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When Will the Government Officially Correct the False Claims It Made to the Supreme Court About NSA Surveillance?

By Trevor Timm | EFF | October 22, 2013

We’ve documented again and again how the government has refused to tell the truth about NSA surveillance to news organizations, Congress, and the American public. Now it seems clear we can add the Supreme Court to that list.

First, it’s important to remember that just months before Edward Snowden became a household name, the ACLU was before the Supreme Court challenging the FISA Amendments Act—a key pillar designed to justify much of the NSA’s surveillance. The ACLU argued that since their clients—journalists, advocates, and lawyers—were the prime candidates to be subject to this surveillance, the clients should be able to challenge the law as unconstitutional.

Unfortunately, the government successfully convinced the Court that the case should be thrown out on procedural grounds. The Court ruled the ACLU’s clients didn’t have “standing.” Essentially, because they had no definitive proof they were being spied on, so couldn’t challenge the law.

At the time, many thought this reasoning was absurd, including four dissenting Supreme Court Justices. Given the law’s incredibly broad reach, of course surveillance was occurring. “Perhaps, despite pouring rain, the streets will remain dry,” quipped Justice Breyer.

So in order to convince the Supreme Court to throw out the ACLU’s challenge, the government smartly argued someone could have standing to challenge the law.  Otherwise, it may have seemed absurd to at least one more Justice, and the case might have gone the other way.

Solicitor General Donald Verrilli told the Court any defendant charged with a crime would be officially notified if they were subject to NSA surveillance and then someone could challenge it—an actual target. Prosecutors, according to the government, just hadn’t used FISA evidence yet in any court case.

Turned out, that wasn’t true.

As the New York Times reported last week, “Mr. Verrilli’s assurances clashed with the practices of national security prosecutors, who had not been alerting such defendants that evidence in their cases had stemmed from wiretapping their conversations without a warrant.”

In other words, the argument the Solicitor General used to convince the Supreme Court to dismiss a challenge to the FISA Amendments Act was false, and the Solicitor General deceived the Supreme Court, though perhaps not wittingly. When Verrilli confronted the Justice Department’s national security lawyers who briefed him for his argument, they explained away this false statement as “a misunderstanding,” according to the New York Times.

The Solicitor General has apparently convinced the Justice Department to change its policy and they now claim they will start notifying defendants. If the Justice Department follows through, this move should have implications across the board and will be a welcome shift.

Remember, just a few weeks ago Reuters reported that the Drug Enforcement Administration (DEA) was receiving tips from the NSA, distributing them to local law enforcement, and then covering them up by then obtaining the same evidence under different pretenses. As we explained at the time, this not only violates the Fourth Amendment, but the Fifth and Sixth Amendments as well, which guarantee defendants a meaningful opportunity to present a defense and challenge the government’s case.

There’s also the enormous “Hemisphere” phone surveillance program, first revealed by the New York Times in August, which the DEA carries out in partnership with the AT&T. EFF just filed an amicus brief in a San Francisco case that looks suspiciously like Hemisphere surveillance was going on as well.

It’s too early to tell if the Justice Department is going to follow through on its promise to tell the truth about spying in criminal cases. Thankfully, the ACLU has sued under the Freedom of Information Act to find out the Justice Department official policies on notifying defendants of NSA surveillance.

This is only a start.  Informing criminal defendants of warrantless wiretaps only exposes illegal spying on a small few, and the Justice Department has made no promises to inform the millions of ordinary American’s caught up in the NSA dragnet. But it’s an important step forward, and could lead to a court to rule on the legality of the program.

ACLU deputy legal director Jameel Jaffer has also called on the Solicitor General to file a formal acknowledgement with the Court that the government’s policy was misrepresented to the justices during arguments. As Jaffer explains, there is ample precedent for the government to do so in situations similar to this.

It’s important for the Court to know that the government has not been honest with them, as the Court considers other representations about secret programs. Unfortunately, this is not the only time the government has provided false and misleading information to a court.

The culture of misinformation around the NSA has to stop. EFF also calls on the Solicitor General to formally acknowledge to the Court its misrepresentations and promptly tell every defendant that was subject to NSA surveillance so they can challenge the unconstitutional laws behind it.

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

‘Unacceptable and shocking’: France demands explanation for NSA spying

RT |October 21, 2013

France has called for an explanation for the “unacceptable” and “shocking” reports of NSA spying on French citizens. Leaked documents revealed the spy agency records millions of phone calls and monitors politicians and high-profile business people.

The US Ambassador to France Charles Rivkin was summoned by the French Foreign Ministry to account for the espionage allegations on Monday morning.

“I have immediately summoned the US ambassador and he will be received this morning at the Quai d’Orsay [the French Foreign Ministry],” French Foreign Minister Laurent Fabius told press. He added that “we must quickly assure that these practices aren’t repeated.”

In addition, citing the report on French publication Le Monde, Interior Minister Manuel Valls spoke out on national television against US spy practices.

“The revelations in Le Monde are shocking and demand adequate explanations from the American authorities in the coming hours,” said Valls on television channel Europe 1.

He went on to say that it is totally unacceptable for an allied country to spy on France.

Ambassador Rivkin refrained from commenting on the spy allegations on Monday morning and told Reuters that French-US ties are the “best they have been for a generation.”

Le Monde revealed in a report based on the security leaks of former CIA worker Edward Snowden that the NSA recorded 70.3 million phone calls between December 10, 2012, and January 8, 2013.

The NSA reportedly carries out its espionage in France using a program called ‘US-985D’ which is able to listen in on specific telephone calls and pick up on text messages according to key words used.

Moreover, Le Monde also wrote that it had reason to believe that the spying was not just limited to citizens suspected of being involved in terrorism. According to the data released by Snowden the NSA also eavesdropped on politicians and prominent business figures.

The newspaper did not give any indications as to the identity of the high-profile people.

France is not the only EU nation to be targeted by NSA surveillance. Germany took issue with the US government after it was revealed the NSA was tapping phone lines and recording electronic data in the country.

The EU will take steps to curtail US data mining on Monday in a vote to change data protection rules. The European Parliament’s Committee on Civil Liberties is expected to decide on the issue that would authorize fines for violation of EU data protection.

‘Investment benefits’

The US maintains that its spying activities are in the interests of national security and protect against terrorism. However, Snowden leaks released by Guardian reporter Glenn Greenwald showed the NSA had monitored Brazilian state-owned oil giant Petrobras and infiltrated the electronic communications of the Brazilian and Mexican presidents.

Mexico has also demanded an explanation for reports released by Der Spiegel on extensive spying on Mexican top officials and politicians.

Der Spiegal revealed that former President Felipe Calderon had also been a target for NSA espionage. Citing a classified internal report, it said the US monitors “diplomatic, economic and leadership communications which continue to provide insight into Mexico’s political system and internal stability.”

October 21, 2013 Posted by | Civil Liberties, Corruption, Deception, Economics, Full Spectrum Dominance | , , , , , , , , , , , | Leave a comment

NSA leaks: Years of spying on Mexico govt gave US investment benefits

RT | October 20, 2013

US electronic surveillance in Mexico reportedly targeted top officials, including both current and previous presidents. Intelligence produced by the NSA helped Americans get an upper hand in diplomatic talks and find good investment opportunities.

The US National Security Agency was apparently very happy with its successes in America’s southern neighbor, according to classified documents leaked by Edwards Snowden and analyzed by the German magazine, Der Spiegel. It reports on new details of the spying on the Mexican government, which dates back at least several years.

The fact that Mexican President Peña Nieto is of interest to the NSA was revealed earlier by Brazilian TV Globo, which also had access to the documents provided by Snowden. Spiegel says his predecessor Felipe Calderon was a target too, and the Americans hacked into his public email back in May 2010.

The access to Calderon electronic exchanges gave the US spies “diplomatic, economic and leadership communications which continue to provide insight into Mexico’s political system and internal stability,” the magazine cites an NSA top secret internal report as saying. The operation to hack into the presidential email account was dubbed “Flatliquid” by the American e-spooks.

The bitter irony of the situation is that Calderon during his term in office worked more closely with Washington than any other Mexican president before him. In 2007 he even authorized the creation of a secret facility for electronic surveillance, according to a July publication in the Mexican newspaper, Excelsior.

The surveillance on President Nieto started when he was campaigning for office in the early summer of 2012, the report goes on. The NSA targeted his phone and the phones of nine of his close associates to build a map of their regular contacts. From then it closely monitored those individuals’ phones as well, intercepting 85,489 text messages, including those sent by Nieto.

After the Globo TV report, which mentioned spying on Mexico only in passing, Nieto stated that US President Barack Obama had promised him that he would investigate the accusations and punish those responsible of any misconduct. The reaction was far milder than that from Brazilian President Dilma Rouseff, another target of NSA’s intensive interest, who has since canceled a planned trip to the US and delivered a withering speech at the UN General Assembly, which condemned American electronic surveillance.

Another NSA operation in Mexico dubbed “Whitetamale” allowed the agency to gain access to emails of high-ranking officials in country’s Public Security Secretariat, a law enforcement body that combats drug cartels and human trafficking rings. The hacking, which happened in August 2009, gave the US information about Mexican crime fighting, but also provided access to “diplomatic talking-points,” an internal NSA document says.

In a single year, this operation produced 260 classified reports that facilitated talks on political issues and helped the Americans plan international investments.

“These TAO [Tailored Access Operations – an NSA division that handles missions like hacking presidential emails] accesses into several Mexican government agencies are just the beginning – we intend to go much further against this important target,” the document reads. It praises the operation as a “tremendous success” and states that the divisions responsible for this surveillance are “poised for future successes.”

Economic espionage is a motive for NSA spying, which the agency vocally denied, but which appears in the previous leaks. The agency had spied on the Brazilian oil giant, Petrobras, according to earlier revelations. This combined with reports that the NSA hacked into the email of Brazilian President Dilma Rouseff, triggered a serious deterioration of relations between the two countries.

While the NSA declined comment to the German magazine, the Mexican Foreign Ministry replied with an email, which condemned any form of espionage on Mexican citizens. The NSA presumably could read that email at the same time as the journalists, Der Spiegel joked.

October 20, 2013 Posted by | Corruption, Deception, Economics, Full Spectrum Dominance, Timeless or most popular | , , , , , , , , , | 1 Comment

NSA practices cannot be excused as ‘fighting terrorism’

RT | October 16, 2013

The NSA has attacked key European institutions such as the EU parliament and banking system, using malware to find out all there is to know about other countries in a power game, Andy Mueller-Moguhn, founder of Buggedplannet.info, tells RT.

He says that in a world where so many communications go over the web we all have something to protect rather than something to hide, as proponents of mass surveillance often argue.

RT: No matter what precautions companies take or measures to protect the privacy of subscribers isn’t the agency [NSA] capable of bypassing all these routes?

Andy Mueller-Moguhn: I would say it like this; unfortunately in Germany we have a situation that the trustworthiness or our foreign and interior intelligence service watching their high level of cooperation with the NSA and GCHQ does not make them trustworthy at all.  If they can intercept the stuff, they might hand it over in a bargain to the Americans, which is not helpful.

So this means that what is to be done, is to ensure on whatever level in whatever country that encryption for the end user is becoming available like easy to use and as a standard tool, because you send your postal letters in an envelope so should you do with your emails.

RT: Let’s look at the situation from both sides. On the one hand we have the privacy of citizens that has of course to be respected, but on the other hand there are some companies who are fighting hard to protect their privacy. Doesn’t that give us a cause for concern, that they have something to hide, some skeletons in the closet as they say?

AMM: The point is that we have seen that installations of the United States National Security Agency, attacking also carriers in Europe, as we’ve seen with things that have nothing to do with terrorism or with fighting terrorism. They have a lot to do with power games or with knowing everything about other countries, about business, about embassies, about other country’s governments as we also see with the Brazilian presidential interception.

So obviously the thing that you have nothing to hide is totally wrong in the case that everybody has something to protect and in the days where everything, cultural, economic, political, things go over the internet and advance knowledge of a political decision, which can have for example an impact on stock rates, on currencies, on country’s reputations and so on. This is worth a lot of money and we have not really come to the bottom, we have seen a big part of this NSA approach, we have seen a lot of money, a lot of effort internationally to intercept all communications, but we have not yet come to the question, who is the customer, in the sense who are the guys ordering this, getting the product and using that.

That it is still a very interesting question where we come to monetary, political and other influences being taken with blackmailing, with greymailing, with advanced knowledge about what other people think, act and do.

RT: You mentioned an interesting point here saying that it’s not the point whether we have something to hide, but it’s what we have to protect. In that case what’s your take on the role of America as a global policeman? Does it have any moral authority to conduct global surveillance?

AMM: The point is that we have seen attacks, not passive interception but buggedplannet.info was subject to an attack in the sense that there was malware installed in the system, there were exploits used, the NSA literally took control over the network. This cannot be excused with fighting terrorism at all. This obviously was targeting the European parliament, it was targeting the European airspace control, it was targeting the SWIFT network or the banking network, so obviously there is no moral excuse here in terms of this being to do with fighting terrorism or ensuring security. This is about the global interest of the United States against other European and other peaceful acting countries and democratic organized entities.

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

The Banning of Ilija Trojanow

Obama Administration Forbids NSA-Critical Novelist Entry to USA

By GREGORY BARRETT | CounterPunch | October 15, 2013

On September 30th, as he was about to fly from Brazil to Denver, Colorado, where he had been invited to attend and address a German Studies conference, the German novelist Ilija Trojanow (pronounced “llya Troyanov”) was informed that he would not be allowed to board the flight on which he was booked.

He was told, after some 45 minutes of waiting while his passport and various computer screens were examined, that his case was “special” and that no further explanation was available. To this date, none has been offered.

But the explanation was and is obvious to anyone aware of Mr. Trojanow’s recent political history, in the context of the Obama administration’s increasingly jaundiced and vehement campaign against whistleblowers and critics of its surveillance-state apparatus. Despite the President’s absurdly facile talk of “welcoming the debate” on NSA data-gobbling and Orwellian tactics, the war on internet freedom is reaching a new high point. The US government is determined to achieve full access to all digital data, and has no intention of compromising with its critics, of which internationally known intellectuals appear to represent a particularly worrisome species.

Asked how the scholars at the conference in Denver had reacted to the government’s action in blocking his entry, Trojanow said that they were “…enormously angry. A great deal of prepared work was carried out in vain. Now they want to write an open letter. It is, obviously, ironic that this should happen in connection with – of all things — an event that was intended to bring the USA and Germany together. The theme of the seminar was ‘transnationalism’”.

Less than two weeks earlier, on September 18th, an open letter to German Chancellor Angela Merkel accompanied by the signatures of 67,000 supporters — including a number of prominent literary and legal figures – had been delivered to the Chancellery in Berlin by Trojanow’s friend and fellow novelist Juli Zeh, its initiator. One of the first signatures was Trojanow’s. The two are co-authors of the book “Angriff auf die Freiheit” (“Freedom Under Attack”), published in 2010 by DTV Deutscher Taschenbuch, the subtitle of which translates to “Security Madness, Surveillance State and the Dismantling of Civil Rights.” Three years before the Snowden revelations, Mr. Trojanow, a native Bulgarian whose family fled political persecution there in the dark ages of Eastern Bloc state repression, had become a prominent critic of policies in the West that had an all-too-familiar smell. The Snowden documents and emerging NSA scandal now brought new urgency to this work.

The German Chancellor and leader of the Christian Democratic Union, who as opposition leader during the Social Democratic/Green Party coalition government,and later as Chancellor, had given George W. Bush uncritical support for his Iraq policies among many others, was staying true to form in the face of Snowden’s assertion that Germany’s intelligence services were deeply involved in the surveillance scandal. After weeks of evasion and “salami” tactics by which admissions regarding the Snowden charges were made piecemeal once they could no longer be denied; after a highly-publicized trip to Washington by her Interior Minister (analogous to Minister of Homeland Security in the USA), who was photographed at the table with top American intelligence officials, and returned to assure Germans that the US took the issue very seriously and had guaranteed him that no German laws were being broken; after an appearance by Merkel’s Minister of the Chancellery before a special investigative committee to which he had been summoned by an outraged opposition in the German Bundestag (an appearance generally assessed to have been characterized by flippant and insubstantial responses to penetrating questions regarding German complicity alleged by Snowden); after a press conference in which the Chancellor blithely declared that she “preferred to wait and see” what the truth about the allegations might be; and after declaring in a vaguely irritated tone in a TV debate with her Social Democratic challenger in the eminent election – on almost the same day that the letter and petition were presented in Berlin — that she “had no reason to mistrust the NSA,” Merkel was comfortably reelected on September 22nd despite the fact that more than two-thirds of Germans had been polled as being unsatisfied with the government’s response to the scandal. While the conservatives in Berlin and the Obama administration may have breathed a sigh of relief, someone in Washington was apparently not yet ready to forget about Trojanow’s work in the actions which had produced the following document (translated from the original German for Mr. Trojanow by myself):

Honored Madame Chancellor,

Since Edward Snowden made public the existence of the PRISM program, the media have turned their attention to the biggest wiretapping scandal in modern German history. We citizens have, through published reports, become aware that foreign intelligence services — even in the absence of any concrete grounds for suspicion – skim and record our telephone and electronic communications. Through the storage and evaluation of metadata, our contacts, friendships and relationships are apprehended. Our political positions, our “movement profiles” and, in fact, even our daily moods and emotional status are transparent to the security authorities. The “transparent man” has thus become reality.

We have no defenses. There is no means of redress or airing of grievances, no opportunity for access to the files. While our private lives are made transparent, the secret services assert a right to a maximum of opacity regarding their methods. In other words: we are experiencing an historic attack upon our democratic rule of law, namely, the reversal of the principle of a “presumption of innocence” into a millionfold general suspicion.

Madame Chancellor, you stated in your summer press conference that Germany is “not a surveillance state.” Since the Snowden revelations, however, we have no choice but to say: unfortunately, it is. In the same connection you summarized your approach to the investigation of the PRISM affair with the apt phrase: “I prefer to wait and see what happens.”

But we do not wish to wait. It is increasingly difficult to avoid the impression that this behavior by the American and British intelligence services is tacitly accepted by the German government. For that reason we ask you: is it politically desirable that the NSA conducts surveillance of German citizens in a manner that is forbidden to the German authorities by the constitution and the German Federal Constitutional (Supreme) Court? Do the German intelligence services profit from information received from the US authorities, and is that the reason for your hesitant reaction? How can it be justified that the BND (“Bundesnachrichtendienst”, federal intelligence authority) and the Verfassungsschutz (“Constitutional Protection”, federal domestic intelligence agency) deploy the NSA spy-program XKeyScore, for which there is no legal basis, in the surveillance of search engines? Is the German Federal Government in the process of taking a detour around the rule of law, instead of defending it?

We call upon you to tell the people of this nation the full truth about the electronic spying. And we want to know what the federal government proposes to do against it. You are charged by the constitution with protecting Germany’s citizens from harm. Madame Chancellor, what is your strategy?

/ Juli Zeh / Ilija Trojanow / Carolin Emcke / Friedrich von Borries /Moritz Rinke / Eva Menasse / Tanja Dückers / Norbert Niemann / Sherko Fatah / Angelina Maccarone / Michael Kumpfmüller / Tilman Spengler / Steffen Kopetzky / Sten Nadolny / Markus Orths / Sasa Stanisic / Micha Brumlik / Josef Haslinger / Simon Urban / Kristof Magnusson / Andres Veiel / Feridun Zaimoglu / Ingo Schulze / Falk Richter / Hilal Sezgin / Georg Oswald

(Translation from the German original: Gregory Barrett)

Trojanow was awarded the 2006 Prize of the Leipzig Book Fair for his adventure novel “Der Weltensammler” (“The Collector of Worlds”). He delivered the laudatory speech for the Nobel Prizewinner Herta Müller at the ceremony marking her acceptance of the Franz Werfel Human Rights Prize. In Salvador da Bahia, Brazil, he had been a guest writer at the invitation of the Goethe Institute. On October 5th he was to speak at the conference of the German Studies Association in Denver about his most recent novel “EisTau” (“Ice Thaw”). Ms. Zeh is best known to the German-speaking public as the author of several novels including “Adler und Engel” (“Eagles and Angels”), which has been translated into 31 languages, and “Nullzeit” (“Zero Hour” or “Out of Time”), but also holds impressive law degrees and has worked at the United Nations. The forum afforded the two highly-respected intellectuals in various media, from the powerful news magazine “Der Spiegel,” to the national public radio network Deutschlandradio, to popular national television talk shows may well be making the Merkel government nervous about the possibility that the surveillance issue — which had appeared to be fading in the public consciousness as the Chancellor and her allies had hoped — could still catch fire with the help of the continued revelations being parceled out by Snowden, Glenn Greenwald and a growing network. Such coverage has given the German writers’ campaign a visibility seldom granted to the usual suspects on the German left.

Appeals to the German government for mediation and clarity following the US refusal to allow Mr. Trojanow’s entry into the land of the free have, predictably, been without success at this writing. The novelist himself immediately applied for a new US visa and is determined to elicit a clear statement about the grounds for the ban.

Meanwhile, Trojanow and Zeh are working on a new international appeal, with which they hope to generate broad-based resistance to the massive destruction of civil- and privacy rights worldwide represented by the NSA’s new technological might. There are links already in place to the London-based group “Index on Censorship” and many other groups including Amnesty International, Liberty, the Electronic Frontier Foundation and the Russian PEN Center. The German writer-activists hope to bring more Americans into their network as well. The signs may be auspicious, too, for legislative activity at the European level: in late September a 36-page report prepared for the European Union stated that “…Prism seems to have allowed an unprecedented scale and depth in intelligence gathering, which goes beyond counter-terrorism and beyond espionage activities carried out by liberal regimes in the past. This may lead towards an illegal form of total information awareness where data of millions of people are subject to collection and manipulation by the NSA.” It went on to point out that “…there are no privacy rights for non-Americans under Prism and related programmes” and that the US probably places “no limitations on exploiting or intruding a non-US person’s privacy.” However, those of us who have watched for many years as the European Parliament and EU Commission have taken one principled position after another against US policies, only to buckle later under pressure, are under no illusion that things will be much different this time. The stark contrast between the Merkel government’s initial protestations of concern over PRISM and other NSA programs for public consumption, and its subsequent low-to-no profile on the issue, demonstrates that below the surface, the European interest in maintaining its often obsequious posture as regards its mighty ally will once again trump other concerns in the absence of a public outcry. Ilija Trojanow and his partners, however, hope to keep the urgency of the issue alive in the international political and literary spheres.

“It is more than ironic that an author who for years has been speaking out about the dangers of surveillance and the secret state within the state should be denied entry into the ‘land of the brave and the free,’ ” writes Trojanow. “No more than a minor, individual case, to be sure: but it’s indicative of the consequences of a disastrous development and it reveals the naivety of the attitude of many citizens who comfort themselves with the mantra, ‘But it’s got nothing to do with me’. That might still be the case – however, the net is tightening. For these citizens the secret services are still just a rumor, but in the not-so-distant future the knock on the door will be very real indeed.”

Gregory Barrett is a translator and musician living in Germany.

October 15, 2013 Posted by | Civil Liberties, Corruption, Deception, Full Spectrum Dominance, Progressive Hypocrite, Timeless or most popular | , , , , , , , | Leave a comment

NSA collecting millions of contact lists

Press TV – October 15, 2013

The US National Security Agency is collecting hundreds of millions of contact lists from personal email and instant messaging accounts around the world, according to a new report.

Many of the contacts belong to American citizens, The Washington Post reports, citing senior intelligence officials and documents provided by former NSA contractor Edward Snowden.

According to the report, the super spy agency intercepts millions of email address books every day from private accounts on Yahoo, Gmail, Facebook, and Hotmail that move through global data links. The agency also collects a half million buddy lists from live chat services and email accounts.

It is the latest revelation of the NSA’s practices to be disclosed by Snowden, who lives in Russia, where he has been granted temporary asylum. The leaker is wanted in the US for espionage charges.

NSA’s analysts of the collected data can search for hidden connections and map relationships within a much smaller universe of foreign intelligence targets, according to the report.

“The collection depends on secret arrangements with foreign telecommunications companies or allied intelligence services in control of facilities that direct traffic along the Internet’s main data routes,” it says.

Although the collection takes place overseas, the NSA sweeps in the contacts of many Americans too. The agency collects as many as 250 million contacts per year, many them US citizens.

The NSA’s collection of all US call records has already generated controversy in the country since the agency’s program was first revealed in June. NSA officials have defended bulk collection as an essential tool to counter terrorism.

October 15, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , | Leave a comment

Not one byte! German telecom giant plans to rout foreign spooks

RT | October 14, 2013

Germany’s largest telecom provider, Deutsche Telekom, is looking to introduce a “national routing” service which would keep German internet traffic out of the hands of foreign spies.

The former state-owned communications giant outlined the plans at a secret meeting in the Economy Ministry, business weekly Wirtschaftswoche reported.

Currently, email data is exchanged between users worldwide via international Internet exchange points; physical structures through which Internet service providers (ISPs) exchange Internet traffic between their networks.

The company hopes to hammer out an agreement with other national Internet providers which would guarantee that “while being transported from the sender to the receiver in Germany… no single byte leaves Germany,” Thomas Kremer, a board member of Telekom’s data privacy, legal affairs and compliance, told the magazine.

To put the plan into effect, Deutsche Telekom must secure the support of all its competitors, including Telefonica and Vodafone.

While Vodafone and Telefonica are currently mulling the initiative, another competitor – Internet service provider QSC – has questioned the efficacy of the plan, saying it was not possible to determine with certainty whether data is being routed nationally or internationally.

“In a next step, this initiative could be expanded to the Schengen area,” the spokesman said, referring to the group of 26 European countries – excluding Britain – that have removed border controls for participating countries.

Deutsche Telekom first began leading the charge for to protect its users’ privacy from foreign intelligence agencies in August when they rolled out ‘Email Made in Germany’, an encrypted email service that only uses German servers to process and store all domestic email traffic.

The move followed revelations that the US National Security Agency (NSA) collects 500 million pieces of phone and email metadata from Germany each month — more than in any other EU country.

“Germans are deeply unsettled by the latest reports on the potential interception of communication data,” said Rene Obermann, head of Deutsche Telekom.

“Now, they can bank on the fact that their personal data online is as secure as it possibly can be.”

Experts do not believe the move will stop governments from getting their hands on information, although it might complicate efforts to do so.

“Of course the NSA could still break in if they wanted to, but the mass encryption of emails would make it harder and more expensive for them to do so,” Sandro Gaycken, a professor of cyber security at Berlin’s Free University, said when the idea was first proposed.

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

NSA Claims It Doesn’t Do Online Attacks; That’s A Different Organization… Run By The NSA

By Mike Masnick | Techdirt | October 14, 2013

There are times you just shake your head and wonder who the NSA top officials think they’re kidding with their statements. Take, for example, some recent comments from the NSA’s number two guy in charge, Chris Inglis, the Deputy Director, who gave an interview to the BBC where he tried to paint the NSA as not being quite as bad as everyone says, but admitted that there could be more transparency. That’s all the usual stuff, but the following tidbit caught my eye:

The job of the NSA, Mr Inglis said, was to exploit networks to collect intelligence in cyberspace and to defend certain networks – but not carry out destructive acts.

“NSA had a responsibility from way back, from our earliest days, to both break codes and make codes,” he said. “We have a responsibility to do intelligence in a space we once called the telecommunications arena – now cyberspace – and the responsibility to make codes or to defend signals communications of interest.

“That’s different than what most people conceive as offence or attack in this space.”

That task of destructive cyber attack, if ordered, lies with the US military’s rapidly expanding Cyber Command.

Except, as we’ve noted more than a few times, US Cyber Command is the NSA. It’s run by Keith Alexander, the director of the NSA, and it’s housed in the same place as the NSA. For all intents and purposes, US Cyber Command is the NSA, and Alexander has no problem at all swapping hats depending on what’s most convenient. He regularly tries to talk about “protecting the network” when it suits him, ignoring that the same efforts he’s looking at (greater access to corporate networks) would also make it much easier for the NSA and US Cyber Command to launch offensive attacks — which Snowden’s leaks proved the NSA did hundreds of times.

Pretending the two are different, and that the NSA only focuses on “breaking codes and making codes” is yet another bogus claim from an NSA official, adding to a very long list.

October 14, 2013 Posted by | Deception, Full Spectrum Dominance | , , , , , , | 1 Comment

Luxembourg NSA dragnet hauls in Skype for investigation – report

RT | October 12, 2013

Once heralded as a communication tool free from eavesdropping, Skype is now reportedly under scrutiny for secretly and voluntarily handing over personal data on users to government agencies.

The Microsoft-owned instant-messaging site, used by some 600 million people worldwide, is being probed by Luxembourg’s data protection commissioner over concerns about its secret cooperation with the US National Security Agency’s Prism spying program, according to a report in the Guardian, the UK newspaper that first broke the story on NSA whistleblower Edward Snowden.

Skype, believed to be the first Internet company among many to be brought within the NSA program, could potentially face criminal and administrative charges, as well as hefty fines if it is found to be in violation of Luxembourg’s data protection laws.

If found guilty, Skype [could] be banned from passing along user data to the US spy agency, the newspaper reported.

The Luxembourg commissioner initiated an investigation into Skype’s privacy policies following revelations in June about its ties to the NSA, the Guardian said. No additional comments were immediately available.

Microsoft’s purchase of Skype for $8.5 billion in 2011 “tripled some types of data flow to the NSA,” the Guardian said, citing secret documents in its possession.

But even before the Microsoft buyout, Skype had initiated its own secret program, dubbed Project Chess, which sought ways of making customer communications “readily available to intelligence agencies and law enforcement officials,” The New York Times reported.

According to the NSA files shown by Snowden to the Guardian, Skype was served with a directive to comply with an NSA surveillance request signed by US Attorney General Eric Holder in February 2011. Several days later, the NSA had successfully monitored its first Skype transmission.

Skype, founded in Estonia in 2003 and now headquartered in Luxembourg, is facing a public backlash in the wake of the Prism disclosures.

“The only people who lose are users,” Eric King, head of research at human rights group Privacy International, said in comments to the Guardian. “Skype promoted itself as a fantastic tool for secure communications around the world, but quickly caved to government pressure and can no longer be trusted to protect user privacy.”

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

Beware of Poison Pill Spying Reform

By Robyn Greene | ACLU | October 10, 2013

In the wake of revelations over the last few months about massive NSA surveillance programs that violate the privacy of millions of innocent Americans, members of the congressional Intelligence Committees have begun to draft legislation that they say will reform these authorities. There’s just one problem – unlike reform bills proposed by other members of Congress, the Intelligence Committees’ bills might do more to entrench domestic surveillance programs than rein them in.

At a Senate Intelligence Committee hearing last month, Sen. Dianne Feinstein (D-Calif.) described her proposals, and one thing is clear: they won’t fix anything. In fact, they may even make government surveillance worse. They include:

These changes would represent significant expansions of the NSA’s domestic surveillance authorities under Section 702 of the FISA Amendments Act, an already overly broad law that authorizes the suspicionless surveillance and collection of millions of Americans’ communications, including the contents of their emails.

Sen. Feinstein’s proposal also wouldn’t reform the bulk collection of Americans’ call records but actually put Congress’s stamp of approval on the unconstitutional and indiscriminate surveillance program. Her tweak to the program includes:

The purpose of this reform, according to Sen. Feinstein, is “to change but preserve [the] program.” She is clear that she has no intention to fix the law or to rein in the dragnet collection of Americans’ call records. These changes would merely limit who can access the records and would codify the requirement that there be a “reasonable articulable suspicion that a phone number is associated with terrorism in order to query it.” This does not limit the current “3 hops” rule that may be sweeping up millions of additional Americans’ numbers into NSA databases or add any additional privacy protections.

To be fair, Sen. Feinstein’s proposals do include reporting requirements, such as making public the number of phone numbers queried by the NSA each year, and accountability measures, such as Senate confirmation of the director of the NSA. While these proposals for increased transparency and oversight would be important additions to these surveillance programs, they do not fix them. They do not stop the NSA’s mass surveillance of millions of innocent Americans.

As Congress considers the two dozen bills that have been introduced so far, it should ensure that, at a minimum, reforms include:

  • Ending bulk collection of Americans’ information under Section 215 of the Patriot Act;
  • Prohibiting suspicionless, dragnet collection of Americans’ communications under Section 702 of the FISA Amendments Act;
  • Increasing transparency of domestic surveillance programs with public reporting by the government and private sector, and limiting the issuance of gag orders associated with national security informational requests; and
  • Allowing public judicial review of the NSA’s sweeping surveillance programs.

The good news is that dozens of members of Congress – like Sen. Patrick Leahy (D-Vt.), Sen. Ron Wyden (D-Ore.), and Rep. Jim Sensenbrenner (R-Wis.) – are already hard at work to pass fixes that would take big steps toward reining in the NSA’s domestic surveillance programs. And don’t forget that Rep. Justin Amash (R-Mich.) got the House within 7 votes of defunding the bulk call records collection program altogether this summer. The momentum for reform is strong.

Despite this, Feinstein and some of her colleagues in the Senate and House Intelligence Committees are working on a proposal that would expand the NSA’s domestic surveillance authorities. In just a few short hours, the Senate Intelligence Committee will mark it up in secret, without even publicly releasing the initial draft language.

Americans are tired of excessive surveillance and secrecy. It’s time for Congress to legislate on these programs in the daylight and to pass real reforms.

October 10, 2013 Posted by | Civil Liberties, Deception, Full Spectrum Dominance | , , , , | Leave a comment

NSA’s vast new Utah data hub suffering from ‘meltdowns’ – report

RT | October 8, 2013

Though the NSA’s vast data storage facility in Utah is now hardly a secret, new information has surfaced indicating widespread technical failures delaying its opening, including 10 “meltdowns” within the past 13 months.

The Pentagon’s facility, located in Bluffdale, which lies south of Salt Lake City, is being built to house a gargantuan quantity of data harvested, presumably, by many of the NSA’s surveillance programs now made public by former intelligence contractor Edward Snowden.

Estimates of the facility’s capacity, which is classified, ranges from exabytes or zettabytes, reports the Wall Street Journal. An exabyte being equivalent to 100,000 times the size of printed material held by the Library of Congress, while a zettabyte is 1,000 times that amount.

A new report compiled through project documents and information provided to the WSJ by officials cite a number of electrical surges — called “arc fault failures” — which over the past 13 months have destroyed hundreds of thousands of dollars’ worth of equipment, and delayed the facility from going active for a year.

According to one official, such arc fault failures can resemble “a flash of lightning inside a 2-foot box” and can melt metal and destroy circuitry.

Speculation as to whether the NSA’s facility in Utah is already active has been rampant, and indications are that its equipment is being slowly brought online as it becomes available, rather than in one dramatic on-switch moment.

“We turn each machine on as it is installed, and the facility is ready for that installation to begin,” NSA spokeswoman Vanee Vines told the Salt Lake City Tribune in late September.

The $1.5 billion facility is estimated to be not only the NSA’s largest data center, but the largest in the world, with some 1 million square feet of space. Engineers have said the center will dwarf even Google’s largest data hub.

Special teams from the Army Corps of Engineers have been assigned to investigate the electrical issues at the Utah center. The most recent arc failure according to the WSJ seems to have occurred on September 25, causing $100,000 in damage. The first such reported failure is thought to have taken place on August 9 of last year.

So far the information available indicates that the reason for the technical failures remains in dispute. A statement issued by a consortium of private contractors currently working on site eluded to the sheer complexity of the data warehouse as the culprit.

“Problems were discovered with certain parts of the unique and highly complex electrical system. The causes of those problems have been determined and a permanent fix is being implemented,” said the firms.

According to various reports, including the latest by the WSJ, the Bluffdale site was chosen by the NSA owing to its affordable electricity. The data hub will consume some 65 megawatts of energy at a cost of $1 million per month.

Beyond its logistical hurdles, the NSA’s data hub will also open amidst heightened scrutiny. Lawmakers including Senator Ron Wyden, a member of the Senate Intelligence Committee who recently questioned whether the NSA has also been harvesting geo-location data, have expressed a need to lay out just how the NSA will justify the collection of an increasingly dramatic amount of data.

“There is no question there is going to be increased scrutiny of these kinds of practices,” said Wyden, “because Americans understand this is a dangerous time, but the government, if it’s going to collect [this information], ought to have to say here’s how it contributes to security of the American people. They have not made that case.”

Only a week prior to Edward Snowden’s first batch of published leaks, the massive Utah center had been billed by the agency’s Deputy Director, John Inglis, as only one additional working part of the country’s national security apparatus.

“They shouldn’t be worried because, A, we’re Americans,” Inglis said. “We understand what the principles are that govern the nation; [and] B, we take an oath to the Constitution, and we take that very seriously.”

October 8, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | 1 Comment

Polls Continue to Show Majority of Americans Against NSA Spying

By Mark M. Jaycox | EFF | October 7, 2013

Shortly after the June leaks, numerous polls asked the American people if they approved or disapproved of the NSA spying, which includes collecting telephone records using Section 215 of the Patriot Act and collecting phone calls and emails using Section 702 of the Foreign Intelligence Surveillance Act. The answer then was a resounding no, and new polls released in August and September clearly show Americans’ increasing concern about privacy has continued.

Since July, many of the polls not only confirm the American people think the NSA’s actions violates their privacy, but think the surveillance should be stopped. For instance in an AP poll, nearly 60 percent of Americans said they oppose the NSA collecting data about their telephone and Internet usage. In another national poll by the Washington Post and ABC News, 74 percent of respondents said the NSA’s spying intrudes on their privacy rights. This majority should come as no surprise, as we’ve seen a sea change in opinion polls on privacy since the Edward Snowden revelations started in June.

What’s also important is that it crosses political party lines. The Washington Post/ABC News poll found 70 percent of Democrats and 77 percent of Republicans believe the NSA’s spying programs intrude on their privacy rights. This change is significant, showing that privacy is a bipartisan issue. In 2006, a similar question found only 50 percent of Republicans thought the government intruded on their privacy rights.

Americans also continue their skepticism of the federal government and its inability to conduct proper oversight. In a recent poll, Rasmusson—though sometimes known for push polling—revealed that there’s been a 30 percent increase in people who believe it is now more likely that the government will monitor their phone calls. Maybe even more significant is that this skepticism carries over into whether or not Americans believe the government’s claim that it “robustly oversees” the NSA’s programs. In a Huffpost/You Gov poll, 53 percent of respondents said they think “the federal courts and rules put in place by Congress” do not provide “adequate oversight.” Only 18 percent of people agreed with the statement.

Americans seem to be waking up from its surveillance state slumber as the leaks around the illegal and unconstitutional NSA spying continue. The anger Americans—especially younger Americans—have around the NSA spying is starting to show. President Obama has seen a 14-point swing in his approval and disapproval rating among voters aged 18-29 after the NSA spying disclosures.

These recent polls confirm that Americans are not only concerned with the fact that the spying infringes their privacy, but also that they want the spying to stop. And this is even more so for younger Americans. Now is the time for Congress to act: click here now to join the StopWatching.Us coalition.

October 7, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , | Leave a comment