Tag: surveillance

The Fight About Torture: Covering-up of the Cover-up

Cross posted from The Stars Hollow Gazette

Yesterday, the chairperson of the Senate Intelligence committee, Sen, Dianne Feinstein took to Senate floor for forty minutes to blast the CIA for spying on members of the Senate Intelligence Committee while they were reviewing documents at CIA headquarters. That wasn’t entirely what set her off her tirade. It was the CIA’s counter-charge, made through acting CIA general counsel Robert Eatinger, that her staff had illegally accessed and removed the document.

“Our staff involved in this matter have the appropriate clearances, handled this sensitive material according to established procedures and practice to protect classified information, and were provided access to the Panetta Review by the CIA itself,” she said.

“As a result, there is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting counsel general’s referral as a potential effort to intimidate this staff, and I am not taking this lightly.” [..]

Feinstein’s fighting words were in stark contrast to her role as a champion of NSA surveillance. In most cases, Feinstein has served as an example of how badly oversight over the intelligence community has failed, serving as an accessory to the very kind of excesses her committee was established, in the 1970s,  to prevent.

But torture has been the exception for Feinstein, who in stark contrast to President Obama has demanded an authoritative, official accounting of what happened during the Bush years.

Feinstein made it clear that she is eager for her committee’s report to become public. “If the Senate can declassify this report, we will be able to insure than an un-American, brutal program in interrogation and distension will never again be permitted.”

The CIA had apparently deleted access to documents that it had previously given the Senate Staffers

In May of 2010, the committee staff noticed that [certain] documents that had been provided for the committee’s review were no longer accessible. Staff approached the CIA personnel at the offsite location, who initially denied that documents had been removed. CIA personnel then blamed information technology personnel, who were almost all contractors, for removing the documents themselves without direction or authority. And then the CIA stated that the removal of the documents was ordered by the White House. When the committee approached the White House, the White House denied giving the CIA any such order.

After a series of meetings, I learned that on two occasions, CIA personnel electronically removed committee access to CIA documents after providing them to the committee. This included roughly 870 documents or pages of documents that were removed in February 2010, and secondly roughly another 50 were removed in mid-May 2010.

This was done without the knowledge or approval of committee members or staff, and in violation of our written agreements. Further, this type of behavior would not have been possible had the CIA allowed the committee to conduct the review of documents here in the Senate. In short, this was the exact sort of CIA interference in our investigation that we sought to avoid at the outset.

But what really got Sen. Feinstein fired up was the CIA’s lawyer Eatinger, himself, and his actions at the agency during the Bush administration:

I should note that for most if not all of the CIA’s detention and interrogation program, the now-acting general counsel was a lawyer in the CIA’s counterterrorism center, the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now, this individual is sending a crimes report to the Department of Justice on the actions of Congressional staff – the same Congressional staff who researched and drafted a report that details how CIA officers, including the acting general counsel himself, provided inaccurate information to the Department of Justice about the program.

Eatinger was the overseer of the CIA’s detention and torture program, who was implicated in the illegal destruction of the torture evidence, and is the focus of the committee’s investigation. He is now in charge of investigating himself and attempting to intimidate the Senate oversight committee and a United States Senator.

Feinstein described Eatinger’s key role as the Counterterrorism Center’s chief lawyer . . . Some things CTC lawyers did were:

   

  • Approved the use of sleep deprivation before DOJ considered the question
  • Altered the record of the original briefing to Nancy Pelosi and Porter Goss
  • Used a John Yoo freelanced memo as the basis of advice to CIA on torture
  • Collaborated with John Yoo to write a “Legal Principles” document that authorized otherwise unauthorized torture techniques

Lawyers probably associated with CTC also lied about the treatment of Hassan Ghul in 2004.

Eatinger also contributed to a CIA cover-up attempt in a key State Secrets case.

To add insult to injury, CIA Director John Brennan immediately went on the offensive:

   Well, first of all, we are not in any way, shape or form trying to thwart this report’s progression, release. As I said in my remarks, we want this behind us. We know that the committee has invested a lot of time, money and effort into this report, and I know that they’re determined to put it forward.

   We have engaged with them extensively over the last year. We have had officers sit down with them and go over their report and point out where we believe there are factual errors or errors in judgment or assessments. So we are not trying at all to prevent its release.

   As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s – that’s just beyond the – you know, the scope of reason in terms of what we would do.

   [snip]

   This review that was done by the committee was done at a facility where CIA had a responsibility to make sure that they had the computer wherewithal in order to carry out their responsibilities, and so if there was any inappropriate actions that were taken related to that review, either by CIA or by the SSCI staff, I’ll be the first one to say we need to get to the bottom of it.

   And if I did something wrong, I will go to the president, and I will explain to him exactly what I did, and what the findings were. And he is the one who can ask me to stay or to go.

The allegations of spying are a distraction. This is all about torture and covering up the war crimes.

What is it they say? It’s not the crime that gets them, it’s the cover-up.

CIA Creates New Scandal to Cover Up The Old Scandal

Cross posted from The Stars Hollow Gazette

It was revealed last week that the Central Intelligence Agency may have been spying on Senate Select Committee on Intelligence members as they investigated the agency’s involvement and cover up of torture, rendition, and black op prisons. A second inquiry has now been referred to the FBI regarding the possibility that the SSCI members may have accessed a document that the CIA didn’t want them to see. It was apparently a review of the same documents that was ordered by then director of the CIA, Leon Panetta.

It was early December when the Central Intelligence Agency began to suspect it had suffered what it regarded as an embarrassing computer breach.

Investigators for the Senate Intelligence Committee, working in the basement of a C.I.A. facility in Northern Virginia, had obtained an internal agency review summarizing thousands of documents related to the agency’s detention and interrogation program. Parts of the C.I.A. report cast a particularly harsh light on the program, the same program the agency was in the midst of defending in a prolonged dispute with the intelligence committee.

What the C.I.A. did next opened a new and even more rancorous chapter in the struggle over how the history of the interrogation program will be written. Agency officials began scouring the digital logs of the computer network used by the Senate staff members to try to learn how and where they got the report. Their search not only raised constitutional questions about the propriety of an intelligence agency investigating its congressional overseers, but has also resulted in two parallel inquiries by the Justice Department – one into the C.I.A. and one into the committee. [..]

t is unclear how or when committee investigators obtained parts of the Panetta review. One official said that they had penetrated a firewall inside the C.I.A. computer system that had been set up to separate the committee’s work area from other agency digital files, but exactly what happened will not be known until the Justice Department completes its inquiry.

Several officials said that the C.I.A. never intended to give the internal memos to the Senate, partly under the justification that they were draft documents intended for the C.I.A. director and therefore protected under executive privilege authorities.

Another justification was that the Panetta Review began in 2009, three years after the agreed upon 2006 end date for the document transfer.

But by late last year, Democrats on the committee increased pressure on the C.I.A. to formally hand over the internal review. Senator Feinstein wrote a letter to Mr. Brennan, and Senator Mark Udall of Colorado disclosed the existence of the review during an open hearing on Dec. 17.

In retaliation for the Inspector General’s request that that the Justice Department look into criminal violations by the CIA for spying on the Senate committee members, the legal council for the CIA has opened a second investigation accusing the committee members of having accessed and remove the document they didn’t want them to see, “The Panetta Report.”

The New York Times’ Mark Mazzetti joined MSNBC’s Now host Alex Wagner on the [standoff between the CIA and congress ] over a potentially explosive intelligence report the Senate Intelligence Committee prepared on the CIA’s former program of rendition, detention and interrogation.

How interesting that Obama and the Senate made Brennan the head of the CIA. Now the man who was complicit for the authorization for torture and detention policies of the Bush regime is able to cover up his own war crimes.

‘We’re heading towards a dystopian surveillance society’

MSNBC’s “Now” host Alex Wagner interviewed Julian Assange from his refuge at the Ecuadoran Embassy in London. He discusses the surveillance stata, his exile and Edward Snowden.

I don’t discount Arthur’s opinion

I do not discount the opinions of Arthur Silber & Chris Floyd in the least with respect to the fact that the billionaire P. Omidyar is funding the new investigative journalism venture at First Look.  My basic understanding of Arthur’s objection is that Snowden, Greenwald et al have no right to declare themselves gate-keepers of information.

That criticism is unassailable in a true democracy.  I let it stand, pretending that we live in one.

At the same time, should Greenwald’s, Scahill’s, Wheeler’s, Poitras’s and Taibbi’s integrity hit rock bottom simultaneously, as a result of being funded by a billionaire patron, as Bob Woodward’s certainly did, I will be publicly kissing many asses on the courthouse lawn.

Arthur, if you’re right (and I’m not certain he isn’t), I will kiss your ass on the courthouse lawn and consider it a privilege.

With Love,

CF

CIA May Have Spied on Its Overseers

Cross posted from The Stars Hollow Gazette

In an article from McCaltchy, it was revealed that the Central Intelligence Agency may have been spying on Senate Select Committee on Intelligence members as they investigated the agency’s involvement and cover up of torture, rendition, and black op prisons. The allegation that the CIA hacked the computers used by committee staffers preparing the 6300 page report has led to the CIA’s Inspector General to request the Justice Department to open an investigation of the SIA’s actions which may have been a violation of an agreement between the committee and the agency.

In question now is whether any part of the committee’s report, which took some four years to compose and cost $40 million, will ever see the light of day.

The report details how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture, according to public statements by committee members. It also shows, members have said, how the techniques didn’t provide the intelligence that led the CIA to the hideout in Pakistan where Osama bin Laden was killed in a 2011 raid by Navy SEALs.

The committee determined earlier this year that the CIA monitored computers – in possible violation of an agreement against doing so – that the agency had provided to intelligence committee staff in a secure room at CIA headquarters that the agency insisted they use to review millions of pages of top-secret reports, cables and other documents, according to people with knowledge.

Sen. Ron Wyden, D-Oregon, a panel member, apparently was referring to the monitoring when he asked CIA Director John Brennan at a Jan. 29 hearing if provisions of the Federal Computer Fraud and Abuse Act “apply to the CIA? Seems to me that’s a yes or no answer.”

Brennan replied that he’d have to get back to Wyden after looking into “what the act actually calls for and it’s applicability to CIA’s authorities.”

At the New York Times, Mark Mazzetti reports:

The origins of the current dispute date back more than a year, when the committee completed its work on a 6,000-page report about the Bush administration’s detention and interrogation program. People who have read the study said it is a withering indictment of the program and details many instances when C.I.A. officials misled Congress, the White House and the public about the value of the agency’s brutal interrogation methods, including waterboarding.

The report has yet to be declassified, but last June, John O. Brennan, the C.I.A. director, responded to the Senate report with a 122-page rebuttal challenging specific facts in the report as well as the investigation’s overarching conclusion – that the agency’s interrogation methods yielded little valuable intelligence.

Then, in December, Mr. Udall revealed that the Intelligence Committee had become aware of an internal C.I.A. study that he said was “consistent with the Intelligence Committee’s report” and “conflicts with the official C.I.A. response to the committee’s report.”

It appears that Mr. Udall’s revelation is what set off the current fight, with C.I.A. officials accusing the Intelligence Committee of learning about the internal review by gaining unauthorized access to agency databases.

Marcy Wheeler explained the lead up to these new revelations:

In January, Ron Wyden and Mark Udall suggested that CIA was hacking into US computers.

   Wyden asked (43;04) John Brennan whether the federal Computer Fraud and Abuse Act applied to the CIA.

       

Wyden: Does the federal Computer Fraud and Abuse Act apply to the CIA?

       Brennan: I would have to look into what that act actually calls for and its applicability to CIA’s authorities. I’ll be happy to get back to you, Senator, on that.

       Wyden: How long would that take?

       Brennan: I’ll be happy to get back to you as soon as possible but certainly no longer than-

       Wyden: A week?

       Brennan: I think that I could get that back to you, yes.

   Minutes later, Mark Udall raised EO 12333′s limits on CIA’s spying domestically (48:30).

     

Udall: I want to be able to reassure the American people that the CIA and the Director understand the limits of its authorities. We are all aware of Executive Order 12333. That order prohibits the CIA from engaging in domestic spying and searches of US citizens within our borders. Can you assure the Committee that the CIA does not conduct such domestic spying and searches?

       Brennan: I can assure the Committee that the CIA follows the letter and spirit of the law in terms of what CIA’s authorities are, in terms of its responsibilities to collect intelligence that will keep this country safe. Yes Senator, I do.

The NYT’s notes that it appears the spying began after the committee members accessed documents that the CIA didn’t want them to see. The next question should be, how did the CIA know what documents were accessed if they weren’t already monitoring the members? What were in those documents that the CIA didn’t want to be seen?

One of the questions that Sen. Udall asked Brennan was if the Computers Crimes and Abuse Act (18 USC § 1030) applied to the CIA. This was part of Brennan’s response

The answer is the statute does apply. The Act, however, does not expressly prohibit any lawfully authorized investigative, protective, or intelligence activity , , , of an intelligence agency of the United States,

It appears not only did the CIA violate the Computer Fraud and Abuse Act, the National Securities Act and EO 12333 but Brennan lied about it to the Senate Intelligence Committee. Why does he still have his job?

A Whistleblower and former NSA Lawyer Debate the Snowden Effect

The great debate in the media and on the internet is was the disclosure of the NSA’s massive spying apparatus in the United States and across the globe by Edward Snowden justified. Former National Security Agency lawyer Stewart Baker and Pentagon Papers whistleblower Daniel Ellsberg joined Democracy Now!‘s Amy Goodman and Juan González to debate that question.

Snowden’s leaks to The Guardian and other media outlets have generated a series of exposés on NSA surveillance activities – from its collection of American’s phone records, text messages and email, to its monitoring of the internal communications of individual heads of state. Partly as a consequence of the government’s response to Snowden’s leaks, the United States plunged 13 spots in an annual survey of press freedom by the independent organization, Reporters Without Borders. Snowden now lives in Russia and faces possible espionage charges if he returns to the United States.



Transcript can be read here

This debate will continue for quite some time.

Snowden’s Lawyer Interrogated in UK

It should not come as a surprise that Jesselyn Radack, a human rights advocate, whistleblower group member and lawyer to former NSA contractor Edward Snowden was detained and interrogated when she arrived at London’s Heathrow Airport. Firedoglake’s KEvin Gosztola spoke with Ms. Radack after the incident which she described as “very hostile.”

As Radack recalled, she was asked why she was here. “To see friends,” she answered. “Who will you be seeing?” She answered, “A group called Sam Adams Associates.”

The agent wanted to know who was in the group. “Ray McGovern, Annie Machon, Thomas Drake, Craig Murray,” she answered. She said she is part of the group as well.

“Where will you meet?” Radack answered, “At the Ecuadorian Embassy.” Then, the agent asked, “With Julian Assange?” Radack said yes.

The interrogation continued, “Why have you gone to Russia twice in three months?” Radack said she had a client in the country. “Who?” She answered, “Edward Snowden.”

“Who is Edward Snowden?” asked the agent. Radack said he is a whistleblower and an asylee. Then, the agent asked, “Who is Bradley Manning?” To this, she answered, “A whistleblower.”

For whatever reason, the agent asked, “Where is he?” “In jail,” Radack told the agent. (Now, she is known as Chelsea Manning.)

The agent said, “So he’s a criminal?” Radack corrected the agent, “He’s a political prisoner.” The agent asked if she represented Manning and she said no. Then he followed up, “But you represent Snowden?” She replied, “Yes, I’m a human rights lawyer.”

NSA whistleblower Thomas Drake, who was traveling with her, witnessed the questioning, said the border agent had a “threatening demeanor.” Ms. Raddack was informed by the agent that she has been placed on US Department of Homeland Security “inhibited persons list” which was created in March of 2012 as an effort to impose US laws on the rest of the world. The United Kingdom agreed to the new rules to provide information to the DHS even if the passenger of all nationalities, is not traveling to the US.

Ms. Radack told RT News about the humiliating ordeal and her concerns:

“Clearly any kind of line of questioning into the details of my work and specific clients is beyond the ambit of what any normal customs official would ask,” Radack told RT.

“I feel like lawyers and journalists are now beginning to be targeted at the borders of countries in the Western Hemisphere, in so-called democratic countries.It’s a threat to press freedoms when journalists are questioned. And it’s a threat to the integrity of the judicial system when attorney who are working on someone’s case are being harassed or intimidated on the basis of who they represent.” [..]

Following the ordeal at Heathrow, Radack came out with a public statement denouncing the whole practice and the harassment it often entails: “The government, whether in the US, UK or elsewhere does not have the authority to monitor, harass or intimidate lawyers for representing unpopular clients.” [..]

Radack once told RT that despite the fact that “it’s a dangerous time for whistleblowers in the US,” Snowden’s revelations have had a big effect as “courage is contagious.” She added that “I really think [Snowden] has had a wonderful effect [on] the US and the world.”

Ms. Radack spoke with Democracy Now!‘s Amy Goodman from London.



Transcript can be read here

The US and the UK have evolved into fascist states something thath they fought against in 1940.

Obama Targets Another American for Assassination by Drone

Cross posted from The Stars Hollow Gazette

On September 30, 2011, President Barack Obama authorized the assassination of Anwar al-Awlaki, a U.S. citizen by virtue of his birth in New Mexico in 1971, by an American drone in Yemen along with another U.S. citizen, Samir Khan, who grew up in New York City and Charlotte, North Carolina. Two weeks later, Awlaki’s 16-year-old son, Abdulrahman, was killed by another US strike in Yemen. Jude Kenan Mohammad, alleged to have at one stage been part of an eight-man terror cell in North Carolina, was killed by a US drone strike in Pakistan later in 2011. These assassinations made Barack Obama the first president known president to have authorized the assassination of a US citizen.

Now, as was reported by the Associated Press, Pres. Obama is trying to find a way to legally justify the assassination of another American citizen living in Pakistan. The target has been accused, without evidence, of plotting attacks against America with Al Qaeda:

The CIA drones watching him cannot strike, because he’s a US citizen and the Justice Department must build a case against him, a task it hasn’t completed.

Four US officials said the American suspected terrorist is in a country that refuses US military action on its soil and that has proved unable to go after him. And President Obama’s new policy says American suspected terrorists overseas can only be killed by the military, not the CIA, creating a policy conundrum for the White House. [..]

Under new guidelines Obama addressed in a speech last year to calm anger overseas at the extent of the US drone campaign, lethal force must only be used “to prevent or stop attacks against US persons, and even then, only when capture is not feasible and no other reasonable alternatives exist to address the threat effectively.” The target must also pose “a continuing, imminent threat to US persons” – the legal definition of catching someone in the act of plotting a lethal attack.

Co-founders of the new digital magazine Jeremy Scahill and Glenn Greenwald discuss the issue of another American being targeted for assassination with [Democracy Now! ]’s Amy Goodman.

While the Associated Press had agreed to keep the name and location of Pres. Obama’s latest target, his location was disclosed by the Los Angeles Times.

Why should we, as Americans, accept that the Executive Branch can act as judge, jury and executioner without a trial in a duly recognized court of law? Where is any evidence that this person is a threat or even doing what the Obama administration charges are his alleged crimes? At FDL Dissenter, Kevin Gosztola asks why should a news organization should conceal the target’s identity and location for an administration that has touted greater transparency:

Knowing where he is currently located would help one understand this story appropriately. So, in what country would certain officials like to be able to launch an attack? [..]

It seems reasonable to question this decision by the AP to not publish. The decision bears a distinct similarity to refusing to print that a secret drone base is located in a certain country when covering the issue of drones, which US media organizations have previously done.

If it is illegal to add the person to a list and the government cannot come up with a legal way to launch a US military attack because the country opposes it, why should a media organization play the role of not “interrupting” this “ongoing counterterror operation”?

Just how many alleged American members of al Qaeda are there? This report disseminated on the Internet could now aid an “enemy” in figuring out some details on the extent to which he is being tracked and monitored for assassination in order to stop him from launching more attacks on Americans overseas. So, it would seem if AP really wants to protect counterterror operations from “interruption” they would simply not publish the story at all.

The story was given to Associated Press reporter Kimberly Dozier by four anonymous “US officials,” who were not authorized to speak, and a “senior administration official” possibly from the Department of Justice may have political undertones. Marcy Wheeler suggested that the sources may have been congressional staffers since Dozier mentioned Rep. Mike Rogers (R-MI), the chair of the House Intelligence Committee, who is upset because Obama’s new guidelines would impede the assassination of another American.

Whatever the allegations are against this person, it does not legally justify the use of a drone to target an American in a sovereign country that we are not at war with or without due process. Breaking the law under the guise of protecting America from terrorist attack is not justifiable. Regardless of who is in the Oval Office, the US should be a nation of laws and respect the constitutional rights of its citizens.

Death by Metadata

Cross posted at The Stars Hollow Gazette

In their premier article for the new online magazine, The Intercept, co-founders Jeremy Scahill and Glenn Greenwald take an in-depth look at how the NSA mass surveillance plays an intrinsic role in President Barack Obama’s assassination program. In the article they reveal how the NSA is providing information that targets, not an individual, but a nameless SIM cards that have led to the deaths of innocent civilians:

According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. [..]

In one tactic, the NSA “geolocates” the SIM card or handset of a suspected terrorist’s mobile phone, enabling the CIA and U.S. military to conduct night raids and drone strikes to kill or capture the individual in possession of the device. [..]

One problem, he explains, is that targets are increasingly aware of the NSA’s reliance on geolocating, and have moved to thwart the tactic. Some have as many as 16 different SIM cards associated with their identity within the High Value Target system. Others, unaware that their mobile phone is being targeted, lend their phone, with the SIM card in it, to friends, children, spouses and family members.

As a result, even when the agency correctly identifies and targets a SIM card belonging to a terror suspect, the phone may actually be carried by someone else, who is then killed in a strike. According to the former drone operator, the geolocation cells at the NSA that run the tracking program – known as Geo Cell – sometimes facilitate strikes without knowing whether the individual in possession of a tracked cell phone or SIM card is in fact the intended target of the strike. [..]

What’s more, he adds, the NSA often locates drone targets by analyzing the activity of a SIM card, rather than the actual content of the calls. Based on his experience, he has come to believe that the drone program amounts to little more than death by unreliable metadata.

(emphasis mine)

Jeremy and Glenn joined Democracy Now!‘s Amy Goodman to discuss the NSA’s secret role in President Obama’s assassination program and, defying the threats, the launch of The Intercept.



Transcript can be read here



Transcript can be read here

Today We Fight Back

Today we take action to end the massive surveillance of the National Security Agency (NSA).

Today We Fight BAck photo 11484530_m_zpsa0cbe199.png

Click on image to participate

End NSA Massive Spying Programs

Dear Supporter,

We’ve told you about TODAY’s massive action against mass spying — and now it’s time to act.  We’re calling today The Day We Fight Back, and dozens of large organizations and websites and thousands of smaller ones are mobilizing their members and visitors to demand an end to broad suspicion-less surveillance.  

We announced it on the anniversary of the passing of Aaron Swartz, to honor him and to celebrate the victory over SOPA that he helped us achieve two years ago.

Today We Fight BAck photo 11484530_m_zpsa0cbe199.png

If all of the organizations and sites that have signed on to the cause press forward today, we should be able to drive tens of thousands of phone calls to lawmakers to demand that the NSA’s mass spying programs be reined in.

Will you place one of those calls?  It’ll only take 2 minutes, and we’ll make it easy for you by giving you a call script and connecting you to the right office.

Just click here to call your lawmakers.

Then, or if you can’t call, please click here to send an email to your lawmakers

We understand the United States to be a democracy, founded upon a Constitution that affords us critical rights, and governed by the rule of law.

Yet for years, the NSA has exploited secret legal interpretations to undermine our privacy rights — thus chilling speech and activism, and thereby threatening to subvert the very underpinnings of our democracy itself.

We are demanding that decision makers remedy this by:

  * Passing the USA FREEDOM Act, which would end the bulk collection of Americans’ phone records and institute other key reforms.

  * Defeating the so-called FISA Improvements Act, which would entrench — and potentially expand — the spying.

  * Creating additional privacy protections for non-Americans.

  * Ending the NSA’s subversion of encryption and other data security measures.

And we’re not even that far from winning on at least one key front:

The USA FREEDOM Act has more than 100 bipartisan sponsors, including two powerful lead sponsors: Chairman of the Senate Judiciary Committee Patrick Leahy (D-VT) and Representative James Sensenbrenner (R-WI), who was the original author of the PATRIOT Act and is furious that it has been abused to spy on Americans en masse.

This summer an amendment that’s very similar to parts of the USA FREEDOM Act failed to pass in the House of Representatives by just a handful of votes. Enough lawmakers now say they would have voted in support that it would pass if it came up for a vote today.

Now we need to force a vote on the issue in the House, and a first vote on it in the Senate — and we’ll do that by putting pressure on lawmakers by calling and emailing them today.  Tens of thousands of people are poised to join the cause: Please be one of them.

Just click here to call your lawmakers.

Then, or if you can’t call, please click here to send an email to your lawmakers

We’re going to persist in this fight, and we will win it.

In Solidarity,

Tim Carpenter

PDA National Director

We are in this fight together. It is time to act and end the massive surveillance of the NSA. Do it for yourself, for the future and to remember Aaron.

Today We Fight BAck photo 11484530_m_zpsa0cbe199.png

Just click here to call your lawmakers.

Then, or if you can’t call, please click here to send an email to your lawmakers

Snowden Answers Questions

Cross posted from The Stars Hollow Gazette

Yesterday afternoon NSA whistleblower Edward Snowden answered questions in s candid on line chat. He responded not only to questions about what he believes should be done about the massive NSA surveillance programs and the threats to his life but countered some of the spurious accusations that he acted in concert with the Russians and stole his co-workers passwords.

@mperkel #ASKSNOWDEN They say it’s a balance of privacy and safety. I think spying makes us less safe. do you agree?

Intelligence agencies do have a role to play, and the people at the working level at the NSA, CIA, or any other member of the IC are not out to get you. They’re good people trying to do the right thing, and I can tell you from personal experience that they were worried about the same things I was.

The people you need to watch out for are the unaccountable senior officials authorizing these unconstitutional programs, and unreliable mechanisms like the secret FISA court, a rubber-stamp authority that approves 99.97% of government requests (which denied only 11 requests out of 33,900 in 33 years http://www.motherjones.com/mojo/2013/06/fisa-court-nsa-spying-opinion-reject-request. They’re the ones that get us into trouble with the Constitution by letting us go too far.

And even the President now agrees our surveillance programs are going too far, gathering massive amounts of private records on ordinary Americans who have never been suspected of any crime. This violates our constitutional protection against unlawful searches and seizure. Collecting phone and email records for every American is a waste of money, time and human resources that could be better spent pursuing those the government has reason to suspect are a serious threat.

I’m going to stop here. My deepest thanks to everyone who sent questions, and whether or not we agree on where the lines should be drawn, I encourage you to contact your members of congress and tell them how you feel about mass surveillance. This is a global problem, and the first step to tackling it is by working together to fix it at home.

If you’d like to more ideas on how to push back against unconstitutional surveillance, consider taking a look at the organizations working together to organize https://thedaywefightback.org/. [..]

@LukasReuter #AskSnowden How should the community of states react to the new information concerning surveillance? What actions have to be made?

We need to work together to agree on a reasonable international norm for the limitations on spying. Nobody should be hacking critical-to-life infrastructure like hospitals and power stations, and it’s fair to say that can be recognized in international law.

Additionally, we need to recognize that national laws are not going to solve the problem of indiscriminate surveillance. A prohibition in Burundi isn’t going to stop the spies in Greenland. We need a global forum, and global funding, committed to the development of security standards that enforce our right to privacy not through law, but through science and technology. The easiest way to ensure a country’s communications are secure is to secure them world-wide, and that means better standards, better crypto, and better research. [..]

@RagBagUSA #AskSnowden what (in your opinion) is the appropriate extent of US national security apparatus? Surely some spying is needed?

Not all spying is bad. The biggest problem we face right now is the new technique of indiscriminate mass surveillance, where governments are seizing billions and billions and billions of innocents’ communication every single day. This is done not because it’s necessary – after all, these programs are unprecedented in US history, and were begun in response to a threat that kills fewer Americans every year than bathtub falls and police officers – but because new technologies make it easy and cheap.

I think a person should be able to dial a number, make a purchase, send an SMS, write an email, or visit a website without having to think about what it’s going to look like on their permanent record. Particularly when we now have courts, reports from the federal government, and even statements from Congress making it clear these programs haven’t made us any more safe, we need to push back.

This is a global problem, and America needs to take the lead in fixing it. If our government decides our Constitution’s 4th Amendment prohibition against unreasonable seizures no longer applies simply because that’s a more efficient means of snooping, we’re setting a precedent that immunizes the government of every two-bit dictator to perform the same kind of indiscriminate, dragnet surveillance of entire populations that the NSA is doing.

It’s not good for our country, it’s not good for the world, and I wasn’t going to stand by and watch it happen, no matter how much it cost me. The NSA and the rest of the US Intelligence Community is exceptionally well positioned to meet our intelligence requirements through targeted surveillance – the same way we’ve always done it – without resorting to the mass surveillance of entire populations.

When we’re sophisticated enough to be able to break into any device in the world we want to (up to and including Angela Merkel’s phone, if reports are to be believed), there’s no excuse to be wasting our time collecting the call records of grandmothers in Missouri. [..]

@savagejen Do you think it is possible for our democracy to recover from the damage NSA spying has done to our liberties? #AskSnowden

Yes. What makes our country strong is our system of values, not a snapshot of the structure of our agencies or the framework of our laws. We can correct the laws, restrain the overreach of agencies, and hold the senior officials responsible for abusive programs to account.

The Russian government has extended Mr. Snowden’s asylum beyond next August, possibly indefinitely.

The lawmaker, Aleksei K. Pushkov, chairman of the foreign affairs committee in Russia’s lower house of Parliament, hinted during a panel discussion that the extension of temporary refugee status for Mr. Snowden, the former National Security Agency contractor, might be indefinite.

“He will not be sent out of Russia,” Mr. Pushkov said. “It will be up to Snowden.”

He added that Mr. Snowden’s father believes his son could not get a fair trial in the United States.

Mr. Pushkov made his comments came against a backdrop of broad criticism of the American spying programs that have come to light since the summer. He pointed to the sheer volume of information that American authorities are able to gather.

“The U.S. has created a Big Brother system,” Mr. Pushkov said.

Greenwald: NSA Reforms Just a Bad PR Campaign

Journalist and constitutional lawyer Glenn Greenwald and  the executive director of the American Civil Liberties Union Anthony D Romero discussed President Barack Obama’s new NSA “reforms” with Alex Wagner, the host of MSNBC’s “Now.”

Obama’s NSA ‘reforms’ are little more than a PR attempt to mollify the public

By Glenn Greenwald, The Guardian

Obama is draping the banner of change over the NSA status quo. Bulk surveillance that caused such outrage will remain in place

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America’s most significant political scandals. Predictably, it is the same one that shaped President Obama’s much-heralded Friday speech to announce his proposals for “reforming” the National Security Agency in the wake of seven months of intense worldwide controversy.

The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge. [..]

Today’s speech should be seen as the first step, not the last, on the road to restoring privacy. The causes that drove Obama to give this speech need to be, and will be, stoked and nurtured further until it becomes clear to official Washington that, this time around, cosmetic gestures are plainly inadequate.

Here is the press release from the ACLU commenting on the President’s NSA speech:

January 17, 2014

FOR IMMEDIATE RELEASE

CONTACT: [email protected]

WASHINGTON – President Obama today announced changes to some aspects of the NSA’s surveillance programs and left others in place. Anthony D. Romero, the executive director of the American Civil Liberties Union, had this reaction:

“The president’s speech outlined several developments which we welcome. Increased transparency for the Foreign Intelligence Surveillance Court, improved checks and balances at the FISA court through the creation of a panel of advocates, and increased privacy protections for non-U.S. citizens abroad – the first such assertion by a U.S. president – are all necessary and welcome reforms.

“However, the president’s decision not to end bulk collection and retention of all Americans’ data remains highly troubling. The president outlined a process to study the issue further and appears open to alternatives. But the president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”

A new chart comparing the ACLU’s proposals, President Obama’s announcement, and the USA FREEDOM Act (a bipartisan bill currently pending in Congress) is at: aclu.org/national-security/where-does-president-stand-nsa-reform

ACLU Action is demanding an end to dragnet surveillance at: aclu.org/endsurveillance

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