"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Domestic Spying’

UPSTREAM, They Know Much More About You Than You Think

In Uncategorized on August 1, 2013 at 8:18 pm
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The headquarters of the National Security Agency, Fort Meade, Maryland

Oldspeak: “Within days of Snowden’s documents appearing in The Guardian and The Washington Post, revealing several of the National Security Agency’s extensive domestic surveillance programs, bookstores reported a sudden spike in the sales of George Orwell’s classic dystopian novel 1984. On Amazon.com, the book made the “Movers & Shakers” list and skyrocketed 6,021 percent in a single day. Written sixty-five years ago, it described a fictitious totalitarian society where a shadowy leader known as “Big Brother” controls his population through invasive surveillance. “The telescreens,” Orwell wrote, “have hidden microphones and cameras. These devices, alongside informers, permit the Thought Police to spy upon everyone….” -James Bamford

“The most awesome and near omniscient surveillance network ever created by man has been revealed in much of its grotesquely invasive corptalitarian horror. And what was American’s response? CONSUME.  Sales of the script to the horror show we are currently living Orwell’s “1984” exploded 6,000 PERCENT. No critical thoughts given to the personal telescreens/tracking device/listening device/thought recorder/microwave radiation emitter a.k.a. smart phones. Sheeple literally responded to news that all their actions on the internet are being watched, stored and analyzed, by buying a dystopian novel on the internet. All those people should consider themselves a “selector”. :-)  More and more I’m seeing all these hip sexy cool invitations to “share everything” via your telescreen. Incessant exhortations to use your telescreen to buy everything, check things, secure things, pay things, scan things, tweet things, like things, post things, photograph things, record things, ask things, watch things, play things, listen to things, control devices, read, get medical advice, report crime, inform on others, etc, etc, etc…. Never mind that your ever expanding constellation of ever more convenient and personalizable apps are watching youSoon, your televisions, dvr’s and video games will watch you too. Keep consuming, keep providing free content, that make it ever easier to target more marketing at you to buy more shit you don’t need. When will we wake from our hyperconsumptive soma coma?. I’ll tell you one thing though, somebody is making an ass ton of money collecting and analyzing this exponentially expanding flow of digital content. ” -OSJ

By James Bamford @ The New York Review Of Books:

In mid-May, Edward Snowden, an American in his late twenties, walked through the onyx entrance of the Mira Hotel on Nathan Road in Hong Kong and checked in. He was pulling a small black travel bag and had a number of laptop cases draped over his shoulders. Inside those cases were four computers packed with some of his country’s most closely held secrets.

Within days of Snowden’s documents appearing in The Guardian and The Washington Post, revealing several of the National Security Agency’s extensive domestic surveillance programs, bookstores reported a sudden spike in the sales of George Orwell’s classic dystopian novel 1984. On Amazon.com, the book made the “Movers & Shakers” list and skyrocketed 6,021 percent in a single day. Written sixty-five years ago, it described a fictitious totalitarian society where a shadowy leader known as “Big Brother” controls his population through invasive surveillance. “The telescreens,” Orwell wrote, “have hidden microphones and cameras. These devices, alongside informers, permit the Thought Police to spy upon everyone….”

Today, as the Snowden documents make clear, it is the NSA that keeps track of phone calls, monitors communications, and analyzes people’s thoughts through data mining of Google searches and other online activity. “Any sound that Winston made, above the level of a very low whisper, would be picked up by it,” Orwell wrote about his protagonist, Winston Smith.

There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.

Of course the US is not a totalitarian society, and no equivalent of Big Brother runs it, as the widespread reporting of Snowden’s information shows. We know little about what uses the NSA makes of most information available to it—it claims to have exposed a number of terrorist plots—and it has yet to be shown what effects its activities may have on the lives of most American citizens. Congressional committees and a special federal court are charged with overseeing its work, although they are committed to secrecy, and the court can hear appeals only from the government.

Still, the US intelligence agencies also seem to have adopted Orwell’s idea of doublethink—“to be conscious of complete truthfulness,” he wrote, “while telling carefully constructed lies.” For example, James Clapper, the director of national intelligence, was asked at a Senate hearing in March whether “the NSA collect[s] any type of data at all on millions or hundreds of millions of Americans.” Clapper’s answer: “No, sir…. Not wittingly.”

Three months later, following the revelations of the phone-log program in which the NSA collects telephone data—the numbers of both callers and the length of the calls—on hundreds of millions of Americans, Clapper switched to doublethink. He said that his previous answer was not a lie; he just chose to respond in the “least untruthful manner.” With such an Orwellian concept of the truth now being used, it is useful to take a look at what the government has been telling the public about its surveillance activities over the years, and compare it with what we know now as a result of the top secret documents and other information released by, among others, the former NSA contract employee Edward Snowden.

Looking back, the NSA and its predecessors have been gaining secret, illegal access to the communications of Americans for nearly a century. On July 1, 1920, a slim balding man in his early thirties moved into a four-story townhouse at 141 East 37th Street in Manhattan. This was the birth of the Black Chamber, the NSA’s earliest predecessor, and it would be hidden in the nondescript brownstone. But its chief, Herbert O. Yardley, had a problem. To gather intelligence for Woodrow Wilson’s government, he needed access to the telegrams entering, leaving, and passing through the country, but because of an early version of the Radio Communications Act, such access was illegal. With the shake of a hand, however, Yardley convinced Newcomb Carlton, the president of Western Union, to grant the Black Chamber secret access on a daily basis to the private messages passing over his wires—the Internet of the day.

For much of the next century, the solution would be the same: the NSA and its predecessors would enter into secret illegal agreements with the telecom companies to gain access to communications. Eventually codenamed Project Shamrock, the program finally came to a crashing halt in 1975 when a Senate committee that was investigating intelligence agency abuses discovered it. Senator Frank Church, the committee chairman, labeled the NSA program “probably the largest governmental interception program affecting Americans ever undertaken.”

As a result of the decades of illegal surveillance by the NSA, in 1978 the Foreign Intelligence Surveillance Act (FISA) was signed into law and the Foreign Intelligence Surveillance Court (FISC) came into existence. Its purpose was, for the first time, to require the NSA to get judicial approval for eavesdropping on Americans. Although the court seldom turned down a request for a warrant, or an order as it’s called, it nevertheless served as a reasonable safeguard, protecting the American public from an agency with a troubling past and a tendency to push the bounds of spying unless checked.

For a quarter of a century, the rules were followed and the NSA stayed out of trouble, but following the September 11 attacks, the Bush administration decided to illegally bypass the court and began its program of warrantless wiretapping. “Basically all rules were thrown out the window and they would use any excuse to justify a waiver to spy on Americans,” I was told by Adrienne J. Kinne, who in 2001 was a twenty-four-year-old voice intercept operator who conducted some of the eavesdropping. She or her superiors did not have to get a warrant for each interception. “It was incredibly uncomfortable to be listening to private personal conversations of Americans,” she said. “And it’s almost like going through and stumbling and finding somebody’s diary and reading it.”

All during this time, however, the Bush administration was telling the American public the opposite: that a warrant was obtained whenever an American was targeted. “Anytime you hear the United States government talking about a wiretap, it requires—a wiretap requires a court order,” President George W. Bush told a crowd in 2004. “Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so.” After exposure of the operation by The New York Times in 2005, however, rather than strengthen the controls governing the NSA’s spying, Congress instead voted to weaken them, largely by codifying into the amendment to FISA what had previously been illegal.

At the same time, rather than calling for prosecution of the telecom officials for their role in illegally cooperating in the eavesdropping program, or at least a clear public accounting, Congress simply granted them immunity not only from prosecution but also from civil suits. Thus, for nearly a century, telecom companies have been allowed to violate the privacy of millions of Americans with impunity.

With the arrival of the Obama administration, the NSA’s powers continued to expand at the same time that administration officials and the NSA continued to deceive the American public on the extent of the spying. In addition to the denial I have mentioned by James Clapper, General Keith Alexander, the NSA director, also blatantly denied that his agency was keeping records on millions of Americans. In March 2012, Wired magazine published a cover story I wrote on the new one-million-square-foot NSA data center being built in Bluffdale, Utah. In the article, I interviewed William Binney, a former high-ranking NSA official who was largely responsible for automating the agency’s worldwide eavesdropping network. He quit the agency in 2001 in protest after he saw the system designed mainly for intelligence about foreign threats turned inward on the American public. In the interview, he told how the agency was tapping into the country’s communications and Internet networks. He revealed that it also was secretly obtaining warrantless access to billions of phone records of Americans, including those of both AT&T and Verizon. “They’re storing everything they gather,” he said.

In the months afterward, General Alexander repeatedly denied Binney’s charges. “No…we don’t hold data on US citizens,” he told Fox News, and at an Aspen Institute conference he said, “To think we’re collecting on every US person…that would be against the law.” He added, “The fact is we’re a foreign intelligence agency.”

But the documents released by Edward Snowden show that the NSA does have a large-scale program to gather the telephone records of every Verizon customer, including local calls, and presumably a similar agreement with AT&T and other companies. These are records of who called whom and when, not of the content of the conversations, although the NSA has, by other methods, access to the content of conversations as well. But the NSA has, on a daily basis, access to virtually everyone’s phone records, whether cell or landline, and can store, data-mine, and keep them indefinitely. Snowden’s documents describing the PRISM program show that the agency is also accessing the Internet data of the nine major Internet companies in the US, including Google and Yahoo.

Snowden’s documents and statements add greatly to an understanding of just how the NSA goes about conducting its eavesdropping and data-mining programs, and just how deceptive the NSA and the Obama administration have been in describing the agency’s activities to the American public. In a video interview conducted in his room in the Mira Hotel, Snowden elaborated on the extent of the NSA’s capabilities. “Any analyst at any time can target anyone, any selector, anywhere,” he said.

Where those communications will be picked up depends on the range of the sensor networks and the authorities that that analyst is empowered with. Not all analysts have the ability to target everything. But I sitting at my desk certainly had the authorities to wiretap anyone, from you or your accountant to a federal judge to even the president, if I had a personal e-mail [address].

What Snowden was discussing was the way in which analysts at the NSA can place such things as names, phone numbers, and e-mail addresses on target lists, thus causing communications containing those “selectors” to be intercepted. He seemed to be indicating—although this remains to be officially confirmed—that while under FISA, a court order would be required to enter an American on a target list, analysts have the capability to unilaterally bypass the procedure by simply listing a name or e-mail address on the target list. To understand what Snowden is saying, it is necessary to elaborate a bit on the way the NSA conducts its eavesdropping.

Bamford_2-081513.jpgEdward Gorey Charitable Trust

Drawing by Edward Gorey

During the past decade, the NSA has secretly worked to gain access to virtually all communications entering, leaving, or going through the country. A key reason, according to the draft of a top secret NSA inspector general’s report leaked by Snowden, is that approximately one third of all international telephone calls in the world enter, leave, or transit the United States. “Most international telephone calls are routed through a small number of switches or ‘chokepoints’ in the international telephone switching system en route to their final destination,” says the report. “The United States is a major crossroads for international switched telephone traffic.” At the same time, according to the 2009 report, virtually all Internet communications in the world pass through the US. For example, the report notes that during 2002, less than one percent of worldwide Internet bandwidth—i.e., the international link between the Internet and computers—“was between two regions that did not include the United States.”

Accessing this data is possible through a combination of techniques. Through the most effective of them, the NSA can gain direct access to the fiber-optic cables that now carry most kinds of communications data. According to a slide released by Snowden, the cable-tapping operation is codenamed “UPSTREAM” and it is described as the “collection of communications on fiber cables and infrastructure as data flows past.” It also appears to be both far more secret and far more invasive than the PRISM program revealed by Snowden. Although PRISM gives the NSA access to data from the individual Internet companies, such as Yahoo, Google, and Microsoft, the companies claim that they don’t give the agency direct access to their servers. Through UPSTREAM, however, the agency does get direct access to fiber-optic cables and the supporting infrastructure that carries nearly all the Internet and telephone traffic in the country.

As part of its cable-tapping program, the NSA has secretly installed what amount to computerized filters on the telecommunications infrastructure throughout the country. According to the leaked inspector general’s report, the agency has secret cooperative agreements with the top three telephone companies in the country. Although the report disguises their names, they are likely AT&T, Verizon, and Sprint:

NSA determined that under the Authorization it could gain access to approximately 81% of the international calls into and out of the United States through three corporate partners: Company A had access to 39%, Company B 28%, and Company C 14%.

The filters are placed at key junction points known as switches. For example, much of the communications—telephone and Internet—to and from the northwestern United States pass through a nearly windowless nine-story building at 611 Folsom Street in San Francisco. This is AT&T’s regional switching center. In 2003, the NSA built a secret room in the facility and filled it with computers and software from a company called Narus. Established in Israel by Israelis, and now owned by Boeing, Narus specializes in spyware, equipment that examines both the metadata—the names and addresses of people communicating on the Internet—and the content of digital traffic such as e-mail as it zooms past at the speed of light.

The agency also has access to the telephone metadata—the numbers called and calling and other details—of all Americans. Phone calls from telephone numbers that have been selected as targets can be routed directly to the agency and recorded. According to William Binney, the former NSA senior official, the NSA has established between ten and twenty of these secret rooms at telecom company switches around the country.

It is this daily access to the telephone metadata of all Americans without FISA warrants that the NSA and the Office of National Intelligence tried to hide when they falsely denied that the agency had surveillance records on millions of Americans. For years, the agency also had a nationwide bulk e-mail and Internet metadata collection and storage program, although that was ended in 2011 for “operational and resource reasons,” according to the director of national intelligence.

But according to a joint statement issued on July 2 by senators Ron Wyden and Mark Udall, the real reason the program was shut down was that the NSA was “unable” to prove the usefulness of the operation. “We were very concerned about this program’s impact on Americans’ civil liberties and privacy rights,” they said, “and we spent a significant portion of 2011 pressing intelligence officials to provide evidence of its effectiveness. They were unable to do so, and the program was shut down that year.” The senators added, “It is also important to note that intelligence agencies made statements to both Congress and the [FISA court] that significantly exaggerated this program’s effectiveness. This experience demonstrates to us that intelligence agencies’ assessment of the usefulness of particular collection program—even significant ones—are not always accurate.”

Speaking on Meet the Press, Glenn Greenwald, a lawyer and journalist who wrote the story about the NSA’s collection of phone data for The Guardian, also mentioned a still-secret eighty-page FISA court opinion that, he said, criticized the NSA for violation of both the Fourth Amendment and the FISA statute. According to Greenwald, “it specifically said that they are collecting bulk transmissions, multiple conversations from millions of Americans…and that this is illegal.” The NSA, he said, “planned to try to accommodate that ruling.” On the same program, Representative Mike Rogers, Republican chairman of the House Intelligence Committee, confirmed that the FISA court had issued a critical opinion and said that the NSA had “figured out how to correct that.”

According to The Economist of June 29, “the NSA provided congressional intelligence committees with what it said were over 50 cases in which the programmes disclosed by Mr. Snowden had contributed to the ‘understanding and, in many cases, disruption’ of terrorist plots in America, and over 20 other countries.” In a recent New York Review blog post, Kenneth Roth, director of Human Rights Watch and a former federal prosecutor, commented that “upon scrutiny” many of the plots referred to by the NSA

appear in fact to have been uncovered not because of the mass collection of our metadata but through more traditional surveillance of particular phone numbers or e-mail addresses—the kinds of targeted inquiries that easily would have justified a judicial order allowing review of records kept by communications companies or even monitoring the content of those communications.

At the AT&T facility on Folsom Street and the other locations, fiber-optic cables containing millions of communications enter the building and go into what’s known as a beam-splitter. This is a prism-type device that produces a duplicate, mirror image of the original communications. The original beams, containing Internet data, continue on to wherever they were originally destined. The duplicate beam goes into Room 641A, the NSA’s secret room one floor below, a discovery made by another whistleblower, AT&T technician Mark Klein. There the Narus equipment scans all the Internet traffic for “selectors”—names, e-mail address, words, phrases, or other indicators that the NSA wants to know about. Any message containing a selector is then retransmitted in full to the NSA for further analysis, as are the contents of phone calls selected. With regard to targeted phone numbers, the agency supplies them to the company, which then gives the NSA access to monitor them.

The selectors are inserted by remote control into the Narus equipment by NSA analysts sitting at their desks at the agency’s headquarters at Fort Meade in Maryland or at dozens of locations around the world. What Snowden seemed to be saying in his interview is that as long as certain analysts have an e-mail address, for example, they can simply enter that information into the system and retrieve the content of the e-mails sent from and to that address. There are, by his account, no judicial checks and balances to assure that the targeting of an American has been approved by a FISA court order and not just by NSA employees. These claims by Snowden, and other revelations from the documents he released, should be investigated by either a select committee of Congress, such as the Church Committee, or an independent body, like the 9/11 Commission.

While UPSTREAM captures most of the telecommunications—about 80 percent according to Binney—there are still gaps in the coverage. That is where the PRISM program comes in. With PRISM, the NSA is able to go directly to the communications industry, including the major Internet companies, to get whatever they miss from UPSTREAM. According to the top secret inspector general’s report, the “NSA maintains relationships with over 100 US companies,” adding that the US has the “home field advantage as the primary hub for worldwide telecommunications.”

According to a recent slide released by Snowden, the NSA on April 5, 2013, had 117,675 active surveillance targets in the program and was able to access real-time data on live voice, text, e-mail, or Internet chat services, in addition to analyzing stored data.

In the end, both UPSTREAM and PRISM may be only the tips of a much larger system. Another new document released by Snowden says that on New Year’s Eve, 2012, SHELLTRUMPET, a metadata program targeting international communications, had just “processed its One Trillionth metadata record.” Started five years ago, it noted that half of that trillion was added in 2012. It also noted that two more new programs, MOONLIGHTPATH and SPINNERET, “are planned to be added by September 2013.”

One man who was prescient enough to see what was coming was Senator Frank Church, the first outsider to peer into the dark recesses of the NSA. In 1975, when the NSA posed merely a fraction of the threat to privacy it poses today with UPSTREAM, PRISM, and thousands of other collection and data-mining programs, Church issued a stark warning:

That capability at any time could be turned around on the American people and no American would have any privacy left, such [is] the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology…. I don’t want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.

Church sounds as if he had absorbed the lessons of 1984. From the recent evidence, they are still to be learned.

—July 12, 2013

Emergency “Continuity Of Government” Plans Currently In Effect Suspend Normal Laws & Legal Process: Is This The REAL Reason For Government Spying On Americans?

In Uncategorized on June 11, 2013 at 4:54 pm

http://theoldspeakjournal.files.wordpress.com/2013/06/be4f0-shadow_govt_logo.jpg?w=604Oldspeak: “The United States has been in a declared state of emergency from September 2001, to the present… That declared state of emergency has continued in full force and effect from 9/11 to the present. President Bush kept it in place, and President Obama has also… Simply by proclaiming a national emergency… President Bush activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law… Of the 54 National Security Presidential Directives issued by the [George W.] Bush Administration to date, the titles of only about half have been publicly identified. There is descriptive material or actual text in the public domain for only about a third. In other words, there are dozens of undisclosed Presidential directives that define U.S. national security policy and task government agencies, but whose substance is unknown either to the public or, as a rule, to Congress.”  -Washington’s Blog

“Viewed in the context of the government behaviours being exhibited: Indefinite detention, summary executive order executions,  general contempt for,  zealous prosecution of and jailing of journalists, suppression of dissent, state censorship, suspended rights to petition, assemble & speak, state propaganda, compromised system checks and balances, constant mass surveillance; this makes a lot of sense. We’re in living under a form of stealth martial law. How else would our government feel justified and within the law to do enact all these extra-constitutional measures? The “threat of terrorism” has been used to activate hundreds of little known “emergency” legal provisions. Without debate in pubic or  knowledge of the public… Why are we not entitled to know about our Shadow Government that seems to be making so much secret & anti-democratic policy?” -OSJ

By Washington’s Blog:

Are Emergency Plans Meant Only for Nuclear War the Real Justification for Spying?

To understand the scope and extent of government spying on all Americans – and the reasons for such spying – you have to understand what has happened to our Constitutional form of government since 9/11.

State of Emergency

The United States has been in a declared state of emergency from September 2001, to the present. Specifically, on September 11, 2001, the government declared a state of emergency. That declared state of emergency was formally put in writing on 9/14/2001:

A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001 . . .

That declared state of emergency has continued in full force and effect from 9/11 to the present. President Bush kept it in place, and President Obama has also.

For example, on September 9, 2011, President Obama declared:

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 7463

Notice of President of the United States, dated Sept. 9, 2011, 76 F.R. 56633, provided:

Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of
September 11, 2001, and the continuing and immediate threat of
further attacks on the United States.

Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities
adopted to deal with that emergency must continue in effect
beyond September 14, 2011. Therefore, I am continuing in effect for an additional year the national emergency that was declared on September 14, 2001, with respect to the terrorist threat.

This notice shall be published in the Federal Register and
transmitted to the Congress.

The Washington Times wrote on September 18, 2001:

Simply by proclaiming a national emergency on Friday, President Bush activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law.

The White House has kept substantial information concerning its presidential proclamations and directives hidden from Congress. For example, according to Steven Aftergood of the Federation of American Scientists Project on Government Secrecy:

Of the 54 National Security Presidential Directives issued by the [George W.] Bush Administration to date, the titles of only about half have been publicly identified. There is descriptive material or actual text in the public domain for only about a third. In other words, there are dozens of undisclosed Presidential directives that define U.S. national security policy and task government agencies, but whose substance is unknown either to the public or, as a rule, to Congress.

Continuity of Government

Continuity of Government (“COG”) measures were implemented on 9/11. For example, according to the 9/11 Commission Report, at page 38:

At 9:59, an Air Force lieutenant colonel working in the White House Military Office joined the conference and stated he had just talked to Deputy National Security Advisor Stephen Hadley. The White House requested (1) the implementation of continuity of government measures, (2) fighter escorts for Air Force One, and (3) a fighter combat air patrol over Washington, D.C.

Likewise, page 326 of the Report states:

The secretary of defense directed the nation’s armed forces to Defense Condition 3, an increased state of military readiness. For the first time in history, all nonemergency civilian aircraft in the United States were grounded, stranding tens of thousands of passengers across the country. Contingency plans for the continuity of government and the evacuation of leaders had been implemented.

The Washington Post notes that Vice President Dick Cheney initiated the COG plan on 9/11:

From the bunker, Cheney officially implemented the emergency continuity of government orders . . .

(See also footnotes cited therein and this webpage.)

CNN reported that – 6 months later – the plans were still in place:

Because Bush has decided to leave the operation in place, agencies including the White House and top civilian Cabinet departments have rotated personnel involved, and are discussing ways to staff such a contingency operation under the assumption it will be in place indefinitely, this official said.

Similarly, the Washington Post reported in March 2002 that “the shadow government has evolved into an indefinite precaution.” The same article goes on to state:

Assessment of terrorist risks persuaded the White House to remake the program as a permanent feature of ‘the new reality, based on what the threat looks like,’ a senior decisionmaker said.

As CBS pointed out, virtually none of the Congressional leadership knew that the COG had been implemented or was still in existence as of March 2002:

Key congressional leaders say they didn’t know President Bush had established a “shadow government,” moving dozens of senior civilian managers to secret underground locations outside Washington to ensure that the federal government could survive a devastating terrorist attack on the nation’s capital, The Washington Post says in its Saturday editions.

Senate Majority Leader Thomas A. Daschle (D-S.D.) told the Post he had not been informed by the White House about the role, location or even the existence of the shadow government that the administration began to deploy the morning of the Sept. 11 hijackings.

An aide to House Minority Leader Richard A. Gephardt (D-Mo.) said he was also unaware of the administration’s move.

Among Congress’s GOP leadership, aides to House Speaker J. Dennis Hastert (Ill.), second in line to succeed the president if he became incapacitated, and to Senate Minority Leader Trent Lott (Miss.) said they were not sure whether they knew.

Aides to Sen. Robert C. Byrd (D-W. Va.) said he had not been told. As Senate president pro tempore, he is in line to become president after the House speaker.

Similarly, the above-cited CNN article states:

Senate Majority Leader Tom Daschle, D-South Dakota, said Friday he can’t say much about the plan.

“We have not been informed at all about the role of the shadow government or its whereabouts or what particular responsibilities they have and when they would kick in, but we look forward to work with the administration to get additional information on that.”

Indeed, the White House has specifically refused to share information about Continuity of Government plans with the Homeland Security Committee of the U.S. Congress, even though that Committee has proper security clearance to hear the full details of all COG plans.

Specifically, in the summer 2007, Congressman Peter DeFazio, on the Homeland Security Committee (and so with proper security access to be briefed on COG issues), inquired about continuity of government plans, and was refused access. Indeed, DeFazio told Congress that the entire Homeland Security Committee of the U.S. Congress has been denied access to the plans by the White House.

(Or here is the transcript).

The Homeland Security Committee has full clearance to view all information about COG plans.

DeFazio concluded: “Maybe the people who think there’s a conspiracy out there are right”.

University of California Berkeley Professor Emeritus Peter Dale Scott points out that – whether or not COG plans are still in effect – the refusal of the executive branch to disclose their details to Congress means that the Constitutional system of checks and balances has already been gravely injured:

If members of the Homeland Security Committee cannot enforce their right to read secret plans of the Executive Branch, then the systems of checks and balances established by the U.S. Constitution would seem to be failing.

To put it another way, if the White House is successful in frustrating DeFazio, then Continuity of Government planning has arguably already superseded the Constitution as a higher authority.

Indeed, continuity of government plans are specifically defined to do the following:

  • Top leaders of the “new government” called for in the COG would entirely or largely go into hiding, and would govern in hidden locations
  • Those within the new government would know what was going on. But those in the “old government” – that is, the one created by the framers of the Constitution – would not necessarily know the details of what was happening
  • Normal laws and legal processes might largely be suspended, or superseded by secretive judicial forums
  • The media might be ordered by strict laws – punishable by treason – to only promote stories authorized by the new government

See this, this and this.

Could the White House have maintained COG operations to the present day?

I don’t know, but the following section from the above-cited CNN article is not very reassuring:

Bush triggered the precautions in the hours after the September 11 strikes, and has left them in place because of continuing U.S. intelligence suggesting a possible threat.

Concerns that al Qaeda could have gained access to a crude nuclear device “were a major factor” in the president’s decision, the official said. “The threat of some form of catastrophic event is the trigger,” this official said.

This same official went on to say that the U.S. had no confirmation — “and no solid evidence” — that al Qaeda had such a nuclear device and also acknowledged that the “consensus” among top U.S. officials was that the prospect was “quite low.”

Still, the officials said Bush and other top White House officials including Cheney were adamant that the government take precautions designed to make sure government functions ranging from civil defense to transportation and agricultural production could be managed in the event Washington was the target of a major strike.

As is apparent from a brief review of the news, the government has, since 9/11, continuously stated that there is a terrorist threat of a nuclear device or dirty bomb. That alone infers that COG plans could, hypothetically, still be in effect, just like the state of emergency is still in effect and has never been listed.

Indeed,  President Bush said on December 17, 2005, 4 years after 9/11:

The authorization I gave the National Security Agency after Sept. 11 helped address that problem in a way that is fully consistent with my constitutional responsibilities and authorities.

The activities I have authorized make it more likely that killers like these 9/11 hijackers will be identified and located in time.

And the activities conducted under this authorization have helped detect and prevent possible terrorist attacks in the United States and abroad.

The activities I authorized are reviewed approximately every 45 days. Each review is based on a fresh intelligence assessment of terrorist threats to the continuity of our government and the threat of catastrophic damage to our homeland.

During each assessment, previous activities under the authorization are reviewed. The review includes approval by our nation’s top legal officials, including the attorney general and the counsel to the president.

I have reauthorized this program more than 30 times since the Sept. 11 attacks [45 days times 30 equals approximately 4 years] and I intend to do so for as long as our nation faces a continuing threat from Al Qaeda and related groups.

The N.S.A.’s activities under this authorization are thoroughly reviewed by the Justice Department and N.S.A.’s top legal officials, including N.S.A.’s general counsel and inspector general.

In other words, it appears that as of December 2005, COG plans had never been rescincded, but had been continously renewed every 45 days.

In 2008, Tim Shorrock wrote at Salon:

A contemporary version of the Continuity of Government program was put into play in the hours after the 9/11 terrorist attacks, when Vice President Cheney and senior members of Congress were dispersed to “undisclosed locations” to maintain government functions. It was during this emergency period, Hamilton and other former government officials believe, that President Bush may have authorized the NSA to begin actively using the Main Core database for domestic surveillance [more on Main Core below]. One indicator they cite is a statement by Bush in December 2005, after the New York Times had revealed the NSA’s warrantless wiretapping, in which he made a rare reference to the emergency program: The Justice Department’s legal reviews of the NSA activity, Bush said, were based on “fresh intelligence assessment of terrorist threats to the continuity of our government.”

In 2007, President Bush issued Presidential Directive NSPD-51, which purported to change Continuity of Government plans. NSPD51 is odd because:

Beyond cases of actual insurrection, the President may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack, or to any ‘other condition.’ Changes of this magnitude should be made only after a thorough public airing. But these new Presidential powers were slipped into the law without hearings or public debate.

  • As a reporter for Slate concluded after analyzing NSPD-51:

I see nothing in the [COG document entitled presidential directive NSPD51] to prevent even a “localized” forest fire or hurricane from giving the president the right to throw long-established constitutional government out the window

  • White House spokesman Gordon Johndroe said that “because of the attacks of Sept. 11, 2001, the American public needs no explanation of [Continuity of Government] plans”

This is all the more bizarre when you realize that COG plans were originally created solely to respond to a decapitating nuclear strike which killed our civilian leaders.   (It was subsequently expanded decades before 9/11 into a multi-purpose plan by our good friends Dick Cheney and Donald Rumsfeld. See this, this and this.)

Does COG Explain the Pervasive Spying on Americans?

5 years ago, investigative reporter Christopher Ketcham disclosed the spying which was confirmed last week by  whistleblower Edward Snowden:

The following information seems to be fair game for collection without a warrant: the e-mail addresses you send to and receive from, and the subject lines of those messages; the phone numbers you dial, the numbers that dial in to your line, and the durations of the calls; the Internet sites you visit and the keywords in your Web searches; the destinations of the airline tickets you buy; the amounts and locations of your ATM withdrawals; and the goods and services you purchase on credit cards. All of this information is archived on government supercomputers and, according to sources, also fed into the Main Core database.

Given that Ketcham was proven right, let’s see what else he reported:

Given that Ketcham was right about the basics, let’s hear what else the outstanding investigative journalist said in 2008:

There exists a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.” He and other sources tell Radar that the database is sometimes referred to by the code name Main Core. One knowledgeable source claims that 8 million Americans are now listed in Main Core as potentially suspect. In the event of a national emergency, these people could be subject to everything from heightened surveillance and tracking to direct questioning and possibly even detention.”

***

According to one news report, even “national opposition to U.S. military invasion abroad” could be a trigger [for martial law ].

***

When COG plans are shrouded in extreme secrecy, effectively unregulated by Congress or the courts, and married to an overreaching surveillance state—as seems to be the case with Main Core—even sober observers must weigh whether the protections put in place by the federal government are becoming more dangerous to America than any outside threat.

Another well-informed source—a former military operative regularly briefed by members of the intelligence community—says this particular program has roots going back at least to the 1980s and was set up with help from the Defense Intelligence Agency. He has been told that the program utilizes software that makes predictive judgments of targets’ behavior and tracks their circle of associations with “social network analysis” and artificial intelligence modeling tools.

***

A former NSA officer tells Radar that the Treasury Department’s Financial Crimes Enforcement Network, using an electronic-funds transfer surveillance program, also contributes data to Main Core, as does a Pentagon program that was created in 2002 to monitor antiwar protesters and environmental activists such as Greenpeace.

***

If previous FEMA and FBI lists are any indication, the Main Core database includes dissidents and activists of various stripes, political and tax protesters, lawyers and professors, publishers and journalists, gun owners, illegal aliens, foreign nationals, and a great many other harmless, average people.

A veteran CIA intelligence analyst who maintains active high-level clearances and serves as an advisor to the Department of Defense in the field of emerging technology tells Radar that during the 2004 hospital room drama, [current nominee to head the FBI, and former Deputy Attorney General] James Comey expressed concern over how this secret database was being used “to accumulate otherwise private data on non-targeted U.S. citizens for use at a future time.” [Snowden and high-level NSA whistleblower William Binney have since confirmed this] …. A source regularly briefed by people inside the intelligence community adds: “Comey had discovered that President Bush had authorized NSA to use a highly classified and compartmentalized Continuity of Government database on Americans in computerized searches of its domestic intercepts. [Comey] had concluded that the use of that ‘Main Core’ database compromised the legality of the overall NSA domestic surveillance project.”

***

The veteran CIA intelligence analyst notes that Comey’s suggestion that the offending elements of the program were dropped could be misleading: “Bush [may have gone ahead and] signed it as a National Intelligence Finding anyway.” But even if we never face a national emergency, the mere existence of the database is a matter of concern. “The capacity for future use of this information against the American people is so great as to be virtually unfathomable,” the senior government official says.

In any case, mass watch lists of domestic citizens may do nothing to make us safer from terrorism. Jeff Jonas, chief scientist at IBM, a world-renowned expert in data mining, contends that such efforts won’t prevent terrorist conspiracies. “Because there is so little historical terrorist event data,” Jonas tells Radar, “there is not enough volume to create precise predictions.”

***

[J. Edgar Hoover's] FBI “security index” was allegedly maintained and updated into the 1980s, when it was reportedly transferred to the control of none other than FEMA (though the FBI denied this at the time).

FEMA, however—then known as the Federal Preparedness Agency—already had its own domestic surveillance system in place, according to a 1975 investigation by Senator John V. Tunney of California. Tunney, the son of heavyweight boxing champion Gene Tunney and the inspiration for Robert Redford’s character in the film The Candidate, found that the agency maintained electronic dossiers on at least 100,000 Americans that contained information gleaned from wide-ranging computerized surveillance. The database was located in the agency’s secret underground city at Mount Weather, near the town of Bluemont, Virginia. [One of the main headquarter of COG operations.] The senator’s findings were confirmed in a 1976 investigation by the Progressive magazine, which found that the Mount Weather computers “can obtain millions of pieces [of] information on the personal lives of American citizens by tapping the data stored at any of the 96 Federal Relocation Centers”—a reference to other classified facilities. According to the Progressive, Mount Weather’s databases were run “without any set of stated rules or regulations. Its surveillance program remains secret even from the leaders of the House and the Senate.”

***

Wired magazine turned up additional damaging information, revealing in 1993 that [Oliver] North, operating from a secure White House site, allegedly employed a software database program called PROMIS (ostensibly as part of the REX 84 plan). PROMIS, which has a strange and controversial history, was designed to track individuals—prisoners, for example—by pulling together information from disparate databases into a single record. According to Wired, “Using the computers in his command center, North tracked dissidents and potential troublemakers within the United States. Compared to PROMIS, Richard Nixon’s enemies list or Senator Joe McCarthy’s blacklist look downright crude.” Sources have suggested to Radar that government databases tracking Americans today, including Main Core, could still have PROMIS-based legacy code from the days when North was running his programs.

***

Marty Lederman, a high-level official at the Department of Justice under Clinton, writing on a law blog last year, wondered, “How extreme were the programs they implemented [after 9/11]? How egregious was the lawbreaking?” Congress has tried, and mostly failed, to find out.

***

We are at the edge of a cliff and we’re about to fall off,” says constitutional lawyer and former Reagan administration official Bruce Fein. “To a national emergency planner, everybody looks like a danger to stability. There’s no doubt that Congress would have the authority to denounce all this—for example, to refuse to appropriate money for the preparation of a list of U.S. citizens to be detained in the event of martial law. But Congress is the invertebrate branch.

***

UPDATE [from Ketcham]: Since this article went to press, several documents have emerged to suggest the story has longer legs than we thought. Most troubling among these is an October 2001 Justice Department memo that detailed the extra-constitutional powers the U.S. military might invoke during domestic operations following a terrorist attack. In the memo, John Yoo, then deputy assistant attorney general, “concluded that the Fourth Amendment had no application to domestic military operations.” (Yoo, as most readers know, is author of the infamous Torture Memo that, in bizarro fashion, rejiggers the definition of “legal” torture to allow pretty much anything short of murder.) In the October 2001 memo, Yoo refers to a classified DOJ document titled “Authority for Use of Military Force to Combat Terrorist Activities Within the United States.” According to the Associated Press, “Exactly what domestic military action was covered by the October memo is unclear. But federal documents indicate that the memo relates to the National Security Agency’s Terrorist Surveillance Program.” Attorney General John Mukasey last month refused to clarify before Congress whether the Yoo memo was still in force.

Americans have the right to know whether a COG program is  still in effect, and whether the spying on our phone calls and Internet usage stems from such COG plans. Indeed, 9/11 was a horrible blow, but it was not a decapitating nuclear strike on our leaders … so COG and the state of emergency should be lifted.

If COG plans are not still in effect, we have the right to demand that “enemies lists” and spying capabilities developed  for the purpose of responding to a nuclear war be discarded , as we have not been hit by nuclear weapons … and our civilian leaders – on Capitol Hill, the White House, and the judiciary – are still alive and able to govern.

‘We’re Going To Have More Visibility & Less Privacy': NYC Mayor Bloomberg Admits Soon NYPD Surveillance Cameras Will Be On Nearly Every Corner & Drones In The Sky

In Uncategorized on March 26, 2013 at 4:39 pm

New York  Manhattan 59th St 5AV Plaza Hotel . NYPD Security Camera in front Central park .( Marcus Santos for the NY Daily News )Oldspeak:‘You wait, in five years, the technology is getting better, they’ll be cameras everyplace . . . whether you like it or not. The argument against using automation is just this craziness that ‘Oh, it’s Big Brother.’ Get used to it!’ -Michael Bloomberg. Coming soon to a city and town near you: Total Information Awareness! All your movements, communications and activities, constantly observed, analyzed and assessed by parties unknown.  This little story in the News documenting a chilling moment of candor managed to pass without much notice. When tech billionaires start telling you that you should get used to a life where Big Brother is always watching it is significant, especially when he sees it as sure to come as “you can’t keep the tides from coming in.” This man is brazen enough to say omnipresent, constant surveillance is a going to be an unavoidable part of a brave new and “different world, uncharted“. There are already 2 of the same cameras shown above on the main thoroughfare in my neighborhood not more than a couple blocks from each other. This will be our 1984 world.   Where drones surreptitiously peep into people’s windows. Where your DVR watches and listens you via “ambient action” technology and all cameras use face recognition. Face recognition is already being marketed as something cool.  It’s already being used to sell you shit you don’t need.  Now it will be used to keep track of you. Your privacy be damned. This is how the surveillance state protects the interests of the rich and ignores the interests of everyone else. Unless of course your interest is to by something from them.” “Ignorance Is Strength”, “Profit Is Paramount”.

By Tina Moore @ The New York Daily News:

Big Brother is watching. Now get used to it!

Envisioning a future where privacy is a thing of the past, Mayor Bloomberg said Friday it will soon be impossible to escape the watchful eyes of surveillance cameras and even drones in the city.

He acknowledged privacy concerns, but said “you can’t keep the tides from coming in.”

“You wait, in five years, the technology is getting better, they’ll be cameras everyplace . . . whether you like it or not,” Bloomberg said.

The security measures have drawn scorn from some civil libertarians — but Bloomberg scoffed at privacy concerns on his Friday morning program on WOR-AM.

“The argument against using automation is just this craziness that ‘Oh, it’s Big Brother,’” Bloomberg said. “Get used to it!”

RELATED: DRONES SOON PART OF REPORTER’S ARSENAL

The New York Civil Liberties Union has documented nearly 2,400 surveillance cameras fixed on public spaces in Manhattan alone. Many are operated by the police, others by poroperty owners.

In Lower Manhattan, an initiative developed after 9/11 known as the “Ring of Steel” integrates the NYPD’s cameras with those of banks and other institutions.

But in the future, the cameras won’t just be planted on buildings and utility poles. Some of them will be able to fly, the mayor pointed out.

“It’s scary,” Bloomberg said. “But what’s the difference whether the drone is up in the air or on the building? I mean intellectually I have trouble making a distinction. And you know you’re gonna have face recognition software. People are working on that.”

Bloomberg warned that drones would be able to peep into private residences – but that Peeping Tom legislation could help maintain some privacy.

“It’s just we’re going into a different world, unchartered,” he said.

“We’re going to have more visibility and less privacy. I don’t see how you stop that. And it’s not a question of whether I think it’s good or bad. I just don’t see how you could stop that because we’re going to have them.”

tmoore@nydailynews.com

Facebook Commissar Warns Reporter About Political Posts

In Uncategorized on September 13, 2011 at 12:11 pm

Oldspeak:” ‘Infowars.com reporter Darrin McBreen was instructed by the “Facebook Team” to not voice his political opinion on the popular social networking site. “Be careful making about making political statements on facebook,” McBreen was told in an email, “facebook is about building relationships not a platform for your political viewpoint. Don’t antagonize your base. Be careful and congnizat (sic) of what you are preaching.” The message provides further evidence that Facebook is not only monitoring discussions, but also feels compelled to warn users about the supposed inappropriateness of their political viewpoints, especially if they deviate from prepackaged left-vs-right political viewpoints propagated by the establishment.’-Kurt Nimmo Big Brother is watching You. If you challenge the illusion of duality &  status quo that form the basis of our ‘civilization’, you will be reprimanded directly; with the likely objective of staving off the ostensibly social networking fomented uprisings in the middle east. Approved propaganda, disinformation, gossip, entertainment, diversionary “news” = ‘Good’. Dissent, whistleblowers, protest, non-groupthink, dissemination of actual facts = ‘Bad’. ‘Ignorance is Strength’. ‘Freedom Is Slavery’.

By Kurt Nimmo @ Infowars:

Infowars.com reporter Darrin McBreen was instructed by the “Facebook Team” to not voice his political opinion on the popular social networking site.

“Be careful making about making political statements on facebook,” McBreen was told in an email, “facebook is about building relationships not a platform for your political viewpoint. Don’t antagonize your base. Be careful and congnizat (sic) of what you are preaching.”

Facebook sent the message in relation to a comments posted about “Is living off the Grid now a crime?,” an article about “nuisance abatement teams” intimidating people who have decided to disconnect from the power grid in California.

The message provides further evidence that Facebook is not only monitoring discussions, but also feels compelled to warn users about the supposed inappropriateness of their political viewpoints, especially if they deviate from prepackaged left-vs-right political viewpoints propagated by the establishment.

The misspelling contained in the comment indicates it is probably not a boiler-plated message but was written specifically in response to the discussion.

The Facebook is message received by McBreen is intimidation, pure and simple. Thousands of Facebook users utilize the site to push political agendas.

For instance, Obama has a Facebook page and his photo is emblazoned with “2012,” indicating that he will seek to be reelected to political office. Nancy Pelosi’s page identifies her as a “Government Official” and the top post on her page is about Obama’s politicalized “jobs” program.

Facebook obviously is a political platform. It is only an issue when Infowars.com and other politically incorrect individuals and groups post political content.

But Facebook is not merely a political platform in addition to a social one. It is also a spook platform designed for intelligence gathering.

Facebook’s funding can be traced back to the CIA through the venture capital firm Accel Partners. Its manager James Breyer was formerly chairman of the National Venture Capital Association and served on the board with Gilman Louie, CEO of In-Q-Tel, the CIA’s venture capital firm. Anita Jones is also associated with the company. She sat on the In-Q-Tel’s board and was director of Defense Research and Engineering for the Pentagon and served as an adviser to the Secretary of Defense and was involved in the Defense Advanced Research Projects Agency (DARPA). Before it was closed down after it was made public and drew an outraged response from civil libertarians, DARPA ran the Information Awareness Office, a sprawling data-mining scheme.

In-Q-Tel has invested in Visible Technologies, a software firm that specializes in monitoring the internet. “Visible Technologies examines more than half a million websites a day, looking through more than a million posts and interactions happening on blogs, in online forums and on popular social media sites such as Twitter, YouTube, Flickr and Amazon,” The Telegraph reported in 2009.

Although not widely reported by the corporate media, Facebook has now implemented facial recognition software, the latest high-tech gizmo in service to the spook-state.

“The new facial recognition technology, which was announced in December but only introduced to a small test group, is basically Facebook’s way of creating a huge, photo-searchable database of its users. And yes, it’s terrifying,” writes PCWorld. “Facial recognition technology will ultimately culminate in the ability to search for people using just a picture. And that will be the end of privacy as we know it – imagine, a world in which someone can simply take a photo of you on the street, in a crowd, or with a telephoto lens, and discover everything about you on the internet.”

CBS has capitalized on the in-your-face surveillance state in a promotion of a fall drama called “Person of Interest” by exploiting interactive billboards and installing them in New York City and Los Angeles. The billboards take photo of people and “the person’s face is incorporated into the display. The photo is accompanied by a phone number and identification number to text-message. If the person sends the text, they receive a link to their ‘classified file’ and can post the photo on Facebook or Twitter,” explains The Wall Street Journal.

Darrin McBreen’s experience reveals that Facebook not only is in the business of data-mining and surveillance, but also in select instances of informing the targets of that surveillance that they are being watched, a tactic often used by the Stasi and secret police in other totalitarian states.

Thus a seemingly friendly act of instruction on how not to antagonize fellow users of the service becomes an act of political intimidation by an organization with documented links to the CIA and the Pentagon.

 

How The Surveillance State Protects The Interests Of The Ultra-Rich And Ignores The Interests Of Everyone Else

In Uncategorized on August 31, 2011 at 6:16 pm

Oldspeak:’As a burgeoning international protest movement takes shape, opposing austerity measures, decrying the wealth gap and rising inequality, and in some cases directly attacking the interests of oligarchs, we’re likely to see the surveillance state developed for tracking “terrorists” turned on citizen activists peacefully protesting the actions of their government. And as U.S. elections post-Citizens United will be more and more expensive, look for politicians of both parties to enforce these crackdowns.’ -Sarah Jaffe. “This mind-set has been of full display recently with the abysmal debt deal, the extension of bush tax increases, trillions in giveaways to banking cartels, health care cartels and energy cartels, the vast expansion of  surveillance and security infrastructure, savage austerity cuts to public services and social safety nets, shutting down communications networks to stave off protest and dissent, violation of posse comitatus with  NORTHCOM, it’s very clear whose interests are being protected. Those interested in doing away with the firmly ensconced morally bankrupt and generally unsustainable power structure, will find their government and elected officials are not on their side. They’re basically bought and paid for minions of the Corporatocracy.”

By Sarah Jaffe @ Alter Net:

In the aftermath of the riots that rocked London this summer, the Conservative prime minister’s first response was to call for a crackdown on social networking.

Despite data collected by the Guardian showing a strong correlation between poverty and rioting, the government denied that its brutal austerity policies contributed to the desperation and rage of its young people. A researcher found that the majority of rioters who have appeared in court come from poor neighborhoods, 41 percent of them from the poorest in the country—and 66 percent from neighborhoods that have gotten poorer between 2007 and 2010.

Of course, we don’t have widespread rioting in the US yet. But even at a relatively calm, peaceful protest in San Francisco, Bay Area Rapid Transit shut down cell phone towers in the subway system in order to stymie a mass action planned after another shooting by a BART police officer. (It was the police killing of a young man that kicked off London’s riots as well.)

The techniques that were roundly decried by Western leaders when used by Egyptian president Hosni Mubarak against his people’s peaceful revolution are suddenly embraced when it comes to unrest at home. Not only that, but techniques honed in the “war on terror” are now being turned on anti-austerity protesters, clamping down on discontent that was created in the first place by policies of the state.

Glenn Greenwald noted this connection in a recent piece, writing:

“The last year has seen an incredible amount of social upheaval, not just in the Arab world but increasingly in the West. The Guardian today documented the significant role which poverty and opportunity deprivation played in the British riots. Austerity misery — coming soon to the U.S. — has sparked serious upheavals in numerous Western nations. Even if one takes as pessimistic a view as possible of an apathetic, meek, complacent American populace, it’s simply inevitable that some similar form of disorder is in the U.S.’s future as well. As but one example, just consider this extraordinary indicia of pervasive American discontent, from a Gallup finding yesterday.”

That Gallup finding was that only 11 percent of Americans are content with the way things are going in the country.

Greenwald’s point, that the surveillance state is actually designed to protect the interests of the ruling class, is supported by Mike Konczal’s point, in this July piece:

“From a series of legal codes favoring creditors, a two-tier justice system that ignore abuses in foreclosures and property law, a system of surveillance dedicated to maximum observation on spending, behavior and ultimate collection of those with debt and beyond, there’s been a wide refocusing of the mechanisms of our society towards the crucial obsession of oligarchs: wealth and income defense. Control over money itself is the last component of oligarchical income defense, and it needs to be as contested as much as we contest all the other mechanisms.”

Social networking sites are considered wonderful boons to commerce as long as they’re collecting user data to be turned over to advertisers; but when Twitter or Facebook are used to coordinate protests or send warnings about police to fellow activists, they’re suddenly dangers to civilization that must be stopped. And a young activist whose only crime was downloading journal articles from behind JSTOR’s paywall to make them available to all faces 35 years in prison and up to $1 million in fines.

While corporations and banks collect data on all of us, they strongly oppose revealing any of their information to the public, even when they’re quite happy to spend the public’s money. As Bloomberg pointed out in a piece titled “Wall Street Aristocracy Got $1.2 Trillion in Fed’s Secret Loans,” information is just now coming to light about how much money was lent to Bank of America and Citigroup by the Federal Reserve back in 2008.

Bank of America might be breathing a sigh of relief this week, as a breakaway WikiLeaks member told Der Speigel that he had destroyed 5 gigabytes of information from the troubled bank. Daniel Domscheit-Berg claimed that he destroyed the data in order to make sure the sources would not be exposed. Julian Assange claimed this winter to have damning information on the big bank, but held out on releasing it.

But just the threat alone was enough to send BoA to web security firm HBGary—or so we found out when hacker collective Anonymous broke into HBGary’s files and found a file containing a plan to take down WikiLeaks, including attacks aimed at reporters and bloggers like Glenn Greenwald.

Whether it’s government secrets or corporate secrets, the response is the same: more surveillance, more crackdowns on civil liberties, more arrests. As Greenwald notes, Democratic National Committee Chair Rep. Debbie Wasserman-Schultz is sponsoring a bill that would require Internet service providers to keep logs of their customers’ activities for a full year. MasterCard and Visa shut down donations to WikiLeaks back when the information coming out was mostly just embarrassing to the government; the crackdowns on hackers and other techno-activists show the other side of the symbiotic relationship between the national security state and its secrets and corporations and their secrets.

As a burgeoning international protest movement takes shape, opposing austerity measures, decrying the wealth gap and rising inequality, and in some cases directly attacking the interests of oligarchs, we’re likely to see the surveillance state developed for tracking “terrorists” turned on citizen activists peacefully protesting the actions of their government. And as U.S. elections post-Citizens United will be more and more expensive, look for politicians of both parties to enforce these crackdowns.

Despite growing anger at austerity in other countries, those policies have been embraced by both parties here in the States. Groups like US Uncut have stepped into the fray, pointing out the connection between the tax dodging of banks like Bank of America and other corporations and the slashing of the social safety net for everyone else. The new protest movements are led not only by traditional left groups like labor unions, but a generation of young, wired activists using the Internet for innovative protest and revolutionary activism.

Paul Mason of the BBC calls them “the graduates with no future.” Here as well as around the world they have no future—youth are unemployed at nearly double the rate of the rest of the US population and many are laden with student debt, networked, and increasingly in touch with others around the world even as they feel disconnected from the political process here at home.

Laurie Penny wrote of how they’ve been treated in the UK as they fight desperately against the government’s austerity agenda:

“The Metropolitan Police have made their priorities extremely clear. Up to 200 officers have been devoted to hunting down students and anti-cuts activists, knocking on the doors of school pupils and arresting them for their part in demonstrations against education cutbacks that took place nine months ago. Thirty UK Uncut protesters are still facing charges for their part in a peaceful demonstration in Fortnum and Mason, footage from the police recordings of which shows some dangerous anarchists waving placards in the foyer and batting a beach ball over a stack of expensive cheese. Up to 300 activists have been arrested so far, in a joint operation that has already cost the taxpayer £3.65m. By contrast, only eight man-hours were spent in 2009 investigating the allegation that feral press barons were being permitted to run what amounted to a protection racket at the Met.”

As J.A. Myerson explained at Truthout, the revolutions and protest movements around the world in the past year have expressed solidarity with one another, with Egyptians sending pizzas to protesters in Wisconsin’s capitol and the spread of direct action anti-austerity tactics from the group UK Uncut to its spinoff here at home. Americans thrilled to the sight, via Al Jazeera livestream, of Tahrir Square, packed full of peaceful resisters, standing firm in the face of violence. Twitter and Facebook didn’t create the revolutions of the so-called Arab Spring or the protests rocking Europe, but they’ve provided a way for the world’s youth to communicate tactics and exchange ideas.

Matthew Stoller also called attention to the rise of Internet activism, not just the type of social media organizing that can call attention to a protest within hours or even minutes but the “hacktivism” of groups like Anonymous and the work of WikiLeaks in revealing the secrets of the ruling class, and how they connect with the ground protests and labor actions in places like Egypt or even Spain and Greece.

Anger is growing in the US at a stagnant economy, ongoing policies that favor the rich, and little to no help for anyone else. So far we haven’t seen the kind of mass protest that’s hit Europe, let alone the revolutions of the Arab Spring, but if things don’t get any better, the country should prepare for social unrest.

And if that happens, expect more peaceful activists to get caught up in the web of the surveillance state.

 

Sarah Jaffe is an associate editor at AlterNet, a rabblerouser and frequent Twitterer. You can follow her at @seasonothebitch.

FBI To Expand Domestic Surveillance Powers As Details Emerge Of Its Spy Campaign Targeting American Activists

In Uncategorized on June 15, 2011 at 12:57 pm

Oldspeak:”While Obama smiles and waves in Puerto Rico, his justice department is wildin the fuck out.  Today in the supposed land of the free, COINTELPRO is on steroids. Political activists who don’t adhere to the status quo are labeled “domestic terrorists”. They are physically and electronically surveiled and intimidated for years, without firm evidence for suspecting criminal activity.  What’s to stop this vast and unaccountable misuse of government power from being turned on non-politically active Americans? “The FBI is giving agents more leeway to conduct domestic surveillance. According to the New York Times, new guidelines will allow FBI agents to investigate people and organizations “proactively” without firm evidence for suspecting criminal activity. The new rules will free up agents to infiltrate organizations, search household trash, use surveillance teams, search databases, conduct lie detector tests, even without suspicion of any wrongdoing.”- Amy Goodman. Best believe the Thought Police are in full effect.

RELATED LINKS

By Amy Goodman @ Democracy Now:

AMY GOODMAN: Civil liberties advocates are raising alarm over news that the FBI is giving agents more leeway to conduct domestic surveillance. According to the New York Times, new guidelines will allow FBI agents to investigate people and organizations “proactively” without firm evidence for suspecting criminal activity. The new rules will free up agents to infiltrate organizations, search household trash, use surveillance teams, search databases, conduct lie detector tests, even without suspicion of any wrongdoing.

The revised guidelines come as the FBI’s existing practices have already come under wide scrutiny. Last month, the New York Times revealed a number of new revelations against activists targeted by domestic spying. One of those activists is 44-year-old Scott Crow, an Austin, Texas resident, self-proclaimed anarchist. He has just learned he was targeted by the FBI from 2001 until at least 2008. Using the Freedom of Information Act, Scott received 440 pages of heavily redacted documents revealing the FBI had traced the license plates of cars parked in front of his home, recorded the arrival and departure of his guests, observed gatherings that he attended at bookstores and cafes. The agency also tracked his emails and phone conversations, picked through his trash to identify his bank and mortgage companies, visited a gun store where he had sought to purchase a rifle for self-defense. Agents monitored—also asked the Internal Revenue Service to examine his tax returns, and even infiltrated activist groups he associated with. While Crow has been arrested a dozen times in his years of activism, he has never faced a charge more serious than trespassing. He is among a growing number of people and groups finding themselves on the receiving end of government spying.

Well, Scott Crow joins us now from Austin, Texas, to tell his story. And we’re also joined from Washington, D.C., by Mike German, national security policy counsel for the American Civil Liberties Union. He previously served as an FBI agent specializing in domestic counterterrorism from 1988 to 2004.

Mike German, we want to start with you on the most recent news of the new leeway granted to FBI agents, of which you were one years ago, to monitor people, not under any criminal charges or even suspicion. Explain what you understand is happening right now.

MIKE GERMAN: Right. You might remember that in 2008 Attorney General Michael Mukasey altered the attorney general guidelines that govern the FBI’s investigative authorities, and he created a new category of investigations called “assessments.” And these required no factual predicate—in other words, no evidence that anybody had done anything wrong, much less the person who is under investigation. And there are a number of intrusive investigative techniques that were allowed to be used, including physical surveillance, including recruiting and tasking informants, including FBI agents acting in ruse trying to gather information from the subjects of the investigation, conducting interviews, even using grand jury subpoenas to get telephone records.

What the new changes to the FBI’s internal policy is, to allow FBI agents, even without an assessment being open, to search commercial databases—these are subscription services of data aggregators that collect, you know, a broad swath of information and really have a lot of detailed private information about people—and also state and local law enforcement databases. Again, this is without any suspicion of wrongdoing. Without even opening an investigation, agents can start searching for all this private information.

Another increase in their authority is with assessments that they use to determine whether an informant is—whether they can recruit an informant. And one of the things they’re allowed to do is they’re adding trash haul, which means that when you put your garbage out for the garbageman to pick up, it’s an FBI agent picking it up instead, and they go through all this material. And when I asked why they would want to give agents that authority—again, before you have any evidence of wrongdoing—and they said, “Well, it’s often helpful to find something derogatory that could be used to pressure the person into becoming an informant.” So, you know, this is a technique being used specifically to coerce somebody to cooperate against their neighbors or co-workers.

AMY GOODMAN: The FBI declined our interview request today but did send us a statement about the new guidelines. Quoting FBI General Counsel Valerie Caproni, saying, quote: “Each proposed change has been carefully looked at and considered against the backdrop of the tools our employees need to accomplish their mission, the possible risks associated with use of those tools, and the controls that are in place. Overall, this is fine tuning, not any major change. The FBI’s authority to use specific investigative tools is determined through the U.S. Constitution, U.S. statutes, executive orders and the Attorney General’s Guidelines for Domestic FBI Operations. The Domestic Investigations Operations Guide cannot and does not confer additional powers to agents beyond that provided by those controlling authorities.” Your thoughts on that, Mike German?

MIKE GERMAN: Well, again, the 2008 attorney general guidelines so loosened the standards for FBI investigations that they’re basically nonexistent. No factual predicate is required. So the idea that agents would be able to start those investigations without even going through an administrative hurdle of opening an assessment, I think, is an expansion of power that is completely unaccountable.

AMY GOODMAN: I want to go to Scott Crow to hear a real-life story. Scott, talk about when you first applied under the Freedom of Information Act to get information about whether the FBI was monitoring you.

SCOTT CROW: Well, there’s a local organization called the Austin People’s Legal Collective. It all came out after Brandon Darby came out as an informant in 2008. Austin People’s Legal Collective decided to put together a FOIA request for about 30 activists, about 40 organizations and about 10 events going back to the year 2000 in Austin. We sent it to multiple field offices around the country and then—to see what we’d get back, to try to build a picture of what kind of surveillance had been going on, if there’s other infiltration. And in that, most—about 50 percent of the documents that came back came back with nothing. About 30 percent came back—people came back with a mention, or a group came back with a mention. And then there was two cases, a case with the woman who organized the Showdown in Texas, which was an event in 2003—there was about 400 pages of documents—and then mine was a case where they had years of extensive documentation going on. And that was kind of the impetus of it all. And through that, I was able to find out that, you know, that I had—there had been five informants in my life. Brandon Darby was just the last one, who had run through our communities. But when we did this, we did it across nine states. And I found out I was investigated in nine states for arsons and other criminal acts that I was never charged with.

AMY GOODMAN: Now, Brandon Darby, for those who aren’t familiar, who has become a very familiar name in progressive circles, explain your relationship with him and who he is.

SCOTT CROW: Brandon Darby was a person who had been a friend of mine and been on the edge of the activist community within Austin for a number of years. He and I had gone to New Orleans together, and then I ended up co-founding an organization called Common Ground Relief out of that, out of those actions. And he worked at Common Ground for a couple of years and left, and then he ended up setting up—participating in this case with two men at the Republican National Convention, where he possibly entrapped them, but definitely provoked them into doing actions that they would not normally have done, which they ended up going to prison for. And then he came out as an informant, and it turned out he had been investigating a number of us for a number of years.

AMY GOODMAN: So, when exactly did you get the documents from the FBI? And talk about the extent that they showed of their surveillance of you.

SCOTT CROW: Well, let me—let me backtrack for a second. I first found out that I was listed as a domestic terrorist in 2006. The FBI, in the way that they ended up dealing with a lot of law enforcement around the country is they let the local DAs and the local law enforcement officers know in different cities. So in 2006, they let the DA in Baton Rouge know, and he let the lawyers for the Angola 3 know, and the Angola 3 lawyer told me. And that was the first time I ever heard about it, that I was listed as a domestic terrorist and an animal rights extremist.

And what it did was it opened up this world of possibilities in this kafkaesque world, where I’m not being formally charged with anything, but all of these things are happening. I mean, I could see people sitting out in front of my house for years—I mean, all different kinds of cars. And I’m not a paranoid person. I live a very transparent, open glass house. But I could see all these things happening.

There was a BOLO that was issued, a “be on the lookout” report that was issued in 2008, in the Austin Police Department that said I might injure police officers, burn down police cars, or incite riots. And the way I knew about it is because people from the city that I had worked with told me that they saw this poster with my picture on it. Now, again, I couldn’t do anything about this. Well, finally, in 2010, I get these documents that list me as a domestic terrorist since 2001, and it starts—the picture starts to become clearer on all of the things that the FBI has been doing across states, across multiple states, to investigate me and to sow dissent, basically, amongst local and regional law enforcement.

AMY GOODMAN: Some of the redacted FBI documents that show the surveillance of you, Scott, have been posted on the New York Times website. One FBI report describes the meeting of an activist group that you were a part of, saying, quote, “Most attendees dressed like hippies, had [dreadlocks] (both men and women), and smelled of bad odor.” Another report has the extensive details on the contents of your trash.

SCOTT CROW: I mean, those two incidences just scratch the surface. The infiltration happened over and over again in different groups, in different events. There would be law enforcement and informants and people gathering information at all different levels—city, county, state and federal authorities—and private security, too. It’s a revolving door between that sharing information and all of these things. Going through the trash was part of it.

But really, what was—to me, what I think we should talk about is that—how much money they spent investigating me, and not charging me with anything. You know, like, if I’m the tip of the iceberg and there’s other people in other communities that they’re doing this with, how much is the government spending to do something like this? And what kind of chilling effect does it have on activist communities and on us as citizens in this country?

AMY GOODMAN: How extensive, in terms of throughout the United States, was the monitoring of you, Scott? What have you figured out at this point?

SCOTT CROW: Well, they investigated me in nine states, like I said, in 12 field offices. There was five informants. There was one in Austin, two in Houston, one in Dallas and one in Detroit. I could only identify three of those people. The other ones I can’t even identify who they are, people I might have come in contact with over and over again. But they’re targeting—but what we found out through these FOIAs—

AMY GOODMAN: They went to—they went out—

SCOTT CROW:—and through other FOIAs that—

AMY GOODMAN: They went out to the IRS to investigate you, as well?

SCOTT CROW: Absolutely. They sent a letter to the IRS to see if they could get me for tax evasion. And luckily, my partner Ann and I had always had our taxes done, because we had owned our own businesses for the longest time, and they found—the IRS came back and said they couldn’t—there was nothing they could do about it. And there seemed to be a consternation at the FBI about that.

They also used closed-circuit television on a house in Dallas that I lived in, and then in Austin, where they put cameras across—on poles across the streets from my house. The levels that they went to, I think, are unimaginable to most people, because it’s what you hear about in movies or what people fear the most about it. But pretty much anything that you can think of that they did, except for kicking my door in, happened to me. I was threatened with grand juries, the trash digging, which they did on two occasions on the trash digging, being visited at my work and visited at my home. You know, Mike German spoke to, earlier, how they try to put pressure on people to give information. I was first visited by the FBI in 1999. That was the first time I ever heard the words “domestic terrorism” and “animal rights” used together. And also, not only did they try to implicate me in some crimes in Dallas or say that I had—or suggest that I had some responsibility for those crimes, then they tried to use that pressure to get me to give information on other people.

AMY GOODMAN: Now, you were—

SCOTT CROW: And so, how many people is that happening to across the country?

AMY GOODMAN: That is a very important question. Mike German, you’re with the ACLU. There have been a number of raids. These are the obvious—you know, more obvious manifestations of this, raids in Chicago and Minneapolis of activists’ homes. Can you talk about how wide this surveillance is and what you understand is happening in other parts of the country?

MIKE GERMAN: Sure. I think, like Scott said, we only see the tip of the iceberg. But in 2004, 2005 and 2006, the ACLU issued a number of Freedom of Information Act requests for Joint Terrorism Task Force investigations against a number of political—politically active groups who suspected that they were spied on, the same way Scott did. And we uncovered widespread surveillance of different, you know, peace and justice groups, environmental groups, all kinds of different groups. And that, in turn, started an inspector general investigation that was just released in September of 2010 that showed that the FBI was opening these investigations with what they called factually weak predicates, sometimes even speculative predicates. So it wasn’t that they thought that the groups were involved in any criminal activity now, but just that it was a possibility in the future they might be. Well, of course, that’s true for all of us. We all might be future criminals. And that was the sole criteria that the FBI was using to open preliminary inquiries.

Now, these are supposed to be predicated investigations where there is some factual basis. And these investigations, unfortunately, the IG only looked at the cases that the ACLU had already uncovered. He didn’t look beyond those. But what he found was those investigations remained open for years, with no evidence of wrongdoing, that the victims of these investigations would be put on terrorist watch lists. And, you know, you can imagine, for a political activist, you know, kind of like Scott recounted, when the FBI is going around telling local officials that this political activist is a terrorist, that cripples their ability to be effective in their advocacy. And it creates a huge chilling effect that affects not just the people under investigation, but others active on those political issues, and even further, people who want to be active but feel it’s not worth it to come under that kind of surveillance. So it has a real serious effect on our democracy. And that’s really, you know, one of the most dangerous parts about this.

AMY GOODMAN: How has the FBI changed from Bush to Obama? I mean, Robert Mueller has now been head of the FBI for almost 10 years under Bush and Obama.

MIKE GERMAN: You know, this meeting that we were brought to about the expansion of the FBI’s authority last month was really the first opportunity. We were hoping, because we criticized the 2008 guidelines that were put in place in December of 2008—so, literally just a month before the Obama administration took over—we had criticized those heavily, so we were hoping that what we were going to hear was that our criticism had been heard and that they were going to scale back some of the things they were doing. One of the things that we’re still working on is an authority the FBI has given itself in their internal guidelines that allows them to collect racial and ethnic demographic data and to map racial and ethnic communities and collect racial and ethnic behavioral information, whatever that is. And we’re trying to use Freedom of Information Act to get at that information, but it’s difficult.

AMY GOODMAN: Scott Crow, what are your plans right now? And I want to ask Mike German also, what kind of recourse does someone like Scott have, now that you’ve learned the extent of the surveillance? Do you even know, Scott, right now if you’re be monitored?

SCOTT CROW: I assume that I am, because my documents ended in 2008. They said that was all that there was. And just to clarify, they gave me 500 pages of 1,200 pages. So there’s still 700 pages more to get. We’re going to sue to try to get the rest of them and try to get the redactions taken away, so we can see what was going on. But my biggest thing is not to—to tell people not to be afraid, because everything that people fear I’ve had happen to me, and I’m still OK. And I don’t mean that in a cavalier way, because it’s been definitely traumatizing at different points, but if we don’t come out and be open about this, then they’ve already won, and the surveillance and the “war on terror” wins against us.

AMY GOODMAN: And Mike German, the kind of recourse people have? How do they even find out if they are the subject of surveillance?

MIKE GERMAN: It’s very difficult. I mean, one of the things that we’re just finding out in a California case is that the FBI and the Department of Justice have been interpreting a portion of the Freedom of Information Act to allow them to falsely say they do not have responsive documents when they do. So it makes unclear whether the government is even being upfront about whether they have documents that they’re not giving you. So it’s very difficult, but we’re working with the Freedom of Information Act the best we can. We’re working through the courts, and we’re working on Capitol Hill, trying to get our elected representatives to realize how important this is to the American public and to our democracy. If people are afraid to engage in political activism, that’s ultimately going to hurt us more than, you know, the waste of resources and other aspects of this that are also untenable.

AMY GOODMAN: Well, I want to thank you both very much for being with us, Mike German, national security policy counsel for the American Civil Liberties Union, formerly an FBI agent specializing in domestic counterterrorism, and thank you to Scott Crow, Austin-based activist targeted by FBI surveillance. His book Black Flags and Windmills is set to be published in August.

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