Tag: National Security Agency

While the Senate failed to pass the USA Freedom Act during Sunday’s emergency session, it did get past a cloture vote to continue debate and consider amendments that could either weaken or strengthen the already inadequate reform of the controversial Section 215 of the Patriot Act. So for the moment, the most egregious parts of the act which violate the Fourth Amendment have expired. So what next? There is no chance to renew the Patriot Act, as the Senate Republican leadership would prefer. Amending the US Freedom Act would necessitate the bill being returned to the House for another vote or hash out the details in a conference committee. None of this looks good for a resolution anytime soon, which is not entirely a bad thing.

McConnell introduced a handful of amendments Sunday evening on behalf of himself and Senate Intelligence Committee Chairman Richard Burr (R-N.C.). Paul and Sen. Bernie Sanders (I-Vt.) has also attempted to bring up amendments of their own, but they were blocked.

Paul’s opposition will push votes on both those amendments and the final bill back to Tuesday at the earliest, and potentially Wednesday.

The House would then either need to vote on the new bill or hash out the details in a conference committee.

Rep. Justin Amash (R-Mich.) – an NSA critic – warned senators against adding amendments to the legislation that could potentially weaken the bill in the eyes of its supporters.

“On the House side, there’s not support for a more watered down version of the Freedom Act,” he said. “If they want to get something passed through the House, they need to make it better not worse.“

Pulitzer Prize-winning journalist with The Intercept, Glenn Greenwald gave his reaction to the expiration of the act and the fear mongering that will ensue to Democracy Now!‘s Amy Goodman’

The internecine GOP politics surrounding this are quite a maze since it involves not just Sen. Paul’s candidacy for president in 2016, but power fights between the House and Senate leaderships. Sen. McConnell and House Speaker John Boehner (R-OH) are not exactly best of friends.

The game is now in the Senate and could mean the permanent end of Section 215. Let’s keep our fingers crossed they screw this up.  

Former Assistant Secretary of State for Public Affairs in the Jimmy Carter administration Hodding Carter III has changed his mind about Edward Snowden whose leaks of NSA programs to the public has sparked the debate a the renewal of the Patriot Act. In an article in Salon, he explains  his change of heart and offered an apology to The Intercept‘s Glenn Greenwald.

Glenn Greenwald, I’m sorry: Why I changed my mind on Edward Snowden

What follows is based on sixty years of experience in public life and journalism. It arises from deepening concern about the people’s limited appreciation of the First Amendment and disgust with media waffling behind timidity’s breastworks. It also arises from urgent unease about government overreach in the name of “homeland security,” an overreach based on post-9/11 fear, political opportunism and an all but explicit assertion that a free people do not need to know and should not demand to know how they are being protected. There is no pretense here of carefully allocated balance, that briefly treasured convention of American journalism. Instead, this is an attempt to explain the evolution of today’s media-government confrontations and to suggest answers to the hard questions that currently face the press when national security clashes with the Bill of Rights.

Unless informed consent is to be treated as a dangerous relic of more tranquil times, these questions should be answered on behalf of the American people as often as they arise. That means applying general principles to specific cases. Knowing the evolution of press freedom can be useful. Having an accurate picture of the chaotic realities of the murky present is crucial. Hard cases are inevitable; hard-and-fast rules are rarely available and too often inapplicable to current conditions. In the end, as always, it is up to each journalist and news organization to be willing to stand alone, to ask, and to answer individually:

“Whose side are you on?”

Mr. Carter and Glenn Greenwald appeared on MSNBC’s “The Last Word” to discuss the surveillance and the firght over the renewal of the Patriot Act.

Whose side are you on?

C-Span is fast becoming my late night entertainment channel. The Senate’s votes on the House USA Freedom Act and Senate Majority Leader Mitch McConnell’s attempts to extend the Patriot Act provisions for mass surveillance, for even one day past June 1, were well worth staying up to the early morning hours well worth the loss of sleep. (Not that I don’t anyway.) It was, at last, an epic #FAIL for the spies and fear mongers on both votes.

By a vote of 57-42, the USA Freedom Act failed on Friday to reach the 60-vote threshold needed to advance in the Senate after hours of procedural manoeuvering lasted into the wee hours Saturday morning.

The result left the Senate due to reconvene on May 31, just hours before a wellspring of broad NSA and FBI domestic spying powers will expire at midnight.

Architects of the USA Freedom Act had hoped that the expiration at the end of May of the Patriot Act authorities, known as Section 215, provided them sufficient leverage to undo the defeat of 2014 and push their bill over the line.

The bill was a compromise to limit the scope of government surveillance. It traded the end of NSA bulk surveillance for the retention through 2019 of Section 215, which permits the collection of “business records” outside normal warrant and subpoena channels – as well as a massive amount of US communications metadata, according to a justice department report. [..]

On Saturday morning, after both cloture votes failed, Senate majority leader Mitch McConnell asked for unanimous consent to extend the Patriot Act for a week. Paul objected. Objections were then heard from Paul, as well as from Oregon Democrat Ron Wyden and New Mexico Democrat Martin Heinrich on four-day, two-day and one-day extensions. Eventually McConnell gave up and announced that the Senate would adjourn until 31 May, the day before the key provisions of the Patriot Act expire. [..]

Those who want a straight extension of the Patriot Act are in a distinct minority and supporters of the USA Freedom Act still cannot muster the necessary super majority to advance the bill. The result means those who are more than happy to simply let Section 215 expire on May 31 are in the driver’s seat.

When reporters asked Paul on Saturday morning whether he was concerned about the provisions of the Patriot Act expiring at the end of the month, the Kentucky Republican seemed unworried “We were liking the constitution for about 200 years and I think we could rely on the constitution.”

Watch Sen. Paul shut down Sen McConnell’s attempts to extend the Patriot Act,

Also caught in that clip was Sen. Huckleberry Butchmeup rolling his eyes and picking his nose as Sen. Paul was speaking.

This was Marcy Wheeler’s (emptywheel) reaction on the proceedings

It’s not certain just how “legal” Pres. Obama’s request to the FISA court would be considering the federal appeals court ruling last week that found the N.S.A.’s bulk collection of phone records illegal.

The Senate will return from the Memorial Day break one day early, on May 31, to reconsider an extension of the three provisions of the Patriot Act that will expire the next day.

Let me say two things. First, I am ashamed that any Democrat supported the farce House bill that does nothing to protect our Fourth Amendment rights. Sorry, Sen. Boxer, this is not protecting our county.

Second, a hearty thanks to Senator Rand Paul, who for the fist time that I can remember, went past Charles Pierce’s five minute rule for anything he says.

The battle over citizens’ right to privacy and the government’s mass collection of private data that has nothing to do with protecting the country from terrorist attacks, is coming to a head on June 1. That’s when the Patriot Act’s section 215, the provision of the act that the NSA used to authorize its bulk telephone metadata collection program, must either be renewed by congress or it expires. The problem is the lack of interest by the American public. In an extended segment of his HBO program, “This Week Tonight,” John Oliver found a subject that might pique their interest, “dick pics.” He presented his idea to Edward Snowden in a one on one exclusive interview.

So why all the trouble? In theory, Snowden’s revelations are old, they have proven to be either inaccessible or not titillating enough for the American public, and Oliver already covered the issue himself on the show in an interview with former NSA chief General Keith Alexander less than a year ago.

As it turns out, Oliver wasn’t satisfied. Using the June 1 expiration of controversial sections of the Patriot Act as a peg, Oliver decided to revive the conversation anew by highlighting one specific aspect of the surveillance issue that a majority of Americans could relate to.

And Sunday’s final product is earning Oliver plaudits across the Internet. In the interview, Oliver accomplishes several feats. He’s not only funny (Snowden apparently misses eating Hot Pockets, the sodium vehicle of the American freezer section), but also incisive and tough. [..]

But most notably of all, Oliver might finally have pinpointed a way to make the debate about surveillance accessible to a wide audience. By honing on one aspect of the government surveillance, the capacity for intelligence agencies to access “dick pics,” he captures the attention and summons the outrage of numerous passersby in a filmed segment in Times Square. Many of those interviewed can’t properly identify Edward Snowden or don’t quite recall what he had done, but all recoil at the thought of government access to intimate photography.

Thanks to John’s interview and the above viral video, which at this posting has

4,723,977 views, the movement to end mass surveillance has new life.

Privacy advocates experienced a major setback in November when a surveillance reform bill, the FREEDOM Act, died in a Senate procedural vote. But now they’re back, and with a new, simple question for Americans – Can they see your junk?

Playing off Oliver’s hilarious skit, one privacy activist built cantheyseemydick.com, which breaks down how each NSA program could be used to access private communications. Despite its flippant tone, the website offers simple explanations of complex programs that are difficult to understand.

On a more serious note, a new coalition of privacy groups led by the Electronic Frontier Foundation (EFF) today launched the Fight 215 campaign calling for an end to the NSA’s bulk collection of Americans’ phone records.

EFF activist Nadia Kayyali told TechCrunch the organizations launched the campaign today because of the impending deadline, but they were very excited about the Last Week Tonight with John Oliver skit and the attention it has already brought to surveillance reform.

With this campaign, the privacy advocates have taken a direct stance, end the bulk collection of Americans’ telephone records. [..]

Even with the new public attention on surveillance reform, privacy advocates face an uphill battle in Congress. Although surveillance reform is an issue that does not fall squarely on party lines, reform efforts in the Democratic-controlled Senate last year were thwarted primarily by Republican votes. Now Republicans control both chambers of Congress.

As the June 1 deadline approaches, no one in Congress has laid out a comprehensive plan to address government surveillance this year. Kayyali attributes the lack of action on the Hill to uncertainty.

“I think a lot of people, including people who want to see good legislation passed, weren’t certain where to start from,” Kayyali said. “It’s hard to say what Congress is thinking.”

As members look to form that plan, Kayyali hopes the new campaign will send them a clear message.

EEF and thirty other civil liberties organizations have launched a call in campaign, Fight 215. They will help connect you to your representatives to tell them to end mass surveillance.

Call Congress Now

Urge them to end mass surveillance under the Patriot Act.

What to say

Hi,

I’m one of your constituents, and I’m calling to urge you to end the NSA’s unconstitutional mass surveillance under the Patriot Act.

NSA surveillance illegally invades my privacy, along with millions of other innocent people, without making me safer.

Ending phone record surveillance is the first step to reining in surveillance abuses by the NSA. The time to put pressure on congress is now.

The NSA, FBI and DOJ are upset with the new Apple and Google encryption apps that they can’t hack. The poor Director of the FBI, James Comey is “concerned” so he plays the “fear card”

“I am a huge believer in the rule of law, but I also believe that no one in this country is beyond the law,” Comey told reporters at FBI headquarters in Washington. “What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law.”

Apple said last week that it would no longer be technically feasible to unlock encrypted iPhones and iPads for law enforcement because the devices would no longer allow user passcodes to be bypassed. The move comes as tech companies struggle to manage public concerns in the aftermath of last year’s leak of classified National Security Agency documents about government access to private user data. [..]

“Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data,” the company said. “So it’s not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8.”

Comey said that while he understood the need for privacy, government access to mobile devices may be needed in extreme circumstances, such as in the event of a terror attack.

“I like and believe very much that we should have to obtain a warrant from an independent judge to be able to take the content of anyone’s closet or their smart phone,” he said. “The notion that someone would market a closet that could never be opened — even if it involves a case involving a child kidnapper and a court order — to me does not make any sense.”

Comey said FBI officials have had conversations with both Apple and Google about the marketing of their devices.

“Google is marketing their Android the same way: Buy our phone and law-enforcement, even with legal process, can never get access to it,” he said.

Why anyone would think that the guy who approved torture believes in the rule of law is beyond me. Trevor Timm at The Guardian dissects what Comey said:

Comey began:

  I am a huge believer in the rule of law, but I also believe that no one in this country is beyond the law. … What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law.

First of all, despite the FBI director’s implication, what Apple and Google have done is perfectly legal, and they are under no obligation under the “the rule of law” to decrypt users’ data if the company itself cannot access your stuff. From 47 U.S. Code § 1002 (emphasis mine):

   A telecommunications carrier shall not be responsible for decrypting, or ensuring the government’s ability to decrypt, any communication encrypted by a subscriber or customer, unless the encryption was provided by the carrier and the carrier possesses the information necessary to decrypt the communication.

Comey continued:

   I like and believe very much that we should have to obtain a warrant from an independent judge to be able to take the content of anyone’s closet or their smart phone.

That’s funny, because literally four months ago, the United States government was saying the exact opposite (pdf) before the US supreme court, arguing that, in fact, the feds shouldn’t need to get a warrant to get inside anyone’s smartphone after you’re arrested. In its landmark June ruling in the case, Riley v California, the court disagreed. So it’s great to see that Jim Comey, too, has come around to the common sense conclusion that cops need a warrant to search your cellphone data, but it would’ve been nice for him to express those sentiments when they actually mattered.

Comey doubled down in another statement with the absurd fear that criminals, like child kidnappers would be able to evade the law. On its face that’s insanely ridiculous since law enforcement has numerous ways tools to access your data. The Intercept‘s Micah Lee points out that Apple still has access to plenty of your data to feed to the Feds. He went on how bemoan the NSA leaks by Edward Snowden has caused the need to protect a person’s private information may have gone too far. How so, Mr. Comey? As Timm notes in his article

Congress has not changed surveillance law at all in the the nearly 16 months since Edward Snowden’s disclosures began, mostly because of the vociferous opposition from intelligence agencies and cops. The pendulum is still permanently lodged squarely on law enforcement’s side. If it has swung at all, it’s because of the aforementioned ruling by the supreme court of the United States, along with tech companies implementing more privacy protections unilaterally because US tech companies are losing billions of dollars because of the government’s spying scandals.

A week ago, The Intercept‘s Glenn Greenwald gave a Ted Talk in Rio de Janeiro on why your privacy matters

Crypto wars redux: why the FBI’s desire to unlock your private life must be resisted

In 1995, the US government tried – and failed – to categorise encryption as a weapon. Today, the same lines are being drawn and the same tactics repeated as the FBI wants to do the same. Here’s why they are wrong, and why they must fail again

Eric Holder, the outgoing US attorney general, has joined the FBI and other law enforcement agencies in calling for the security of all computer systems to be fatally weakened. This isn’t a new project – the idea has been around since the early 1990s, when the NSA classed all strong cryptography as a “munition” and regulated civilian use of it to ensure that they had the keys to unlock any technological countermeasures you put around your data.

In 1995, the Electronic Frontier Foundation won a landmark case establishing that code was a form of protected expression under the First Amendment to the US constitution, and since then, the whole world has enjoyed relatively unfettered access to strong crypto. [..]

The arguments then are the arguments now. Governments invoke the Four Horsemen of the Infocalypse (software pirates, organised crime, child pornographers, and terrorists) and say that unless they can decrypt bad guys’ hard drives and listen in on their conversations, law and order is a dead letter.

On the other side, virtually every security and cryptography expert tries patiently to explain that there’s no such thing as “a back door that only the good guys can walk through” (hat tip to Bruce Schneier). Designing a computer that bad guys can’t break into is impossible to reconcile with designing a computer that good guys can break into.

If you give the cops a secret key that opens the locks on your computerised storage and on your conversations, then one day, people who aren’t cops will get hold of that key, too. The same forces that led to bent cops selling out the public’s personal information to Glen Mulcaire and the tabloid press will cause those cops’ successors to sell out access to the world’s computer systems, too, only the numbers of people who are interested in these keys to the (United) Kingdom will be much larger, and they’ll have more money, and they’ll be able to do more damage.

Long live The Republic.

Are you on the Department of Homeland Security’s Terrorist Watch List or No-Fly List? If you are, there is no way for you to find out but we now know what the criteria is and it’s pretty fast and loose with the rules. The Intercept investigative journalists Jeremy Scahill and Ryan Devereaux have obtained a copy of the guidelines from a document that was issued by the National Counterterrorism Center, the “March 2013 Watchlisting Guidance.” In an extensive article, they examine how the government is using secret rules  “putting individuals on its main terrorist database, as well as the no fly list and the selectee list, which triggers enhanced screening at airports and border crossings.”

The new guidelines allow individuals to be designated as representatives of terror organizations without any evidence they are actually connected to such organizations, and it gives a single White House official the unilateral authority to place “entire categories” of people the government is tracking onto the no fly and selectee lists. It broadens the authority of government officials to “nominate” people to the watchlists based on what is vaguely described as “fragmentary information.” It also allows for dead people to be watchlisted.

Over the years, the Obama and Bush Administrations have fiercely resisted disclosing the criteria for placing names on the databases-though the guidelines are officially labeled as unclassified. In May, Attorney General Eric Holder even invoked the state secrets privilege to prevent watchlisting guidelines from being disclosed in litigation launched by an American who was on the no fly list. In an affidavit, Holder called them a “clear roadmap” to the government’s terrorist-tracking apparatus, adding: “The Watchlisting Guidance, although unclassified, contains national security information that, if disclosed … could cause significant harm to national security.” [..]

The document’s definition of “terrorist” activity includes actions that fall far short of bombing or hijacking. In addition to expected crimes, such as assassination or hostage-taking, the guidelines also define destruction of government property and damaging computers used by financial institutions as activities meriting placement on a list. They also define as terrorism any act that is “dangerous” to property and intended to influence government policy through intimidation.

This combination-a broad definition of what constitutes terrorism and a low threshold for designating someone a terrorist-opens the way to ensnaring innocent people in secret government dragnets. It can also be counterproductive. When resources are devoted to tracking people who are not genuine risks to national security, the actual threats get fewer resources-and might go unnoticed. [..]

The fallout is personal too. There are severe consequences for people unfairly labeled a terrorist by the U.S. government, which shares its watchlist data with local law enforcement, foreign governments, and “private entities.” Once the U.S. government secretly labels you a terrorist or terrorist suspect, other institutions tend to treat you as one. It can become difficult to get a job (or simply to stay out of jail). It can become burdensome-or impossible-to travel. And routine encounters with law enforcement can turn into ordeals. [..]

The government has been widely criticized for making it impossible for people to know why they have been placed on a watchlist, and for making it nearly impossible to get off. The guidelines bluntly state that “the general policy of the U.S. Government is to neither confirm nor deny an individual’s watchlist status.” But the courts have taken exception to the official silence and footdragging: In June, a federal judge described the government’s secretive removal process as unconstitutional and “wholly ineffective.”

The difficulty of getting off the list is highlighted by a passage in the guidelines stating that an individual can be kept on the watchlist, or even placed onto the watchlist, despite being acquitted of a terrorism-related crime. The rulebook justifies this by noting that conviction in U.S. courts requires evidence beyond a reasonable doubt, whereas watchlisting requires only a reasonable suspicion. Once suspicion is raised, even a jury’s verdict cannot erase it.

Not even death provides a guarantee of getting off the list. The guidelines say the names of dead people will stay on the list if there is reason to believe the deceased’s identity may be used by a suspected terrorist-which the National Counterterrorism Center calls a “demonstrated terrorist tactic.” In fact, for the same reason, the rules permit the deceased spouses of suspected terrorists to be placed onto the list after they have died.

Essentially, once a person is on these lists their Fourth Amendment rights are completely ignored, as Mike Masnick at Techdirt points out individuals are subjected to extra scrutiny, essentially allowing the government to sift through every aspect of a person’s life:

In addition to data like fingerprints, travel itineraries, identification documents and gun licenses, the rules encourage screeners to acquire health insurance information, drug prescriptions, “any cards with an electronic strip on it (hotel cards, grocery cards, gift cards, frequent flyer cards),” cellphones, email addresses, binoculars, peroxide, bank account numbers, pay stubs, academic transcripts, parking and speeding tickets, and want ads. The digital information singled out for collection includes social media accounts, cell phone lists, speed dial numbers, laptop images, thumb drives, iPods, Kindles, and cameras. All of the information is then uploaded to the TIDE (Terrorist Identities Datamart Environment) database.

Screeners are also instructed to collect data on any “pocket litter,” scuba gear, EZ Passes, library cards, and the titles of any books, along with information about their condition-“e.g., new, dog-eared, annotated, unopened.” Business cards and conference materials are also targeted, as well as “anything with an account number” and information about any gold or jewelry worn by the watchlisted individual. Even “animal information” – details about pets from veterinarians or tracking chips-is requested. The rulebook also encourages the collection of biometric or biographical data about the travel partners of watchlisted individuals.

At FDL’s The Dissenter, Kevin Gosztola discusses how this loop-hole ridden criteria violate a person’s rights and are inherently discriminatory towards Muslims:

There are a few general points to make in order to fully understand what this vague criteria for watchlisting means.

First of all, it is important not to ignore the anti-Muslim racism that likely influences a number of aspects of the watchlisting process. The idea that Muslims are “predisposed” to commit acts of violence is pervades the national security establishment. Training materials on fighting terrorism have been used by government agencies in previous years that deal with theories of “radicalization” and such training promotes prejudice, as evidenced by the fact that one NSA official used the slur “Mohammed Raghead” in an NSA memo.

Second, a federal district court in Oregon recently decided violated due process rights of Americans placed on the No-Fly List because it is nearly impossible to challenge inclusion and clear one’s name. The ACLU represented thirteen Americans, who have never engaged in any terrorist activity, in this case. Each person experienced hardship because they ended up on the No-Fly List.

The guidance shows why there needs to be a process established for getting off watchlists, especially the No-Fly List.

Finally, there is absolutely no reasonable justification for why this rulebook and any version of it from 2001 to 2014 should be secret. The watchlisting guidance is marked “unclassified.” There is nothing in it that will endanger any Americans.

Jeremy and Ryna sat down for an an interview with Huffington Post‘s Alyona Minkovski. During the discussion, Ryan called the these guidelines a “global stop and frisk program.”

Recently there were two court rulings that pertain to getting off the No-Fly list and a Supreme Court decision that bars warrantless searches of cell phones. Precisely how how those rulings will impact the guidelines remains to be seen but it is fairly obvious that the Obama administration has little regard for the rule of law.

On July 10, NSA whistleblower Edward Snowden sat down for an interview with Alan Rusbridger, editor-in-chief of the Guardian, and reporter Ewen MacAskill in Moscow.

Over the course of seven hours, he talked about the need for professionals to protect the confidentiality of their clients in the light of the surveillance by spy agencies. He also spoke about his life in Moskow and the specious accusations that he was spying for Russia or had given the information he took from the NSA to Russian authorities.

(Snowden):

• Said if he ended up in US detention in Guantánamo Bay he could live with it.

• Offered rare glimpses into his daily life in Russia, insisting that, contrary to reports that he is depressed, he is not sad and does not have any regrets. He rejected various conspiracy theories surrounding him, describing as “bullshit” suggestions he is a Russian spy.

• Said that, contrary to a claim he works for a Russian organisation, he was independently secure, living on savings, and money from awards and speeches he has delivered online round the world.

• Made a startling claim that a culture exists within the NSA in which, during surveillance, nude photographs picked up of people in “sexually compromising” situations are routinely passed around.

• Spoke at length about his future, which seems destined to be spent in Russia for the foreseeable future after expressing disappointment over the failure of western European governments to offer him a home.

• Said he was holding out for a jury trial in the US rather a judge-only one, hopeful that it would be hard to find 12 jurors who would convict him if he was charged with an offence to which there was a public interest defence. Negotiations with the US government on a return to his country appear to be stalled.

Cross posted from The Stars Hollow Gazette

The National Security Agency and the Federal Bureau if Investigation was given authorization by a judge with the top-secret Foreign Intelligence Surveillance Court to spy on five Americans because of their political activity and, umm, their Middle Eastern names:

Meet the Muslim-American Leaders the FBI and NSA Have Been Spying On

By Glenn Greenwald and Murtaza Hussain

he National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans-including a political candidate and several civil rights activists, academics, and lawyers-under secretive procedures intended to target terrorists and foreign spies.

According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:

• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;

• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;

• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;

• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;

• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”-short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens.he National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans-including a political candidate and several civil rights activists, academics, and lawyers-under secretive procedures intended to target terrorists and foreign spies.

According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:

• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;

• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;

• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;

• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;

• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”-short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens. [..]

The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press. Some have even climbed the ranks of the U.S. national security and foreign policy establishments.

[..]

Asim Ghafoor says his first-hand experience working on behalf of other Muslim-Americans has led him to believe that “the U.S. government embarked on a very systematic approach” to target his community.

“I saw the government specifically go after Muslim people who were involved in certain activities such as charity work, humanitarian work, political activism,” he says. “Maybe they had some website that had some speeches that nobody ever read or even noticed, maybe they had some bloodcurdling speeches. So the government just treated you like you were blowing up the next tower. They treated you like you were going to be the Manchurian Candidate, you were going to destroy America from within. There were U.S. attorneys, FBI agents, DHS agents, customs agents all over the country that were trying to find the next terror cell in their midst. If you were involved in those activities and maybe you were on a student visa and you didn’t quite fill out the paperwork, you were hosed. There is no question about it, you were worse off than a migrant worker in Dubai. You were just packed up and sent home. Life became very, very unbearable for them.”

Even a U.S. citizen like Faisal Gill, who served his country both in the armed forces and in the White House, found himself spied on by his own government. “I was a very conservative, Reagan-loving Republican,” he says. “If somebody like me could be surveilled, then [there are] other people out there I can only imagine who are under surveillance.

“I went to school here as a fourth grader – learned about the Revolutionary War, learned about individual rights, Thomas Jefferson, all these things,” he continues. “That is ingrained in you – your privacy is important. And to have that basically invaded for no reason whatsoever – for the fact that I didn’t do anything – I think that’s troubling. And I think that certainly goes to show how we need to shape policy differently than it is right now.”

As per Huffington Post‘s Ryan Grim, Glenn Greenwald received the permission of all five named in the article before printing their names.

This is the Democratic administration of Barack Hussein Obama.

Cross posted from The Stars Hollow Gazette

During an hour “fireside” chat at this week’s Southland Conference on technology, entrepreneurship and southern culture, former Vice President Al Gore was asked about Eric Snowden by Sarah Lacey. His answer, when asked if Snowden was a hero or traitor, was quite clear:

   I hear this question all the time…I’m like most people, I don’t put (Snowden) in either one of those categories. But I will be candid – if you set up a spectrum, I would push it more away from the traitor side. He clearly violated the law (so) you can’t say OK what he did is alright. It is not.

   But what he revealed in the course of violating important laws included violations of the Constitution that were way more serious than the crimes he committed. In the course of violating important laws he also provided an important service because we did need to know how far this has gone.

He then added his concerns about the mass surveillance by the NSA:

This is a threat to the heart of democracy. Democracy is among other things a state of mind. If any of us are put in a position where we have to self censor, and think twice about what we write in an email, or what we click on for fear that somebody reading a record of this may misunderstand why we looked up some disease or something, some young people who might otherwise get help with a medical condition, might think oh my gosh if I put down a search for bipolar illness I will be stigmatized if my online file is hacked or accessed by my employer. That kills democracy.

Edward Snowden’s NSA leaks ‘an important service’, says Al Gore

By Ewan MacAskill, The Guardian

Former vice-president argues whistleblower exposed ‘violations of US constitution far more serious than crimes he committed’

Asked if he regarded Snowden as a traitor or whistleblower, Gore veered away from the “traitor” label. He refused to go as far as labelling him a whistleblower but signalled he viewed him as being closer to that category than a traitor, saying: “What he revealed in the course of violating important laws included violations of the US constitution that were way more serious than the crimes he committed.” [..]

Gore called on the internet companies to work with the public to help draw up a “digital Magna Carta” that provides protection of freedoms. “They need to pay attention to correcting some of these gross abuses of individual privacy that are ongoing in the business sphere,” he said.

Snowden’s hope of a return to the US is dependent on a change in a major shift in opinion that would allow him to escape a lengthy prison sentence. His supporters will seize on Gore’s comments to help make the case that he is a whistleblower and should be allowed to return to the US as a free man. Ben Wizner, Snowden’s US-based lawyer, said: “Al Gore is quite obviously right. Regrettably, the laws under which Snowden is being charged make no allowance for the value of the information he disclosed. Whether the NSA’s activities violated the law or the constitution would be irrelevant in a trial under the Espionage Act.”

This conversation about our privacy and the government disregard of the Constitution in the name of security is not over by a long shot.

If you want to be a firsthand witness to a truly brilliant, textbook example of how to cut U.S. government propaganda off at its knees before it even begins to take its first breath in the MSM (somewhat surprisingly, by New York Times’ government stenographer David Sanger, no less), look no further than Edward Snowden’s powerful response in tonight’s Washington Post, and Marcy Wheeler’s double-dose of commentary and analysis over at her Emptywheel blog for some serious and beautifully executed lessons! (John Podesta, are you taking copious notes?)

As many will realize after reading these incredibly disparate NYT and WaPo reports, even open-minded Snowden-haters (I know, that’s an oxymoron) would have to admit their home team was completely schooled in tonight’s news cycle.

First, the government’s stenography courtesy of the NYT…

N.S.A. Releases Email That It Says Undercuts Snowden’s Whistle-Blower Claim

By DAVID E. SANGER

NEW YORK TIMES

MAY 29, 2014

WASHINGTON – The National Security Agency on Thursday released what it said was the sole internal email from Edward J. Snowden before he fled with a trove of agency secrets, and officials asserted that the message undercut his argument that he protested the legality of surveillance programs before he released any of the documents he stole to journalists.

The email to the N.S.A. general counsel’s office, dated April 8, 2013, makes no reference to the government’s bulk collection of telephone data or other surveillance or cyberprograms. Nor does it raise concerns about violations of privacy.

Instead, Mr. Snowden was seeking clarification about the hierarchy of laws governing the N.S.A., based on what he had learned in an agency training course about privacy protection rules for handling intercepted information.

By the time the email was sent, Mr. Snowden, who was a private contractor and not an agency employee, had already implanted software in the N.S.A. system that was copying its files automatically. Two months later, the first of those files were made public by journalists who had received them from Mr. Snowden.

The N.S.A. released the email in response to Mr. Snowden’s assertion in an interview with Brian Williams of NBC News that was broadcast on Wednesday night. In the interview, Mr. Snowden said he had raised complaints both in Hawaii and at the N.S.A. headquarters at Fort Meade, Md., about “real problems with the way the N.S.A. was interpreting its legal authorities…”

The Secret Sentry: National Security Archive Electronic Briefing Book No. 278

The Secret Sentry: The Untold History of the National Security Agency discloses that the U.S. invasion of Iraq in 2003 was far from the first time when U.S. government officials, including senior military commanders and the White House, “cherry picked” intelligence information to fit preconceived notions or policies and ignored intelligence which ran contrary to their expectations. The Secret Sentry and the documents posted today show that widespread manipulation of intelligence also occurred during the Korean and Vietnam Wars for example, when Washington ignored intelligence on Chinese intervention in Korea, resulting in catastrophic consequences………………