Category Archives: Privacy

The Sunday Times’ Snowden Story is Journalism at its Worst — and Filled with Falsehoods

Glenn Greenwald
The Intercept: June 14, 2015

Western journalists claim that the big lesson they learned from their key role in selling the Iraq War to the public is that it’s hideous, corrupt and often dangerous journalism to give anonymity to government officials to let them propagandize the public, then uncritically accept those anonymously voiced claims as Truth. But they’ve learned no such lesson. That tactic continues to be the staple of how major U.S. and British media outlets “report,” especially in the national security area. And journalists who read such reports continue to treat self-serving decrees by unnamed, unseen officials — laundered through their media — as gospel, no matter how dubious are the claims or factually false is the reporting.

We now have one of the purest examples of this dynamic. Last night, the Murdoch-owned Sunday Times published their lead front-page Sunday article, headlined “British Spies Betrayed to Russians and Chinese.” Just as the conventional media narrative was shifting to pro-Snowden sentiment in the wake of a key court ruling and a new surveillance law, the article (behind a paywall: full text here) claims in the first paragraph that these two adversaries “have cracked the top-secret cache of files stolen by the fugitive U.S. whistleblower Edward Snowden, forcing MI6 to pull agents out of live operations in hostile countries, according to senior officials in Downing Street, the Home Office and the security services.” It continues:

Western intelligence agencies say they have been forced into the rescue operations after Moscow gained access to more than 1m classified files held by the former American security contractor, who fled to seek protection from Vladimir Putin, the Russian president, after mounting one of the largest leaks in US history.

Senior government sources confirmed that China had also cracked the encrypted documents, which contain details of secret intelligence techniques and information that could allow British and American spies to be identified.

One senior Home Office official accused Snowden of having “blood on his hands,” although Downing Street said there was “no evidence of anyone being harmed.”

Aside from the serious retraction-worthy fabrications on which this article depends — more on those in a minute — the entire report is a self-negating joke. It reads like a parody I might quickly whip up in order to illustrate the core sickness of Western journalism.

Unless he cooked an extra-juicy steak, how does Snowden “have blood on his hands” if there is “no evidence of anyone being harmed?” As one observer put it last night in describing the government instructions these Sunday Times journalists appear to have obeyed: “There’s no evidence anyone’s been harmed but we’d like the phrase ‘blood on his hands’ somewhere in the piece.”

The whole article does literally nothing other than quote anonymous British officials. It gives voice to banal but inflammatory accusations that are made about every whistleblower from Daniel Ellsberg to Chelsea Manning. It offers zero evidence or confirmation for any of its claims. The “journalists” who wrote it neither questioned any of the official assertions nor even quoted anyone who denies them. It’s pure stenography of the worst kind: some government officials whispered these inflammatory claims in our ears and told us to print them, but not reveal who they are, and we’re obeying. Breaking!

Stephen Colbert captured this exact pathology with untoppable precision in his 2006 White House Correspondents speech, when he mocked American journalism to the faces of those who practice it:

But, listen, let’s review the rules. Here’s how it works.The President makes decisions. He’s the decider. The press secretary announces those decisions, and you people of the press type those decisions down. Make, announce, type. Just put ’em through a spell check and go home. Get to know your family again. Make love to your wife. Write that novel you got kicking around in your head. You know, the one about the intrepid Washington reporter with the courage to stand up to the administration? You know, fiction!

The Sunday Times article is even worse because it protects the officials they’re serving with anonymity. The beauty of this tactic is that the accusations can’t be challenged. The official accusers are being hidden by the journalists so nobody can confront them or hold them accountable when it turns out to be false. The evidence can’t be analyzed or dissected because there literally is none: they just make the accusation and, because they’re state officials, their media-servants will publish it with no evidence needed. And as is always true, there is no way to prove the negative. It’s like being smeared by a ghost with a substance that you can’t touch.

This is the very opposite of journalism. Ponder how dumb someone has to be at this point to read an anonymous government accusation, made with zero evidence, and accept it as true.

But it works. Other news agencies mindlessly repeated the Sunday Times claims far and wide. I watched last night as American and British journalists of all kinds reacted to the report on Twitter: by questioning none of it. They did the opposite: they immediately assumed it to be true, then spent hours engaged in somber, self-serious discussions with one another over what the geopolitical implications are, how the breach happened, what it means for Snowden, etc. This is the formula that shapes their brains: anonymous self-serving government assertions = Truth. 

By definition, authoritarians reflexively believe official claims — no matter how dubious or obviously self-serving, even when made while hiding behind anonymity — because that’s how their submission functions. Journalists who practice this sort of primitive reporting — I uncritically print what government officials tell me, and give them anonymity so they have no accountability for any it — do so out of a similar authoritarianism, or uber-nationalism, or laziness, or careerism. Whatever the motives, the results are the same: government officials know they can propagandize the public at any time because subservient journalists will give them anonymity to do so and will uncritically disseminate and accept their claims.

At this point, it’s hard to avoid the conclusion that journalists want it this way. It’s impossible that they don’t know better. The exact kinds of accusations laundered in the Sunday Times today are made — and then disproven — in every case where someone leaks unflattering information about government officials.

In the early 1970s, Nixon officials such as John Ehrlichman and Henry Kissinger planted accusations in the U.S. media that Daniel Ellsberg had secretly given the Pentagon Papers and other key documents to the Soviet Union; everyone now knows this was a lie, but at the time, American journalists repeated it constantly, helping to smear Ellsberg. That’s why Ellsberg has constantly defended Snowden and Chelsea Manning from the start: because the same tactics were used to smear him.

The same thing happened with Chelsea Manning. When WikiLeaks first began publishing the Afghan War logs, U.S. officials screamed that they — all together now — had “blood on their hands.” But when some journalists decided to scrutinize rather than mindlessly repeat the official accusation (i.e., some decided to do journalism), they found it was a fabrication. […]

An AP report was headlined “AP review finds no WikiLeaks sources threatened,” and explained that “an Associated Press review of those sources raises doubts about the scope of the danger posed by WikiLeaks’ disclosures and the Obama administration’s angry claims, going back more than a year, that the revelations are life-threatening.” Months earlier, McClatchy’s Nancy Youssef wrote an article headlined “Officials may be overstating the dangers from WikiLeaks,” and she noted that “despite similar warnings ahead of the previous two massive releases of classified U.S. intelligence reports by the website, U.S. officials concede that they have no evidence to date that the documents led to anyone’s death.”

Now we have exactly the same thing here. There’s an anonymously made claim that Russia and China “cracked the top-secret cache of files” from Snowden’s, but there is literally zero evidence for that claim. These hidden officials also claim that American and British agents were unmasked and had to be rescued, but not a single one is identified. There is speculation that Russia and China learned things from obtaining the Snowden files, but how could these officials possibly know that, particularly since other government officials are constantly accusing both countries of successfully hacking sensitive government databases?

What kind of person would read evidence-free accusations of this sort from anonymous government officials — designed to smear a whistleblower they hate — and believe them? That’s a particularly compelling question given that Vice’s Jason Leopold just last week obtained and published previously secret documents revealing a coordinated smear campaign in Washington to malign Snowden. Describing those documents, he reported: “A bipartisan group of Washington lawmakers solicited details from Pentagon officials that they could use to ‘damage’ former NSA contractor Edward Snowden’s ‘credibility in the press and the court of public opinion.’”

Manifestly then, the “journalism” in this Sunday Times article is as shoddy and unreliable as it gets. Worse, its key accusations depend on retraction-level lies.

The government accusers behind this story have a big obstacle to overcome: namely, Snowden has said unequivocally that when he left Hong Kong, he took no files with him, having given them to the journalists with whom he worked, and then destroying his copy precisely so that it wouldn’t be vulnerable as he traveled. How, then, could Russia have obtained Snowden’s files as the story claims — “his documents were encrypted but they weren’t completely secure ” — if he did not even have physical possession of them?

The only way this smear works is if they claim Snowden lied, and that he did in fact have files with him after he left Hong Kong. The Sunday Times journalists thus include a paragraph that is designed to prove Snowden lied about this, that he did possess these files while living in Moscow:

It is not clear whether Russia and China stole Snowden’s data, or whether he voluntarily handed over his secret documents in order to remain at liberty in Hong Kong and Moscow.

David Miranda, the boyfriend of the Guardian journalist Glenn Greenwald, was seized at Heathrow in 2013 in possession of 58,000 “highly classified” intelligence documents after visiting Snowden in Moscow.

What’s the problem with that Sunday Times passage? It’s an utter lie. David did not visit Snowden in Moscow before being detained. As of the time he was detained in Heathrow, David had never been to Moscow and had never met Snowden. The only city David visited on that trip before being detained was Berlin, where he stayed in the apartment of Laura Poitras.

The Sunday Times “journalists” printed an outright fabrication in order to support their key point: that Snowden had files with him in Moscow. This is the only “fact” included in their story that suggests Snowden had files with him when he left Hong Kong, and it’s completely, demonstrably false (and just by the way: it’s 2015, not 1971, so referring to gay men in a 10-year spousal relationship with the belittling term “boyfriends” is just gross).

Then there’s the Sunday Times claim that “Snowden, a former contractor at the CIA and National Security Agency (NSA), downloaded 1.7m secret documents from western intelligence agencies in 2013.” Even the NSA admits this claim is a lie. The NSA has repeatedly said that it has no idea how many documents Snowden downloaded and has no way to find out. As the NSA itself admits, the 1.7 million number is not the number the NSA claims Snowden downloaded — they admit they don’t and can’t know that number — but merely the amount of documents he interacted with in his years of working at NSA. Here’s then-NSA chief Keith Alexander explaining exactly that in a 2014 interview with the Australian Financial Review:

AFR: Can you now quantify the number of documents [Snowden] stole?

Gen. Alexander: Well, I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting. What we do have an accurate way of counting is what he touched, what he may have downloaded, and that was more than a million documents.

Let’s repeat that: “I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting.” Yet someone whispered to the Sunday Times reporters that Snowden downloaded 1.7 million documents, so like the liars and propagandists that they are, they mindlessly printed it as fact. That’s what this whole article is.

Then there’s the claim that the Russian and Chinese governments learned the names of covert agents by cracking the Snowden file, “forcing MI6 to pull agents out of live operations in hostile countries.” This appears quite clearly to be a fabrication by the Sunday Times for purposes of sensationalism, because if you read the actual anonymous quotes they include, not even the anonymous officials claim that Russia and China hacked the entire archive, instead offering only vague assertions that Russia and China “have information.”

Beyond that, how could these hidden British officials possibly know that China and Russia learned things from the Snowden files as opposed to all the other hacking and spying those countries do? Moreover, as pointed out last night by my colleague Ryan Gallagher — who has worked for well over a year with the full Snowden archive — “I’ve reviewed the Snowden documents and I’ve never seen anything in there naming active MI6 agents.” He also said: “I’ve seen nothing in the region of 1m documents in the Snowden archive, so I don’t know where that number has come from.”

Finally, none of what’s in the Sunday Times is remotely new. US and UK government officials and their favorite journalists have tried for two years to smear Snowden with these same claims. In June, 2013, the New York Times gave anonymity to “two Western intelligence experts, who worked for major government spy agencies” who “said they believed that the Chinese government had managed to drain the contents of the four laptops that Mr. Snowden said he brought to Hong Kong.” The NYT‘s Public Editor chided the paper for printing that garbage, and as I reported in my book, then-editor-in-chief Jill Abramson told The Guardian’s Janine Gibson that they should not have printed that, calling it “irresponsible.” (And that’s to say nothing of the woefully ignorant notion that Snowden — or anyone else these days – stores massive amounts of data on “four laptops” as opposed to tiny thumb drives).

The GOP’s right-wing extremist Congressman Mike Rogers constantly did the same thing. He once announced with no evidence that “Snowden is working with Russia” — a claim even former CIA Deputy Director Michael Morell denies — and also argued that Snowden should “be charged with murder” for causing unknown deaths. My personal favorite example of this genre of reckless, desperate smears is the Op-Ed which the Wall Street Journal published in May, 2014, by neocon Edward Jay Epstein, which had this still-hilarious paragraph:

A former member of President Obama’s cabinet went even further, suggesting to me off the record in March this year that there are only three possible explanations for the Snowden heist: 1) It was a Russian espionage operation; 2) It was a Chinese espionage operation, or 3) It was a joint Sino-Russian operation.

It must be one of those, an anonymous official told me! It must be! Either Russia did it. Or China did it. Or they did it together! That is American journalism.

The Sunday Times today merely recycled the same evidence-free smears that have been used by government officials for years — not only against Snowden, but all whistleblowers — and added a dose of sensationalism and then baked it with demonstrable lies. That’s just how western journalism works, and it’s the opposite of surprising. But what is surprising, and grotesque, is how many people (including other journalists) continue to be so plagued by some combination of stupidity and gullibility, so that no matter how many times this trick is revealed, they keep falling for it. If some anonymous government officials said it, and journalists repeat it while hiding who they are, I guess it must be true. 

 

UPDATE: The Sunday Times has now quietly deleted one of the central, glaring lies in its story: that David Miranda had just met with Snowden in Moscow when he was detained at Heathrow carrying classified documents. By “quietly deleted,” I mean just that: they just removed it from their story without any indication or note to their readers that they’ve done so (though it remains in the print edition and thus requires a retraction). That’s indicative of the standard of “journalism” for the article itself. Multiple other falsehoods, and all sorts of shoddy journalistic practices, remain thus far unchanged.

(read the full article at The Intercept)

Wikileaks Releases Documents from Shady “Trade in Services Agreement,” or TISA

Michael Krieger
Liberty Blitzkrieg: June 5, 2015

If it sounds complicated, it is. The important point is that this trade agreement contains a crucial discussion of governments’ abilities to meaningfully protect civil liberties. And it is not being treated as a human rights discussion. It is being framed solely as an economic issue, ignoring the implications for human rights, and it is being held in a classified document that the public is now seeing months after it was negotiated, and only because it was released through WikiLeaks. 

The process is also highly secretive—in fact, trade agreement texts are classified. While the executive branch does consult with members of Congress, even congressional staffers with security clearance have until recently been prevented from seeing the texts. Furthermore, certain trade industry advisers are allowed access to U.S. negotiating objectives and negotiators that the public and public interest groups do not have.

– From the Slate article: Privacy Is Not a Barrier to Trade

If you haven’t heard about about the Trade in Services Agreement, aka TISA, don’t worry, you’re not alone. While I had heard of it before, I never read anything substantial about it until today. What sparked my reading interest on the subject were a series of very troubling articles published via several media outlets following a document dump by Wikileaks. Here’s how the whistleblower organization describes the TISA leak on it document release page:

WikiLeaks releases today 17 secret documents from the ongoing TISA (Trade In Services Agreement) negotiations which cover the United States, the European Union and 23 other countries including Turkey, Mexico, Canada, Australia, Pakistan, Taiwan & Israel — which together comprise two-thirds of global GDP. “Services” now account for nearly 80 per cent of the US and EU economies and even in developing countries like Pakistan account for 53 per cent of the economy. While the proposed Trans-Pacific Partnership (TPP) has become well known in recent months in the United States, the TISA is the larger component of the strategic TPP-TISA-TTIP ‘T-treaty trinity’. All parts of the trinity notably exclude the ‘BRICS’ countries of Brazil, Russia, India, China and South Africa. 

I’ve covered the extreme dangers of what’s colloquially known as trade “fast track” authority previously. In the post, As the Senate Prepares to Vote on “Fast Track,” Here’s a Quick Primer on the Dangers of the TPP, I noted:

Passing this corporate giveaway masquerading as a “free trade deal” is a lengthy process; a process that begins today with a Senate vote on Trade Promotion Authority (TPA), also known as “fast track.”  Passing TPA would be Congress agreeing to neuter itself to a yes or no vote on a trade pact and ceding its power to amend it. Even worse, it would give trade deals this expedited process for six years, thus outlasting the current Administration, and applying to other “trade” deals like the TTIPMind you, TPA is being voted on while the TPP text remains completely hidden from the public.

Naturally, “fast track” ultimately passed through the corrupt, rancid body known as the U.S. Senate despite the best efforts of people such as Elizabeth Warren to stop it. As noted in the above paragraph, fast track isn’t just about the TPP, it covers other deals already well in the works such as TTIP and TISA. Makes you wonder whether these other deals are even worse.

For more information on TISA, let’s turn to the Huffington Post:

The latest leak purports to include 17 documents from negotiations on the Trade In Services Agreement, a blandly named trade deal that would cover the United States, the European Union and more than 20 other countries. More than 80 percent of the United States economy is in service sectors.

According to the Wikileaks release, TISA, as the deal is known, would take a major step towards deregulating financial industries, and could affect everything from local maritime and air traffic rules to domestic regulations on almost anything if an internationally traded service is involved.

The pact would be one of three enormous deals whose passage through Congress could be eased with passage of Trade Promotion Authority, also known as fast-track authority. The Senate has passed fast-track, and it could be taken up in the House this month.

“Today’s leaks of TISA (trade in services) text reveal once again how dangerous Fast Track Authority is when it comes to protecting citizen rights vs. corporate rights,” he added. “This TISA text again favors privatization over public services, limits governmental action on issues ranging from safety to the environment using trade as a smokescreen to limit citizen rights.”

The Office of the United States Trade Representative and top European officials have repeatedly denied that TISA or the Transatlantic deal would impact local laws, releasing a joint statement to that effect earlier this spring.

Still, the Wikileaks documents suggest that World Trade Organization-style tribunals would be expanded under TISA, and that such tribunals convened to resolve trade disputes can impact local laws. One such WTO tribunal ruled last month that the United States must repeal its laws requiring meat to be labeled with its country of origin, or face punitive tariffs on exports.

I covered this ruling a couple of weeks ago in the post: Congress Moves to Eliminate Labels Showing Consumers Where Meat Comes from Following WTO Ruling

Moving along to the UK Independent’s coverage of TISA:

Wikileaks has warned that governments negotiating a far-reaching global service agreement are ‘surrendering a large part of their global sovereignty’ and exacerbating the social inequality of poorer countries in the process.

The Trade in Services Agreement exposed in a 17 document dump by Wikileaks on Thursday relates to ongoing negotiations to lock market liberalizations into global law.

Under the agreement, retailers like Zara or Marks & Spencers would have the right to open stores in any of the signing countries and be treated like domestic companies. A nationalized service, such as the British telecoms industry in the eighties, would have to ensure it was not harming competition under these terms. 

Wikileaks says that corporations would be able to use the law in its current form to hold sway over governments, deciding whether laws promoting culture, protecting the environment or ensuring equal access to services were ‘unnecessarily burdensome’, or whether knowledge of indigenous culture or public services was essential to achieve ‘parity’.

“In other words, unaccountable private ‘trade’ tribunals would decide how countries could regulate activities that are fundamental to social well-being,” Wikileaks said.

No wonder these deals are being keep so secret. Let’s now turn to Slate, which examined TISA’s potential threat to a human right that is increasingly under attack: personal privacy.

On Wednesday, WikiLeaks released the draft text of the biggest international agreement you’ve probably never heard of: the Trade in Services Agreement, or TISA. And buried in one of the 12 leaked chapters (which are mostly on things like “air transport services” and “competitive delivery services”) is a volatile and crucial debate about online privacy and the global Internet.

Trade agreements used to focus on things like tariffs, but they aren’t just about trade anymore. They consist of hundreds of chapters of detailed regulations, on subjects ranging from textiles to intellectual property law. TISA purports to promote fair and open global competition in services, thus increasing jobs. (You may have also heard about the Trans-Pacific Partnership, another trade agreement currently being negotiated and criticized. This one’s even more mammoth.) TISA is being negotiated between 23 countries representing some 75 percent of the global services market. Buried in its e-commerce annex are rules that will reshape the relationship between the free flow of information and online privacy.

The Internet is global, but privacy regulations incorporate localized norms. The U.S., for example, protects only some things, like your video-watching history and health information, while the European Union has a comprehensive framework for safeguarding far more information.

But TISA is different. The leaked draft language, proposed by the U.S. and several other countries, states that a government may not prevent a foreign services company “from transferring, [accessing, processing or storing] information, including personal information, within or outside the Party’s territory.” Essentially, this says that privacy protections could be treated as barriers to trade. This language could strike most privacy regulations as they apply to foreign companies—and not just in the EU. It would also apply to U.S. regulation of foreign companies at home. For instance, U.S. health privacy law requires patient consent for health information to be shared. This, technically, is a restriction on transferring information that could be invalidated by TISA, if nothing changes. 

The subject matter TISA covers is already governed by a global agreement called GATS, which has an exception for privacy protections. In other words, privacy protections are explicitly not treated as trade barriers in GATS. The leaked draft language from TISA shows that there is an ongoing debate between countries over whether to create an explicit privacy exception within TISA itself. The result of this debate is hugely important for states that want privacy laws.

If it sounds complicated, it is. The important point is that this trade agreement contains a crucial discussion of governments’ abilities to meaningfully protect civil liberties. And it is not being treated as a human rights discussion. It is being framed solely as an economic issue, ignoring the implications for human rights, and it is being held in a classified document that the public is now seeing months after it was negotiated, and only because it was released through WikiLeaks. 

TISA’s contents are not all bad, and protection of an open global Internet through trade could theoretically be a good thing. But these fine points should be openly debated, not bartered away in an enormous agreement that bundles privacy together with maritime transport services.

The process is also highly secretive—in fact, trade agreement texts are classified. While the executive branch does consult with members of Congress, even congressional staffers with security clearance have until recently been prevented from seeing the texts. Furthermore, certain trade industry advisers are allowed access to U.S. negotiating objectives and negotiators that the public and public interest groups do not have.

Trade agreements governing civil liberties (and jobs, and the environment, and public health … ) need to receive meaningful input from the public and its real representatives—not after negotiations are concluded, not through a Congress hampered by excessive executive secrecy, and not through vague negotiating objectives that fail to meaningfully address human rights and other values.

Fast track just passed in the Senate. Senators including Bernie Sanders of Vermont, Elizabeth Warren of Massachusetts, and Sherrod Brown of Ohio tried to stop its passage but narrowly lost. Now, the vote is coming up in the House—maybe as soon as this week. About 2 million Americans have already signed a petition against the legislation. It would be sad indeed if one of the few times Congress decides to actually pass legislation, embrace bipartisanship, and show support of the president is a law that enables states to bargain away citizens’ freedoms behind closed doors.

Actually, it would’t be sad, it would make perfect sense. As George Carlin so accurately noted:

Screen Shot 2015-06-04 at 9.47.50 AM

Finally, from the New Republic:

On Wednesday, WikiLeaks brought this agreement into the spotlight by releasing 17 key TiSA-related documents, including 11 full chapters under negotiation. Though the outline for this agreement has been in place for nearly a year, these documents were supposed to remain classified for five years after being signed, an example of the secrecy surrounding the agreement, which outstrips even the TPP.

TiSA has been negotiated since 2013, between the United States, the European Union, and 22 other nations, including Canada, Mexico, Australia, Israel, South Korea, Japan, Norway, Switzerland, Turkey, and others scattered across South America and Asia. Overall, 12 of the G20 nations are represented, and negotiations have carefully incorporated practically every advanced economy except for the “BRICS” coalition of emerging markets (which stands for Brazil, Russia, India, China, and South Africa).

The deal would liberalize global trade of services, an expansive definition that encompasses air and maritime transport, package delivery, e-commerce, telecommunications, accountancy, engineering, consulting, health care, private education, financial services and more, covering close to 80 percent of the U.S. economy. Though member parties insist that the agreement would simply stop discrimination against foreign service providers, the text shows that TiSA would restrict how governments can manage their public laws through an effective regulatory cap. It could also dismantle and privatize state-owned enterprises, and turn those services over to the private sector. You begin to sound like the guy hanging out in front of the local food co-op passing around leaflets about One World Government when you talk about TiSA, but it really would clear the way for further corporate domination over sovereign countries and their citizens.

You need to either be a trade lawyer or a very alert reader to know what’s going on. But between the text and a series of analyses released by WikiLeaks, you get a sense for what the countries negotiating TiSA want.

First, they want to limit regulation on service sectors, whether at the national, provincial or local level. The agreement has “standstill” clauses to freeze regulations in place and prevent future rulemaking for professional licensing and qualifications or technical standards. And a companion “ratchet” clause would make any broken trade barrier irreversible.

No restrictions could be placed on foreign investment—corporations could control entire sectors. 

Corporations would get to comment on any new regulatory attempts, and enforce this regulatory straitjacket through a dispute mechanism similar to the investor-state dispute settlement (ISDS) process in other trade agreements, where they could win money equal to “expected future profits” lost through violations of the regulatory cap.

For an example of how this would work, let’s look at financial services. It too has a “standstill” clause, which given the unpredictability of future crises could leave governments helpless to stop a new and dangerous financial innovation. In fact, Switzerland has proposed that all TiSA countries must allow “any new financial service” to enter their market. So-called “prudential regulations” to protect investors or depositors are theoretically allowed, but they must not act contrary to TiSA rules, rendering them somewhat irrelevant.

Most controversially, all financial services suppliers could transfer individual client data out of a TiSA country for processing, regardless of national privacy laws. This free flow of data across borders is true for the e-commerce annex as well; it breaks with thousands of years of precedent on locally kept business records, and has privacy advocates alarmed.

(read the full article at Liberty Blitzkrieg)

This Shadow Government Agency Is Scarier Than the NSA

William M. Arkin
Phase Zero: June 1, 2015

If you have a telephone number that has ever been called by an inmate in a federal prison, registered a change of address with the Postal Service, rented a car from Avis, used a corporate or Sears credit card, applied for nonprofit status with the IRS, or obtained non-driver’s legal identification from a private company, they have you on file.

They are not who you think they are. They are not the NSA or the CIA. They are the National Security Analysis Center (NSAC), an obscure element of the Justice Department that has grown from its creation in 2008 into a sprawling 400-person, $150 million-a-year multi-agency organization employing almost 300 analysts, the majority of whom are corporate contractors.

The Center has its roots in the Foreign Terrorist Tracking Task Force (FTTTF), a small cell established in October 2001 to look for additional 9/11-like terrorists who might have entered the United States. But with the emergence of significant “homegrown” threats in the late aughts, the Task Force’s focus was thought to be too narrow. NSAC was created to focus scrutiny on new threat, specifically on Americans, particularly Muslims, who might pose a hidden threat (the Task Force became a unit within NSAC’s bureaucratic umbrella). As Americans began traveling abroad to join al-Shabaab and then ISIS, the Center’s dragnet expanded to catch the vast pool of “youth” who also might fit a profile of either radicalism or law-breaking. Its mission runs the full gamut of “national security threats…to the United States and its interests,” according to a partially declassified Justice Department Inspector General report. That includes everything from terrorism to counter-narcotics, nuclear proliferation, and espionage.

NSAC not only has a focus beyond foreign investigations or terrorists, but in the past year-and-a-half, according to documents obtained by Phase Zero and extensive interviews with contractors and government officials who have worked with the Center and the Task Force, it has also aggressively built up a partnership with the military, taking on deep background investigations of foreign-born and foreign-connected soldiers, civilians, and contractors working for the government. Its investigations go far beyond traditional security “vetting”; NSAC scours certain select government employees, contractors and their affiliates, examining multiple layers of connected relatives and associates. And the Center hosts dozens of additional “liaison” officers from other government agencies, providing those agencies with frictionless access to private information about U.S. residents that they would otherwise not have.

Today, through a series of high-level classified authorities and commercial relationships, the Center has access to over 130 databases and datasets of information comprising some two billion records, over half of which are unique and not contained in any other government information warehouse. The Center is, in fact, according to interviews with government officials, the sole organization in the U.S. government with the authority to delve deeply into the activities and associations of foreigners and Americans alike. From its unmarked office in the Crystal City neighborhood of Arlington, Virginia, the Center can not only gain access to the full gamut of intelligence databases of the U.S. government, but also query and retain information contained in law enforcement and commercial data. It also conducts live searches, and retains classified and open datasets of identity and transactional data for later examination. In some ways then, the data that the Center accesses and regularly trawls against its data mining protocols is the FBI’s equivalent of NSA’s bulk collection, the examination of databases with the hope of finding triggers or links to terrorists rather than the specific accessing of information to look at an individual or even group of individuals.

The Center’s powerful perch—and its virtually unlimited reach—brings the federal government closer than ever to the Holy Grail of connecting every dot, a dream that has been pursued by terrorist hunters since the failures that permitted the 9/11 attacks 14 years ago. The data access and analytic methods it uses grew out of a retrospective analysis of the vast reams of data about the 19 hijackers that law enforcement and intelligence agencies had indicators off, but never acted on. The Foreign Terrorist Tracking Task Force (originally called “F-tri-F” by insiders) meticulously reconstructed the actions of the 19 hijackers and other known law-breakers—how they lived their day-to-day lives and what they did to avoid intelligence detection—to find patterns and triggers of potential wrongdoing. They created thousands of pages of chronologies covering the 19 hijackers from the moment they entered the United States, trying to recreate what each did every day they were here.

This Shadow Government Agency Is Scarier Than the NSA

Those patterns then became profiles that could be applied to vast amounts of disparate and unstructured data to sniff out similar attributes. Those attributes, once applied to individuals, became the legal predicate for collection and retention of data. If someone fit the profile, they were worthy of a second look. They were worthy of a second look if they might fit the profile.

Beyond public records and what appears on the internet, beyond news articles or what’s in law enforcement databases—but in addition to all of those things—the mere presence of a name becomes justification enough. NSAC’s methods turn the notion of legal predicate—a logical proposition or an earlier offense that justifies law enforcement action—on its head. Using big data analysis to discover non-obvious and even clandestine links, the Center looks not just for suspects, but for what the counter-terrorism world calls “clean skins”—people with no known affiliation to terrorism or crime, needles in a giant haystack that don’t necessarily look like needles. Or people who aren’t needles at all, but who might become needles in the future and thus warrant observation today.

The American people have repeatedly rejected the notion of a domestic intelligence agency operating within our borders. Yet NSAC has become the real-world equivalent. Along the way in its development though, the Center has rarely been discussed in the federal budget or in congressional oversight hearings available to the public. And being neither solely a part of the intelligence community (IC) nor solely a law enforcement agency (and yet both), it skirts limitations that exist in each community, allowing it to collect and examine information on people who are not otherwise accused of or suspected of any crime.

(read the full article at Phase Zero)

FREEDOM Act Passes Senate, Freedom Dies

Daniel McAdams
LewRockwell.com : June 2, 2015

By a vote of 67-32 the Senate today passed the USA FREEDOM Act, just days after the expiration of key elements of the USA PATRIOT Act. The FREEDOM Act is billed as a reform of the unconstitutional and recently-ruled illegal bulk collection of Americans’ telecommunications, but in fact it is a whole new level of attack on civil liberties.

Here are just a couple of ways the FREEDOM Act is worse than the PATRIOT Act:

1) The recent decision of the 2nd U.S. Circuit Court of Appeals that the bulk collection of American citizens’ telecommunications information was not authorized by the USA PATRIOT Act means that as of this afternoon, the bulk collection of American citizens’ telecommunications information was an illegal act. The government was breaking the law each time it grabbed our metadata. The moment the FREEDOM is signed by President Obama that same activity will become legal. How is making an unconstitutional and illegal act into a legal one a benefit to civil liberties?

2) The FREEDOM Act turns private telecommunications companies into agents of state security. They will be required to store our personal information and hand it over to state security organs upon demand. How do we know this development is a step in the wrong direction? It is reportedly the brainchild of Gen. Keith B. Alexander, the NSA director at the time! According to press reports, this was but a public relations move to deflect criticism of the bulk collection program. Alexander “saw the move as a way for Obama to respond to public criticism without losing programs the NSA deemed more essential,” reports Homeland Security News.

3) The FREEDOM Act turns private telecommunications companies into depositories of “pre-crime” data for future use of state security agencies. It is a classic authoritarian move for the state to co-opt and subsume the private sector. Once the FREEDOM Act is signed, Americans’ telecommunications information will be retained by the telecommunications companies for the use of state security agencies in potential future investigations. In other words, an individual under no suspicion of any crime and thus deserving full Fourth and Fifth Amendment protection will nevertheless find himself providing evidence against his future self should that person ever fall under suspicion. That is not jurisprudence in a free society.

4) The FREEDOM Act provides liability protection for the telecommunications firms who steal and store our private telecommunications information. In other words, there is not a thing you can do about the theft as long as the thief is a “private” agent of the state.

It is very telling that the same Congressional leaders who have supported the PATRIOT Act for all these years are now propagandizing Americans in favor of the FREEDOM Act.

FREEDOM Act becomes law; freedom, RIP.

Source: lewrockwell.com cc

FBI Confirms No Major Terrorism Cases Cracked via Unconstitutional Patriot Act Phone Spying

Michael Krieger
Liberty Blitzkrieg: May 22, 2015

FBI agents can’t point to any major terrorism cases they’ve cracked thanks to the key snooping powers in the Patriot Act, the Justice Department’s inspector general said in a report Thursday that could complicate efforts to keep key parts of the law operating.

Inspector General Michael E. Horowitz said that between 2004 and 2009, the FBI tripled its use of bulk collection under Section 215 of the Patriot Act, which allows government agents to compel businesses to turn over records and documents, and increasingly scooped up records of Americans who had no ties to official terrorism investigations.

– From the Washington Times article: FBI Admits No Major Cases Cracked with Patriot Act Snooping Powers 

Back in 2013, as debate about the Snowden revelations was at its zenith, I published a post titled NSA Chief Admits “Only One or Perhaps Two” Terror Plots Stopped by Spy Program. Here’s an excerpt:

The Obama administration’s credibility on intelligence suffered another blow Wednesday as the chief of the National Security Agency admitted that officials put out numbers that vastly overstated the counterterrorism successes of the government’s warrantless bulk collection of all Americans’ phone records.

Pressed by the Democratic chairman of the Senate Judiciary Committee at an oversight hearing, Gen. Keith B. Alexander admitted that the number of terrorist plots foiled by the NSA’s huge database of every phone call made in or to America was only one or perhaps two — far smaller than the 54 originally claimed by the administration.

“One or perhaps two.” Or perhaps zero. The guy has the nerve to say “perhaps.” How do you not know? What a bunch of lying assholes. How the heck does 54 turn into “one or two,” and I’ll tell you something else, I don’t believe the one or two figure for a minute. I mean there’s no way he would say “zero” when he is fighting to keep his petty little Stasi state intact. Furthermore, how about some details here. What was the one plot the NSA foiled? Some teenager throwing firecrackers on the White House lawn? These guys need to get lost already. From the Washington Times:

As time has passed and the years have gone by, it has become increasingly clear that the phone records collection program hasn’t stopped a single terror attack. In fact, a recently published report by the Justice Department’s inspector general admitted as much. This takes on increased significance with parts of the Patriot Act set to automatically sunset on June 1st.

The Washington Times reports:

FBI agents can’t point to any major terrorism cases they’ve cracked thanks to the key snooping powers in the Patriot Act, the Justice Department’s inspector general said in a report Thursday that could complicate efforts to keep key parts of the law operating.

Inspector General Michael E. Horowitz said that between 2004 and 2009, the FBI tripled its use of bulk collection under Section 215 of the Patriot Act, which allows government agents to compel businesses to turn over records and documents, and increasingly scooped up records of Americans who had no ties to official terrorism investigations.

Backers say the Patriot Act powers are critical and must be kept intact, particularly with the spread of the threat from terrorists. But opponents have doubted the efficacy of Section 215, particularly when it’s used to justify bulk data collection such as in the case of the National Security Agency’s phone metadata program, revealed in leaks from former government contractor Edward Snowden.

“The agents we interviewed did not identify any major case developments that resulted from use of the records obtained in response to Section 215 orders,” the inspector general concluded — though he said agents did view the material they gathered as “valuable” in developing other leads or corroborating information. 

The report was heavily redacted, and key details were deleted. The entire chart showing the number of Section 215 requests made from 2007 through 2009 was blacked out, as was the breakdown of what types of investigations they stemmed from: counterintelligence, counterterrorism, cyber or foreign intelligence investigations.

[…]

Moving along, the conclusion that Section 215 of the Patriot Act hasn’t stopped any terror attacks naturally won’t stop FBI director James Comey (and others) from fear-mongering. A favorite pastime of government officials and their lapdogs. As Politico reports:

Speaking at an American Law Institute event this week, FBI Director James Comey warned that a PATRIOT Act sunset would “severely” affect his agency. The FBI relies heavily on the soon-to-expire provisions of the law to obtain specific business records — from library records to gun ownership data — and wiretaps for multiple devices, he said.

 

“If I lose these tools, it’s a huge, huge problem,” Comey said. “We use [Section 215 to obtain specific records] fewer than 200 times per year, but when we use it, it matters tremendously.”

But not for terrorism, and the Patriot Act was specifically passed to deal with terrorism.

“ISIS is singing a siren song, calling people to their death to crash on the rocks — and it’s the rocks that ISIS will take credit for,” said Ron Hosko, president of Law Enforcement Legal Defense Fund and former assistant director of the FBI. “They’re looking for those who are disaffected, disconnected and willing to commit murder. So if we’re willing to take away tools, OK, congressman, stand behind it [and] take the credit for putting the FBI in the dark.”

Can you believe people like this exist, and that their insane rhetoric actually speaks to some people? Scary.

While the current debate about Section 215 of the Patriot Act is encouraging and necessary, it is extremely important to understand that this is just a tiny, potentially meaningless tip of the iceberg when it comes to unconstitutional government surveillance. As The ACLU’s Chris Soghoian explains courtesy of Schneier.com:

There were 180 orders authorized last year by the FISA Court under Section 215 — 180 orders issued by this court. Only five of those orders relate to the telephony metadata program. There are 175 orders about completely separate things. In six weeks, Congress will either reauthorize this statute or let it expire, and we’re having a debate — to the extent we’re even having a debate — but the debate that’s taking place is focused on five of the 180, and there’s no debate at all about the other 175 orders.

 

Now, Senator Wyden has said there are other bulk collection programs targeted at Americans that the public would be shocked to learn about. We don’t know, for example, how the government collects records from Internet providers. We don’t know how they get bulk metadata from tech companies about Americans. We don’t know how the American government gets calling card records.

 

So the 215 program that has been disclosed publicly, the 215 program that is being debated publicly, is about records to major carriers like AT&T and Verizon. We have not had a debate about surveillance requests, bulk orders to calling card companies, to Skype, to voice over Internet protocol companies. Now, if NSA isn’t collecting those records, they’re not doing their job. I actually think that that’s where the most useful data is. But why are we having this debate about these records that don’t contain a lot of calls to Somalia when we should be having a debate about the records that do contain calls to Somalia and do contain records of e-mails and instant messages and searches and people posting inflammatory videos to YouTube?

 

Certainly the government is collecting that data, but we don’t know how they’re doing it, we don’t know at what scale they’re doing it, and we don’t know with which authority they’re doing it. And I think it is a farce to say that we’re having a debate about the surveillance authority when really, we’re just debating this very narrow usage of the statute.

(read full article at liberty blitzkrieg)

USA FREEDOM Act: Just Another Word for Lost Liberty

Ron Paul: May 3, 2015

Apologists for the National Security Agency (NSA) point to the arrest of David Coleman Headley as an example of how warrantless mass surveillance is necessary to catch terrorists. Headley played a major role in the 2008 Mumbai terrorist attack that killed 166 people.

While few would argue that bringing someone like Headley to justice is not a good thing, Headley’s case in no way justifies mass surveillance. For one thing, there is no “terrorist” exception in the Fourth Amendment. Saying a good end (capturing terrorists) justifies a bad means (mass surveillance) gives the government a blank check to violate our liberties.

Even if the Headley case somehow justified overturning the Fourth Amendment, it still would not justify mass surveillance and bulk data collection. This is because, according to an investigation by ProPublica, NSA surveillance played an insignificant role in catching Headley. One former counter-terrorism official said when he heard that NSA surveillance was responsible for Headley’s capture he “was trying to figure out how NSA played a role.”

The Headley case is not the only evidence that the PATRIOT Act and other post-9/11 sacrifices of our liberty have not increased our security. For example, the NSA’s claim that its surveillance programs thwarted 54 terrorist attacks has been widely discredited. Even the president’s Review Group on Intelligence and Communications Technologies found that mass surveillance and bulk data collection was “not essential to preventing attacks.”

According to the congressional Joint Inquiry into Intelligence Activities before and after the Terrorist Attacks of September 11, 2001 and the 9/11 Commission, the powers granted the NSA by the PATRIOT Act would not have prevented the 9/11 attacks. Many intelligence experts have pointed out that, by increasing the size of the haystack government agencies must look through, mass surveillance makes it harder to find the needle of legitimate threats.

Even though mass surveillance threatens our liberty, violates the Constitution, and does nothing to protect us from terrorism, many in Congress still cling to the fiction that the only way to ensure security is to give the government virtually unlimited spying powers. These supporters of the surveillance state are desperate to extend the provisions of the PATRIOT Act that are set to expire at the end of the month. They are particularly eager to preserve Section 215, which authorizes many of the most egregious violations of our liberties, including the NSA’s “metadata” program.

However, Edward Snowden’s revelations have galvanized opposition to the NSA’s ongoing violations of our liberties. This is why Congress will soon vote on the USA FREEDOM Act. This bill extends the expiring surveillance laws. It also contains some “reforms” that supposedly address all the legitimate concerns regarding mass surveillance.

However, a look at the USA FREEDOM Act’s details, as opposed to the press releases of its supporters, shows that the act leaves the government’s mass surveillance powers virtually untouched.

The USA FREEDOM Act has about as much to do with freedom as the PATRIOT Act had to do with patriotism. If Congress truly wanted to protect our liberties it would pass the Surveillance State Repeal Act, which repeals the PATRIOT Act. Congress should also reverse the interventionist foreign policy that increases the risk of terrorism by fostering resentment and hatred of Americans.

Fourteen years after the PATRIOT Act was rushed into law, it is clear that sacrificing liberty does little or nothing to preserve security. Instead of trying to fool the American people with phony reforms, Congress should repeal all laws that violate the Fourth Amendment, starting with the PATRIOT Act.

source: Ron Paul institute

Frankly My Dear, I Don’t Give a Damn

First Rebuttal : May 4, 2015

I find it shocking how often I have people tell me the Constitution is out of date and is no longer relevant or necessary.  Then there are the vast majority of people that think about the Constitution the same way they think about religion; it makes us feel good to believe in it and we’ll even worship it on a holiday or two   The reality is that those who seem to get very worked up to the point that they are willing to act in defense of the Constitution even against the highest levels of government make up a very small minority of Americans.  This is a real problem.

You see if people gave a damn the government couldn’t get away with negating the Constitution.  But the vast majority of people just don’t give a damn and so the government very easily provides ridiculous and false legal sounding arguments to explain away why they have become a higher law than the Constitution. Now I’ve tried to understand why it is that we Americans are so damn apathetic about everything the government and government officials do.

Let me give a couple examples for which our apathy just boggles my mind.   We know they took us into wars on false pretenses resulting in the wrongful deaths of thousands of American soldiers and hundreds of thousands of innocent civilians and yet we’ve prosecuted no one.  Hell they’ve admitted to hacking into millions of our home webcams and downloading videos and pictures of us in our most private moments and maintaining those downloads on government servers and then sharing these files with foreign governments.

But because today’s American is simply a shell of a citizen none of the criminal atrocities creates even a stir from us.  Sure we all read about these atrocities and we are angered in the moment but it passes rather quickly and we fall back into our self induced ignorant bliss.  Only two things can get Americans to formidably rise up.  The first is a very direct and immediate impediment to our comfort.  For example try cutting back on the monthly social welfare checks.  You’ll have riots.   The second way is if the mainstream media relentlessly instructs us to be upset about a particular issue.  Outside of that there is absolutely nothing the new American won’t move past like water off a duck’s back.

What we’re finding out is that, and it sounds slightly over-dramatic but isn’t at all, unless we are willing to fight and die to win back the freedom our forefather’s fought and died to secure for us and all future generations we will continue to feel our chains grow heavier and shorter.  The simple reason is because our government is very much willing to kill to keep its ever encroaching control.  A free population is the antithesis to a political class.  And make no mistake the American federal government is the largest and most powerful group of aristocrats the world has known.

This group of traitors (and I mean that in the very technical sense of the word) not only behave according to a separate set of laws they have actually gone so far as to legislate a separate set of laws.  This in itself is a direct breach of the very Constitution they swear to defend.  Their intent is clear and that my friends is treason.  They are directly negating the very basis of the American concept for their own personal self interest and they are doing so by defrauding American citizens into believing their intent is to represent the will of their constituents.  Treason, Treason, Treason!  What else would you call it?

Now are you ready to fight and die to win the freedoms back for your children and grandchildren?  Hell No!  No, not at all!  And that’s kinda the problem because again the government is willing to kill to ensure your kids and grandkids don’t have the freedoms Americans were guaranteed.  The fuck of it is Americans have become so damn brainwashed that despite the founding fathers telling us explicitly our government would end up enslaving the rest of us to solidify their own power and wealth we ignore it. These were the guys that figured out the British were effectively enslaving us and decided to rise against it and create the greatest damn nation the world has ever known.  They literally created fucking America!!!  I mean holy shit, imagine having that on your CV.  And we pay them no mind, like they’re bat shit crazy and not relevant in our intellectual new world.

Today’s legislators rarely discuss the founding fathers or the Constitution beyond the very thin idea that they know we expect them to defend it.  That is, like freedom and apple pie, they love it during the campaign cycle.  However, ask them why then they continue to legislate against the Constitution and well they don’t want to talk about the Constitution anymore.  And we the people ,like apathetic morons , buy into the bullshit they feed us because we simply don’t care.  It’s to the point they can pretty much do anything knowing they can bullshit us with any damn nonsense that pops into their swollen heads.  And so they do things like hack into our webcams, take nude pictures of us and send them to foreign governments and tell us it’s for our own good.  We don’t give a shit because 1. it doesn’t impede our immediate comfort and 2. the press isn’t telling us it’s something to be concerned about.

The danger of being apathetic until it impacts our immediate day to day is that we allow the government to take away all the freedoms we are not currently using.  What I mean by that is we so far have not had to face what it means to be powerless and in chains.  But only because we haven’t yet ventured out far enough so as to reach the end of our chains.  Like a sleeping dog that isn’t aware he’s been shackled until he wakes and tries to chase a bird, we are asleep and unaware of the shackles placed around our ankles.

Some will say “wait, it isn’t apathy it is a trade off between safety and freedom”.  But the truth is freedom and safety are not conflictual we’ve only been led to believe so.  Fear has replaced freedom here in America and that is not by chance but by strategy of a government that has its own agenda, separate from its oath to uphold and defend the Constitution.  So while we should have prosecuted these recent governments for treason we’ve instead rewarded them the rights of dictatorship.

The Constitution is our freedom keeper but once the Constitution is made subordinate the precedent is set and in our legal system precedence is king.  The strength in the Constitution is just that, it’s strength.  Once we allow an exception to the Constitution’s superseding authority it no longer has any authority.  Unfortunately that exception has already been made.  With it, the destruction of the Constitution and the end to a guaranty of freedom.  Our corrupt government has created ‘legislation’ providing them a legal basis to imprison us without due process.  This is a fact.

This desecrates one of the most important axioms of America, in fact, due process is the very idea we are sold to spend $1 trillion per year fighting multiple simultaneous major theatre wars.  Yet here at home it no longer exists.  But remember our loss of due process is for our own good.  Giving a federal legislator or policy maker absolute discretion over our fate is in our best interest.  You and I have agreed with these propositions.  And you and I will have to adhere to being placed in prison for life if that is the will of our president or any delegate who will benefit by accusing us of being a national security threat.

Just by the fact the threat exists fulfills its objective.  People will not want to bring attention to themselves and thus will avoid protesting the wants of those who now have the authority to impede their freedom.  That in itself impede’s their freedom.  This is the one thing I really wish people could see.  What seem like issues too narrow or small to get worked up over are just marks of the snake bite.  Two very small holes in the skin but those holes are the gateway for the real killing agent to spread and overtake the whole system.

In March alone our beefed up and militarized public service workers killed more than 180 citizens they were meant to serve and protect on American soil.  That makes them an infinitely higher risk to our safety than the foreign terrorists to whom we’ve handed our Constitution.  That’s exactly what we’ve done.  If you listen to the terrorists’ videos that was their goal.  They wanted to end the freedom and free will that America seems to be jamming down the throats of societies around the world.  And so they won the moment Americans accepted to trade away its freedoms for safety.  That was their goal and they have achieved it.

Let’s look at Edward Snowden’s situation to see how one loses one’s freedom.  Snowden is a man that knowingly sacrificed his own freedom to expose the corruption and criminality of our policy makers and their respective agencies.  He is also a citizen that has been deemed a threat to national security.  Why would a man who exposed the criminal enslavement of Americans and citizens around the world be deemed a terrorist rather than a hero??  Because he is a threat to the power and control and really the entire system of those who can now legally classify him as a threat, removing his right to due process.

In effect, these political criminals can now legally lock away any prosecutor at will.   This is a gross conflict of interest and the hero that exposed this conflict of interest is now a victim of it.  Edward Snowden not only informed America, he recognized that he would be the first example so that Americans would see, first hand, the sort of corruption that has infected our system.  I can only infer he made himself known because he believed seeing it actually happen would get Americans to rise up and correct the moral transgression.  And what did we the people do in response to Snowden’s incredibly brave and patriotic action?  Absolutely nothing!!!  We force this hero to live in exile.  We don’t even demand the corruption to stop.  We do nothing.  How very American of us.  And why do we do nothing?  Because it doesn’t impede our immediate comfort and the media hasn’t told us we need to be concerned about the issue.

The lives of Americans have become so easy and so secure that we no longer recognize living in a utopia of freedom comes not with costs but with obligations.  We seem to believe that paying taxes indemnifies us of our real obligations as citizens who have been handed a beautiful gift and who are responsible for passing on that precious gift to future generations of Americans.   And that is a mistake that will have historians writing of us as we write of Eve in the garden of Eden.  Our lack of principles resulting in the suffering of all future generations having destroyed a gift we obviously didn’t deserve.

source: first rebuttal
emphasis: zero hedge

Security-bill snooping goes too far, federal watchdogs warn

Ian MacLeod
Ottawa Citizen: April 23, 2015

The federal government’s proposed security bill contains serious and contradictory flaws that will allow more than 100 government entities to exchange Canadians’ confidential information – yet no provision for similar information-sharing between the agencies that track the lawfulness of federal spies and police, parliamentarians were told Thursday.

Four of Canada’s top government watchdogs – who monitor privacy, the country’s two spy agencies and the RCMP – testified on Bill C-51 before the Senate national security committee.

Privacy Commissioner Daniel Therrien levelled the harshest blows. Canadians risk being caught in a web of unbridled government snooping into their personal lives if the draft security legislation becomes law, he warned.

“The bill would potentially lead to disproportionately large amounts of personal information of ordinary, law-abiding citizens being collected and shared. This sets up the prospect of profiling and Big Data analytics on all Canadians. In short, the means chosen are excessive to achieve the end,” Therrien said.

A crucial concern is C-51’s proposed Security of Canada Information Sharing Act. It would allow more than 100 federal departments, agencies and other entities to share information about Canadians with 17 departments and agencies that have national security responsibilities. The information would only have to be “relevant” to a potential or suspected national security threat. The 17 agencies also could share and collate information among themselves.

Therrien fears this could lead the Canadian Security Intelligence Service (CSIS), RCMP, Department of Finance and others to share potentially all information they may hold on Canadians and businesses.

“The minister of public safety has indicated there are several privacy protections envisaged by Bill C-51. While I agree there are some, I believe they fall quite short of what a balanced approach would require,” he said.

(read the full article at Ottawa Citizen)

‘Patriot Act’ not an effective counterterrorism tool; is being used for mass domestic surveillance

US unveils 6-year-old report on NSA surveillance

Nedra Pickler
AP: April 25, 2015

With debate gearing up over the coming expiration of the Patriot Act surveillance law, the Obama administration on Saturday unveiled a 6-year-old report examining the once-secret program to collect information on Americans’ calls and emails.

The Office of the Director of National Intelligence publicly released the redacted report following a Freedom of Information Act lawsuit by the New York Times. The basics of the National Security Agency program had already been declassified, but the lengthy report includes some new details about the secrecy surrounding it.

President George W. Bush authorized the “President’s Surveillance Program” in the aftermath of the terrorist attacks on Sept. 11, 2001. The review was completed in July 2009 by inspectors general from the Justice Department, Pentagon, CIA, NSA and Office of the Director of National Intelligence.

They found that while many senior intelligence officials believe the program filled a gap by increasing access to international communications, others including FBI agents, CIA analysts and managers “had difficulty evaluating the precise contribution of the PSP to counterterrorism efforts because it was most often viewed as one source among many available analytic and intelligence-gathering tools in these efforts.”

Critics of the phone records program, which allows the NSA to hunt for communications between terrorists abroad and U.S. residents, argue it has not proven to be an effective counterterrorism tool. They also say an intelligence agency has no business possessing the deeply personal records of Americans. Many favor a system under which the NSA can obtain court orders to query records held by the phone companies.

The Patriot Act expires on June 1, and Senate Republicans have introduced a bill that would allow continued collection of call records of nearly every American. The legislation would reauthorize sections of the Patriot Act, including the provision under which the NSA requires phone companies to turn over the “to and from” records of most domestic landline calls.

(read the full article at AP)

CBS Denver Report: TSA Screeners Exploited Scanners To Grope “Attractive” Male Passengers

Annabelle Bamforth
Ben Swann: April 14, 2015

An investigation conducted by Denver’s CBS4 station revealed that two TSA employees at Denver International Airport have been fired after one employee acknowledged manipulating the airport’s scanning machines to allow the intentional groping of male passengers.

According to an anonymous tip from a TSA employee from last November, a male TSA screener allegedly told a female colleague that he was able to fondle “attractive male passengers” that arrive at the screening area by having another employee deliberately input incorrect data into the scanning machines:

“He related that when a male he finds attractive comes to be screened by the scanning machine he will alert another TSA screener to indicate to the scanning computer that the party being screened is a female. When the screener does this, the scanning machine will indicate an anomaly in the genital area and this allows (the male TSA screener) to conduct a pat-down search of that area.”

In February, three months after the initial claim, TSA security supervisor Chris Higgins observed the screening area to check the accuracy of the anonymous tip. A law enforcement report obtained by CBS4 stated that Higgins “observed (the male TSA screener) appear to give a signal to another screener … (the second female screener) was responsible for the touchscreen system that controls whether or not the scanning machine alerts to gender- specific anomalies.”

The report went on to state that after a male passenger was seen entering the scanner, the investigator “observed (the female TSA agent) press the screening button for a female. The scanner alerted to an anomaly, and Higgins observed (the male TSA screener) conduct a pat down of the passenger’s front groin and buttocks area with the palm of his hands, which is contradictory to TSA searching policy.”

The female employee who took part in the groping scheme was later interviewed by Higgins and admitted that “she has done this for (the male TSA officer) at least 10 other times. She knew that doing so would allow (the male TSA officer) to perform a pat down on a male passenger that (the male TSA screener) found attractive.”

The two TSA employees involved in the incidents have since been fired. The TSA declined to name the employees who were fired.

The TSA reportedly has video of the incident observed by Higgins, but it was not yet been released to CBS4. The TSA claims that there have been no further complaints of “serial” groping, and the male passenger observed by Higgins has not been identified. A prosecutor declined to press charges in the case because no victim had been identified and there was no “reasonable likelihood of conviction.”

(read the full article at Ben Swann)