” so they can target a citizen whenever they want.

Glenn Greenwald, the man behind the reports on the NSA global spy program, spoke to El Mundo journalist German Aranda and stressed that the US espionage activities went much further than just Europe.

“There are a lot of countries, and journalists in a lot of different countries, who have been asking for stories and to work on documents for a long time,” Greenwald said. He added that he was working as fast as possible to “make sure that all of these documents get reported in every single country there are documents for, which is most countries in the world.”

Shedding light on the NSA’s motives in compiling metadata on citizens, he said the spy organization’s main aim was to store the information to be able to dip into it whenever necessary.

“The very clear objective of the NSA is not just to collect all this, but to keep it for as long as they can,” said Greenwald.

“So they can at any time target a particular citizen of Spain or anywhere else and learn what they’ve been doing, in terms of who they have been communicating with.”

‘Preparing the terrain’

Referencing reports leaked from former CIA worker Edward Snowden regarding the millions of phone calls tapped by the NSA in the EU, German Aranda stated that French reaction was “important to prepare the terrain in Spain.”

“With all the countries around Europe and around the world, it will be the same. The more countries [that] see documents about them, the more interest the other countries will have to see what is happening with them,” said Aranda.

Last week the Spanish Prime Minister, Manuel Rajoy, summoned the US Ambassador to account for the reports of spying, echoing the reactions of France, Germany and a handful of other countries. Spain has so far resisted calls from Germany to sign an EU no-spying treaty against the US in the wake of the revelations; however this may be set to change.

“As in previous occasions, we’ve asked the U.S. ambassador to give the government all the necessary information on an issue which, if it was to be confirmed, could break the climate of trust that has traditionally been the one between our two countries,” said Spanish Foreign Minister Jose Manuel Garcia-Margallo, at a joint news conference in Warsaw last week.

In response to European leaders’ furor over NSA espionage, the White House has launched an internal review into the NSA’s activities. The EU Parliament has also threatened to halt the sharing of data on the SWIFT banking system, which provides information on the transfer of funds by suspected terrorists.

A delegation from the EU parliament is currently in Washington to discuss what has been described as a “breakdown in trust” between traditional allies.

The Obama administration earlier said the controversial intelligence gathering procedures that have attracted international scrutiny in recent months may require “additional constraints.” White House spokesperson Jay Carney said that a “number of efforts [are] underway that are designed to increase transparency.”

October 29, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , , , , | Leave a comment

Federal Appeals Court Rules Warrant Required for GPS Tracking

By Nathan Freed Wessler | ACLU | October 23, 2013

Today the Third Circuit Court of Appeals ruled that law enforcement agents must obtain a warrant based on probable cause to attach a GPS device to a car and track its movements. The case, United States v. Katzin, is the first in which a federal appeals court has explicitly held that a warrant is required for GPS tracking by police. The ACLU submitted an amicus brief in the case (joined by the ACLU of Pennsylvania, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers) and presented oral argument to the court in March.

In this case, police suspected three brothers, Harry, Mark, and Michael Katzin, of robbing several pharmacies. Without getting a warrant from a judge, FBI agents attached a GPS tracking device to Harry Katzin’s car in order to follow its movements. The government used the GPS device to track the Katzins as they drove to and from another pharmacy, and arrested them as they drove away. Before trial, the Katzins argued that police had violated their Fourth Amendment rights by using the GPS tracker without a warrant, and the district court agreed. Today’s ruling affirms that decision.

Last year, in United States v. Jones, the Supreme Court unanimously held that attaching a GPS tracker to a car to follow its movements is a search under the Fourth Amendment. The Court did not decide whether police need a warrant to conduct such a search, however, and the government argued in this case that an exception to the usual requirement of a warrant should apply. The Third Circuit rejected the government’s arguments, explaining that GPS tracking is a “vastly broader endeavor” than the kinds of limited searches that courts have allowed without warrants. In particular, the court held that the “automobile exception” to the warrant requirement does not apply to GPS tracking. The exception is designed to permit warrantless searches of cars to reveal contraband before the cars can drive away. But, as the court explained, that narrow exception does not “permit [police] to leave behind an ever-watchful electronic sentinel in order to collect future evidence” without judicial oversight.

The court also rejected a second argument made by the government: that the so-called “good faith” exception should permit use of evidence derived from the GPS tracking, even if it violated the Fourth Amendment. Because the GPS tracker was attached to the Katzins’ car before the Supreme Court decided Jones, and before the Third Circuit had addressed the issue, the government argued that FBI agents couldn’t have known that using a GPS device might raise questions under the Fourth Amendment, and therefore they acted in good faith by choosing not to seek a warrant. The court explained that this does not excuse police from the requirement of getting a warrant:

Where an officer decides to take the Fourth Amendment inquiry into his own hands, rather than to seek a warrant from a neutral magistrate — particularly where the law is as far from settled as it was in this case — he acts in a constitutionally reckless fashion. Here, law enforcement personnel made a deliberate decision to forego securing a warrant before attaching a GPS device directly to a target vehicle in the absence of binding Fourth Amendment precedent authorizing such a practice. . . . Excluding the evidence here will incentivize the police to err on the side of constitutional behavior and help prevent future Fourth Amendment violations.

Today’s opinion offers a full-throated defense of the Fourth Amendment, and installs an important safeguard against unjustified government surveillance. As courts around the country consider challenges to warrantless location tracking by police (whether using GPS devices or cell phone signals), they would do well to follow the Third Circuit’s lead.

October 23, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , , | Leave a comment

Obama nominates drone assassination proponent to lead DHS

RT | October 18, 2013

President Barack Obama has chosen a former Pentagon attorney who defended the extrajudicial killing of American citizens to man the helm of the United States Department of Homeland Security and replace outgoing Secretary Janet Napolitano.

Jeh Johnson, a general counsel for the Pentagon during the president’s first term in office, was named by Mr. Obama as his choice for new DHS secretary during a Friday afternoon press conference.

“The president is selecting Johnson because he is one the most highly qualified and respected national security leaders,” a senior administration official told the Washington Post on Thursday while speaking condition of anonymity. “During his tenure at the Department of Defense, he was known for his sound judgment and counsel.”

Johnson, 56, served as a special counsel during John Kerry’s unsuccessful 2004 run for the presidency before assisting with Obama’s campaign four years later. During his first week in office, Obama nominated Johnson as DoD general counsel and he was confirmed by the Senate in Feb. 2009.

Up until his resignation from Defense Department attorney in December 2012, Johnson advised the largest military in the world, including during historic matters regarding the repeal of the Pentagon’s ban on openly gay troops and the reform of military commissions.

That same span in the Pentagon was also marred by Obama administration decisions that opponents of the president’s latest pick have been quick to pounce on.

While working as one of the top attorneys for the US military, Johnson authorized the execution of Anwar al-Awlaki, an American citizen and suspected senior figure in Al-Qaeda who was killed by a drone strike in Yemen in late 2011. That slaying was carried out by an operation conducted by the Pentagon in cooperation with the Central Intelligence Agency and has drawn immense criticism directed at the White House and the president’s extrajudicial killing of an American citizen.

The New York Times reported shortly after that Johnson told attendees at a speech at Yale Law School that “Belligerents who also happen to be US citizens do not enjoy immunity where non-citizen belligerents are valid military objectives.”

The president postponed offering full justification for the attack until this past May when he said, “I do not believe it would be constitutional for the government to target and kill any US citizen — with a drone, or with a shotgun — without due process . . . But when a US citizen goes abroad to wage war against America and is actively plotting to kill US citizens, and when neither the United States, nor our partners are in a position to capture him before he carries out a plot, his citizenship should no more serve as a shield than a sniper shooting down on an innocent crowd should be protected from a SWAT team.”

Johnson also served as general counsel during the height of the WikiLeaks scandal that involved the unauthorized disclosure of hundreds of thousands of sensitive documents. In a letter to the whistleblower organization published in August 2010, Johnson blamed WikiLeaks for their “illegal and irresponsible actions,” and said that the leaking of classified materials aided America’s enemy in “their own terrorist aims.” Earlier this year, a military judge said that Chelsea Manning, the Army analyst who admitted to giving those files to WikiLeaks, did not aid Al-Qaeda by supplying the website with documents.

Johnson said in the same letter that the Pentagon “demands that NOTHING further be released by WikiLeaks, that ALL of the US Government classified documents that WikiLeaks has obtained be returned immediately and that WikiLeaks remove and destroy all of these records from its databases.”

Mr. Obama officially nominated Johnson at a 2 p.m. meeting, paving the way for the Senate to formally decide if they will appoint the president’s pick.

“If confirmed by the Senate, I promise all of my energy, focus and ability towards the task of safeguarding our nation’s national and homeland security,” Johnson said after being introduced by the president.

October 19, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite, Subjugation - Torture, Timeless or most popular | , , , , , , , , | 1 Comment

Oakland dedicating anti-terrorism funding to surveillance supercenter

RT | October 14, 2013

Three_Surveillance_camerasLawmakers in Oakland intend to spend millions of dollars awarded to the California city in a federal grant to a police dragnet that promises to examine surveillance footage, riling critics who assert the intention of the grant was to stop terrorism.

When the new program debuts in approximately one year police will be able to track drivers as they travel through tolls, scan license plates with the roughly 3,000 surveillance cameras placed throughout the city, and monitor social media platforms to learn about crimes before they occur.

The Oakland program, officially referred to as the Domain Awareness Center, according to the New York Times, comes at a time when police departments across the US are using federal money to launch similar surveillance efforts modeled after the New York Police Department. The NYPD, which operates within New York City as well as far outside, has used federal grants to build a massive surveillance network capable of linking cameras and license plate readers to criminal and suspected terrorist databases.

The Domain Awareness Center also plans to plant gunshot detection sensors through Oakland, which is consistently ranked among the most dangerous cities in the US. Forbes magazine reported that violent crime affects 1,683 of every 100,000 residents in the city, making it the third most dangerous city in America with a population between 100,000 and 499,000 in 2013.

The Oakland City Council voted unanimously on July 31 to adopt the plan to build the surveillance center, which officials have said will be staffed 24 hours a day. Lawmakers voted at the same meeting to ban hammers and spray paint cans at protests in fear that the items will be used as weapons. Waiting outside, protesters admonished council members with chants of “Shame! Shame! Shame!”

“The Domain Awareness Center is the guard tower which will watch over every person in the city of Oakland,” shouted demonstrator Mark Raymond, as quoted by the San Francisco Chronicle. “This program is an attempt to criminalize and imprison all people who live and pass through Oakland.”

All told, the surveillance center’s costs are expected to total $10.2 million in federal grants, and while legislators said they were cognizant of residents’ security while drafting the bill some representatives were shouted down.

“We have tried our best to find the sweet spot where are going to take advantage of the tools that we have at hand to make our city safe… We have done everything we can to safeguard privacy,” said councilwoman Libby Schaaf before she was cut off by jeers and one protester who suggested she “go home to your mansion and kill yourself.”

Schaaf did admit that, while police have traditionally needed just a small evidence sample to arrest a suspect, the new center will have the capability to “paint a pretty detailed picture of someone’s personal life, someone who may be innocent.”

Oakland was awarded a federal grant to ramp up security near the Port of Oakland, a thriving cargo center that is one of the busiest in the US. The 19-mile waterfront is the fifth-busiest container port in the US, with 1,800 ships arriving every year, according to the San Francisco Chronicle. Over $14 billion in goods were exported from the bustling hub in 2012.

To protect the port, and watch civilians throughout the region, Oakland signed a contract with Science Applications International Corporation (SAIC) to build the Domain Awareness Center. The company, which earns most of its $12 million in annual revenue from military contracts, also worked with the NYPD but later paid $500 million to avoid a federal prosecution for receiving illegal kickbacks.

The Times reported that this project is not the first time Oakland has sought to develop such technology. A city audit viewed by the paper revealed that lawmakers spent nearly $2 million in 2012 alone on police tools that did not work or could not be used for a variety of reasons.

Linda Lye, an attorney with the American Civil Liberties Union, said this project might work as intended, but that mere intention already creates a scary problem.

“What they did is approve a vast surveillance center without understanding the implications,” she said earlier this year. “The privacy policies would be drafted only after the center is built. At that point, what opportunity will there be for to determine if the safeguards are sufficient?”

October 14, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , , | Leave a comment

Anti-piracy curriculum for elementary schools decried as ‘propaganda’

RT | September 24, 2013

Content-industry giants and internet service providers are teaming up to produce multi-grade elementary school curriculum which will denounce copyright infringement.

The likes of the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), AT&T, Verizon, Google, Microsoft, Facebook, and Comcast are behind the pilot project which will be tested in California elementary schools later this year.

The curriculum, called “Be a Creator,” is not quite complete, producers say, though Wired was able to obtain the various levels of content – from kindergarten to sixth grade – which aim to communicate that copying is theft.

“This thinly disguised corporate propaganda is inaccurate and inappropriate,” said Mitch Stoltz, an intellectual property attorney with the Electronic Frontier Foundation who reviewed the material.

“It suggests, falsely, that ideas are property and that building on others’ ideas always requires permission,” Stoltz says. “The overriding message of this curriculum is that students’ time should be consumed not in creating but in worrying about their impact on corporate profits.”

The content was made by the California School Library Association and the Internet Keep Safe Coalition. The Center for Copyright Infringement commissioned the material. The center’s board is made up of executives from MPAA, RIAA, Verizon, Comcast, and AT&T.

Each grade’s package includes a short video and a teacher worksheet of talking points.

For example, the sixth grade version urges children to realize that copyright infringement can have worse consequences than cheating on a test, which usually results in a bad grade or suspension from school.

“In the digital world, it’s harder to see the effects of copying, even though the effects can be more serious,” the teacher worksheet says.

The material does not comment on fair use, which allows for the reuse of copyrighted works without permission. Rather, students are told that using without permission is “stealing.”

The Internet Keep Safe Coalition, a non-profit organization partnering with governments and major corporations like Facebook and Google, said that fair use is beyond the comprehension of sixth graders.

The curriculum “is developmentally consistent with what children can learn at specific ages,” the group’s president, Marsali Hancock, told Wired, adding that materials for older children will include the concept.

A video for second graders shows a child taking photos and debating whether to sell, keep, or share them.

“You’re not old enough yet to be selling your pictures online, but pretty soon you will be,” reads the teacher lesson plan. “And you’ll appreciate if the rest of us respect your work by not copying it and doing whatever we want with it.”

The groups involved in the curation of the material stressed that it was in draft form at this point, and that some wording will be changed before the pilot project begins in schools.

“We’ve got some editing to do,” said Glen Warren, vice president of the non-profit California School Library Association.

Warren alluded that the Center for Copyright Information (CCI), a content-industry group, has already had influence on the project.

Hancock said the material has not yet been approved by CCI. The group is best known for working with the government and rights holders to begin an internet monitoring program with large ISPs that punish violators with extrajudicial measures like temporary internet termination and weak connection speeds.

CCI’s executive director, Jill Lesser, has alluded to youth education programs in the past.

“Based on our research, we believe one of the most important audiences for our educational efforts is young people. As a result, we have developed a new copyright curriculum that is being piloted during this academic year in California,” she said last week in a testimony on Capitol Hill.

“The curriculum introduces concepts about creative content in innovative and age-appropriate ways. The curriculum is designed to help children understand that they can be both creators and consumers of artistic content, and that concepts of copyright protection are important in both cases,” Lesser testified.

She said that CCI’s board will likely sign off on the curriculum soon.

“We are just about to post those materials in the next week or two on our web site,” Lesser told Wired.

The first grade lesson plan puts content sharing on par with theft.

“We all love to create new things – art, music, movies, paper creations, structures, even buildings! It’s great to create – as long as we aren’t stealing other people’s work. We show respect for other artists and their work when we get permission before we use their work,” the material says. “This is an important part of copyright. Sharing can be exciting and helpful and nice. But taking something without asking is mean.”

The fifth grade lesson introduces the Creative Commons license, though it distorts the legality of copying copyrighted works.

“If a song or movie is copyrighted, you can’t copy it, download it, or use it in your own work without permission,” the fifth grade worksheet reads. “However, Creative Commons allows artists to tell users how and if their work can be used by others. For example, if a musician is okay with their music being downloaded for free – they will offer it on their website as a ‘Free download.’ An artist can also let you know how you can use their work by using a Creative Commons license.”

September 25, 2013 Posted by | Civil Liberties, Deception, Economics, Full Spectrum Dominance | , , , , , , , , , , | Leave a comment

Ex-FBI counsel implicated in surveillance abuses nominated to crucial federal bench

RT | September 11, 2013

The former top lawyer at the FBI deeply implicated in surveillance abuses revealed before and by Edward Snowden’s leaks was confirmed as a federal judge in a top court for terrorism cases this week.

The US Senate voted 73-24 on Monday in approving Valerie Caproni, Federal Bureau of Investigation general counsel from 2003 to 2011, to the Southern District of New York, one of the country’s most important federal courts for terrorism cases.

Caproni has received bipartisan criticism for allowing and defending surveillance abuses both found to be overbroad during her tenure and those not disclosed when she was counsel but later revealed to be inappropriate or illegal. For example, the Snowden leaks showed Caproni mischaracterized the limits of the Patriot Act during her term.

A 2010 report by the Department of Justice revealed the FBI inappropriately used non-judicial subpoenas called “exigent letters” to gather phone numbers of over 5,550 Americans until 2006.

“The FBI broke the law on telephone records privacy and the general counsel’s office, headed by Valerie Caproni, sanctioned it and must face consequences,” said John Conyers in April 2010 as chairman of the House Judiciary Committee.

Conyers called for Caproni’s firing at the time over the use of the non-judicial subpoenas, according to the Guardian.

“It’s not in the Patriot Act. It never has been. And its use, perhaps coincidentally, began in the same month that Ms Valerie Caproni began her work as general counsel,” Conyers said in 2010.

Caproni told House lawmakers in 2008 if phone numbers — acquired from telephone companies by the FBI via the non-judicial subpoenas evidently sanctioned in the Patriot Act — were not related to a “currently open investigation, and there was no emergency at the time we received the records, the records are removed from our files and destroyed.”

Yet revelations found in documents supplied by Snowden outlined how the National Security Agency stores phone records on all Americans for up five years no matter if they are associated with an open investigation or not. In addition, it’s been found that the NSA has the capability to feed the FBI phone records if there is a “reasonable articulable suspicion” they are related to terrorism.

“Caproni knew that the Bush administration could use or was using the Section 215 provision in the Patriot Act to obtain Americans’ phone records on a broad scale, an issue that has recently been documented by the whistleblower material first printed in the Guardian,” Lisa Graves, a former deputy assistant attorney general who dealt with Caproni while working on national security issues for the ACLU, told the Guardian.

In 2007, DOJ’s Inspector General Glenn Fine found the FBI was serially abusing National Security Letters — a demand regarding national security independent of legal subpoenas– to obtain business records, including “unauthorized collection of telephone or internet email transactional records.” While the larger collection of phone records was still not exposed at the time, Caproni called the inappropriate collection a “colossal failure on our part.”

“Government officials that secretly approved of overbroad surveillance programs the public is only seeing now because of leaks, and whose testimony on the issue obscured rather than revealed these abuses, should be held to account for their actions in a public forum,” former FBI agent Mike German told the Guardian.

Caproni’s nomination to the federal bench had some bipartisan opposition, but not enough to block her appointment.

“She is a woman with impeccable credentials,” Sen. Kirsten Gillibrand (D-N.Y.) said on the Senate floor Monday. “This country needs more women like her.”

September 12, 2013 Posted by | Civil Liberties, Deception, Full Spectrum Dominance | , , , , , , , | 1 Comment

DOJ wants Bush, senior cabinet members exempt from Iraq War trial

RT | August 22, 2013

The United States Department of Justice has requested that former President George W. Bush and the highest figures in his administration receive full exemption from being tried for the Iraq War, which the DoJ says was in line with international law.

Apart from Bush, the names listed in the paper the DoJ filed on Tuesday are former Vice President Richard Cheney, former Secretary of Defense Donald Rumsfeld, retired four-star General Colin Powell, former Secretary of State, Condoleezza Rice and former Deputy Secretary of Defense and President of the World Bank, Paul Wolfowitz.

Sundus Saleh, an Iraqi single mother of three who became a refugee, filed a complaint in March in the San Francisco federal court, claiming that the war in her country can be judged as a ‘crime of aggression’, according to the same legal standards that the Nuremberg Tribunal used for convicting Nazi war criminals of World War II.

Saleh is the lead plaintiff in this class action lawsuit.

The reason for the decision is connected with the ‘Westfall Act’ certification. The 1988 law gives the Attorney General the power to personally decide whether the United States is actually a defendant in the case. This in turn allows the granting of absolute immunity to politicians for actions carried out while in the government’s employ.

Inder Comar of Comar Law has agreed to take the case. The San-Francisco-based firm normally specializes in support to private companies, particularly those in the tech industry. Comar met with Saleh at her home in Jordan to discuss the case.

Chief counsel Comar wrote on the War Is a Crime website explaining that, “The DoJ claims that in planning and waging the Iraq War, ex-President Bush and key members of his Administration were acting within the legitimate scope of their employment and are thus immune from suit.”

The lawsuit filed by Saleh says that Cheney, Rumsfeld and Wolfowitz orchestrated the Iraq War in 1998 as part of their involvement with the ‘Project for the New American Century’, a Washington DC-based non-profit organization that pushed for the overthrow of Iraq’s former leader, Saddam Hussein.

Salleh then alleges that the tragedy of September 11, 2001, was pitched to other members of the Bush cabinet as the perfect excuse to scare the American public into supporting the war in Iraq. The lawsuit also claims that the United States failed to obtain United Nations approval for the invasion, making it an illegal and aggressive act of war.

According to Corey Hill, who is a member and outreach coordinator for Global Exchange, an international human rights organization, Comar Law is invoking something called the Alien Tort Statute, which is a 1789 law that permits a foreign national to sue the US federal court for injuries “committed in violation of the law of nations or a treaty of the United States.” Hill explained this in his article for YES! Magazine, for which he also writes.

All the defendants in the case have been summoned to appear in accordance with the usual legal proceedings. The trial is expected to start in early 2014.

There are, however, several problems that could arise with the allegations. As Paul Stephen, who teaches law at the University of Virginia and is former international law consultant for the Department of State told YES! Magazine, that it would be difficult to sue a government employee for acting “under the scope of employment” in this case, because of the modified nature of the Westfall Act, giving officials more scope for action.

The second problem may arise from the fact that their actions did not take place on US soil, making it difficult to validate the accusation.

And lastly, “courts aren’t open to ruling on matters of a political nature”, Hill said in reference to a doctrine in US Constitutional Law that separates clear-cut court cases with those better left to the legislative and executive branches of the government. This doctrine then means that the invasion of Iraq is a political case – not a legal one.

“If the expectation is that a federal court will declare that the invasion, although duly authorized by Congress, violated international law and thus violates U.S. law, I would respond that we walked up and down that hill with respect to Vietnam… No federal court ever has recognized such a claim,” Hill explained.

But Comar is optimistic in so far that in order for the Westfall Act to work in this case, the US government would have to prove that the act of preparing the invasion through a non-profit organization took place within office. But since that was not the case, the law cannot be invoked here. He further explained to Hill that separating a political matter from a purely legal one will also not be easy for the US government, as it may often be a very blurry line.  Comar expanded on this position to the ‘War Is a Crime’ website.

“The good news is that while we were disappointed with the certification, we were prepared for it,” he said. “We do not see how a Westfall Act certification is appropriate given that Ms. Saleh alleges that the conduct at issue began prior to these defendants even entering into office. I think the Nuremberg prosecutors, particularly American Chief Prosecutor Robert Jackson, would be surprised to learn that planning a war of aggression at a private non-profit, misleading a fearful public, and foregoing proper legal authorization somehow constitute lawful employment duties for the American president and his or her cabinet.”

August 22, 2013 Posted by | Militarism, Timeless or most popular, War Crimes | , , , , | Leave a comment

Guardian editor on Miranda detention: ‘Terror and journalism being aligned’

RT | August 21, 2013

The UK government created a “lawless bit of Britain” under the terror act which suspends all checks and balances, Guardian editor Alan Rusbridger said in an interview, adding that the paper is financing David Miranda’s lawsuit against the Home Office.

Rusbridger called ports and airport transit lounges a “stateless bit of Britain,” where a government can use the word “terror” to “suspend all the normal rules.”

The comment was made in reference to UK authorities detaining and questioning David Miranda, the partner of Guardian journalist Glenn Greenwald, for nine hours in London’s Heathrow airport on Sunday under Schedule 7 of the UK’s anti-terrorism law.

Miranda told the BBC in an interview that he felt threatened during his 9-hour detention and as if “he were naked in front of a crowd.”

Greewald’s partner said that he was “forced to give passwords” to email and social media accounts to his interrogators. Authorities allegedly threatened him with prison if he did not comply.

Inside Britain, journalists and anyone else carrying material have more opportunities to stand their ground. “You can go before a judge, you can argue about public interest and the public interest of that work,” Rusbridger said.

“The disturbing thing about the way they treated Miranda was the use of this terror act, and there is a little noticed section there, Schedule 7, which effectively suspends all the normal checks and balances that you would have if you were arrested in the Heathrow car park,” he added.

Rusbridger believes there are “confusions in law” when it comes to where you are when you’re in a transit lounge and “whose laws you apply to.”

The UK created this “lawless bit of Britain” over a decade ago, according to the editor. It is a place “where anybody can be questioned for up to nine hours without access to a solicitor and where all your belongings can be confiscated and there’s nothing you can do about it,” he said.

Financing Miranda’s lawsuit

Rusbridger revealed that the Guardian is funding Miranda’s legal actions as he seeks a judicial review of the legal basis for his detention and assurances that the property seized from him by police will not be examined.

“The Guardian is supporting that action and we are supporting that in terms of financing it, because David Miranda was acting on behalf of Glenn Greenwald at the time that he was detained. I think it’s a good thing to challenge that law and see exactly why terror and journalism are being aligned in this disturbing way.”

“Miranda wasn’t really on assignment, he is Glenn Greenwald’s partner and Glenn Greenwald is a very busy man and he assists Glenn in his journalistic work. And he was acting as a messenger or intermediary in a way that is difficult for Glenn at the moment because he’s got a lot of work to be doing in Brazil and I think he’s also a bit nervous about traveling at the moment.”

‘The best choice was to destroy hard drives’

Rusbridger also explained that he chose to destroy the Guardian’s hard drives instead of complying with the government because he wanted to avoid a legal dead-end, where the paper would be prevented from publishing Snowden’s leaked documents.

“We were faced effectively with an ultimatum from the British government that if we didn’t hand back the material or destroy it then they would move to law,” he said. “That would mean prior restraint, a concept that is anathema in America and other parts of the world, in which the state can effectively prevent a publisher from publishing, and I didn’t want to get into that position.”

Rusbridger revealed in an article posted on the British newspaper’s website on Monday that intelligence officials from the Government Communications Headquarters (GCHQ) told him that he would either have to hand over all the classified documents or have the newspaper’s hard drives destroyed.

Rusbridger told security officials that the Guardian had other copies in America and Brazil, “so they wouldn’t be achieving anything.”

“But once it was obvious that they would be going to law, I would rather destroy the copy than hand it back to them or allow the courts to freeze our reporting.”

“I don’t think we had Snowden’s consent to hand it back and I didn’t want to help the UK authorities know what he had given us. So to me I was not going to hand it back to the government and I was happy to destroy it because it was not going to inhibit our reporting, we would simply do it from America and not from London.”

Rusbridger described the UK as being “genuinely torn” during negotiations.

“To begin with they were reasonable conversations, it was a reasonable dialogue and all I can say is that at some point something changed and that switched into a threat of legal action. I don’t know what changed or why they changed, I imagine there were different conversations going on within the security apparatus within Whitehall and within Downing Street and at some point a message came to me that we had had our fun and that the time had come to return the documents.” 

Revealing the destruction of hard drives

Rusbridger told The Huffington Post that the Guardian could not reveal the destruction of the hard drives earlier because of “operational reasons.”

“Having been through this and not written about it on the day for operational reasons, I was sort of waiting for a moment when the government’s attitude to journalism – when there was an issue that made this relevant,” Rusbridger said.

The editor believed that moment was Miranda’s detention.

“The fact that David Miranda had been detained under this slightly obscure schedule of the terrorism act seemed a useful moment to write about the background to the government’s attitude to this in general,” he said.

When asked why the Guardian did not devote a front-page article to the issue, Rusbridger said “it was a personal take really.”

“I felt this was a piece of background that readers ought to know about it, but I wanted to write about it in my voice instead of putting in a news story.”

“It wasn’t immediate news…it felt more natural to write about it in a more discursive way,” he added.

‘On a road to total surveillance’

The Guardian editor highlighted that in this age of “mass collection of millions of emails, details of phone calls, texts…the business of reporting securely and having confidential sources is becoming difficult.”

“Journalists should be aware of the difficulties they are going to face in the future because everybody in 2013 leaves a very big digital trail, which is very easily accessed.”

Snowden risked his own freedom to draw attention to the “degree to which we are on a road to total surveillance, we are not there yet, but in these documents there is the stated ambition to scoop up everything and save it all and to master the internet.”

Rusbridger argued that the UK faces the danger of being “complacent about what is being revealed.”

August 21, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Timeless or most popular | , , , , , , , , , , , , | Leave a comment