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Thank you, Barack Obama November 10, 2016

Posted by rogerhollander in 2016 election, Barack Obama, Civil Liberties, Climate Change, Criminal Justice, donald trump, Immigration, Media, Nazi / Fascist, Racism, Surveillance, Surveillance State, Trump, War.
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Roger’s note: the Obama presidency has been lethal to so many social movements, perhaps none more so than the anti-war movement.  Because he is a Democrat, and because the Democrats are the good guys (that’s a joke), he was to be trusted and supported.  Shit, they gave him the Nobel Peace Prize!  Like the Clintons, Obama has been and is little more than a mildly sugar-coated shill for the military industrial complex.  Because of the institutions of “security” and oppression that his presidency has strengthened and emboldened, the cost in life and liberty of the police-state violence against the massive resistance the is bound to erupt against Trump will be that much greater.

Good people have no reason to be thankful for Obama, but the Trump abominations certainly do.

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The Vindication of Edward Snowden May 12, 2015

Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Surveillance, Surveillance State, Whistle-blowing.
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Roger’s note: I suppose, at least in theory, there may be a justification for a “state secrets” doctrine.  I could picture an extreme circumstance where the democratic right of the people and their representatives to know could be trumped because making information public could aid and abet an enemy in an imminently dangerous way.  Nevertheless, that doctrine has been used and abused over and over again to evade accountability; and I am not aware of a single case where it was used to avoid an actual danger.

But with respect to “legality,” I have often referred to a speech given many years ago by the notable civil liberties lawyer William Kunstler, which showed how some of the most noteworthy crimes in history — from the executions of Socrates and Jesus to the Nazi Holocaust — have been perpetrated under the color of “the Law.”  My point is that men (sic) make the laws and the victors write the history.  Take the issue under consideration in the following article, Snowden’s uncovering of NSA bulk surveillance.  A federal appeals court says it is illegal.  This will be appealed to the Supreme Court, which could well reverse with the result that was illegal one day becomes legal the next.

The Law and the judicial system are sacred and not to be taken lightly.  But in the final analysis, it comes down who holds political and economic and military power.  And in our world today those who own and operate monopoly capitalism are in the driver’s seat.  Justice will not come about until they are dislodged.

 

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A federal appeals court has ruled that one of the NSA programs he exposed was illegal.
Mark Blinch / Reuters

 

Conor Friedersdorf  May 11, 2015  http://www.theatlantic.com

Edward Snowden’s most famous leak has just been vindicated. Since June 2013, when he revealed that the telephone calls of Americans are being logged en masse, his critics have charged that he took it upon himself to expose a lawful secret. They insisted that Congress authorized the phone dragnet when it passed the U.S.A. Patriot Act, citing Section 215, a part of the law that pertains to business records.

That claim was always suspect. The text of the law does not seem to authorize mass surveillance. A primary author and longtime champion of the law avows that Congress never intended to authorize the phone dragnet. And nothing like it was ever discussed during an extensive, controversy-filled debate about its provisions.

Now the wrongheadedness of the national-security state’s position has been confirmed.

A panel of judges on the Second Circuit Court of Appeals ruled last week that the program Snowden exposed was never legal. The Patriot Act does not authorize it, contrary to the claims of George W. Bush, Barack Obama, Michael Hayden, Keith Alexander, and James Clapper. “Statutes to which the government points have never been interpreted to authorize anything approaching the breadth of the sweeping surveillance at issue here,” Judge Gerard E. Lynch declared. “The sheer volume of information sought is staggering.”

Other conclusions reached by the three-judge panel include the following:

“The interpretation that the government asks us to adopt defies any limiting principle.”
“We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.There is no evidence of such a debate …”
“Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware … only a limited subset of members of Congress had a comprehensive understanding of the program…”
“Finding the government’s interpretation of the statute to have been ‘legislatively ratified’ under these circumstances would ignore reality.”

Consider what this means.

Telling the public about the phone dragnet didn’t expose a legitimate state secret. It exposed a violation of the constitutional order. For many years, the executive branch carried out a hugely consequential policy change that the legislature never approved. Tens of millions of innocent U.S. citizens were thus subject to invasions of privacy that no law authorized. And the NSA’s unlawful behavior would’ve continued, unknown to the public and unreviewed by Article III courts, but for Snowden’s leak, which caused the ACLU to challenge the illegal NSA program.

Snowden undeniably violated his promise to keep the NSA’s secrets.

But doing so was the only way to fulfill his higher obligation to protect and defend the Constitution, which was being violated by an executive branch exceeding its rightful authority and usurping the lawmaking function that belongs to the legislature. This analysis pertains only to the leaked documents that exposed the phone dragnet, not the whole trove of Snowden leaks, but with respect to that one set of documents there ought to be unanimous support for pardoning his disclosure.

Any punishment for revealing the phone dragnet would be unjust.

Now that a federal appeals court has found that Section 215 of the Patriot Act did not in fact authorize the policy, punishing a man for exposing the program would set this precedent: Whistleblowers will be punished for revealing illegal surveillance. That’s the position anyone who still wants Snowden prosecuted for that leak must take, if the ruling stands. (Other federal courts have issued rulings pointing in contrary directions, and this latest ruling will likely be appealed.)
Related Story

Does the PATRIOT Act Allow Bulk Surveillance?

Consider how this federal court ruling informs the debate over state secrets generally. Civil libertarians have long warned that secret national-security policies undermine both representative democracy and our system of checks and balances.

And that is exactly what happened with respect to the phone dragnet!

Why Israel Lies August 4, 2014

Posted by rogerhollander in Israel, Gaza & Middle East, War.
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Roger’s note: Two more articles outlining the dynamics behind the Israeli government’s barbaric assault against the ghetto it has created in Gaza.  The notion that Israel’s actions are justified as self-defence is exposed as at best Orwellian.

 

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Israel’s Prime Minister Benjamin Netanyahu appearing on CBS’ Face The Nation last month. (Image: Screenshot)

All governments lie, as I.F. Stone pointed out, including Israel and Hamas. But Israel engages in the kinds of jaw-dropping lies that characterize despotic and totalitarian regimes. It does not deform the truth; it inverts it. It routinely paints a picture for the outside world that is diametrically opposed to reality. And all of us reporters who have covered the occupied territories have run into Israel’s Alice-in-Wonderland narratives, which we dutifully insert into our stories—required under the rules of American journalism—although we know they are untrue.

I saw small boys baited and killed by Israeli soldiers in the Gaza refugee camp of Khan Younis. The soldiers swore at the boys in Arabic over the loudspeakers of their armored jeep. The boys, about 10 years old, then threw stones at an Israeli vehicle and the soldiers opened fire, killing some, wounding others. I was present more than once as Israeli troops drew out and shot Palestinian children in this way. Such incidents, in the Israeli lexicon, become children caught in crossfire. I was in Gaza when F-16 attack jets dropped 1,000-pound iron fragmentation bombs on overcrowded hovels in Gaza City. I saw the corpses of the victims, including children. This became a surgical strike on a bomb-making factory. I have watched Israel demolish homes and entire apartment blocks to create wide buffer zones between the Palestinians and the Israeli troops that ring Gaza. I have interviewed the destitute and homeless families, some camped out in crude shelters erected in the rubble. The destruction becomes the demolition of the homes of terrorists. I have stood in the remains of schools—Israel struck two United Nations schools in the last six days, causing at least 10 fatalities at one in Rafah on Sunday and at least 19 at one in the Jebaliya refugee camp Wednesday—as well as medical clinics and mosques. I have heard Israel claim that errant rockets or mortar fire from the Palestinians caused these and other deaths, or that the attacked spots were being used as arms depots or launching sites. I, along with every other reporter I know who has worked in Gaza, have never seen any evidence that Hamas uses civilians as “human shields.”

There is a perverted logic to Israel’s repeated use of the Big Lie—Große Lüge—the lie favored by tyrants from Adolf Hitler and Josef Stalin to Saddam Hussein. The Big Lie feeds the two reactions Israel seeks to elicit—racism among its supporters and terror among its victims.

By painting a picture of an army that never attacks civilians, that indeed goes out of its way to protect them, the Big Lie says Israelis are civilized and humane, and their Palestinian opponents are inhuman monsters. The Big Lie serves the idea that the slaughter in Gaza is a clash of civilizations, a war between democracy, decency and honor on one side and Islamic barbarism on the other. And in the uncommon cases when news of atrocities penetrates to the wider public, Israel blames the destruction and casualties on Hamas.

George Orwell in his novel “Nineteen Eighty-Four” called this form of propaganda doublethink. Doublethink uses “logic against logic” and “repudiate[s] morality while laying claim to it.” The Big Lie does not allow for the nuances and contradictions that can plague conscience. It is a state-orchestrated response to the dilemma of cognitive dissonance. The Big Lie permits no gray zones. The world is black and white, good and evil, righteous and unrighteous. The Big Lie allows believers to take comfort—a comfort they are desperately seeking—in their own moral superiority at the very moment they have abrogated all morality.

The Big Lie, as the father of American public relations, Edward Bernays, wrote, is limited only by the propagandist’s capacity to fathom and harness the undercurrents of individual and mass psychology. And since most supporters of Israel do not have a desire to know the truth, a truth that would force them to examine their own racism and self-delusions about Zionist and Western moral superiority, like packs of famished dogs they lap up the lies fed to them by the Israeli government. The Big Lie always finds fertile soil in what Bernays called the “logic-proof compartment of dogmatic adherence.” All effective propaganda, Bernays wrote, targets and builds upon these irrational “psychological habits.”

This is the world Franz Kafka envisioned, a world where the irrational becomes rational. It is one where, as Gustave Le Bon noted in “The Crowd: A Study of the Public Mind,” those who supply the masses with the illusions they crave become their master, and “whoever attempts to destroy their illusions is always their victim.” This irrationality explains why the reaction of Israeli supporters to those who have the courage to speak the truth—Uri Avnery, Max Blumenthal, Noam Chomsky, Jonathan Cook, Norman Finkelstein, Amira Hass, Gideon Levy, Ilan Pappé, Henry Siegman and Philip Weiss—is so rabid. That so many of these voices are Jewish, and therefore have more credibility than non-Jews who are among Israel’s cheerleaders, only ratchets up the level of hate.

But the Big Lie is also consciously designed to send a chilling message to Gaza’s Palestinians, who have lost large numbers of their dwellings, clinics, mosques, and power, water and sewage facilities, along with schools and hospitals, who have suffered some 1,650 deaths since this assault began—most of the victims women and children—and who have seen 400,000 people displaced from their homes. The Big Lie makes it clear to the Palestinians that Israel will continue to wage a campaign of state terror and will never admit its atrocities or its intentions. The vast disparity between what Israel says and what Israel does tells the Palestinians that there is no hope. Israel will do and say whatever it wants. International law, like the truth, will always be irrelevant. There will never, the Palestinians understand from the Big Lie, be an acknowledgement of reality by the Israeli leadership.

The Israel Defense Forces website is replete with this black propaganda. “Hamas exploits the IDF’s sensitivity towards protecting civilian structures, particularly holy sites, by hiding command centers, weapons caches and tunnel entrances in mosques,” the IDF site reads. “In Hamas’ world, hospitals are command centers, ambulances are transport vehicles, and medics are human shields,” the site insists.

“… [Israeli] officers are tasked with an enormous responsibility: to protect Palestinian civilians on the ground, no matter how difficult that may be,” the site assures its viewers. And the IDF site provides this quote from a drone operator identified as Lt. Or. “I have personally seen rockets fired at Israel from hospitals and schools, but we couldn’t strike back because of civilians nearby. In one instance, we acquired a target but we saw that there were children in the area. We waited around, and when they didn’t leave we were forced to abort a strike on an important target.”

Israel’s ambassador to the United States, Ron Dermer, in a Big Lie of his own, said last month at a conference of Christians United for Israel that the Israeli army should be given the “Nobel Peace Prize …  a Nobel Peace Prize for fighting with unimaginable restraint.”

The Big Lie destroys any possibility of history and therefore any hope for a dialogue between antagonistic parties that can be grounded in truth and reality. While, as Hannah Arendt pointed out, the ancient and modern sophists sought to win an argument at the expense of the truth, those who wield the Big Lie “want a more lasting victory at the expense of reality.” The old sophists, she said, “destroyed the dignity of human thought.” Those who resort to the Big Lie “destroy the dignity of human action.” The result, Arendt warned, is that “history itself is destroyed, and its comprehensibility.” And when facts no longer matter, when there is no shared history grounded in the truth, when people foolishly believe their own lies, there can be no useful exchange of information. The Big Lie, used like a bludgeon by Israel, as perhaps it is designed to be, ultimately reduces all problems in the world to the brutish language of violence. And when oppressed people are addressed only through violence they will answer only through violence.

Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning,What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America.  His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.

 

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Greenwald: NSA Docs Show ‘Israeli Action in Gaza has US Fingerprints All Over It’

New documents leaked by Edward Snowden show how intelligence cooperation enables repeated Israeli aggression against Palestinians

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Palestinian families seek shelter at an UNRWA school after evacuating their homes north of the Gaza Strip. (Photo: UNRWA)A new analysis of the intelligence and military relationship between the U.S. and Israeli governments—bolstered by new top secret NSA documents leaked by Edward Snowden—exposes the deep complicity of American foreign policy when it comes to enabling Israel’s continued occupation of the Palestinian territories and its ongoing aggressive military assault on the Gaza Strip.

Reported by The Intercept‘s Glenn Greenwald on Monday, the new NSA documents show how the U.S. spy agency “has significantly increased the surveillance assistance it provides to its Israeli counterpart, the Israeli SIGINT National Unit (ISNU; also known as Unit 8200), including data used to monitor and target Palestinians.”

According to Greenwald, the “new Snowden documents illustrate a crucial fact: Israeli aggression would be impossible without the constant, lavish support and protection of the U.S. government, which is anything but a neutral, peace-brokering party in these attacks. And the relationship between the NSA and its partners on the one hand, and the Israeli spying agency on the other, is at the center of that enabling.”

One newly published document discusses how U.S. intelligence agents work together with their Israeli counterparts to gain access to “geographic targets [that] include the countries of North Africa, the Middle East, the Persian Gulf, South Asia, and the Islamic republics of the former Soviet Union.” The document also details how the relationship includes “a dedicated communications line between NSA and ISNU [that] supports the exchange of raw material, as well as daily analytic and technical correspondence.”

On Sunday—for the third time since Israel’s attack on Gaza began nearly a month ago—a civilian shelter administered by the United Nations was bombed by Israeli forces in the Gaza Strip, killing at least ten people and wounding dozens of others. UN Secretary-General condemned the attack as a “moral outrage and a criminal act” and again demanded an end to what he called “madness” in Gaza. Israel has repeatedly defended its actions in Gaza amid global condemnation and the U.S. has repeatedly stressed that Israel has the “right to defend itself” and was the only country to vote against a measure by the UN Human Rights Council recently calling for a formal investigation of “war crimes” over the repeated attacks on Gaza civilians at hospitals, UN shelters, and highly-populated residential areas.

Greenwald argues the evidence contained in the newly disclosed NSA documents support the analysis that he and other critics of U.S. policy vis-á-vis Israel have repeatedly stressed:

The new documents underscore the indispensable, direct involvement of the U.S. government and its key allies in Israeli aggression against its neighbors. That covert support is squarely at odds with the posture of helpless detachment typically adopted by Obama officials and their supporters.

President Obama, in his press conference on Friday, said ”it is heartbreaking to see what’s happening there,” referring to the weeks of civilian deaths in Gaza – “as if he’s just a bystander, watching it all unfold,” observed Brooklyn College Professor Corey Robin. Robin added: ”Obama talks about Gaza as if it were a natural disaster, an uncontrollable biological event.”

Each time Israel attacks Gaza and massacres its trapped civilian population – atthe end of 2008, in the fall of 2012, and now again this past month – the same process repeats itself in both U.S. media and government circles: the U.S. government feeds Israel the weapons it uses and steadfastly defends its aggression both publicly and at the U.N.; the U.S. Congress unanimously enactsone resolution after the next to support and enable Israel; and then American media figures pretend that the Israeli attack has nothing to do with their country, that it’s just some sort of unfortunately intractable, distant conflict between two equally intransigent foreign parties in response to which all decent Americans helplessly throw up their hands as though they bear no responsibility.

The NSA documents reveal the exchange of cash payments between the U.S. government and ISNU as well as intelligence agreements with other regional intelligence forces, including the Palestinian Authority’s Security Forces and Jordanian authorities.

On Monday, the Ma’an News Agency reports:

According to the Ministry of Health, the Israeli offensive on Gaza has left over 1,822 Palestinians dead, including 398 children. Some 9,370 Palestinians have been injured, 2,744 of them children.

Approximately 373,000 children are in need of psychological support as a result of the trauma of the war, according to UN figures.

Over a quarter of Palestinians in Gaza have been forced to leave their homes throughout the assault.

Israeli indicated it would honor a seven-hour “humanitarian” cease fire on Monday, but the most recent reports indicate that shelling and fighting continued in Gaza and new casualties, including the death of an eight-year-old girl in Gaza City, continue.

Read the full article about the new Snowden doc on The Intercept.

Pulitzer Vindicates: Snowden Journalists Win Top Honor April 15, 2014

Posted by rogerhollander in Civil Liberties, Media, Whistle-blowing.
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Roger’s note: I don’t know why, but somehow I don’t expect that this vindication of Edward Snowden’s bravery will not get much play in the mainstream media, so I am posting it here.  As some of the comments on the Common Dreams web site have pointed out, there has been no or  little mention of those who made great sacrifices and paid a price for speaking out, such as Chelsea Manning (it is reported today that the General in charge of her kangaroo court martial has affirmed her 35 year sentence) and Julian Assange (held prisoner indefinitely in London’s Ecuadorian Embassy).  These should not be forgotten.

 

Guardian and Washington Post each honored with Pulitzer for Public Service

– Lauren McCauley, staff writer

Ewen MacAskill, Glenn Greenwald and Laura Poitras in Hong Kong to meet NSA whistleblower Edward Snowden on June 10, 2013. (Photo by Laura Poitras)

The Washington Post and the Guardian/US were both awarded one of journalism’s top honors on Monday—the Pulitzer Prize for Public Service— for their separate but related reporting on the NSA’s widespread surveillance documents leaked by NSA whistleblower Edward Snowden.

Journalists Glenn Greenwald, Laura Poitras and Ewen MacAskill from the Guardian and the Washington Post’s Barton Gellman sent shock waves across the globe for their reporting on the leaks—eliciting responses from citizens and governments alike and spurring a new era of backlash against government intrusion.

Following news of the honor, Snowden released a statement thanking the Pulitzer committee for recognizing those involved in the NSA reporting. He wrote:

Today’s decision is a vindication for everyone who believes that the public has a role in government. We owe it to the efforts of the brave reporters and their colleagues who kept working in the face of extraordinary intimidation, including the forced destruction of journalistic materials, the inappropriate use of terrorism laws, and so many other means of pressure to get them to stop what the world now recognizes was work of vital public importance.

This decision reminds us that what no individual conscience can change, a free press can. My efforts would have been meaningless without the dedication, passion, and skill of these newspapers, and they have my gratitude and respect for their extraordinary service to our society. Their work has given us a better future and a more accountable democracy.

The Pulitzer committee awarded the prize to the publications for their “revelation[s] of widespread secret surveillance by the National Security Agency,” specifying that the Guardian, “through aggressive reporting,” helped “to spark a debate about the relationship between the government and the public over issues of security and privacy.” They credited the Post for their “authoritative and insightful reports that helped the public understand how the disclosures fit into the larger framework of national security.”

The Guardian team broke the first report on the NSA’s collection of Verizon phone records and Gellman, with help from Poitras, reported on the wide-ranging surveillance program known as “PRISM.” In addition to Greenwald, Poitras, MacAskill and Gellman—who are primarily credited for the NSA revelations—a number of other reporters working at the publications also contributed to the reporting that followed.

Following the announcement, many hailed the selection as a vindication of the actions of both the journalists and the whistleblower, a number of whom have been threatened for their work and are forced to remain in exile for fear of persecution by the U.S. government.

“The stories that came out of this completely changed the agenda on the discussion on privacy and the NSA,” David Remnick, editor of The New Yorker, said prior to the announcement. “There’s an enormous public good in that, and it’s yet to be proven at all that somehow did great damage to national security.”

“I can’t imagine a more appropriate choice for a Pulitzer Prize,” New York University media studies professor Mark Miller told AFP. Miller said that the winning team of reporters did what “American journalists are supposed to do, which is serve the public interest by shedding a bright light on egregious abuse of power by the government.”

“The real journalistic heroes in this country tend to be the mavericks, the eccentrics, those who dare to report stories that are often dismissed derisively as ‘conspiracy theory,'” Miller continued.

On Friday, Poitras and Greenwald returned to the U.S. for the first time since breaking the NSA stories to accept the prestigious George Polk Award for national security reporting.

During his acceptance speech for the George Polk award, Greenwald discussed the intimidation that both whistleblowers and journalists face.

“The only way to deal with threats,” he said, “is to just do the reporting as aggressively, if not more so, than you would absent those threats.”

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Pete Seeger and the NSA February 4, 2014

Posted by rogerhollander in Art, Literature and Culture, Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, History, Police.
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Roger’s note: Of course, the recent revelations about NSA outdoing George Orwell is no laughing matter.  But if you need a moment of lightness today, click in the first paragraph on Pete’s testimony before HUAC.  It reads like a Monty Python skit.  With the persecutions of Chelsea Manning, Julian Assange, Edward Snowden among others, and the hounding to death of Aaron Swartz, the U.S. government is just getting started in putting its mega data collection to use.  When the political protests heat up to the next level, I believe we are going to see the same kind of witch hunts that we saw under the era of Joseph McCarthy, only much worse.  Those who lived through that period of history can tell you what it is like to be persecuted by the government for your First Amendment protected beliefs.  Perhaps what is most frightening is the militarization of local police departments, and we saw what state violence against legitimate political protest will look like during the brutal repression of the Occupy Wall Street Movement.  Whether you are brought up before a Kafkaesque like official United States government kangaroo court or bashed over the head with police baton or run down by a Homeland Security issues armored vehicle, the chilling result is the same: fascism in our day.  
That it occurs under the auspices of the affable and articulate constitutional lawyer who is the first Black American president or the feisty and charming soon to be first woman American president, will not do much to soften the blow.

 

Published on Tuesday, February 4, 2014 by Deeplinks Blog/EFF

by Cindy Cohn

I am not going to answer any questions as to my association, my philosophical beliefs, or how I voted in any election, or any of these private affairs. I think these are very improper questions for any American to be asked, especially under such compulsion as this.

Pete Seeger, 1955, testimony pursuant to subpoena before the House Un-American Activities Committee.

Pete Seeger (Image: EFF)

The world lost a clear, strong voice for peace, justice, and community with the death of singer and activist Pete Seegerlast week. While Seeger was known as an outspoken musician not shy about airing his political opinions, it’s also important to remember he was once persecuted for those opinions, despite breaking no law. And the telling of this story should give pause to those who claim to be unconcerned about the government’s metadata seizure and search programs that reveal our associations to the government today.

In 1955, Seeger was called before the House Un-American Activities Committee, where he defiantly refused to answer questions about others who he associated with and who shared his political beliefs and associations, believing Congress was violating his First Amendment rights. He was especially concerned about revealing his associations:

I will be glad to tell what songs I have ever sung, because singing is my business. . . .  But I decline to say who has ever listened to them, who has written them, or other people who have sung them.

But if the same thing were to happen today, a Congressional subpoena and a public hearing wouldn’t be necessary for the government to learn all of our associations and other “private affairs.” Since the NSA has been collecting and keeping them, they could just get that same information from their own storehouses of our records.

According to the Constitution, the government is supposed to meet a high standard before collecting this private information about our associations, especially the political ones that the Congressmen were demanding of Seeger. For instance, under the First Amendment, it must“serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.”

It doesn’t matter whether the government wants associations to look for possibly “illegal” activities of civil rights activists, Communist sympathizers, anarchists, trade unionists, war resisters, gun rights activists, environmental activists, drug legalization advocates, or wants to go after legitimate criminals and potential terrorists, if the government can’t justify the collection of this “metadata” on this “strict scrutiny” standard, they’re not allowed to collect any of it. Yet right now, they collect all of it.

We’re still learning of all the ways the government is able to track our associations without anything like the due process and standards required by the First and Fourth Amendments, but it is the centerpiece of the NSA’s mass telephone records collection program under Patriot Act section 215, which EFF is fighting with our First Unitarian Church v. NSA case that focuses on the right of association.  Our lead client, the First Unitarian Church of Los Angeles, had its own role in resisting the House Un-American Activities Committee. It’s also part and parcel of the mass collection of content and metadata of people all around the world under section 702 of the FISA Amendments Act. And it’s a real concern even if the companies hold the data, as we’ve seen with the FBI’s self-certified National Security Lettersand the Hemisphere program, where AT&T employees are embedded in government investigations so that they can more readily search through our phone records for the FBI, the DEA and others.

Each of these programs effectively allows the government to do to you what Pete Seeger refused to let them do to him—track your associations, beliefs and other private affairs without proper legal protections.  And they can do this at scale that was unimaginable in 1955, thanks to the digital nature of our communications, the digital tools that allow them to search automatically rather than by hand and the fact that so much more about these private affairs is in the hands of third parties like our phone and internet companies.

While Seeger escaped jail, he was convicted of contempt for his failure to answer these questions. Thankfully Joseph McCarthy and the Un-American Activities Committees were later widely condemned, and Americans understandably look back sadly and with embarrassment on time when the Committee forced Americans to reveal their own associations, along with the associations and beliefs of others.  With the passing of moral and artistic heroes like Seeger, we should redouble our efforts to make sure that our “private affairs” remain safe and the government’s ability to access them remains subject to careful controls.

Join us on February 11 for the day we fight back against mass surveillance.

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License.
Cindy Cohn

Cindy Cohn is legal director for the Electronic Frontier Foundation (EFF), as well as its general counsel, coordinating over 40 national class action lawsuits against the telecommunications carriers and the government seeking to stop warrantless NSA surveillance

NSA Intercepting Laptops Bought Online to Install Spy Malware December 30, 2013

Posted by rogerhollander in Civil Liberties, Constitution, Surveillance, Surveillance State.
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Roger’s note: I think George Orwell underestimated the problem.  According to Glenn Greenwald, “The NSA can literally watch every keystroke you make.”

 

 

The NSA’s TAO hacking unit is considered to be the intelligence agency’s top secret weapon

– Common Dreams staff

This National Security Agency complex in San Antonio, Texas, located in a former Sony chip factory, is one of the central offices of the intelligence agency’s Tailored Access Operations, the NSA’s top operative unit. It’s something like a squad of plumbers that can be called in when normal access to a target is blocked.

Germany’s Der Spiegel is reporting Sunday that the US National Security Agency (NSA), working with the CIA and FBI, has been intercepting laptops and other electronics bought online before delivery to install malware and other spying tools.

According to Der Spiegel, the NSA diverts shipping deliveries to its own “secret workshops” to install the software before resending the deliveries to their purchasers.

Elite hackers working for the NSA’s Tailored Access Operations (TAO) division are considered to be the intelligence agency’s top secret weapon.

The NSA’s TAO reportedly has backdoor access to many hardware and software systems from major tech companies such as Cisco, Dell, and Western Digital and others. The NSA exploits Microsoft Windows error reports to find weak spots in compromised machines in order to install Trojans and other viruses.

The Der Spiegel report also notes that the NSA has successfully tapped into some of the massive, under-sea fiber-optic cables that connect the global data infrastructure, in particular the “SEA-ME-WE-4″ cable system.

“This massive underwater cable bundle connects Europe with North Africa and the Gulf states and then continues on through Pakistan and India,” Der Spiegel reports, ”all the way to Malaysia and Thailand. The cable system originates in southern France, near Marseille. Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle.”

From Der Spiegel:

To conduct those types of operations, the NSA works together with other intelligence agencies such as the CIA and FBI, which in turn maintain informants on location who are available to help with sensitive missions. This enables TAO to attack even isolated networks that aren’t connected to the Internet. If necessary, the FBI can even make an agency-owned jet available to ferry the high-tech plumbers to their target. This gets them to their destination at the right time and can help them to disappear again undetected after even as little as a half hour’s work.

Responding to a query from SPIEGEL, NSA officials issued a statement saying, “Tailored Access Operations is a unique national asset that is on the front lines of enabling NSA to defend the nation and its allies.” The statement added that TAO’s “work is centered on computer network exploitation in support of foreign intelligence collection.” The officials said they would not discuss specific allegations regarding TAO’s mission.

Sometimes it appears that the world’s most modern spies are just as reliant on conventional methods of reconnaissance as their predecessors.

Take, for example, when they intercept shipping deliveries. If a target person, agency or company orders a new computer or related accessories, for example, TAO can divert the shipping delivery to its own secret workshops. The NSA calls this method interdiction. At these so-called “load stations,” agents carefully open the package in order to load malware onto the electronics, or even install hardware components that can provide backdoor access for the intelligence agencies. All subsequent steps can then be conducted from the comfort of a remote computer.

These minor disruptions in the parcel shipping business rank among the “most productive operations” conducted by the NSA hackers, one top secret document relates in enthusiastic terms. This method, the presentation continues, allows TAO to obtain access to networks “around the world.”

Even in the Internet Age, some traditional spying methods continue to live on.

* * *

An aerial view of National Security Administration (NSA) headquarters in Fort Meade, MD

‘The Only Thing We Have to Fear…’ is the CIA December 24, 2013

Posted by rogerhollander in Foreign Policy, Surveillance State.
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Roger’s note: there was much to like about Truman, especially his standing up to the immensely popular war hero MacArthur, who wanted to start WWIII in Korea.  But Truman’s use of the atomic bomb against the already defeated Japanese Empire at Hiroshima and Nagasaki more than negates the better part of his legacy.  Nevertheless, on his warning here about the CIA he was right on.  This article tells us who really runs the American Empire (hint: not you and me, or even the robot Obama) and suggests the reason for the assassination of JFK.

 

 

President Truman’s true warning on the CIA

 

Fifty years ago, exactly one month after John Kennedy was killed, the Washington Post published an op-ed titled “Limit CIA Role to Intelligence.” The first sentence of that op-ed on Dec. 22, 1963, read, “I think it has become necessary to take another look at the purpose and operations of our Central Intelligence Agency.”

President Harry S. Truman.

 

It sounded like the intro to a bleat from some liberal professor or journalist. Not so. The writer was former President Harry S. Truman, who spearheaded the establishment of the CIA 66 years ago, right after World War II, to better coordinate U.S. intelligence gathering. But the spy agency had lurched off in what Truman thought were troubling directions.

 

Sadly, those concerns that Truman expressed in that op-ed — that he had inadvertently helped create a Frankenstein monster — are as valid today as they were 50 years ago, if not more so.

 

Truman began his article by underscoring “the original reason why I thought it necessary to organize this Agency … and what I expected it to do.” It would be “charged with the collection of all intelligence reports from every available source, and to have those reports reach me as President without Department ‘treatment’ or interpretations.”

 

Truman then moved quickly to one of the main things bothering him. He wrote “the most important thing was to guard against the chance of intelligence being used to influence or to lead the President into unwise decisions.”

 

It was not difficult to see this as a reference to how one of the agency’s early directors, Allen Dulles, tried to trick President Kennedy into sending U.S. forces to rescue the group of invaders who had landed on the beach at the Bay of Pigs, Cuba, in April 1961 with no chance of success, absent the speedy commitment of U.S. air and ground support.

 

Wallowing in the Bay of Pigs

 

Arch-Establishment figure Allen Dulles had been offended when young President Kennedy had the temerity to ask questions about CIA plans before the Bay of Pigs debacle, which had been set in motion under President Dwight Eisenhower. When Kennedy made it clear he would NOT approve the use of U.S. combat forces, Dulles set out, with supreme confidence, to mousetrap the President.

 

Coffee-stained notes handwritten by Allen Dulles were discovered after his death and reported by historian Lucien S. Vandenbroucke. They show how Dulles drew Kennedy into a plan that was virtually certain to require the use of U.S. combat forces. In his notes, Dulles explained that, “when the chips were down,” Kennedy would be forced by “the realities of the situation” to give whatever military support was necessary “rather than permit the enterprise to fail.”

 

The “enterprise” which Dulles said could not fail was, of course, the overthrow of Fidel Castro. After mounting several failed operations to assassinate him, this time Dulles meant to get his man, with little or no attention to how the Russians might react. The reckless Joint Chiefs of Staff, whom then-Deputy Secretary of State George Ball later described as a “sewer of deceit,” relished any chance to confront the Soviet Union and give it, at least, a black eye.

 

But Kennedy stuck to his guns, so to speak. He fired Dulles and his co-conspirators a few months after the abortive invasion, and told a friend that he wanted to “splinter the CIA into a thousand pieces and scatter it into the winds.” The outrage was very obviously mutual.

 

When Kennedy himself was assassinated on Nov. 22, 1963, it must have occurred to Truman – as it did to many others – that the disgraced Dulles and his unrepentant associates might not be above conspiring to get rid of a president they felt was soft on Communism and get even for their Bay of Pigs fiasco.

 

‘Cloak and Dagger’

 

While Truman saw CIA’s attempted mousetrapping of President Kennedy as a particular outrage, his more general complaint is seen in his broader lament that the CIA had become “so removed from its intended role … I never had any thought that when I set up the CIA that it would be injected into peacetime cloak and dagger operations. … It has become an operational and at times a policy-making arm of the government.” Not only shaping policy through its control of intelligence, but also “cloak and dagger” operations, presumably including assassinations.

 

Truman concluded the op-ed with an admonition that was as clear as the syntax was clumsy: “I would like to see the CIA restored to its original assignment as the intelligence arm of the President, and that whatever else it can properly perform in that special field – and that its operational duties be terminated or properly used elsewhere.” The importance and prescient nature of that admonition are even clearer today, a half-century later.

 

But Truman’s warning fell mostly on deaf ears, at least within Establishment circles. The Washington Post published the op-ed in its early edition on Dec. 22, 1963, but immediately excised it from later editions. Other media ignored it. The long hand of the CIA?

 

In Truman’s view, misuse of the CIA began in February 1953, when his successor, Dwight Eisenhower, named Allen Dulles as CIA director. Dulles’s forte was overthrowing governments (in current parlance, “regime change”), and he was quite good at it. With coups in Iran (1953) and Guatemala (1954) under his belt, Dulles was riding high by the late Fifties and moved Cuba to the top of his to-do list.

 

The Truman Papers

 

Documents in the Truman Library show that nine days after Kennedy was assassinated, Truman sketched out in handwritten notes what he wanted to say in the op-ed. He noted, among other things, that the CIA had worked as he intended only “when I had control.”

 

Five days after the op-ed appeared, retired Admiral Sidney Souers, whom Truman had appointed to lead his first central intelligence group, sent a “Dear Boss” letter applauding Truman’s outspokenness and blaming Dulles for making the CIA “a different animal than the one I tried to set up for you.”

 

Souers specifically lambasted the attempt “to conduct a ‘war’ invading Cuba with a handful of men and without air cover.” He also lamented the fact that the agency’s “principal effort” had evolved into causing “revolutions in smaller countries around the globe,” and added: “With so much emphasis on operations, it would not surprise me to find that the matter of collecting and processing intelligence has suffered some.” (Again, as true today as it was 50 years ago.)

 

Clearly, the operational tail of the CIA was wagging its substantive dog — a serious problem that persists to this day.

 

Fox Guarding Hen House

 

After Kennedy was murdered in Dallas, the patrician, well-connected Dulles got himself appointed to the Warren Commission and took the lead in shaping the investigation of JFK’s assassination. Documents in the Truman Library show that Dulles also mounted a small domestic covert action of his own to neutralize any future airing of Truman’s and Souers’s warnings about covert action.

 

So important was this to Dulles that he invented a pretext to get himself invited to visit Truman in Independence, Missouri. On the afternoon of April 17, 1964, Dulles spent a half-hour one-on-one with the former president, trying to get him to retract what he had written in his op-ed. Hell No, said Harry.

 

Not a problem, Dulles decided. Four days later, in a formal memorandum of conversation for his old buddy Lawrence Houston, CIA general counsel from 1947 to 1973, Dulles fabricated a private retraction for Truman, claiming that Truman told him the Washington Post article was “all wrong,” and that Truman “seemed quite astounded at it.”

 

A fabricated retraction? It certainly seems so, because Truman did not change his tune. Far from it. In a June 10, 1964, letter to the managing editor of Look magazine, for example, Truman restated his critique of covert action, emphasizing that he never intended the CIA to get involved in “strange activities.”

 

Dulles and Dallas

 

Dulles could hardly have expected to get Truman to recant publicly. So why was it so important for Dulles to place in CIA files a fabricated retraction? I believe the answer lies in the fact that in early 1964 Dulles was feeling a lot of heat from many who were suggesting the CIA might have been involved somehow in the Kennedy assassination. Columnists were asking how the truth could ever be reached, with Allen Dulles as de facto head of the Warren Commission.

 

Dulles had good reason to fear that Truman’s limited-edition Washington Post op-ed of Dec. 22, 1963, might garner unwanted attention and raise troublesome questions about covert action, including assassination. He would have wanted to be in position to dig out of Larry Houston’s files the Truman “retraction,” in the hope that this would nip any serious questioning in the bud.

 

As the de facto head of the Warren Commission, Dulles was perfectly positioned to protect himself and his associates, were any commissioners or investigators — or journalists — tempted to question whether Dulles and the CIA played a role in killing Kennedy.

 

And so, the question: Did Allen Dulles and other “cloak-and-dagger” CIA operatives have a hand in John Kennedy’s assassination and in then covering it up? In my view, the best dissection of the evidence pertaining to the murder appeared in James Douglass’s 2008 book, JFK and the Unspeakable. After updating and arraying the abundant evidence, and conducting still more interviews, Douglass concludes that the answer is Yes.

 

Obama Intimidated?

 

The mainstream media had an allergic reaction to Douglass’s book and gave it almost no reviews. It is, nevertheless, still selling well. And, more important, it seems a safe bet that President Barack Obama knows what it says and maybe has even read it. This may go some way toward explaining why Obama has been so deferential to the CIA, NSA, FBI and the Pentagon.

 

Could this be at least part of the reason he felt he had to leave the Cheney/Bush-anointed torturers, kidnappers and black-prison wardens in place, instructing his first CIA chief Leon Panetta to become, in effect, the agency’s lawyer rather than leader.

 

Is this why the President feels he cannot fire his clumsily devious Director of National Intelligence James Clapper, who had to apologize to Congress for giving “clearly erroneous” testimony in March? Is this why he allows National Security Agency Director Keith Alexander and counterparts in the FBI to continue to mislead the American people, even though the intermittent snow showers from Snowden show our senior national security officials to have lied — and to have been out of control?

 

This may be small solace to President Obama, but there is no sign that the NSA documents that Snowden’s has released include the Senate Intelligence Committee’s 6,300-page report on CIA torture. Rather, that report, at least, seems sure to be under Obama’s and Senate Intelligence Committee chair Dianne Feinstein’s tight control.

 

But the timorous President has a big problem. He is acutely aware that, if released, the Senate committee report would create a firestorm – almost certainly implicating Obama’s CIA Director John Brennan and many other heavy-hitters of whom he appears to be afraid. And so Obama has allowed Brennan to play bureaucratic games, delaying release of the report for more than a year, even though its conclusions are said to closely resemble earlier findings of the CIA’s own Inspector General and the Constitution Project (see below).

 

Testimony of Ex-CIA General Counsel

 

Hat tip to the New Yorker’s Jane Mayer, who took the trouble to read the play-by-play of testimony to the Senate Intelligence Committee by former CIA General Counsel (2009-2013) Stephen W. Preston, nominated (and now confirmed) to be general counsel at the Department of Defense.

 

Under questioning by Sen. Mark Udall, D-Colorado, Preston admitted outright that, contrary to the CIA’s insistence that it did not actively impede congressional oversight of its detention and interrogation program, “briefings to the committee included inaccurate information related to aspects of the program of express interest to Members.”

 

That “inaccurate information” apparently is thoroughly documented in the Senate Intelligence Committee report which, largely because of the CIA’s imaginative foot-dragging, cost taxpayers $40 million. Udall has revealed that the report (which includes 35,000 footnotes) contains a very long section titled “C.I.A. Representations on the C.I.A. Interrogation Program and the Effectiveness of the C.I.A.’s Enhanced Interrogation Techniques to Congress.”

 

Preston also acknowledged that the CIA inadequately informed the Justice Department on interrogation and detention. He said, “CIA’s efforts fell well short of our current practices when it comes to providing information relevant to [the Office of Legal Counsel]’s legal analysis.”

 

As Katherine Hawkins, the senior investigator for last April’s bipartisan, independent report by the Constitution Project’s Task Force on Detainee Treatment, noted in an Oct. 18, 2013 posting, the memos from acting OLC chief, Steven Bradbury, relied very heavily on now-discredited CIA claims that “enhanced interrogation” saved lives, and that the sessions were carefully monitored by medical and psychological personnel to ensure that detainees’ suffering would not rise to the level of torture.

 

According to Hawkins, Udall complained – and Preston admitted – that, in providing the materials requested by the committee, “the CIA removed several thousand CIA documents that the agency thought could be subjected to executive privilege claims by the President, without any decision by Obama to invoke the privilege.”

 

Worse still for the CIA, the Senate Intelligence Committee report apparently destroys the agency’s argument justifying torture on the grounds that there was no other way to acquire the needed information save through brutalization. In his answers to Udall, Preston concedes that, contrary to what the agency has argued, it can and has been established that legal methods of interrogation would have yielded the same intelligence.

 

Is anyone still wondering why our timid President is likely to sit on the Senate Intelligence Committee report for as long as he can? Or why he will let John Brennan redact it to a fare-thee-well, if he is eventually forced to release some of it by pressure from folks who care about things like torture?

 

It does appear that the newly taciturn CIA Director Brennan has inordinate influence over the President in such matters – not unlike the influence that both DNI Clapper and NSA Director Alexander seem able to exert. In this respect, Brennan joins the dubious company of the majority of his predecessor CIA directors, as they made abundantly clear when they went to inordinate lengths to prevent their torturer colleagues from being held accountable.

 

A version of this article also appeared at Consortium News.

 

 

Ray McGovern

Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. During his career as a CIA analyst, he prepared and briefed the President’s Daily Brief and chaired National Intelligence Estimates. He is a member of the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).

As Europe erupts over US spying, NSA chief says government must stop media October 28, 2013

Posted by rogerhollander in Civil Liberties, Constitution, Democracy, Media, Surveillance State, Whistle-blowing.
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With General Alexander calling for NSA reporting to be halted, US and UK credibility as guardians of press freedom is crushed

 

NSA director Gen Keith Alexander.

NSA Director General Keith Alexander, earlier this month. Photograph: Evan Vucci/AP

 

The most under-discussed aspect of the NSA story has long been its international scope. That all changed this week as both Germany and France exploded with anger over new revelations about pervasive NSA surveillance on their population and democratically elected leaders.

As was true for Brazil previously, reports about surveillance aimed at leaders are receiving most of the media attention, but what really originally drove the story there were revelations that the NSA is bulk-spying on millions and millions of innocent citizens in all of those nations. The favorite cry of US government apologists -–everyone spies! – falls impotent in the face of this sort of ubiquitous, suspicionless spying that is the sole province of the US and its four English-speaking surveillance allies (the UK, Canada, Australia and New Zealand).

There are three points worth making about these latest developments.

First, note how leaders such as Chancellor Angela Merkel reacted with basic indifference when it was revealed months ago that the NSA was bulk-spying on all German citizens, but suddenly found her indignation only when it turned out that she personally was also targeted. That reaction gives potent insight into the true mindset of many western leaders.

Second, all of these governments keep saying how newsworthy these revelations are, how profound are the violations they expose, how happy they are to learn of all this, how devoted they are to reform. If that’s true, why are they allowing the person who enabled all these disclosures – Edward Snowden – to be targeted for persecution by the US government for the “crime” of blowing the whistle on all of this?

If the German and French governments – and the German and French people – are so pleased to learn of how their privacy is being systematically assaulted by a foreign power over which they exert no influence, shouldn’t they be offering asylum to the person who exposed it all, rather than ignoring or rejecting his pleas to have his basic political rights protected, and thus leaving him vulnerable to being imprisoned for decades by the US government?

Aside from the treaty obligations these nations have to protect the basic political rights of human beings from persecution, how can they simultaneously express outrage over these exposed invasions while turning their back on the person who risked his liberty and even life to bring them to light?

Third, is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.

Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.

Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA’s director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):

The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of “selling” his agency’s documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden.

“I think it’s wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn’t make sense,” Alexander said in an interview with the Defense Department’s “Armed With Science” blog.

“We ought to come up with a way of stopping it. I don’t know how to do that. That’s more of the courts and the policy-makers but, from my perspective, it’s wrong to allow this to go on,” the NSA director declared. [My italics]

There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called “the first amendment”.

I’d love to know what ways, specifically, General Alexander has in mind for empowering the US government to “come up with a way of stopping” the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?

Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.

Fresh Leak on US Spying: NSA Accessed Mexican President’s Email October 20, 2013

Posted by rogerhollander in Brazil, Latin America, Mexico, Surveillance State.
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By Jens Glüsing, Laura Poitras, Marcel Rosenbach and Holger Stark

http://www.spiegel.de, October 20, 2013

Allen and Company's 31st Annual Media and Technology Conference
DPA

The NSA has been systematically eavesdropping on the Mexican government for years. It hacked into the president’s public email account and gained deep insight into policymaking and the political system. The news is likely to hurt ties between the US and Mexico.

The National Security Agency (NSA) has a division for particularly difficult missions. Called “Tailored Access Operations” (TAO), this department devises special methods for special targets.

 

ANZEIGE

That category includes surveillance of neighboring Mexico, and in May 2010, the division reported its mission accomplished. A report classified as “top secret” said: “TAO successfully exploited a key mail server in the Mexican Presidencia domain within the Mexican Presidential network to gain first-ever access to President Felipe Calderon’s public email account.”According to the NSA, this email domain was also used by cabinet members, and contained “diplomatic, economic and leadership communications which continue to provide insight into Mexico’s political system and internal stability.” The president’s office, the NSA reported, was now “a lucrative source.”

This operation, dubbed “Flatliquid,” is described in a document leaked by whistleblower Edward Snowden, which SPIEGEL has now had the opportunity to analyze. The case is likely to cause further strain on relations between Mexico and the United States, which have been tense since Brazilian television network TV Globo revealed in September that the NSA monitored then-presidential candidate Enrique Peña Nieto and others around him in the summer of 2012. Peña Nieto, now Mexico’s president, summoned the US ambassador in the wake of that news, but confined his reaction to demanding an investigation into the matter.

Now, though, the revelation that the NSA has systematically infiltrated an entire computer network is likely to trigger deeper controversy, especially since the NSA’s snooping took place during the term of Peña Nieto’s predecessor Felipe Calderón, a leader who worked more closely with Washington than any other Mexican president before him.

Brazil Also Targeted

Reports of US surveillance operations have caused outrage in Latin America in recent months. Brazilian President Dilma Rousseff cancelled a planned trip to Washington five weeks ago and condemned the NSA’s espionage in a blistering speech to the United Nations General Assembly.

The US surveillance of politicians in Mexico and Brazil is not a one-off. Internal documents show these countries’ leaders represent important monitoring targets for the NSA, with both Mexico and Brazil ranking among the nations high on an April 2013 list that enumerates the US’ surveillance priorities. That list, classified as “secret,” was authorized by the White House and “presidentially approved,” according to internal NSA documents.

The list ranks strategic objectives for all US intelligence services using a scale from “1” for high priority to “5” for low priority. In the case of Mexico, the US is interested primarily in the drug trade (priority level 1) and the country’s leadership (level 3). Other areas flagged for surveillance include Mexico’s economic stability, military capabilities, human rights and international trade relations (all ranked at level 3), as well as counterespionage (level 4). It’s much the same with Brazil — ascertaining the intentions of that country’s leadership ranks among the stated espionage targets. Brazil’s nuclear program is high on the list as well.

When Brazilian President Rousseff took office in early 2011, one of her goals was to improve relations with Washington, which had cooled under her predecessor, the popular former labor leader Luiz Inácio Lula da Silva. Lula focused primarily on establishing closer ties with China, India and African nations, and even invited Iran’s then-President Mahmoud Ahmadinejad to Brazil, in a snub to the US. President Barack Obama postponed a planned visit to the capital, Brasília, as a result.

Rousseff, however, has distanced herself from Iran. And the first foreign minister to serve under her, Antonio Patriota, who recently resigned, was seen as friendly toward the US, maintaining good ties with his counterpart Hillary Clinton. Obama made a state visit to Brazil two years ago and Rousseff had planned to reciprocate with a visit to Washington this October.

Then came the revelation that US authorities didn’t stop short of spying on the president herself. According to one internal NSA presentation, the agency investigated “the communication methods and associated selectors of Brazilian President Dilma Rouseff and her key advisers.” It also said it found potential “high-value targets” among her inner circle.

Economic Motives?

Rousseff believes Washington’s reasons for employing such unfriendly methods are partly economic, an accusation that the NSA and its director, General Keith Alexander, have denied. Yet according to the leaked NSA documents, the US also monitored email and telephone communications at Petrobras, the oil corporation in which the Brazilian government holds a majority stake. Brazil possesses enormous offshore oil reserves.

Just how intensively the US spies on its neighbors can be seen in another, previously unknown operation in Mexico, dubbed “Whitetamale” by the NSA. In August 2009, according to internal documents, the agency gained access to the emails of various high-ranking officials in Mexico’s Public Security Secretariat that combats the drug trade and human trafficking. This hacking operation allowed the NSA not only to obtain information on several drug cartels, but also to gain access to “diplomatic talking-points.” In the space of a single year, according to the internal documents, this operation produced 260 classified reports that allowed US politicians to conduct successful talks on political issues and to plan international investments.

The tone of the document that lists the NSA’s “tremendous success” in monitoring Mexican targets shows how aggressively the US intelligence agency monitors its southern neighbor. “These TAO accesses into several Mexican government agencies are just the beginning — we intend to go much further against this important target,” the document reads. It goes on to state that the divisions responsible for this surveillance are “poised for future successes.”

While these operations were overseen from the NSA’s branch in San Antonio, Texas, secret listening stations in the US Embassies in Mexico City and Brasília also played a key role. The program, known as the “Special Collection Service,” is conducted in cooperation with the CIA. The teams have at their disposal a wide array of methods and high-tech equipment that allow them to intercept all forms of electronic communication. The NSA conducts its surveillance of telephone conversations and text messages transmitted through Mexico’s cell phone network under the internal code name “Eveningeasel.” In Brasília, the agency also operates one of its most important operational bases for monitoring satellite communications.

This summer, the NSA took its activities to new heights as elections took place in Mexico. Despite having access to the presidential computer network, the US knew little about Enrique Peña Nieto, designated successor to Felipe Calderón.

Spying on Peña Nieto

In his campaign appearances, Peña Nieto would make his way to the podium through a sea of supporters, ascending to the stage like a rock star. He is married to an actress, and also had the support of several influential elder statesmen within his party, the PRI. He promised to reform the party and fight pervasive corruption in the country. But those familiar with the PRI, which is itself regarded by many as corrupt, saw this pledge as little more than a maneuver made for show.

First and foremost, though, Peña Nieto promised voters he would change Mexico’s strategy in the war on drugs, announcing he would withdraw the military from the fight against the drug cartels as soon as possible and invest more money in social programs instead. Yet at the same time, he assured Washington there would be no U-turn in Mexico’s strategy regarding the cartels. So what were Peña Nieto’s true thoughts at the time? What were his advisers telling him?

The NSA’s intelligence agents in Texas must have been asking themselves such questions when they authorized an unusual type of operation known as structural surveillance. For two weeks in the early summer of 2012, the NSA unit responsible for monitoring the Mexican government analyzed data that included the cell phone communications of Peña Nieto and “nine of his close associates,” as an internal presentation from June 2012 shows. Analysts used software to connect this data into a network, shown in a graphic that resembles a swarm of bees. The software then filtered out Peña Nieto’s most relevant contacts and entered them into a databank called “DishFire.” From then on, these individuals’ cell phones were singled out for surveillance.

According to the internal documents, this led to the agency intercepting 85,489 text messages, some sent by Peña Nieto himself and some by his associates. This technology “might find a needle in a haystack,” the analysts noted, adding that it could do so “in a repeatable and efficient way.”

It seems, though, that the NSA’s agents are no longer quite as comfortable expressing such pride in their work. Asked for a comment by SPIEGEL, the agency replied: “We are not going to comment publicly on every specific alleged intelligence activity, and as a matter of policy we have made clear that the United States gathers foreign intelligence of the type gathered by all nations. As the President said in his speech at the UN General Assembly, we’ve begun to review the way that we gather intelligence, so that we properly balance the legitimate security concerns of our citizens and allies with the privacy concerns that all people share.”

Meanwhile, the NSA’s spying has already caused considerable political damage in the case of Brazil, seriously denting the mutual trust between Rousseff and Obama. Brazil now plans to introduce a law that will force companies such as Google and Facebook to store their data inside Brazil’s borders, rather than on servers in the US, making these international companies subject to Brazilian data privacy laws. The Brazilian government is also developing a new encryption system to protect its own data against hacking.

 

So far, Mexico has reacted more moderately — although the fact that the NSA infiltrated even the presidential computer network wasn’t known until now. Commenting after TV Globo first revealed the NSA’s surveillance of text messages, Peña Nieto stated that Obama had promised him to investigate the accusations and to punish those responsible, if it was found that misdeeds had taken place.In response to an inquiry from SPIEGEL concerning the latest revelations, Mexico’s Foreign Ministry replied with an email condemning any form of espionage on Mexican citizens, saying such surveillance violates international law. “That is all the government has to say on the matter,” stated a spokesperson for Peña Nieto.

Presumably, that email could be read at the NSA’s Texas location at the same time.

Ongoing NSA work August 30, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Media, Surveillance, War.
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Roger’s note: Watch the video at the bottom of this article, it is precious.  Do you still love Obama?

 

Anti-journalism journalists, US/UK attacks on press freedom, and candidate Obama on non-authorized military attacks

For the past seven-plus years, I’ve written more or less every day. That pattern has obviously changed over the last three months, during which time my posting has been more infrequent. That’s because I’ve been prioritizing my work on these NSA documents and articles, which take a fair amount of time to process, report and then write. I’m currently working on several NSA/GCHQ stories at once right now that I expect to be published shortly, so daily writing will likely not resume for a couple more weeks or so.

I’ll try to post something new here at least once every 3 days, if for no other reason than to ensure that the comment section remains open. In the meantime, here are several items worth considering:

(1) The New York Times’ David Carr has an excellent column on what drives the very odd phenomenon that the leading advocates for attacking and even criminalizing journalism come not from the government but from . . . certain journalists.

(2) In Der Spiegel, Laura Poitras has a column on the “blatant attacks on press freedoms” coming from the UK and their superiors in the US national security state.

(3) NYU Journalism Professor Jay Rosen has a great essay on the lessons about journalism revealed by the NSA stories, concluding: “Journalism almost has to be brought closer to activism to stand a chance of prevailing in its current struggle with the state.”

(4) In 2008, President Obama, when he was a candidate for President, had this question-and-answer exchange with the Boston Globe:

“Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites — a situation that does not involve stopping an IMMINENT threat?)

“OBAMA: The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.

“As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent.”

Given that not even the most ardent interventionists for Syria contend that the bombing is necessary for US national security, how can a military attack on Syria without Congressional approval possibly be reconciled with that position? When the same issue arose with Obama’s war in Libya in the absence of Congressional approval (indeed, after Congress expressly rejected its authorization), State Department adviser Harold Koh was forced to repudiate Obama’s own words and say he was wrong back then. Who will play that role this time? As is so often the case, there is a much starker debate between candidate Obama and President Obama than there is between the leadership of both political parties in Washington: