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Congressional Oversight? Dianne Feinstein Says She’s ‘Not A High-Tech Techie’ But Knows NSA Can’t Abuse Surveillance

By Mike Masnick | TechDirt | August 2, 2013

As the NSA and defenders of NSA surveillance are trying to minimize the damage from the latest leak, which revealed the details of the XKeyscore program, they’re bending over backwards to insist that this program is both limited and immune from abuse. We’ve already mentioned that the claims that it can’t be abused are laughable since there’s already a well-documented history of abuse. However, even more bizarre is the following quote from Senate Intelligence Committee boss, Senator Dianne Feinstein (a staunch defender of the surveillance programs):

Feinstein said, “I am not a high-tech techie, but I have been told that is not possible.”

Note that among Feinstein’s jobs is oversight of this program. Yet, what kind of “oversight” is it when she admits that she’s not qualified to understand the technology but “has been told” that such abuses are not possible? That doesn’t seem like oversight. That seems like asking the NSA “can this system be abused?” and the NSA saying “oh, no no no, not at all.” That’s not exactly oversight, now is it?

August 3, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , | Leave a comment

Snowden deals blow to ‘global electronic prison camp’ – Russian Orthodox Church

RT | July 30, 2013

Archpriest Vsevolod Chaplin has praised Russian authorities for not caving in to pressure from abroad, saying granting asylum to US whistleblower Edward Snowden would help prevent the establishment of a ‘global electronic prison camp’.

“It is encouraging news that Russia is demonstrating its independence in this case as it has in many others, despite the pressure” said the head of the Holy Synod’s Department for Relations between the Church and Society.

Vsevolod Chaplin added that the Snowden saga has been broadly discussed both on the domestic and international level, with Russia’s position potentially bolstering its image as a country upholding “the true freedom of ideals.”

The Russian cleric further argued that Snowden’s revelations confirmed the existence of a pernicious problem discussed by Orthodox Christians for many years – “the prospective of a global electronic-totalitarian prison camp”.

“First they get people addicted to convenient means of communication with the authorities, businesses and among each other. In a while people become rigidly connected to these services and as a result the economic and political owners of these services get tremendous and terrifying power. They cannot help feeling the temptation to use this power to control the personality and such control might eventually be much stricter that all known totalitarian systems of the twentieth century,” Interfax news agency quoted Chaplin as saying.

The church official added that in his view true democracy remained an unreachable ideal.

“Any political system fixes the domination of a few over many. In the twentieth century the harshest forms of such political power used brute force, but now they are using soft power, through total data collecting and through soft persuasion of people, first through slogans but then through legal acts,” Chaplin explained. He noted that currently the soft power system was promoting such topics as declaring the western political system as the only viable option, making religion a marginal trend, and sidelining both criticism of market fundamentalism and leftist political platforms.

Chaplin urged Russian authorities to defend “real freedom, the freedom from the global ideological dictate and from the electronic prison camp.”

The cleric also offered a possible solution – the development of its own electronic communications system that would be independent from foreign-based mediums. “The nation has the brains for this and I hope we will also have a will,” Chaplin declared.

Russia is currently considering Edward Snowden’s request for temporary asylum and the former NSA contractor still remains in the transit zone of the Moscow’s Sheremetyevo airport.

The Russian Justice Ministry on Tuesday sent a formal response to a letter from US Attorney General, who assured Moscow that Snowden would not face the prospect of death or torture if handed over to the United States.

The Russian ministry did not provide the details of its reply to the press.

July 31, 2013 Posted by | Full Spectrum Dominance | , , , , , , , | 1 Comment

‘Low-level NSA analysts can spy on Americans’

RT :: July 28, 2013

NSA spying programs give access to US citizens’ private data to low-level analysts with little court approval or supervision, says Guardian journalist Glenn Greenwald, who broke the story on Washington’s PRISM surveillance system.

“[PRISM] is an incredibly powerful and invasive tool,” Greenwald told ABC’s ‘This Week.’ The NSA programs are “exactly the type that Mr. Snowden described. NSA officials are going to be testifying before the Senate on Wednesday, and I defy them to deny that these programs work exactly as I’ve said.”

The NSA keeps trillions of telephone calls and emails in their databases which they can access anytime with simple screen programs, he said.

“And what these programs are, are very simple screens, like the ones that supermarket clerks or shipping and receiving clerks use, where all an analyst has to do is enter an email address or an IP address, and it does two things.” 

“It searches that database and lets them listen to the calls or read the emails of everything that the NSA has stored, or look at the browsing histories or Google search terms that you’ve entered, and it also alerts them to any further activity that people connected to that email address or that IP address do in the future.”

While the program conducts wiretapping with little court approval or supervision, there are “legal constraints” on surveillance that require approval by the Foreign Intelligence Surveillance Act (FISA) of 1978, in which court judges can secretly review the government’s plans to track suspected terrorists in advance.

“You can’t target [Americans] without going to the FISA court,” Greenwald stressed. “But these systems allow analysts to listen to whatever emails they want, whatever telephone calls, browsing histories, Microsoft Word documents.”

“And it’s all done with no need to go to a court, with no need to even get supervisor approval on the part of the analyst,” he added.

Greenwald will testify before a Congressional committee on Wednesday, along with NSA officials who have previously downplayed Snowden’s claims about the agency’s easy-access data.

PRISM is a mass electronic surveillance data mining program operated by the NSA since 2007. The program was exposed by former NSA contractor Edward Snowden earlier this summer. Snowden leaked information about the program to the media, warning of a far greater extent of mass data collection than the public knew existed. The disclosures were published by The Guardian and The Washington Post on June 6.

Snowden later leaked further information to Greenwald which pertained to mass security operations carried out across the world. He spoke of British spy agency GCHQ, which uses the Tempora surveillance program. The whistleblower also shared information regarding Germany’s cooperation with US intelligence, which reportedly combs through half a billion German phone calls, emails, and text messages on a daily basis.

A call for transparency on surveillance programs

The call for increased oversight and transparency for surveillance programs has been growing, even among supporters of the NSA.

“I do think that we’re going to have to make some change to make things more transparent,” Senator Saxby Chambliss, vice chairman of the Senate Intelligence Committee, told ABC.

Former federal judge James Robertson, who used to grant surveillance orders, said he was shocked to hear of changes to allow broader authorization of NSA programs – such as the monitoring of US phone records. He urged for a reform which would to allow counter-arguments to be heard.

“What FISA does is not adjudication, but approval,” Robertson said, speaking as a witness during the first public hearings into the Snowden revelations. “This works just fine when it deals with individual applications for warrants, but the 2008 amendment has turned the FISA court into an administrative agency making rules for others to follow.”

However, government officials have defended the surveillance initiatives as authorized under law, claiming they are necessary in order to guard the country against terrorist threats.

Following Snowden’s revelations on NSA surveillance, President Barack Obama assured US citizens in June that “nobody is listening to [their] telephone calls.”

He said the surveillance programs monitor phone numbers and the durations of calls, adding that if there are any suspicions and “if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”

President Obama added that America is “going to have to make some choices” between privacy and security, warning that the highly publicized programs will make it harder to target terrorists.

Meanwhile, deputy FBI Director Sean Joyce said that the “program is not intentionally used to target any US citizens” and is “key in our counter-terrorism efforts.”

Testifying on Capitol Hill before the House Permanent Select Committee on Intelligence in June, NSA director Gen. Keith Alexander claimed that the NSA’s storage of millions of phone records has thwarted more than 50 terror attacks in more than 20 countries since September 11, 2001. However, evidence of the prevented attacks has not been revealed.

July 29, 2013 Posted by | Civil Liberties, Corruption, Deception, Economics, Full Spectrum Dominance, Progressive Hypocrite | , , , , , , , , , , , | Leave a comment

EU’s response to NSA? Drones, spy satellites could fly over Europe

RT | July 27, 2013

The European Union is pondering an EU Commission proposal to acquire a fleet of surveillance drones, satellites, and planes as part of an “ambitious action” to boost the European defense industry. It follows revelations of the NSA’s spying programs.

The European Commission has issued a 17-page report, proposing some concrete steps that would encourage pan-European defense cooperation.

“Maintaining and developing defense capabilities to meet current and future challenges in spite of severe budget constraints will only be possible if far-reaching political and structural reforms are made. The time has come to take ambitious action,” the Commission’s report said.

One of the actions suggested in the report is funding a pre-commercial procurement scheme to acquire prototypes of some technologies – including drones.

The full list of technology candidates includes equipment to detect chemical, biological, radiological, nuclear and explosives threats (CBRNE), “communication equipment based on software defined radio technology,” and remotely-piloted aircraft systems (RPAS), otherwise known as drones.

According to Commission Staff Working Document accompanying the report, the European Commission has for long been eyeing the possibility of using drones over Europe.

“The European Commission has long identified the potential of this emerging technology and supported the market by investing in research and innovation relevant for RPAS through the Framework Programme for Research. A broad stakeholders’ consultation has demonstrated the necessity for action at EU level, setting as priorities the further development of RPAS civil applications and the integration of the systems into the European air space as soon as possible,” the document said.

It also claimed it would “take into account the data protection and privacy concerns associated with the civil use of RPAS.”

The drones are also proposed to be used in conjunction with other surveillance technologies, including aircraft and satellites.

Lamenting the absence of a structural link between civil and military space activities in the EU and saying that Europe “can no longer afford” the economic and political cost of such a divide, the Commission focused on several technologies that are said to be able to serve both civilian and defense objectives.

These include space surveillance and tracking (SST), which are said to be aimed at protecting satellites from space debris, boosting satellite communications (SATCOM), and building a pan-EU cutting-edge satellite surveillance capability.

The report said it is “crucial” for a number of technologies to be explored and developed in the EU, including “hyper-spectral, high resolution satellites in geostationary orbit or advanced ultra-high resolution satellites in combination with new sensor platforms such as RPAS.”

The Commission has yet to estimate to what extent the proposed moves are useful for EU security. Based on the assessment, it will “come up with a proposal for which capability needs, if any, could best be fulfilled by assets directly purchased, owned and operated by the [European] Union.”

A response to Snowden’s NSA leaks?

The Commission’s report is part of the ongoing debate on the common EU defense policy which is set to culminate in a summit of European leaders in December.

Media reports have said that the European Commission and Lady Ashton’s European External Action Service actually want to create military commands and communications systems to be used by the EU for internal security and defense purposes.

The UK, which stoutly opposes such motion, is said to be leading an intense behind-the-scenes battle against establishing an EU military operations headquarters in Brussels.

Curiously, senior European officials regard the plan as an urgent response to the recent scandal over NSA whistleblower Edward Snowden’s revelations on American and British communications surveillance.

“The Edward Snowden scandal shows us that Europe needs its own autonomous security capabilities, this proposal is one step further towards European defense integration,” a senior EU official said, as quoted by the Daily Telegraph.

However, plans to create the EU’s own security and spying agency and employ spy drones and satellites for “internal and external security policies” – which would reportedly include police intelligence, internet surveillance, protection of external borders, and maritime overwatch – will likely raise concerns that the EU is creating its own version of the NSA.

The Open Europe think tank has already warned that the EU “has absolutely no democratic mandate for actively controlling and operating military and security capabilities.”

“The fact is, European countries have different views on defense and this is best served by intergovernmental cooperation, not by European Commission attempts at nation-building,” Open Europe research analyst Pawel Swidlicki said.

July 27, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Militarism | , , , , | Leave a comment

A Shameful Day to Be a US Citizen

AG Holder promises Russia not to torture Snowden

By Dave Lindorff | This Can’t Be Happening | July 27th, 2013

I have been deeply ashamed of my country a number of times. The Nixon Christmas bombing of Hanoi and Haiphong was one such time, when hospitals, schools and dikes were targeted. The invasion of Iraq was another. Washington’s silence over the fatal Israeli Commando raid on the Gaza Peace Flotilla–in which a 19-year-old unarmed American boy was murdered–was a third. But I think I have never been as ashamed and disgusted as I was today reading that US Attorney General Eric Holder had sent a letter to the Russian minister of justice saying that the US would “not seek the death penalty” in its espionage case against National Security Agency whistleblower Edward Snowden, promising that even if the US later brought added charges against Snowden after obtaining him, they would not include any death penalty, and vowing that if Snowden were handed over by Russia to the US, he would “not be tortured.”

So it has come to this: That the United States has to promise (to Russia!) that it will not torture a prisoner in its control — a US citizen at that — and so therefore that person, Edward Snowden, has no basis for claiming that he should be “treated as a refugee or granted asylum.”

Why does Holder have to make these pathetic representations to his counterpart in Russia?

Because Snowden has applied for asylum saying that he is at risk of torture or execution if returned to the US to face charges for leaking documents showing that the US government is massively violating the civil liberties and privacy of every American by monitoring every American’s electronic communications.

Snowden has made that claim in seeking asylum because he knows that another whistleblower, Pvt. Bradley Manning, was in fact tortured by the US for months, and held without trial in solitary confinement for over a year before being finally put on trial in a kangaroo court, where the judge is as much prosecutor as jurist, and where his guilt was declared in advance by the President of the United States — the same president who has also already publicly declared Snowden guilty too.

It is incredibly shameful that we US citizens have to admit that we live in a country that tortures its prisoners, that casually executes people who are mentally retarded, who are innocent, who had defense attorneys who slept through their clients’ trials, whose prosecutors slept with the judge, who were denied access to DNA evidence that could have proven their innocence, or who were convicted based upon the lies of prosecutors and prosecution witnesses.

This country’s “justice” system has become so perverted and politically tainted that the rest of the world, including Russia, knows that Snowden is telling the truth when he says he cannot hope to receive a fair trial here. Indeed, Congress has passed laws, and the President has signed laws, giving this government the power to lock someone like Snowden up indefinitely without trial, to torture him, and even to kill him, not through a jury decision on capital punishment, but simply on the basis of a secret “finding” by the President that he has aided or abetted terrorism.

No wonder Russia and several other countries, including Venezuela, Bolivia and Nicaragua, have offered or are considering offering Snowden asylum.

And no wonder that, in its obsession with getting its tyrannical hands on him, this government is willing to promise (for what a promise from the US government is worth) not to kill him or torture him.

Shame and anger are the only appropriate responses to that letter from Holder.

If this were a country that honored the rule of law, Attorney General Holder would not need to promise not to torture. He would need only to point to the US Constitution, with its ban on “cruel and unusual punishment.” He would not need to promise a fair trial to Snowden, with no capital punishment on any charges. He could point instead to the Constitution’s promise of a presumption of innocence and of a public trial by a jury of the accused’s peers, to make the case against the granting of asylum.

In such a country, someone like Snowden, with the help of a crack legal team, would have a fair shot at proving to a jury his innocence of the government’s frivolous espionage charges. He’d have a fair chance of convincing at least one juror of his absolute innocence of any crime, making his conviction impossible.

But that is not what this country is, especially today.

In today’s US courts, we know the “Justice” Department would seek to bar testimony about Snowden’s motives in leaking the documents he downloaded from the NSA’s computers. They would ask the judge to limit defense arguments and testimony in the case to the narrow issue of whether or not he downloaded and leaked files, not to whether those files exposed Constitutional violations and needed to be brought to the public’s attention. Our judges, nominated by presidents and confirmed by senators, Democrat and Republican, who want jurists who favor government secrecy and who generally side with the government against the people, can be counted on to grant the government’s motions.

In such circumstances, a defendant like Snowden, facing charges of espionage or theft of government secrets, has no ability to defend himself. The trial would be like in a Lewis Carroll event: “Verdict first, trial later!”

Hopefully President Vladimir Putin will not be pressured by the US into pretending that Snowden has nothing to fear in going back to face “justice” in the US.

It is bad enough that we Americans have to hang our heads in shame as our Attorney General pretends, against all evidence to the contrary, that there is still a fair legal system operating in the US, and that the US respects human rights and the rule of law.

We should not have to also endure yet another kangaroo court trial, this time of Edward Snowden.

Snowden should be granted asylum in Russia, or should be allowed to travel to one of the other countries of his choice that have had the courage to offer him asylum.

If we’re going to have trials on the issue of spying in the US, let them be of Holder himself, and of President Obama.

July 27, 2013 Posted by | Civil Liberties, Progressive Hypocrite | , , , , , , , | 1 Comment

Russian official slams US for turning down Moscow’s extradition requests

RT | July 22, 2013

The US is pressuring Russia to hand over NSA whistleblower Edward Snowden to face espionage charges. However, it routinely denies Russian requests to hand over suspected criminals living in America.

“Law agencies asked the US on many occasions to extradite wanted criminals through Interpol channels, but those requests were neither met nor even responded to,” spokesman for the Russian Interior Ministry Andrey Pilipchuk said on Monday.

He named Ilyas Akhmadov and Tamaz Nalbandov as examples of people living in the US, who Russia unsuccessfully tried to get for prosecution.

Akhmadov, a former officer in the Soviet Union’s Red Army, joined the militant movement in the Russian Republic of Chechnya in the early 1990s, fighting for some time along with the notorious terrorist Shamil Basayev. He is wanted in Russia over his connection to crimes committed by the insurgents.

He served as an official of the short-lived ‘government of Ichkeria’, an entity which wanted to form a sovereign Islamist state on Chechen territory. In 1999, Akhmadov was appointed ‘Foreign Minister of Ichkeria’, and toured Western countries to rally support for his cause.

After Moscow re-established control over Chechnya, he settled in the US in 2003 and sought political asylum there. He received it a year later, despite objections from the US Department of Homeland Security.

Nalbandov, an ethnic Ossetian, is suspected of abduction and extortion in Russia. In 2001, he was placed on domestic and international wanted lists.

In 2000, he moved to the US seeking political asylum and successfully obtained it. He was granted a residence permit in 2002.

Russia sought extradition of both men on several occasions in vain.

The criticism comes as the US pressures Russia to hand over Edward Snowden, a former NSA contractor, who exposed the agency’s secret surveillance programs and the role that other countries played in them.

Snowden is stranded at a Moscow airport after arriving there from Hong Kong last month. The US cancelled his passport as part of its effort to apprehend him and prosecute him on espionage charges. His limbo status means Snowden is unable to leave the airport’s transit zone in any direction.

The whistleblower is seeking political asylum in several countries, including Russia. Moscow tried to distance itself from Snowden’s case, although several Russian officials voiced their support for him and called on the government to help him.

Snowden won sympathies from activists worldwide, as many people see him as a hero, who sacrificed his career and possibly freedom to expose questionable secretive government policies. Russian human rights activists supporting the American said they regularly receive offers of money, jobs and even marriage to Snowden, the latter to facilitate his entrance to the country.

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July 23, 2013 Posted by | Aletho News | , , , , , , , | Leave a comment

NSA docs prove Germany complicit in spying program: Report

Press TV – July 22, 2013

A report has revealed that German intelligence services themselves used one of US National Security Agency’s most valuable spying programs.

The new information was published by German weekly Spiegel on Sunday and was based on secret documents from the US intelligence service.

This report comes as another blow to German Chancellor Angela Merkel and her ministers, who all claim that they first learned about the NSA spying programs from press reports.

The documents show that Germany’s foreign intelligence service, the BND, and its domestic intelligence agency, the Federal Office for the Protection of the Constitution (BfV), both used an NSA surveillance program called XKeyScore.

The obtained documents also revealed that the XKeyScore program collected the major part of the up to 500 million phone calls and data activities monitored monthly by the NSA.

The XKeyScore program is able to reveal retroactively any terms the target person has typed into a search engine through collected metadata, i.e. information about which data connections were made and when, according to an internal NSA presentation from 2008.

The system is also capable of receiving a “full take” of all unfiltered data over a period of several days, including contents of communications.

Furthermore, the secret documents show that the BND head, Gerhard Schindler, had an “eagerness and desire” for Germany’s intelligence agencies to intensify cooperation with the NSA.

“The BND has been working to influence the German government to relax interpretation of the privacy laws to provide greater opportunities of intelligence sharing,” the NSA stated in January.

Elsewhere in the document, the NSA said that in Afghanistan the BND had proved to be the agency’s “most prolific partner” when it came to information gathering.

Moreover, the documents show that a 12-member high-level BND delegation was invited to the NSA at the end of April to meet with various experts on “data acquisition”, just a few weeks before first revelations by the NSA surveillance programs by Edward Snowden were published.

In June, Snowden, an American former technical contractor for the NSA and a former employee of the CIA, leaked documents showing the US spied on the European Union and monitored up to a half-billion German telephone calls and internet activities each month.

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July 22, 2013 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , , , , , | Leave a comment

Government Fights to Keep Court Opinions on NSA Spying Hidden From Public

By Alex Abdo | ACLU | July 16, 2013

Last month, we asked the secret Foreign Intelligence Surveillance Court—known as the FISC—to publish its legal opinions allowing the government to track the phone calls of essentially all Americans. Those secret opinions are critical to the ongoing debate about the NSA’s surveillance powers, but, perhaps even more importantly, they are the authoritative legal interpretations of a public law. Like the law itself, those opinions should be public. Given that fact, we were disappointed when, on July 5, the government opposed our request, arguing that the public is not entitled to read the FISC’s opinions.

Think about that for a minute. Our government believes that opinions of a federal court deciding what a controversial federal law actually means and whether sweeping surveillance conducted under that law is constitutional should be secret. And we’re not just talking about keeping secret the names of the government’s surveillance targets. The government’s filing was clear: The public doesn’t have the right to read even the FISC’s legal analysis.

Here is how we countered the government’s argument in the reply brief we filed late on Friday:

The First Amendment guarantees the public a qualified right of access to those opinions, because judicial opinions interpreting constitutional and statutory limits on governmental authorities— including those relevant to foreign-intelligence surveillance—have always been available for inspection by the public and because their release is so manifestly fundamental in a democracy committed to the rule of law.

The government’s contrary view—that legal opinions of an Article III court controlling the constitutional rights of millions of Americans may forever be denied to the public, even if any legitimate interest in secrecy has expired or can be accommodated—is wrong. Indeed, if the government succeeds in depriving the public of the tools necessary to understand the laws passed by its elected officials, it will have eroded the foundations of our democracy. The government’s theory affects more than the public’s right to this Court’s opinions; its reasoning would likewise deny the public a right of access to the opinions of courts sitting in review of those opinions, whether issued by the Court of Review or even the Supreme Court of the United States. That result would defeat democratic oversight and undermine public confidence in our legal institutions.

Our motion is now fully briefed and ready for the FISC to decide. Stay tuned.

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July 16, 2013 Posted by | Civil Liberties, Deception, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

Obama administration drowning in lawsuits filed over NSA surveillance

RT | July 16, 2013

Attorneys for the Electronic Frontier Foundation have sued the Obama administration and are demanding the White House stop the dragnet surveillance programs operated by the National Security Agency.

Both the White House and Congress have weighed in on the case of Edward Snowden and the revelations he’s made by leaking National Security Agency documents. Now the courts are having their turn to opine, and with opportunities aplenty.

Day by day, new lawsuits waged against the United States government are being filed in federal court, and with the same regularity President Barack Obama and the preceding administration are being charged with vast constitutional violations alleged to have occurred through the NSA spy programs exposed by Mr. Snowden.

The recent disclosures made by Snowden have generated commotion in Congress and the White House alike. The Department of Justice has asked for the 30-year-old former Booz Allen Hamilton worker to be extradited to the US to face charges of espionage, and members of both the House and Senate have already held their share of emergency hearings in the wake of Snowden’s series of disclosures detailing the vast surveillance programs waged by the US in utmost secrecy. But with the executive and legislative branches left worrying about how to handle the source of the leaks — and if the policies publicized should have existed in the first place — the courts could soon settle some disputes that stand to shape the way the US conducts surveillance of its own citizens.

Both longstanding arguments and just-filed claims have garnered the attention of the judicial branch in the weeks since the Guardian newspaper first began publishing leaked NSA documents attributed to Snowden on June 6. But while the courts have relied previously on stalling or stifling cases that challenge Uncle Sam’s spy efforts, civil liberties experts say the time may be near for some highly anticipated arguments to finally be heard. Now on the heels of lawsuits filed by the likes of the American Civil Liberties Union and the Electronic Privacy Information Center, groups are coming out of the woodwork to wage a legal battle against the White House.

The most recent example came this week when a coalition of various organizations filed suit together against the Obama administration by challenging “an illegal and unconstitutional program of dragnet electronic surveillance, specifically the bulk acquisition, collection, storage, retention and searching of telephone communications information.” Represented by attorneys from the EFF and others, the plaintiffs in the latest case filed Tuesday in San Francisco federal court include an array of groups, such as: First Unitarian Church of Los Angeles; Bill of Rights Defense Committee; Calguns Foundation; California Association of Federal Firearms Licensees; Council on Islamic Relations; Franklin Armory; Free Press; Free Software Foundation; Greenpeace; Human Rights Watch; Media Alliance; National Organization for the Reform of Marijuana Laws; Open Technology Institute; People for the American Way, Public Knowledge; Students for Sensible Drug Policy; TechFreedom; and Unitarian Universalist Service Committee.

Cindy Cohn, the legal director of the EFF, told the Washington Post that the NSA leaks credited to Snowden have been a “tremendous boon” to the plaintiffs in recently filed court cases challenging the surveillance state. The courts are currently pondering at least five important cases, Cohn told the Post, which could, once and for all, bring some other issues up for discussion.

Since June 6, the American Civil Liberties Union, a Verizon Wireless customer and the founder of conservative group Judicial Watch have all filed federal lawsuits against the government’s collection of telephony metadata, a practice that puts basic call records into the government’s hands without a specific warrant ever required and reported to the media by Mr. Snowden. Larry Klayman of Judicial Watch has also sued over another revelation made by Snowden — the PRISM Internet eavesdropping program — and the Electronic Privacy Information Center, or EPIC, has asked the Supreme Court to vacate the order compelling Verizon Business Network Services to send metadata to the feds.

Perhaps most important, however, is a California federal court’s recent decision to shut down the government’s request to stop the case of Jewel vs. NSA from proceeding. That debate first began in 2008 when Jewel, a former AT&T customer, challenged the government’s “illegal and unconstitutional program of dragnet communications surveillance” as exposed by a whistleblower at the telecom company. That case has seen roadblock after roadblock during the last five years, but all that changed earlier this month.  The government long argued that Jewel v. NSA can’t go up for discussion because the issues at hand are privileged as ‘state secrets’ and can’t be brought into the public realm.

“[T]he disclosure of sensitive intelligence sources and methods . . . reasonably could be expected to cause exceptionally grave harm to national security,” the government wrote in one earlier filing. “The very purpose of these cases is to put at issue whether the NSA undertook certain alleged activities under presidential authorization after 9/11, and whether those activities continue today. At every stage, from standing to the merits, highly classified and properly privileged intelligence sources and methods are at risk of disclosure. The law is clear, however, that where litigation risks or requires the disclosure of information that reasonably could be expected to harm national security, dismissal is required.”

Following Snowden’s recent disclosures, though, Judge Jeffrey White of the Northern District of California ruled on July 8 that there’s a way for those cases to still be heard.

“The court rightly found that the traditional legal system can determine the legality of the mass, dragnet surveillance of innocent Americans and rejected the government’s invocation of the state secrets privilege to have the case dismissed,” the EFF’s Cohn, who is working on the case, said in a statement issued at the time of the ruling. “Over the last month, we came face-to-face with new details of mass, untargeted collection of phone and Internet records, substantially confirmed by the Director of National Intelligence. Today’s decision sets the stage for finally getting a ruling that can stop the dragnet surveillance and restore Americans’ constitutional rights.”

Weighing in weeks later to the Post, Cohn said that outcome could have more of an impact than many might imagine. “It’s tremendous, because anything that allows these cases to proceed is important,” she said.

Speaking to the New York Times this week, American Civil Liberties Union attorney Jameel Jaffer said that until now the government has operated a “shell game” to shield it’s surveillance programs from litigation. “[T]he statute has been shielded from judicial review, and controversial and far-reaching surveillance authorities have been placed beyond the reach of the Constitution,” he said.

Should Cohn’s prediction come true, though, the courts could decide to weigh in and reshape the way the government currently conducts surveillance.

According to University of Pittsburgh law professor Jules Lobel, a victory there could come in more than one way. “There is a broader function to these lawsuits than simply winning in court,” he told the Post. “The government has to respond, and forcing them to go before a court might make them want to change aspects of the programs.”

“The government does things to avoid embarrassment,’’ he added, “and lawsuits are a key pressure point.’’

Interviews to the Post and the Times come just days after Sen. Ron Wyden (D-Oregon), a long-time member of the Senate Intelligence Committee, said he thought the revelations made by Snowden may influence the White House to reconsider their surveillance practices before the courts can even have their chance.

“I have a feeling that the administration is getting concerned about the bulk phone records collection, and that they are thinking about whether to move administratively to stop it,” Sen. Wyden told the Times.

“I think we are making a comeback,” he said.

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July 16, 2013 Posted by | Civil Liberties, Corruption, Full Spectrum Dominance | , , , , , , , , , , | 1 Comment

Brazil: US spying response insufficient

Press TV – July 16, 2013

Brazil says Washington has insufficiently responded to Brasilia’s request for an explanation over US spying programs, recently revealed by US intelligence whistleblower Edward Snowden.

Foreign Minister Antonio Patriota said Monday that some clarifications have been made however Brazilia views them as insufficient.

Patriota also reported that there had basically been nothing new since he appeared before Congress last week, saying he was awaiting a formal response from Washington.

Since the disclosure, the Brazilian government has set up a technical group, including representatives of the ministries of justice, defense, foreign affairs, science and technology as well as security experts, to investigate into the spying revelations.

On July 7, Brazilian newspaper O Globo published a report based on documents leaked by Snowden, showing the US National Security Agency has targeted most Latin American countries in their spying programs.

According to the report, Brazil along with Colombia, Venezuela and Mexico were among those of highest priority for the U.S. intelligence agency in Latin America.

In addition, the newspaper revealed that Washington also kept a base in Brasilia to intercept foreign satellite communications.

President Dilma Rousseff responded to the revelations that if the reports prove true, they would constitute a “violation of sovereignty and human rights.”

On July 12 during a summit, Presidents of Brazil, Bolivia, Argentina, Uruguay, and Venezuela together condemned the US for spying in the region.

Meanwhile, Latin American nations, Venezuela, Nicaragua and Bolivia have all offered asylum to Snowden, who is holed up at Moscow’s Sheremetyevo International Airport since June 23, when he landed in Russia from Hong Kong.

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July 16, 2013 Posted by | Corruption, Deception, Full Spectrum Dominance | , , , , | Leave a comment

Bills Introduced by Congress Fail to Fix Unconstitutional NSA Spying

By Mark M. Jaycox | EFF | July 15, 2013

In the past two weeks Congress has introduced a slew of bills responding to the Guardian‘s publication of a top secret court order using Section 215 of the PATRIOT Act to demand that Verizon Business Network Services give the National Security Agency (NSA) a record of every customer’s call history for three months. The order was confirmed by officials like President Obama and Senator Feinstein, who said it was a “routine” 90 day reauthorization of a program started in 2007.

Currently, four bills have been introduced to fix the problem: one by Senator Leahy, Senator Sanders, Senators Udall and Wyden, and Rep. Conyers. The well-intentioned bills try to address the Justice Department’s (DOJ) abusive interpretations of Section 215 (more formally, 50 USC § 1861) apparently approved by the reclusive Foreign Intelligence Surveillance Court (FISA Court) in secret legal opinions.

Sadly, all of them fail to fix the problem of unconstitutional domestic spying—not only because they ignore the PRISM program, which uses Section 702 of the Foreign Intelligence Surveillance Act (FISA) and collects Americans’ emails and phone calls—but because the legislators simply don’t have key information about how the government interprets and uses the statute. Congress must find out more about the programs before it can propose fixes. That’s why a coalition of over 100 civil liberties groups and over half a million people are pushing for a special congressional investigatory committee, more transparency, and more accountability.

More Information Needed

The American public has not seen the secret law and legal opinions supposedly justifying the unconstitutional NSA spying. Just this week the New York Times and Wall Street Journal (paywall) reported that the secret law includes dozens of opinions—some of which are hundreds of pages long—gutting the Fourth Amendment. The special investigative committee must find out necessary information about the programs and about the opinions. Or, at the very least, extant committees like the Judiciary or Oversight Committees must conduct more open hearings and release more information to the public. Either way, the process must start with the publication of the secret legal opinions of the FISA Court, and the opinions drafted by the Department of Justice’s Office of Legal Counsel (OLC).

Why the Legislation Fails to Fix Section 215

Some of the bills try to narrow Section 215 by heightening the legal standard for the government to access information. Currently, the FBI can obtain “any tangible thing”—including, surprisingly, intangible business records about Americans—that is “relevant”

to an authorized investigation to obtain foreign intelligence information not concerning a US person or to protect against international terrorism or clandestine intelligence activities

with a statement of facts showing that there are “reasonable grounds to believe” that the tangible things are “relevant” to such an investigation. Bills by Rep. Conyers and Sen. Sanders attempt to heighten the standard by using pre-9/11 language mandating “specific and articulable facts” about why the FBI needs the records. Rep. Conyers goes one step further than Sen. Sanders by forcing the FBI to include why the records are “material,” or significantly relevant, to an investigation.

By heightening the legal standard, the legislators intend for the FBI to show exactly why a mass database of calling records is relevant to an investigation. But it’s impossible to know if these fixes will stop the unconstitutional spying without knowing how the government defines key terms in the bills. The bills by Sen. Leahy and Sens. Udall and Wyden do not touch this part of the law.

Failure to Stop the Unconstitutional Collection of “Bulk Records”

Sens. Udall, Wyden, and Leahy use a different approach; their bills mandate every order include why the records “pertain to” an individual or are “relevant to” an investigation. Collectively this aims—but most likely fails—to stop the government from issuing “bulk records orders” like the Verizon order. Senator Sanders travels a different path by requiring the government specify why “each of” the business records is related to an investigation; however, it’s also unclear if this stops the spying. Yet again, Rep. Conyers’ bill provides the strongest language as it deletes ambiguous clauses and forces all requests “pertain only to” an individual; however even the strongest language found in these bills will probably not stop the unconstitutional spying.

Legislators Are Drafting in the Dark

Unfortunately, legislators are trying to edit the statutory text before a thorough understanding of how the government is using key definitions in the bill or how the FISA Court is interpreting the statute. For instance, take the word “relevant.” The “tangible thing” produced under a Section 215 order must be “relevant” to the specific type of investigation mentioned above. But the Verizon order requires every Verizon customer’s call history.

The New York Times confirmed the secret FISA court was persuaded by the government that this information is somehow relevant to such an investigation. The Wall Street Journal (paywall), quoting “people familiar with the [FISA Court] rulings” wrote: “According to the [FISA Court], the special nature of national-security and terrorism-prevention cases means ‘relevant’ can have a broader meaning for those investigations.” Obviously, only severely strained legalese—similar to the Department of Justice’s re-definition of “imminent“—could justify such an argument. And the Fourth Amendment was created to protect against this exact thing—vague, overbroad “general warrants” (.pdf).

If “relevant” has been defined to permit bulk data collection, requiring more or better facts about why is unlikely to matter. Even Sen. Sanders’ approach—which would require “each” record be related to an investigation—could fall short if “relevance” is evaluated in terms of the database as a whole, rather than its individual records. This is just one example of why the secret FISA Court decisions and OLC opinions must be released. Without them, legislators cannot perform one of their jobs: writing legislation.

Congress Must Obtain and Release the Secret Law

The actions revealed by the government strike at the very core of our Constitution. Further, the majority of Congress is unaware about the specific language and legal interpretations used to justify the spying. Without this information, Congress can only legislate in the dark. It’s time for Congress to investigate these matters to the fullest extent possible. American privacy should not be held hostage by secrecy. Tell Congress now to push for an special investigative committee, more transparency, and more accountability.

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July 15, 2013 Posted by | Civil Liberties, Deception, Full Spectrum Dominance | , , , , , , , , | 2 Comments

Microsoft helped the NSA bypass encryption, new Snowden leak reveals

RT | July 11, 2013

Microsoft worked hand-in-hand with the United States government in order to allow federal investigators to bypass encryption mechanisms meant to protect the privacy of millions of users, Edward Snowden told The Guardian.

According to an article published on Thursday by the British newspaper, internal National Security Agency memos show that Microsoft actually helped the federal government find a way to decrypt messages sent over select platforms, including Outlook.com Web chat, Hotmail email service, and Skype.

The Guardian wrote that Snowden, the 30-year-old former systems administrator for NSA contractor Booz Allen Hamilton, provided the paper with files detailing a sophisticated relationship between America’s intelligence sector and Silicon Valley.

The documents, which are reportedly marked top-secret, come in the wake of other high-profile disclosures attributed to Snowden since he first started collaborating with the paper for articles published beginning June 6. The United States government has since indicted Snowden under the Espionage Act, and he has requested asylum from no fewer than 20 foreign nations.

Thursday’s article is authored by Glenn Greenwald and Laura Poitras, two journalists who interviewed Snowden at length before he publicly revealed himself to be the source of the NSA leaks. They are joined by co-authors Ewen MacAskill, Spencer Ackerman and Dominic Rushe, who wrote that the classified documents not only reveal the degree in which Microsoft worked with the feds, but also detail the PRISM internet surveillance program. The US government’s relationships with tech companies are also included in the documents, according to the journalists.

“The latest NSA revelations further expose the tensions between Silicon Valley and the Obama administration,” the journalists wrote. “All the major tech firms are lobbying the government to allow them to disclose more fully the extent and nature of their cooperation with the NSA to meet their customers’ privacy concerns. Privately, tech executives are at pains to distance themselves from claims of collaboration and teamwork given by the NSA documents, and insist the process is driven by legal compulsion.”

In the case of Microsoft, however, it appears as if the Bill Gates-founded tech company went out of its way to assist federal investigators.

Among the discoveries made by the latest Snowden leaks, Guardian journalists say that Microsoft specifically aided the NSA in circumventing encrypted chat messages sent over the Outlook.com portal before the product was even launched to the public.

“The files show that the NSA became concerned about the interception of encrypted chats on Microsoft’s Outlook.com portal from the moment the company began testing the service in July last year,” they wrote. “Within five months, the documents explain, Microsoft and the FBI had come up with a solution that allowed the NSA to circumvent encryption on Outlook.com chats.”

According to internal documents cited by the journalists, Microsoft “developed a surveillance capability” that was launched “to deal” with the feds’ concerns that they’d be unable to wiretap encrypted communications conducted over the Web in real time.

“These solutions were successfully tested and went live 12 Dec 2012,” the memo claims, two months before the Outlook.com portal was officially launched.

In a tweet, Greenwald wrote that “the ‘document’ for the Microsoft story is an internal, ongoing NSA bulletin over 3 years,” and that The Guardian “quoted all relevant parts.” The document is not included in the article.

The Guardian revealed that Microsoft worked with intelligence agencies in order to let administrators of the PRISM data collection program easily access user intelligence submitted through its cloud storage service SkyDrive, as well as Skype.

“Skype, which was bought by Microsoft in October 2011, worked with intelligence agencies last year to allow Prism to collect video of conversations as well as audio,” the journalists wrote.

That allegation comes in stark contrast to claims made previously by Skype, in which it swore to protect the privacy of its users. RT reported previously that earlier documentation supplied by Snowden showed that the government possesses the ability to listen in or watch Skype chats “when one end of the call is a conventional telephone and for any combination of ‘audio, video, chat and file transfers’ when Skype users connect by computer alone.”

RT earlier acknowledged that Microsoft obtained a patent last summer that provides for “legal intercept” technology. The technology allows agents to “silently copy communication transmitted via the communication session” without asking for user authorization. In recent weeks, however, Microsoft has attacked the government over its secretive spy powers and even asked the Foreign Intelligence Surveillance Court if it could be more transparent in discussing the details of FISA requests compiling tech companies for data.

“We continue to believe that what we are permitted to publish continues to fall short of what is needed to help the community understand and debate these issues,” Microsoft Vice President John Frank wrote last month.

“In the past, Skype made affirmative promises to users about their inability to perform wiretaps,” Chris Soghoian of the American Civil Liberties Union told The Guardian. “It’s hard to square Microsoft’s secret collaboration with the NSA with its high-profile efforts to compete on privacy with Google.”

Earlier this week, Yahoo requested that the FISA court unseal documents from its own FISA battle. The court ruling in 2008 compelled Yahoo – and later other Silicon Valley entities – to supply the government with user data without requiring a warrant.

“Blanket orders from the secret surveillance court allow these communications to be collected without an individual warrant if the NSA operative has a 51 percent belief that the target is not a US citizen and is not on US soil at the time,” The Guardian reporters wrote. “Targeting US citizens does require an individual warrant, but the NSA is able to collect Americans’ communications without a warrant if the target is a foreign national located overseas.”

During a March press conference, FBI general counsel Andrew Weissman said that federal investigators plan on being able to wiretap any real-time Internet conversation by the end of 2014.

“You do have laws that say you need to keep things for a certain amount of time, but in the cyber realm you can have companies that keep things for five minutes,” he said. “You can imagine totally legitimate reasons for that, but you can also imagine how enticing that ability is for people who are up to no good because the evidence comes and it goes.”

Former CIA officer Ray McGovern expanded further on the subject to RT, remembering the Bush presidency and how unsurprising it is that this sort of breach of rights continues to exist.

“If you look at what happened when Bush, Cheney and General Hayden – who was head of the NSA at the time – deliberately violated the law to eavesdrop on Americans without a warrant, did the telecommunications companies cooperate? Verizon, AT&T…All the giants did…the one that didn’t was Quest. And what happened to Quest? Well, the CEO ended up in jail – and he still might be in jail – on some unrelated charges.”

Later the Congress voted to hold everyone in an innocent light, including the companies who were complicit in the spying. So there is absolutely no disincentive not to engage in violating people’s rights, McGovern warns.

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July 12, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance | , , , , , , , | Leave a comment

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