January 15, 2014 archive

Through the Airwaves

White House Panel Refutes NSA Claims

Democracy Now

January 15, 2014

Members of the White House panel reviewing government surveillance have publicly rejected some of the National Security Agency’s key claims in justifying warrantless, mass spying. Appearing before a Senate hearing, former CIA Deputy Director Michael Morell and former national security aide Richard Clarke refuted assertions the bulk collection of phone data could have prevented 9/11.

“No Spy” Agreement Nears Collapse over U.S. Refusal to End Spying on Germany

The latest news about National Security Agency spying comes amidst reports talks between the United States and Germany on a no-spying agreement are near collapse. Tensions peaked between the two countries last year after documents leaked by Edward Snowden showed U.S. surveillance of German citizens and officials, including Chancellor Angela Merkel. A German newspaper reports the negotiations are at a dead-end over a U.S. refusal to guarantee an end to spying on German politicians. Germany denies the claim and says the talks are ongoing.

All the World’s a Stage

Oh, yes.  This works

TSA Granting Expedited Security Checks To Entire Lines Of Travelers Undercuts Everything About Its Security Theater

by Tim Cushing, Tech Dirt

Wed, Jan 15th 2014 7:46am

The TSA finally appears to be doing something to trim down the runtime of security theater performances. The PreCheck program, which sold travelers’ rights back to them for a smallish fee is now being applied randomly to people waiting in line. And not just certain somebodies as the TSA did randomly over the holiday season in an effort to appear slightly less annoying. A whole lot of somebodies, according to this report from The Consumerist.



While the TSA would probably prefer this random largesse to be greeted with relief and gratitude, its normal day-to-day enforcement of petty, illogical policies ensures that this sort of thing is only greeted with suspicion.

Chris Morran was naturally perplexed by the TSA’s implicit admission that its security theater was, in fact, security theater. After all, if whole lines can be declared “not terrorists,” then why all the shoeless jumping through hoops the other 99.99% of the time?



Morran has a good reason to be suspicious of this move. Not only does it undercut the TSA’s arguments for pretty much everything else that it does, it also contorts itself to give itself a pat on the back for being so damn good at detecting terrorists. This allows the TSA to give its Threat Assessment Program a veneer of legitimacy it hasn’t earned. Morran points out that he didn’t see a single “screening dog” anywhere and nothing indicating the decision was being made with any sort of “assessment” being involved. It was just business as usual and then, suddenly, everyone swept through the security process with shoes and laptops intact.

While I’m sure the travelers appreciated the expedited process, the real danger here is that the TSA — which is supposed to be ensuring our airplanes are terrorist-free — is now arbitrarily deciding to drop 90% of the process on a whim. Even if the infamous BDOs (and their pet friends) are performing some sort of en masse “assessment,” that process has been deemed no more likely to net a terrorist than the randomly dragging every other person off for extra screening. Either the TSA needs to drop the many pretenses that “support” its procedures or it needs to stand by the very things it has claimed for years are essential to preventing terrorist activity. What if this had nothing to do with assessment and had everything to do with agents feeling less than motivated? It would look exactly the same and would have the same amount of “threat detection” behind it.

Study: Analysis of 225 Terrorism Cases Finds NSA Phone Record Collection Didn’t Prevent Attacks

By: Kevin Gosztola, Firedog Lake

Monday January 13, 2014 10:28 am

According to the analysis by the New America Foundation, “An in-depth analysis of 225 individuals recruited by al-Qaeda or a like-minded group or inspired by al-Qaeda’s ideology, and charged in the United States with an act of terrorism since 9/11, demonstrates that traditional investigative methods, such as the use of informants, tips from local communities, and targeted intelligence operations, provided the initial impetus for investigations in the majority of cases, while the contribution of NSA’s bulk surveillance programs to these cases was minimal.”

Telephone metadata collection “played an identifiable role in initiating, at most, 1.8 percent of these cases.”

Initially, when revelations from disclosures from former NSA contractor Edward Snowden began to be published, US intelligence agency officials responded by claiming the program collecting the phone records of hundreds of millions of Americans had helped thwart 54 terrorist plots. That fabricated statistic gradually unraveled, especially after Senator Patrick Leahy confronted NSA director Gen. Keith Alexander during a Senate Judiciary Committee hearing.



Gen. Alexander has claimed, prior to 9/11, the NSA could not connect the dots because it did not have the dots. This is why it needs the bulk metadata program. But the government did not fail to stop hijacker Khalid al-Mihdhar because it did not have this program. “The government missed multiple opportunities to catch Mihdhar.”

In effect, the NSA is exploiting a major policy failure that led to a terrorist attack in order to justify mass surveillance. Had information been shared and had agencies responded to warnings of impending attacks, it is possible Mihdhar could have been stopped.

“The overall problem for US counterterrorism officials is not that they need the information from the bulk collection of phone data, but that they don’t sufficiently understand or widely share the information they already possess that is derived from conventional law enforcement and intelligence techniques, the study concludes. It cites a number of recent terrorism attacks where this has been the case: Headley, Maj. Nidal Hasan, Umar Farouq Abdulmutallab, Carlos Bledsoe.

This deconstruction of false statements has had an impact. Now, intelligence officials, like former NSA deputy director John Inglis (who retired on Friday), fall back on the argument that the program is an “insurance policy.”



More than six months later, officials have retreated to we must have the phone records of all Americans in a database because it helps us sleep at night. Which proves there is no actual legitimate security justification for collecting and storing the phone records of all Americans.

The only argument for continuing this program is built on an unflinching belief in subjecting a population to mass surveillance. And, when Obama says he will continue it in some form on Friday, he will be arguing for the preservation of a clearly authoritarian program.

Citizens of the USA are the most craven, cowardly people I’ve ever met.

All the World’s a Stage

Oh, yes.  This works

TSA Granting Expedited Security Checks To Entire Lines Of Travelers Undercuts Everything About Its Security Theater

by Tim Cushing, Tech Dirt

Wed, Jan 15th 2014 7:46am

The TSA finally appears to be doing something to trim down the runtime of security theater performances. The PreCheck program, which sold travelers’ rights back to them for a smallish fee is now being applied randomly to people waiting in line. And not just certain somebodies as the TSA did randomly over the holiday season in an effort to appear slightly less annoying. A whole lot of somebodies, according to this report from The Consumerist.



While the TSA would probably prefer this random largesse to be greeted with relief and gratitude, its normal day-to-day enforcement of petty, illogical policies ensures that this sort of thing is only greeted with suspicion.

Chris Morran was naturally perplexed by the TSA’s implicit admission that its security theater was, in fact, security theater. After all, if whole lines can be declared “not terrorists,” then why all the shoeless jumping through hoops the other 99.99% of the time?



Morran has a good reason to be suspicious of this move. Not only does it undercut the TSA’s arguments for pretty much everything else that it does, it also contorts itself to give itself a pat on the back for being so damn good at detecting terrorists. This allows the TSA to give its Threat Assessment Program a veneer of legitimacy it hasn’t earned. Morran points out that he didn’t see a single “screening dog” anywhere and nothing indicating the decision was being made with any sort of “assessment” being involved. It was just business as usual and then, suddenly, everyone swept through the security process with shoes and laptops intact.

While I’m sure the travelers appreciated the expedited process, the real danger here is that the TSA — which is supposed to be ensuring our airplanes are terrorist-free — is now arbitrarily deciding to drop 90% of the process on a whim. Even if the infamous BDOs (and their pet friends) are performing some sort of en masse “assessment,” that process has been deemed no more likely to net a terrorist than the randomly dragging every other person off for extra screening. Either the TSA needs to drop the many pretenses that “support” its procedures or it needs to stand by the very things it has claimed for years are essential to preventing terrorist activity. What if this had nothing to do with assessment and had everything to do with agents feeling less than motivated? It would look exactly the same and would have the same amount of “threat detection” behind it.

Study: Analysis of 225 Terrorism Cases Finds NSA Phone Record Collection Didn’t Prevent Attacks

By: Kevin Gosztola, Firedog Lake

Monday January 13, 2014 10:28 am

According to the analysis by the New America Foundation, “An in-depth analysis of 225 individuals recruited by al-Qaeda or a like-minded group or inspired by al-Qaeda’s ideology, and charged in the United States with an act of terrorism since 9/11, demonstrates that traditional investigative methods, such as the use of informants, tips from local communities, and targeted intelligence operations, provided the initial impetus for investigations in the majority of cases, while the contribution of NSA’s bulk surveillance programs to these cases was minimal.”

Telephone metadata collection “played an identifiable role in initiating, at most, 1.8 percent of these cases.”

Initially, when revelations from disclosures from former NSA contractor Edward Snowden began to be published, US intelligence agency officials responded by claiming the program collecting the phone records of hundreds of millions of Americans had helped thwart 54 terrorist plots. That fabricated statistic gradually unraveled, especially after Senator Patrick Leahy confronted NSA director Gen. Keith Alexander during a Senate Judiciary Committee hearing.



Gen. Alexander has claimed, prior to 9/11, the NSA could not connect the dots because it did not have the dots. This is why it needs the bulk metadata program. But the government did not fail to stop hijacker Khalid al-Mihdhar because it did not have this program. “The government missed multiple opportunities to catch Mihdhar.”

In effect, the NSA is exploiting a major policy failure that led to a terrorist attack in order to justify mass surveillance. Had information been shared and had agencies responded to warnings of impending attacks, it is possible Mihdhar could have been stopped.

“The overall problem for US counterterrorism officials is not that they need the information from the bulk collection of phone data, but that they don’t sufficiently understand or widely share the information they already possess that is derived from conventional law enforcement and intelligence techniques, the study concludes. It cites a number of recent terrorism attacks where this has been the case: Headley, Maj. Nidal Hasan, Umar Farouq Abdulmutallab, Carlos Bledsoe.

This deconstruction of false statements has had an impact. Now, intelligence officials, like former NSA deputy director John Inglis (who retired on Friday), fall back on the argument that the program is an “insurance policy.”



More than six months later, officials have retreated to we must have the phone records of all Americans in a database because it helps us sleep at night. Which proves there is no actual legitimate security justification for collecting and storing the phone records of all Americans.

The only argument for continuing this program is built on an unflinching belief in subjecting a population to mass surveillance. And, when Obama says he will continue it in some form on Friday, he will be arguing for the preservation of a clearly authoritarian program.

Citizens of the USA are the most craven, cowardly people I’ve ever met.

On This Day In History January 15

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 15 is the 15th day of the year in the Gregorian calendar. There are 350 days remaining until the end of the year (351 in leap years).

On this day in 1559, Elizabeth Tudor is crowned Queen of England.

Two months after the death of her half-sister, Queen Mary I of England, Elizabeth Tudor, the 25-year-old daughter of Henry VIII and Anne Boleyn, is crowned Queen Elizabeth I at Westminster Abbey in London.

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Elizabeth I (7 September 1533 – 24 March 1603) was Queen regnant of England and Queen regnant of Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty. The daughter of Henry VIII, she was born a princess, but her mother, Anne Boleyn, was executed two and a half years after her birth, and Elizabeth was declared illegitimate. Her brother, Edward VI, bequeathed the crown to Lady Jane Grey, cutting his sisters out of the succession. His will was set aside, Lady Jane Grey was executed, and in 1558 Elizabeth succeeded the Catholic Mary I, during whose reign she had been imprisoned for nearly a year on suspicion of supporting Protestant rebels.

Elizabeth set out to rule by good counsel, and she depended heavily on a group of trusted advisers led by William Cecil, Baron Burghley. One of her first moves as queen was to support the establishment of an English Protestant church, of which she became the Supreme Governor. This Elizabethan Religious Settlement held firm throughout her reign and later evolved into today’s Church of England. It was expected that Elizabeth would marry, but despite several petitions from parliament and numerous courtships, she never did. The reasons for this outcome have been much debated. As she grew older, Elizabeth became famous for her virginity, and a cult grew up around her which was celebrated in the portraits, pageants, and literature of the day.

In government, Elizabeth was more moderate than her father and siblings. One of her mottoes was “video et taceo” (“I see, and say nothing”). This strategy, viewed with impatience by her counsellors, often saved her from political and marital misalliances. Though Elizabeth was cautious in foreign affairs and only half-heartedly supported a number of ineffective, poorly resourced military campaigns in the Netherlands, France and Ireland, the defeat of the Spanish Armada in 1588 associated her name forever with what is popularly viewed as one of the greatest victories in English history. Within 20 years of her death, she was celebrated as the ruler of a golden age, an image that retains its hold on the English people.

Elizabeth’s reign is known as the Elizabethan era, famous above all for the flourishing of English drama, led by playwrights such as William Shakespeare and Christopher Marlowe, and for the seafaring prowess of English adventurers such as Sir Francis Drake. Some historians are more reserved in their assessment. They depict Elizabeth as a short-tempered, sometimes indecisive ruler, who enjoyed more than her share of luck. Towards the end of her reign, a series of economic and military problems weakened her popularity to the point where many of her subjects were relieved at her death. Elizabeth is acknowledged as a charismatic performer and a dogged survivor, in an age when government was ramshackle and limited and when monarchs in neighbouring countries faced internal problems that jeopardised their thrones. Such was the case with Elizabeth’s rival, Mary, Queen of Scots, whom she imprisoned in 1568 and eventually had executed in 1587. After the short reigns of Elizabeth’s brother and sister, her 44 years on the throne provided welcome stability for the kingdom and helped forge a sense of national identity.

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Fast Track Bill for TPP Hits the Floor

Cross posted from The Stars Hollow Gazette

SOPA Reddit Warrior photo refresh31536000resize_h150resize_w1.jpg The bill to fast track the controversial Trans-Pacific Partnership Agreement was introduced last week

House Ways and Means Committee Chair Dave Camp (R) and top Senate Finance Committee members Max Baucus (D) and Orrin Hatch (R) on Thursday unveiled the Trade Priorities Act of 2014 that would require a simple up-or-down vote on major trade deals without the opportunity to offer amendments to pertinent bills. [..]

The Obama administration is seeking the heightened authority in trade deals, allowing the Executive Branch to smooth congressional negotiations on accords. The two major deals, both long in the works, that are likely to be subject to such legislation are the 12-nation Trans-Pacific Partnership (TPP) and the 28-nation pact with the European Union, the Trans-Atlantic Free Trade Agreement (TAFTA). The deals would establish the world’s largest so-called free-trade zones.

The US is also working on a services-trade accord with a group of nations that would encompass half of the global economy. [..]

The bill has been negotiated in secret and other than some leaked passages by WikiLeaks, only the negotiators and insider corporations have seen the full proposal which is nearing completion. There is push back in the House of Representatives that may scuttle the president’s plan to push this agreement without any debate or amendments

Late last year, 151 House Democrats signed a letter opposing the so-called fast track scheme, also known as trade promotion authority. Several House Republicans oppose fast track on the grounds that it excessively empowers the executive branch, but many others, including Speaker John Boehner (R-Ohio), support the proposal.

“Obama wants to pass it; Democrats in the House want to oppose it,” said one House Democratic aide, who was granted anonymity due to the sensitivity of the Democratic position. “Republicans are split ideologically, and want to know why they should take one for Obama.”

Nevertheless, Boehner said at a Thursday press conference that he cannot pass the bill without Democratic help. [..]

Many House Democrats are flatly opposed to the TPP and efforts to ease its passage. House Democrats are often more responsive to liberal interest groups than their Senate counterparts, and many members — including some in the Democratic Party leadership — believe that opposing TPP is good for electoral politics in 2014. While supporters of the deal argue it will increase economic growth, similar recent trade deals have undercut some U.S. industries and weakened global labor protections.

“The president has failed to find someone who is willing to introduce the bill. He’s got over 200 members to cultivate from, some of whom would like to have his support in the next election. But Democratic members are extremely skeptical of this,” Rep. Alan Grayson (D-Fla.) told HuffPost.

“We’ve tried free trade, and not only has free trade not improved the U.S. economy, it’s gutted manufacturing and driven down our labor standards,” he added, citing NAFTA as a prime example. [..]

Progressive groups came out strongly against the trade promotion authority, suggesting that approving it and the underlying trade deal would undercut efforts to curtail income inequality.

“The Trans-Pacific Partnership would be an unmitigated disaster for everything from the environment to Internet freedom and working families,” said Charles Chamberlain, the executive director of Democracy For America, a grassroots progressive organization, which intends to make trade an election-year issue.

In an interview with Huffington Post, political theorist and linguist Noam Chomsky slammed the agreement as a “neo-liberal assault”

(T)he deal, which is not yet finalized, is “designed to carry forward the neoliberal project to maximize profit and domination, and to set the working people in the world in competition with one another so as to lower wages to increase insecurity.”

Chomsky said it was “a joke” that the deal is designated a “free trade” agreement. “It’s called free trade, but that’s just a joke,” Chomsky said. “These are extreme, highly protectionist measures designed to undermine freedom of trade. In fact, much of what’s leaked about the TPP indicates that it’s not about trade at all, it’s about investor rights.”

The MIT professor also slammed the veil of secrecy that has surrounded TPP negotiations. [..]

As Chomsky noted:

“It’s very hard to make anything of the TPP because it’s been kept very secret. A half-secret, I should say. It’s not secret from the hundreds of corporate lawyers and lobbyists who are writing the legislation. To them, it’s perfectly public. They’re, in fact, writing it. It’s being kept secret from the population. Which of course raises obvious questions.”

If you haven’t done it need to tell our representatives to stop the “fast track” of the TPP. Even if you have do it again. Don’t Let Congress Fast-Track TPP.