Russian sanctions, NSA spying top the agenda at Merkel’s White House visit
RT | May 02, 2014
Germany’s Chancellor Merkel is in the White House for the first time since it was revealed the NSA monitored her personal communications. During bilateral talks with Barack Obama, Merkel is expected to broach sanctions on Russia and US spying.
Relations between Washington and Berlin are showing signs of tensions, as German companies call for a halt to sanctions on Russia. Furthermore, Germany is still reeling from the NSA spy revelations that affected millions of German citizens, as well as high-ranking businessmen and politicians.
Merkel reiterated earlier this week that Germany would support any further financial sanctions against Russia. However, growing calls from the German business sector may force her to change her policy in Friday’s meeting.
“The Germans are very clear they are not going to pursue factions that hurt German industry. That would be the straw that broke the camel’s back,” said Michael Hudson professor of Economics at the University of Missouri to RT.
Indeed, some major corporate figures have already spoken out against a potential escalation of the sanctions, maintaining they will do more harm than good to the German economy.
“If there’s a single message we have as business leaders, then it’s this: sit down at the negotiating table and resolve these matters peacefully,” Eckhard Cordes told a recent conference in Berlin. Cordes is a former Daimler AG executive who now heads the Ostauschuss, German industry’s branch for Eastern Europe, reported the Wall Street Journal.
So far the US, EU, Canada and Japan have imposed sanction on Russia for its alleged role in the unrest in eastern Ukraine. Moscow has denied claims it is involved in the unrest and has pointed the finger at Washington for orchestrating the situation in Ukraine as part of its geopolitical strategy in the region.
NSA spying
The espionage antics of the US National Security Agency remain a bone of contention between Berlin and Washington. It emerged earlier in April that Merkel had been denied access to her NSA file, following reports the agency had monitored her personal communications. The revelations had a profound effect on German society, prompting calls for Washington to account for its actions.
“First the US denied spying on Merkel’s cell phone, then admitted it, now it just continues, because Obama says ‘we reserve the right to collect information.’ I just see Angela Merkel going to the US to pick up new instructions,” Ken Jebson, Redaktion radio host told RT’s Peter Oliver.
While WikiLeaks spokesperson Kristinn Hrafsson, said the German government’s lack of resolve over the NSA spy scandal is indicative of European cowardice in the face of US dominance.
“I think the proof of the cowardice of governments and politicians and their unwillingness to tackle this in a meaningful way, despite what they say publicly, was when European countries closed their airspace and forced the presidential plane of Evo Morales to land in Austria, on a hunch that Edward Snowden was on board,” he told RT.
Earlier this year Washington pledged that it would no longer spy on world leaders, but stated it would still gather information on the intentions of foreign powers through its espionage programs.
NSA bugs Merkel aides instead of chancellor
RT | February 24, 2014
In the wake of President Obama’s promise to stop spying on German Chancellor Angela Merkel, the US intelligence has switched its attention to her top government officials, a German newspaper reported.
Washington’s relations with Germany were strained last year after revelations that the US National Security Agency (NSA) was conducting mass surveillance in Germany and even tapped the mobile phone of Chancellor Merkel.
Facing the German outrage, President Barack Obama pledged that the US would stop spying on the leader of the European country, which is among the closest and most powerful allies of America.
After the promise was made, the NSA has stepped up surveillance of senior German officials, German newspaper Bild am Sonntag (BamS) reported on Sunday.
“We have had the order not to miss out on any information now that we are no longer able to monitor the chancellor’s communication directly,” it quoted a top NSA employee in Germany as saying.
BamS said the NSA had 297 employees stationed in Germany and was surveying 320 key individuals, most of them German decision-makers involved in politics and business.
Interior Minister Thomas de Maiziere is of particular interest to the US, the report said, because he is a close aide of Merkel, who seeks his advice on many issues and was rumored to be promoting his candidacy for the post of NATO secretary-general.
A spokesman for the German Interior Ministry told the newspaper it would not comment on the “allegations of unnamed individuals.”
Privacy issues are a very sensitive area in Germany, which holds the memory of invasive state surveillance practices by the Nazi government and later by the Communist government in the former East Germany.
Part of the outrage in Germany was caused by the allegation that US intelligence is using its surveillance capabilities not only to provide national security, but also to gain business advantage for American companies over their foreign competitors.
Berlin has been pushing for a ‘no-spying deal’ with the US for months, but so far with little success. Germany is also advocating the creation of a European computer network which would allow communication traffic not to pass through US-based servers and thus avoid the NSA tapping.

The day the world fought back
By Danny O’Brien | EFF | February 11, 2014
Mass surveillance of electronic communications is a vast, new, government intrusion on the privacy of innocent people worldwide. It is a violation of International human rights law. Without checks and balances, its use will continue to spread from country to country, corrupting democracies and empowering dictators.
That’s why, today, on February 11th, around the world, from Argentina to Uganda, from Colombia to the Philippines, the people of the Internet have united to fight back.
The Day We Fight Back’s main global action is to sign and promote the 13 Principles, a set of fundamental rules that, in clear language, tells lawmakers and governments how to apply existing human rights law to these new forms of surveillance. With the support of thousands of Net users, we’ll use your voice to demand that all governments comply with their obligation to protect privacy against unchecked surveillance.
But there’s more to today’s global action than the Principles. Hundreds of digital rights and privacy groups, thousands of individual Net users, in dozens of countries, have come together to protest surveillance by governments at home and abroad. Here’s just a sampling of the campaigns and events happening today:
In Argentina, the Asociación por los Derechos Civiles and Vía Libre Foundation is suing the Argentinian Congressional surveillance oversight commission for withholding basic information on surveillance practices in the country.
In Australia, a coalition of groups under the banner Citizens Not Suspects, is joining to demand a government investigation of the practices of the notorious “Five Eyes” countries — the nations, including Australia, which share intelligence with the NSA.
In Brazil, where the upcoming Marco Civil bill promises to encode human rights into the country’s Internet law, citizens are renewing their demands to include strong privacy protections.
In Canada, more than 45 major organizations, and tens of thousands of Canadians are calling their elected representatives to stop illegal spying by Communications Security Establishment Canada (CSEC), Canada’s spying agency.
Colombians have launched “Internet sin Chuzadas”, a campaign calling for the end of unchecked surveillance at home and abroad.
France’s La Quadrature Du Net have started an NSA Observer program to inform people of the NSA’s global surveillance. The Philippines’ Internet Freedom Alliance (PIFA) is organizing a day of mass action against the country’s draconian Cybercrime Prevention Act.
Poland’s Panoptykon Foundation is demanding answers from the Polish government and Barack Obama.
The Netherlands’ Bits of Freedom will call on Dutch citizens to join their campaign to stop mass surveillance: bespiedonsniet.nl (“Don’t Spy On Us”).
In Serbia, SHARE Foundation, one of the earliest supporters of the 13 Principles, is renewing their campaign against surveillance locally and internationally.
In Uganda, Unwanted Witness will be urging their local telephone companies to stop sharing private data with politicians.
And in the United Kingdom, a huge coalition of Britain’s privacy groups is launching DontSpyOnUs.org.uk, to pressure the UK’s GCHQ to stop its global mass surveillance apparatus.
In the US? Call Congress today.
Dial 202-552-0505 or click here to enter your phone number and have our call tool connect you
Privacy Info: This telephone calling service is operated by Twilio and will connect you to your representatives. Information about your call, including your phone number and the time and length of your call, will be collected by Twilio and subject to Twilio’s privacy policy.
Calling Congress takes just five minutes and is the most effective action you can take right now to let your elected officials know that mass surveillance must end.
Here’s what you should say:
I’d like Senator/Representative __ to support and co-sponsor H.R. 3361/S. 1599, the USA Freedom Act. I would also like you to oppose S. 1631, the so-called FISA Improvements Act. Moreover, I’d like you to work to prevent the NSA from undermining encryption standards and to protect the privacy rights of non-Americans.
Where ever you live, can join them: you can visit Necessary And Proportionate, the home of the 13 Principles, and add your name to our action, and find out what is happening in your own country. Write your own posts of opposition, and spread the word through the hashtag #stopspying .

The Center for American Progress and the Nullify NSA Movement
By Tracy Rosenburg | CounterPunch | February 7, 2014
The prominent Democratic website Think Progress recently took aim at the anti-NSA surveillance movement with a warning to “Beware of Libertarians Bearing Gifts”. The blog suggests bipartisan alliances between civil liberties advocates and libertarians will sink the New Deal, which some might say is already taking on a bit of water.
The direct target of authors Zack Beauchamp and Ian Millhiser is the Offnow.org coalition, a partnership anchored by the right-wing Tenth Amendment Center and the left-wing Bill of Rights Defense Committee.*
The premise of Offnow is local legislation in states, counties, and universities to make it policy to dis-invest in mass surveillance. Twelve state legislatures have introduced versions of the 4th Amendment Act (Alaska, Arizona, California, Indiana, Kansas, Mississippi, Missouri, New Hampshire, Oklahoma, Tennessee, Vermont and Washington). The big target is Utah, home of the huge Utah Data Center in Bluffdale, where the provision of 1.7 million gallons of water by the state every day cools the huge supercomputers.
Think Progress’s objection to turning off the utilities on the NSA emanates from a liberal nightmare of a state like Texas darkening health clinics for poor people or cutting off water supplies to voting rights attorneys.
Let me be clear. I buy the idea that nutty contingents of the Tea Party might advocate for such things. Texas’s recent foray into fetal survival within the carcass of a deceased woman is evidence to never say never. But there is one basic difference.
Mass blanket surveillance of telephone metadata, email and Internet searches without individualized warrants and probable cause, is unconstitutional. The Bill of Rights doesn’t allow it. Congress didn’t approve it. The American public didn’t know about it until a certain contractor took a trip to Hong Kong. The idea Think Progress is embracing – the rogue activities of the NSA are established government policy – isn’t true.
Even the unaccountable secret FISC court has agreed: “The Obama administration, under pressure from continued NSA leaks, declassified documents Wednesday showing the agency scooped up tens of thousands of emails and other online communications from Americans beginning in 2008 that it wasn’t allowed to target, and was told to stop by the secret court that oversees the program”.
The Dems at The Center for American Progress also seem stricken by an attack of amnesia about the long tradition of local disinvestment movements to impact American policy – by progressives.
The anti-apartheid movement advocated for disinvestment in South Africa under apartheid from both private and public sources including state universities. By 1984, 53 U.S institutions divested, by 1987, 128 including the University of California. By the end of 1989, 26 states, 22 counties and over 90 cities had taken some form of binding economic action against companies doing business in South Africa. Most of this pre-dated the 1986 Comprehensive Apartheid Act by Congress.
Over 110 American cities have declared themselves sanctuary cities that will provide limited or no local cooperation with the Secure Communities deportation program run by the Department of Homeland Security.
Vermont, the state most often described as a progressive Disneyland has developed a virtual cottage industry in defying the federal government. In just the last few years, the state has authorized hemp growing without a permit, passed a law prohibiting patent trolling not addressed by the US Patent Act, opted out of the Affordable Care Act, and has considered a GMO labeling bill, currently stalled by litigation threats from Monsanto.
If the New Deal is sinking, the most progressive state in the nation appears to be steadily poking holes in the hull of the boat.
In the latest version of “you’re with us or you’re against us”, the Center for American Progress has embraced an a-historical definition of progressivism that prioritizes not sleeping with the enemy over principled dissent against unconstitutional activities.
The last line of the Think Progress article is “Ideology matters”.
Does it really matter more than justice?
*Disclaimer: Media Alliance, my organization, recently joined the Offnow coalition.
Tracy Rosenberg is the executive director of Media Alliance (www.media-alliance.org), an Oakland CA-based democratic communications advocacy organization. Research assistance with this article was provided by Alexander Houk.

NSA Defender Explains How Even Though NSA Spies On Americans, It’s OK To Say They Don’t
Orwell Would Be Proud
By Mike Masnick | Techdirt | February 6, 2014
Benjamin Wittes of the Brooking Institution has become the go-to non-government NSA apologist. One of his most recent articles is a true work of rhetorical artistry, in which he tries to explain why saying “the NSA doesn’t spy on Americans” is acceptable shorthand for the fact that the NSA spies on pretty much every American. It’s a master class in political doubletalk. First, it’s the law’s fault. The law, you see, is too complicated for mere mortals not working for the NSA to understand, so that makes it okay to lie:
The law is so dense and so complicated that it cannot be accurately summarized at a level a citizen can reasonably process.
Any effort to summarize the relevant law necessarily ignores themes sufficiently important to its architecture that the reductionism will partake of serious inaccuracy. The person who told my friend that NSA does not spy on Americans was not lying. He or she was highlighting a crucially-important limitation on NSA’s authority vis a vis US persons. The law and the relevant regulations all contain significant territorial restrictions and significant protections for US persons overseas as well—all designed to separate the foreign intelligence mission of NSA from both domestic intelligence and domestic law enforcement. It’s a sincere and pervasive effort. “We don’t spy on Americans” is a common shorthand for a wealth of law and practice that really and meaningfully keeps the agency out of the business of being a covert domestic intelligence agency.
Got that? Because there are some limitations on all the spying they do on Americans, and it’s too complicated to understand those limitations, so it’s okay to lie and say they don’t spy on Americans. Of course, in the very next paragraph, Wittes tries to effectively brush away the massive amount of surveillance done on Americans.
NSA, after all, does spy on individual Americans with an order from the FISC. It does, moreover, capture all domestic telephony metadata. And most importantly, it does routinely capture communications between Americans and the targets of its surveillance and incidentally capture other material its systems scoop up overseas—subject to rules that limit the retention and processing of US person information. In other words, to say that NSA does not spy on Americans emphatically does not mean, as a reasonable student or citizen might expect it to mean, that the agency does not regularly acquire and process the communications of Americans.
Of course, as Jameel Jaffer from the ACLU points out, this is all nonsense because it’s a simple fact that the NSA does do surveillance on Americans, and to claim otherwise is not acceptable shorthand. It’s a lie. And while Wittes then tries to obfuscate things even more by trying and purposely failing to come up with a concise way of summarizing what the NSA does, Jaffer helps out with a few workable suggestions:
This is nonsense. Perhaps Ben’s right that it’s difficult to come up with a single sentence, or even a single paragraph, that clearly and comprehensively describes the nature and extent of the NSA’s surveillance of Americans. (Can you describe any federal agency’s functions in a single, comprehensive paragraph?) But it’s not difficult to come up with a sentence more accurate than “The NSA doesn’t spy on Americans.” Try this one: “The NSA spies on Americans.” Or this one: “The NSA collects a huge amount of information about Americans’ communications and in many contexts it collects the communications themselves.” Or this one: “The NSA is sometimes described as a foreign-intelligence agency but this label should not obscure the fact that a large part of the agency’s energy is dedicated to collecting and analyzing information about Americans.”
Jaffer further points out that Wittes’s suggestion that those who claim the NSA doesn’t spy on Americans are really trying to tell the truth through shorthand, is actually misleading. As Jaffer points out:
Any official who says the NSA isn’t spying on Americans is seeking to mislead.
And anyone defending that statement is trying to support that fundamental attempt to mislead.
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Who Did the NSA’s Illegal Spying Put in Jail?
By Patrick C. Toomey | ACLU | February 5, 2014
Last week, the ACLU joined a constitutional challenge to the FISA Amendments Act of 2008 (FAA), the statute that allows the NSA to engage in dragnet surveillance of Americans’ international phone calls and emails. With the Federal Defenders Office, we filed a motion on behalf of Jamshid Muhtorov, the first criminal defendant to receive notice that he had been monitored under this controversial spying law. But Mr. Muhtorov received this notice only after the Department of Justice (DOJ) abandoned its previous policy of concealing FAA surveillance in criminal cases — a policy that violated both the statute itself and defendants’ due process rights.
For criminal defendants and for the country, it’s good news that the government is reviewing criminal cases in which FAA evidence has played a role. But the FAA is just one surveillance program among many. And given what we now know about the DOJ’s unlawful notice policy, we should be asking whether the government has concealed in criminal prosecutions its use of other mass surveillance programs.
Let’s start with the NSA’s internet-metadata program. That program involved the NSA’s bulk collection of records about Americans’ online activity between 2001 and 2011. Under this program, the NSA vacuumed up information such as the “to” and “from” data in emails and, in all likelihood, the addresses of websites visited by Americans.
As Brett Max Kaufman and I have described elsewhere, the program has a problematic past. It was secretly authorized by President Bush in 2001 and then belatedly approved by the Foreign Intelligence Surveillance Court (FISC) in a secret opinion, recently declassified, that has been heavily criticized. In particular, the FISC found that bulk collection of Americans’ internet metadata was permissible under FISA’s pen-register and trap-and-trace provision (PR/TT). The program was reportedly discontinued in 2011 for “operational and resource reasons” — but only after the NSA had tracked Americans’ internet activity for a decade.
It doesn’t take much to imagine that, over those ten years, some of that internet data made its way into criminal investigations and prosecutions. Indeed, we know that the NSA collected huge volumes of metadata under this program, that it routinely pools its various streams of data in order to conduct “contact-chaining,” and that it often feeds tips or leads to the FBI and even the DEA.
If the internet-metadata program did contribute to criminal prosecutions, the government had a duty to tell defendants. That’s because FISA’s PR/TT provision includes a notice requirement. Notice is also a matter of basic due process, because defendants have the right to test whether the government obtained its evidence against them lawfully.
The government has never told a criminal defendant that the internet-metadata program supplied evidence for a prosecution — but, as the FAA experience makes plain, that doesn’t mean it didn’t happen. We know that for five years the government violated an identical notice provision in the FAA, adopting a self-serving interpretation of the law that allowed the government to effectively circumvent the notice provision altogether. Indeed, after learning of DOJ’s FAA notice policy, the solicitor general reportedly concluded that it “could not be justified legally.”
It seems likely that the government embraced the same flawed legal theory with respect to notice and evidence derived from the internet-metadata program. If so, then criminal defendants were almost certainly left in the dark — and were very likely convicted with the help of this evidence.
If that’s the case, those individuals went to prison without having a chance to test the legality of the government’s bulk collection of their internet records — a program that, from its inception, stood on precarious legal ground. Any failure to provide notice would have been a violation of those defendants’ due process rights, calling their convictions into question. Let’s hope their cases are part of the Attorney General’s ongoing review.

As Congress Drags its Feet, States Step Up to Legislate Against NSA Spying
By Noel Brinkerhoff | AllGov | February 5, 2014
Dissatisfied with President Barack Obama’s reforms for the National Security Agency (NSA) and Congress’ lack of progress on the same front, state lawmakers across the country are introducing legislation to limit the spy agency’s snooping on Americans.
To date, a dozen states ranging from Alaska to Mississippi are considering bills to limit their state’s involvement with NSA surveillance programs.
The effort began in Arizona, where State Senator Kelli Ward, a tea party Republican, became the first legislator in the U.S. to offer up ways to curb NSA activity at the state level.
Her bill, SB 1156 (pdf), would prohibit local and state law enforcement from cooperating with the NSA. It also would bar state or local prosecutors from using NSA intelligence that had not been obtained with a warrant, and cut funding to state universities supporting the NSA with research or recruitment.
Ward’s actions inspired legislators in other states, who introduced their own anti-NSA plans.
“If the feds aren’t going to address the issue, then it’s up to the states to do it,” David Taylor, a Republican in the Washington state House of Representatives whose Yakima Valley district hosts an NSA listening post, told Mother Jones.
His measure, which enjoys Democratic support, would cut off “material support, participation or assistance” from the state and its contractors to any federal agency that collects data or metadata on people without a warrant.
Last month in California, state lawmakers introduced the Fourth Amendment Protection Act (pdf), which would ban state officials from assisting the federal government in warrantless collection of metadata on Americans. The same has been done in Alaska, with one bill proposed in the House, and another in the Senate.
It remains to be seen whether these measures, if they become law, will stand up to a likely court challenge by the federal government.
Erwin Chemerinsky, dean of UC Irvine’s School of Law and a constitutional scholar, says the Arizona plan would likely be struck down because the state is trying to regulate the federal government.
“The question here is going to be to what extent is the state interfering with the achievement of the federal objective? To what extent is the state regulating the federal government’s activities?” he told the Los Angeles Times. “However well-intentioned it is, most would be preempted by federal law…. The law is clear that states can’t regulate the federal government.”
States have a right to regulate activity within its borders, counters Michael Boldin, executive director of the Tenth Amendment Center, which provides states legislatures with model language for such bills. “If enough people in enough states say they are not going to participate in this, it will stop them from doing what they are doing,” he told the Times regarding the NSA. “It’s going to box them in a corner and be more difficult for them to pull things off.”
To Learn More:
Arizona Legislator Pushes Bill to Combat NSA Surveillance (by Cindy Carcamo, Los Angeles Times)
Legislators in 6 States Want to Pull the Plug on NSA Spying—Some Literally (by Josh Harkinson, Mother Jones)
California, Other States, Weighing Anti-NSA Bills (by Jacob Gershman, Wall Street Journal)
Alaska Legislation Takes Aim at Warrantless Spying by NSA, Other Federal Agencies (OffNow)
Haphazard Police Spying Across U.S. Puts Americans’ Civil Liberties in Jeopardy (by Noel Brinkerhoff, AllGov)
Senate Committee Approves Continued Bulk Spying on Americans (by Noel Brinkerhoff, AllGov)
Did Campaign Contributions Influence Representatives who Voted in Favor of NSA Phone Spying? (by Matt Bewig, AllGov)
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NSA spying fallout: Brazil-US talks fail
BRICS Post | January 31, 2014
Brazil on Thursday said the US has not been able to satisfactorily answer the spying charges or eke out a “permanent solution” to restore bilateral ties damaged by the revelations.
Brazilian Foreign Minister Luiz Alberto Figueiredo met Thursday with US National Security Advisor Susan Rice in Washington.
According to a report by the Brazilian daily O Globo, the talks failed to resolve the matter.
The Brazilian Minister said his meeting with Rice did not signify a permanent solution to the tension between the two countries, created by reports of massive US government snooping amid continued revelations based on documents leaked by the former NSA contractor Edward Snowden.
“A conversation at this level will not lead to an improvement in relations,” Figueiredo said, stressing, however, that the dialogue between the two sides will continue.
During the talks, Rice presented the US government’s defense of its espionage scheme, said Figueiredo, adding those explanations now need to be relayed to President Dilma Rousseff. The Brazilian President had earlier canceled a state visit to the US after the spying charges were first reported.
America has failed to provide clarifications that the Brazilian government required, Figueiredo added.
Bilateral ties were hit after leaked NSA files revealed the US intelligence agency intercepted Brazilian communications and spied on Rousseff and her aides and on the state-owned Petrobras, the largest company in Brazil and one of the 30 biggest businesses in the world.
Rousseff had earlier said the US spying program was “economic espionage”. In November last year, the “right to privacy” resolution, drafted by Brazil and Germany, was passed by the UN rights committee.
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