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

Posts Tagged ‘National Security State’

Peeling The Onion: Almost Everyone Involved In Developing Tor Was (Or Is) Funded By The US Government

In Uncategorized on July 21, 2014 at 11:35 pm

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Oldspeak: “None are more hopelessly than those who falsely believe they are free-Goethe.

YEEEESH…  i can’t say i’m surprised.  i’m more gullible than i thought.  Turns out TOR was/is a great way for governments to identify and track people who value their anonymity .  And was developed originally for spooks. Needless to say, don’t use Tor if you want to communicate and browse the internet securely. Or maybe this story is bullshit too, who the shit knows at this point. Le Sigh… ” -OSJ

By Yasha Levine @ Pando:

“The United States government can’t simply run an anonymity system for everybody and then use it themselves only. Because then every time a connection came from it people would say, “Oh, it’s another CIA agent.” If those are the only people using the network.”

—Roger Dingledine, co-founder of the Tor Network, 2004

***

In early July, hacker Jacob Appelbaum and two other security experts published a blockbuster story in conjunction with the German press. They had obtained leaked top secret NSA documents and source code showing that the surveillance agency had targeted and potentially penetrated the Tor Network, a widely used privacy tool considered to be the holy grail of online anonymity.

Internet privacy activists and organizations reacted to the news with shock. For the past decade, they had been promoting Tor as a scrappy but extremely effective grassroots technology that can protect journalists, dissidents and whistleblowers from powerful government forces that want to track their every move online. It was supposed to be the best tool out there. Tor’s been an integral part of EFF’s “Surveillance Self-Defense” privacy toolkit. Edward Snowden is apparently a big fan, and so is Glenn Greenwald, who says it “allows people to surf without governments or secret services being able to monitor them.”

But the German exposé  showed Tor providing the opposite of anonymity: it singled out users for total NSA surveillance, potentially sucking up and recording everything they did online.

To many in the privacy community, the NSA’s attack on Tor was tantamount to high treason: a fascist violation of a fundamental and sacred human right to privacy and free speech.

The Electronic Frontier Foundation believes Tor to be “essential to freedom of expression.” Appelbaum — a Wikileaks volunteer and Tor developer — considers volunteering for Tor to be a valiant act on par with Hemingway or Orwell “going to Spain to fight the Franco fascists” on the side of anarchist revolutionaries.

It’s a nice story, pitting scrappy techno-anarchists against the all-powerful US Imperial machine. But the facts about Tor are not as clear cut or simple as these folks make them out to be…

Let’s start with the basics: Tor was developed, built and financed by the US military-surveillance complex. Tor’s original — and current — purpose is to cloak the online identity of government agents and informants while they are in the field: gathering intelligence, setting up sting operations, giving human intelligence assets a way to report back to their handlers — that kind of thing. This information is out there, but it’s not very well known, and it’s certainly not emphasized by those who promote it.

Peek under Tor’s hood, and you quickly realize that just everybody involved in developing Tor technology has been and/or still is funded by the Pentagon or related arm of the US empire. That includes Roger Dingledine, who brought the technology to life under a series of military and federal government contracts. Dingledine even spent a summer working at the NSA.

If you read the fine print on Tor’s website, you’ll see that Tor is still very much in active use by the US government:

“A branch of the U.S. Navy uses Tor for open source intelligence gathering, and one of its teams used Tor while deployed in the Middle East recently. Law enforcement uses Tor for visiting or surveilling web sites without leaving government IP addresses in their web logs, and for security during sting operations.”

NSA? DoD? U.S. Navy? Police surveillance? What the hell is going on? How is it possible that a privacy tool was created by the same military and intelligence agencies that it’s supposed to guard us against? Is it a ruse? A sham? A honeytrap? Maybe I’m just being too paranoid…

Unfortunately, this is not a tinfoil hat conspiracy theory. It is cold hard fact.

Brief history of Tor

The origins of Tor go back to 1995, when military scientists at the Naval Research Laboratory began developing cloaking technology that would prevent someone’s activity on the Internet from being traced back to them. They called it “onion routing” — a method redirecting traffic into a parallel peer-to-peer network and bouncing it around randomly before sending it off to its final destination. The idea was to move it around so as to confuse and disconnect its origin and destination, and make it impossible for someone to observe who you are or where you’re going on the Internet.

Onion routing was like a hustler playing the three-card monte with your traffic: the guy trying to spy on you could watch it going under one card, but he never knew where it would come out.

The technology was funded by the Office of Naval Research and DARPA. Early development was spearheaded by Paul Syverson, Michael Reed and David Goldschlag — all military mathematicians and computer systems researchers working for the Naval Research Laboratory, sitting inside the massive Joint Base Anacostia-Bolling military base in Southeast Washington, D.C.

The original goal of onion routing wasn’t to protect privacy — or at least not in the way most people think of “privacy.” The goal was to allow intelligence and military personnel to work online undercover without fear of being unmasked by someone monitoring their Internet activity.

“As military grade communication devices increasingly depend on the public communications infrastructure, it is important to use that infrastructure in ways that are resistant to traffic analysis. It may also be useful to communicate anonymously, for example when gathering intelligence from public databases,” explained a 1997 paper outlining an early version of onion routing that was published in the Naval Research Labs Review.

In the 90s, as public Internet use and infrastructure grew and multiplied, spooks needed to figure out a way to hide their identity in plain sight online. An undercover spook sitting in a hotel room in a hostile country somewhere couldn’t simply dial up CIA.gov on his browser and log in — anyone sniffing his connection would know who he was. Nor could a military intel agent infiltrate a potential terrorist group masquerading as an online animal rights forum if he had to create an account and log in from an army base IP address.

That’s where onion routing came in. As Michael Reed, one of the inventors of onion routing, explained: providing cover for military and intelligence operations online was their primary objective; everything else was secondary:

The original *QUESTION* posed that led to the invention of Onion Routing was, “Can we build a system that allows for bi-directional communications over the Internet where the source and destination cannot be determined by a mid-point?” The *PURPOSE* was for DoD / Intelligence usage (open source intelligence gathering, covering of forward deployed assets, whatever). Not helping dissidents in repressive countries. Not assisting criminals in covering their electronic tracks. Not helping bit-torrent users avoid MPAA/RIAA prosecution. Not giving a 10 year old a way to bypass an anti-porn filter. Of course, we knew those would be other unavoidable uses for the technology, but that was immaterial to the problem at hand we were trying to solve (and if those uses were going to give us more cover traffic to better hide what we wanted to use the network for, all the better…I once told a flag officer that much to his chagrin).

Apparently solving this problem wasn’t very easy. Onion router research progressed slowly, with several versions developed and discarded. But in 2002, seven years after it began, the project moved into a different and more active phase. Paul Syverson from the Naval Research Laboratory stayed on the project, but two new guys fresh outta MIT grad school came on board: Roger Dingledine and Nick Mathewson. They were not formally employed by Naval Labs, but were on contract from DARPA and the U.S. Naval Research Laboratory’s Center for High Assurance Computer Systems. For the next several years, the three of them worked on a newer version of onion routing that would later become known as Tor.

Very early on, researchers understood that just designing a system that only technically anonymizes traffic is not enough — not if the system is used exclusively by military and intelligence. In order to cloak spooks better, Tor needed to be used by a diverse group of people: Activists, students, corporate researchers, soccer moms, journalists, drug dealers, hackers, child pornographers, foreign agents, terrorists — the more diverse the group that spooks could hide in the crowd in plain sight.

Tor also needed to be moved off site and disassociated from Naval research. As Syverson told Bloomberg in January 2014: “If you have a system that’s only a Navy system, anything popping out of it is obviously from the Navy. You need to have a network that carries traffic for other people as well.”

Dingledine said the same thing a decade earlier at the 2004 Wizards of OS conference in Germany:

“The United States government can’t simply run an anonymity system for everybody and then use it themselves only. Because then every time a connection came from it people would say, ‘Oh, it’s another CIA agent.’ If those are the only people using the network.”

The consumer version of Tor would be marketed to everyone and — equally important — would eventually allow anyone to run a Tor node/relay, even from their desktop computer. The idea was to create a massive crowdsourced torrent-style network made up from thousands of volunteers all across the world.

At the very end of 2004, with Tor technology finally ready for deployment, the US Navy cut most of its Tor funding, released it under an open source license and, oddly, the project was handed over to the Electronic Frontier Foundation.

“We funded Roger Dingledine and Nick Mathewson to work on Tor for a single year from November 2004 through October 2005 for $180,000. We then served as a fiscal sponsor for the project until they got their 501(c)(3) status over the next year or two.  During that time, we took in less than $50,000 for the project,” EFF’s Dave Maass told me by email.

In a December 2004 press release announcing its support for Tor, EFF curiously failed to mention that this anonymity tool was developed primarily for military and intelligence use. Instead, it focused purely on Tor’s ability to protect free speech from oppressive regimes in the Internet age.

“The Tor project is a perfect fit for EFF, because one of our primary goals is to protect the privacy and anonymity of Internet users. Tor can help people exercise their First Amendment right to free, anonymous speech online,” said EFF’s Technology Manager Chris Palmer.

Later on, EFF’s online materials began mentioning that Tor had been developed by the Naval Research Lab, but played down the connection, explaining that it was “in the past.” Meanwhile the organization kept boosting and promoting Tor as a powerful privacy tool:

“Your traffic is safer when you use Tor.”

Playing down Tor’s ties to the military…

The people at EFF weren’t the only ones minimizing Tor’s ties to the military.

In 2005, Wired published what might have been the first major profile of Tor technology. The article was written by Kim Zetter, and headlined: “Tor Torches Online Tracking.” Although Zetter was a bit critical of Tor, she made it seem like the anonymity technology had been handed over by the military with no strings attached to “two Boston-based programmers” — Dingledine and Nick Mathewson, who had completely rebuilt the product and ran it independently.

Dingledine and Mathewson might have been based in Boston, but they — and Tor — were hardly independent.

At the time that the Wired article went to press in 2005, both had been on the Pentagon payroll for at least three years. And they would continue to be on the federal government’s payroll for at least another seven years.

In fact, in 2004, at the Wizards of OS conference in Germany, Dingledine proudly announced that he was building spy craft tech on the government payroll:

“I forgot to mention earlier something that will make you look at me in a new light. I contract for the United States Government to built anonymity technology for them and deploy it. They don’t think of it as anonymity technology, although we use that term. They think of it as security technology. They need these technologies so they can research people they are interested in, so they can have anonymous tip lines, so that they can buy things from people without other countries knowing what they are buying, how much they are buying and where it is going, that sort of thing.”

Government support kept rolling in well after that.

In 2006, Tor research was funded was through a no-bid federal contract awarded to Dingledine’s consulting company, Moria Labs. And starting in 2007, the Pentagon cash came directly through the Tor Project itself — thanks to the fact that Team Tor finally left EFF and registered its own independent 501(c)(3) non-profit.

How dependent was — and is — Tor on support from federal government agencies like the Pentagon?

In 2007, it appears that all of Tor’s funding came from the federal government via two grants. A quarter million came from the International Broadcasting Bureau (IBB), a CIA spinoff that now operates under the Broadcasting Board of Governors. IBB runs Voice of America and Radio Marti, a propaganda outfit aimed at subverting Cuba’s communist regime. The CIA supposedly cut IBB financing in the 1970s after its ties to Cold War propaganda arms like Radio Free Europe were exposed.

The second chunk of cash — just under $100,000 — came from Internews, an NGO aimed at funding and training dissident and activists abroad. Tor’s subsequent tax filings show that grants from Internews were in fact conduits for “pass through” grants from the US State Department.

In 2008, Tor got $527,000 again from IBB and Internews, which meant that 90% of its funding came U.S. government sources that year.

In 2009, the federal government provided just over $900,000, or about 90% of the funding. Part of that cash came through a $632,189 federal grant from the State Department, described in tax filings as a “Pass-Through from Internews Network International.” Another $270,000 came via the CIA-spinoff IBB. The Swedish government gave $38,000, while Google gave a minuscule $29,000.

Most of that government cash went out in the form of salaries to Tor administrators and developers. Tor co-founders Dingledine and Mathewson made $120,000. Jacob Appelbaum, the rock star hacker, Wikileaks volunteer and Tor developer, made $96,000.

In 2010, the State Department upped its grant to $913,000 and IBB gave $180,000 — which added up to nearly $1 million out of a total of $1.3 million total funds listed on tax filings that year. Again, a good chunk of that went out as salaries to Tor developers and managers.

In 2011, IBB gave $150,00, while another $730,000 came via Pentagon and State Department grants, which represented more than 70% of the grants that year. (Although based on tax filings, government contracts added up to nearly 100% of Tor’s funding.)

The DoD grant was passed through the Stanford Research Institute, a cutting edge Cold War military-intel outfit. The Pentagon-SRI grant to Tor was given this description: “Basic and Applied Research and Development in Areas Relating to the Navy Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance.”

That year, a new government funder came the scene: Swedish International Development Cooperation Agency (SIDA), Sweden’s version of USAID, gave Tor $279,000.

In 2012, Tor nearly doubled its budget, taking in $2.2 million from Pentagon and intel-connected grants: $876,099 came from the DoD, $353,000 from the State Department, $387,800 from IBB.

That same year, Tor lined up an unknown amount funding from the Broadcasting Board of Governors to finance fast exit nodes.

Tor at the NSA?

In 2013, the Washington Post revealed that the NSA had figured out various ways of unmasking and penetrating the anonymity of the Tor Network.

Since 2006, according to a 49-page research paper titled simply “Tor,” the agency has worked on several methods that, if successful, would allow the NSA to uncloak anonymous traffic on a “wide scale” — effectively by watching communications as they enter and exit the Tor system, rather than trying to follow them inside. One type of attack, for example, would identify users by minute differences in the clock times on their computers.

The evidence came out of Edward Snowden’s NSA leaks. It appeared that the surveillance agency had developed several techniques to get at Tor. One of the documents explained that the NSA “pretty much guaranteed to succeed.”

Snowden’s leaks revealed another interesting detail: In 2007, Dingledine gave at a talk at the NSA’s HQ explaining Tor, and how it worked.

The Washington Post published the NSA’s notes from their meeting with Dingledine. They showed that Dingledine and the NSA mostly talked about the technical details of Tor — how the network works and some of its security/usability tradeoffs. The NSA was curious about “Tor’s customers,” and Dingledine ran down some of the types of people who could benefit from Tor: Blogger Alice, 8 yr. old Alice, Sick Alice, Consumer Alice, Oppressed Alice, Business Alice, Law Enforcement Alice…

Interestingly, Dingledine told the NSA that “the way TOR is spun is dependent on who the ‘spinee’ is” — meaning that he markets Tor technology in different ways to different people?

Interestingly, the Washington Post article described Dingledine’s trip to the NSA as “a wary encounter, akin to mutual intelligence gathering, between a spy agency and a man who built tools to ward off electronic surveillance.” Dingledine told the paper that he came away from that meeting with the feeling that the NSA was trying to hack the Tor network:

“As he spoke to the NSA, Dingledine said in an interview Friday, he suspected the agency was attempting to break into Tor, which is used by millions of people around the world to shield their identities.”

Dingledine may very well have been antagonistic during his meeting with the NSA. Perhaps he was protective over his Tor baby, and didn’t want its original inventors and sponsors in the US government taking it back. But whatever the reason, the antagonism was not likely borne out of some sort of innate ideological hostility towards the US national security state.

Aside from being on the DoD payroll, Dingledine has spends a considerable amount of his time meeting and consulting with military, intelligence and law enforcement agencies to explain why Tor’s so great, and instructing them on how to use it. What kind of agencies does he meet with? The FBI, CIA and DOJ are just a few… And if you listen to Dingledine explain these encounters in some of his public appearances, one does not detect so much as a whiff of antagonism towards intelligence and law enforcement agencies.

In 2013, during a talk at UC San Diego, Dingledine cheerfully recalled how an exuberant FBI agent rushed up to thank him during his recent trip to the FBI:

“So I’ve been doing a lot of talks lately for law enforcement. And pretty much every talk I do these days, sone FBI person comes up to me afterwards and says, ‘I use Tor everyday for my job. Thank you.’ Another example is anonymous tips — I was talking to the folks who run the CIA anonymous tip line. It’s called the Iraqi Rewards Program…”

Dingledine’s close collaboration with law enforcement aside, there’s the strangely glib manner in which he dismissed news about the NSA hacking into Tor. He seemed totally unconcerned by the evidence revealed by Snowden’s leaks, and played down the NSA’s capabilities in his comments to the Washington Post:

“If those documents actually represent what they can do, they are not as big an adversary as I thought.”

I reached out to Dingledine to ask him about his trip to the NSA and whether he warned the Tor community back in 2007 that he suspected the NSA was targeting Tor users. He didn’t respond.

How safe is Tor, really?

If Dingledine didn’t appear to be fazed by evidence of the NSA’s attack on Tor anonymity, it’s strange considering that an attack by a powerful government entity has been known to be one Tor’s principle weaknesses for quite some time.

In a 2011 discussion on Tor’s official listserv, Tor developer Mike Perry admitted that Tor might not be very effective against powerful, organized “adversaries” (aka governments) that are capable monitoring huge swaths of the Internet.

“Extremely well funded adversaries that are able to observe large portions of the Internet can probably break aspects of Tor and may be able to deanonymize users. This is why the core tor program currently has a version number of 0.2.x and comes with a warning that it is not to be used for “strong anonymity”. (Though I personally don’t believe any adversary can reliably deanonymize *all* tor users . . . but attacks on anonymity are subtle and cumulative in nature).

Indeed, just last year, Syverson was part of a research team that pretty much proved that Tor can no longer be expected to protect users over the long term.

“Tor is known to be insecure against an adversary that can observe a user’s traffic entering and exiting the anonymity network. Quite simple and efficient techniques can correlate traffic at these separate locations by taking advantage of identifying traffic patterns. As a result, the user and his destination may be identified, completely subverting the protocol’s security goals.”

The researchers concluded: “These results are somewhat gloomy for the current security of the Tor network.”

While Syverson indicated that some of the security issues identified by this research have been addressed in recent Tor versions, the findings only added to a growing list of other research and anecdotal evidence showing Tor’s not as safe as its boosters want you to think — especially when pitted against determined intelligence agencies.

Case-in-point: In December 2013, a 20-year-old Harvard panicked overachiever named Edlo Kim learned just how little protection Tor offered for would be terrorists.

To avoid taking a final exam he wasn’t prepared for, Kim hit up on the idea of sending in a fake bomb threat. То cover his tracks, he used Tor, supposedly the best anonymity service the web had to offer. But it did little mask his identity from a determined Uncle Sam. A joint investigation, which involved the FBI, the Secret Service and local police, was able to track the fake bomb threat right back to Kim — in less than 24 hours.

As the FBI complaint explained, “Harvard University was able to determine that, in the several hours leading up to the receipt of the e-mail messages described above, ELDO KIM accessed TOR using Harvard’s wireless network.” All that Tor did was make the cops jump a few extra steps. But it wasn’t hard, nothing that a bit of manpower with full legal authority to access network records couldn’t solve. It helped that Harvard’s network logging all metadata access on the network — sorta like the NSA.

Over the past few years, U.S. law enforcement has taken control and shutdown a series of illegal child porn and drug marketplaces operating on what should have been untraceable, hyper-anonymous servers running in the Tor cloud.

In 2013, they took down Freedom Hosting, which was accused of being a massive child porn hosting operation — but not before taking control of its servers and intercepting all of its communication with customers. The FBI did the same thing that same year with the online drug superstore Silkroad, which also ran its services in the Tor cloud. Although, rookie mistakes helped FBI unmask the identity of Dred Pirate Roberts, it is still a mystery how they were able to totally take over and control, and even copy, a server run in the Tor cloud — something that is supposed to be impossible.

Back in 2007, a Swedish hacker/researcher named Dan Egerstad showed that just by running a Tor node, he could siphon and read all the unencrypted traffic that went through his chunk of the Tor network. He was able to access logins and passwords to accounts of NGOs, companies, and the embassies of India and Iran. Egerstad thought at first that embassy staff were just being careless with their info, but quickly realized that he had actually stumbled on a hack/surveillance operation in which Tor was being used to covertly access these accounts.

Although Egerstad was a big fan of Tor and still believes that Tor can provide anonymity if used correctly, the experience made him highly suspicious.

He told Sydney Morning Herald that he thinks many of the major Tor nodes are being run by intelligence agencies or other parties interested in listening in on Tor communication.

“I don’t like speculating about it, but I’m telling people that it is possible. And if you actually look in to where these Tor nodes are hosted and how big they are, some of these nodes cost thousands of dollars each month just to host because they’re using lots of bandwidth, they’re heavy-duty servers and so on. Who would pay for this and be anonymous? For example, five of six of them are in Washington D.C.…”

Tor stinks?

Tor supporters point to a cache of NSA documents leaked by Snowden to prove that the agency fears and hates Tor. A 2013 Guardian story based on these docs — written by James Ball, Bruce Schneier and Glenn Greenwald — argues that agency is all but powerless against the anonymity tool.

…the documents suggest that the fundamental security of the Torservice remains intact. One top-secret presentation, titled ‘Tor Stinks’, states: “We will never be able to de-anonymize all Tor users all the time.” It continues: “With manual analysis we can de-anonymize a very small fraction of Tor users,” and says the agency has had “no success de-anonymizing a user in response” to a specific request.

Another top-secret presentation calls Tor “the king of high-secure, low-latency internet anonymity”.

But the NSA docs are far from conclusive and offer conflicting bits of evidence, allowing for multiple interpretations. But the fact is that the NSA and GCHQ clearly have the capability to compromise Tor, but it might take a bit of targeted effort.

One thing is clear: the NSA most certainly does not hate or fear Tor. And some aspects about Tor are definitely welcomed by the NSA, in part because it helps concentrate potential “targets” in one convenient location.

Tor Stinks… But it Could be Worse

• Critical mass of targets use Tor. Scaring them away might be counterproductive.

• We can increase our success rate and provide more client IPs for individual Tor users.

• We will never get 100% but we don’t need to provide true IPs for every target every time they use Tor.

Tor network is not as difficult to capture as it may seem…

In 2012, Tor co-founder Roger Dingledine revealed that the Tor Network is configured to prioritize speed and route traffic through through the fastest servers/nodes available. As a result, the vast bulk of Tor traffic runs through several dozen of the fastest and most dependable servers: “on today’s network, clients choose one of the fastest 5 exit relays around 25-30% of the time, and 80% of their choices come from a pool of 40-50 relays.”

Dingledine was criticized by Tor community for the obvious reason that funneling traffic through a handful of fast nodes made surveilling and subverting Tor much easier. Anyone can run a Tor node — a research student in Germany, a guy with FIOS connection in Victorville (which is what I did for a few months), an NSA front out of Hawaii or a guy working for China’s Internet Police.

There’s no way of knowing if the people running the fastest most stable nodes are doing it out of goodwill or because it’s the best way to listen in and subvert the Tor network. Particularly troubling was that Snowden’s leaks clearly showed the NSA and GCHQ run Tor nodes, and are interested in running more.

And running 50 Tor nodes doesn’t seem like it would be too difficult for any of the world’s intelligence agencies — whether American, German, British, Russian, Chinese or Iranian. Hell, if you’re an intelligence agency, there’s no reason not to run a Tor node.

Back in 2005, Dingledine admitted to Wired that this was a “tricky design question” but couldn’t provide a good answer to how they’d handle it. In 2012, he dismissed his critics altogether, explaining that he was perfectly willing to sacrifice security for speed — whatever it took to take get more people to use Tor:

This choice goes back to the original discussion that Mike Perry and I were wrestling with a few years ago… if we want to end up with a fast safe network, do we get there by having a slow safe network and hoping it’ll get faster, or by having a fast less-safe network and hoping it’ll get safer? We opted for the “if we don’t stay relevant to the world, Tor will never grow enough” route.

Speaking of spooks running Tor nodes…

If you thought the Tor story couldn’t get any weirder, it can and does. Probably the strangest part of this whole saga is the fact that Edward Snowden ran multiple high-bandwidth Tor nodes while working as an NSA contractor in Hawaii.

This only became publicly known last May, when Tor developer Runa Sandvik (who also drew her salary from Pentagon/State Department sources at Tor) told Wired’s Kevin Poulsen that just two weeks before he would try to get in touch with Glenn Greenwald, Snowden emailed her, explaining that he ran a major Tor node and wanted to get some Tor stickers.

Stickers? Yes, stickers.

Here’s Wired:

In his e-mail, Snowden wrote that he personally ran one of the “major tor exits”–a 2 gbps server named “TheSignal”–and was trying to persuade some unnamed coworkers at his office to set up additional servers. He didn’t say where he worked. But he wanted to know if Sandvik could send him a stack of official Tor stickers. (In some post-leak photos of Snowden you can see the Tor sticker on the back of his laptop, next to the EFF sticker).

Snowden’s request for Tor stickers turned into something a bit more intimate. Turned out that Sandvik was already planning to go to Hawaii for vacation, so she suggested they meet up to talk about communication security and encryption.

She wrote Snowden back and offered to give a presentation about Tor to a local audience. Snowden was enthusiastic and offered to set up a crypto party for the occasion.

So the two of them threw a “crypto party” at a local coffee shop in Honolulu, teaching twenty or so locals how to use Tor and encrypt their hard drives. “He introduced himself as Ed. We talked for a bit before everything started. And I remember asking where he worked or what he did, and he didn’t really want to tell,” Sandvik told Wired.

But she did learn that Snowden was running more than one Tor exit node, and that he was trying to get some of his buddies at “work”to set up additional Tor nodes…

H’mmm….So Snowden running powerful Tor nodes and trying to get his NSA colleagues to run them, too?

I reached out to Sandvik for comment. She didn’t reply. But Wired’s Poulsen suggested that running Tor nodes and throwing a crypto party was a pet privacy project for Snowden. “Even as he was thinking globally, he was acting locally.”

But it’s hard to imagine a guy with top secret security clearance in the midst of planning to steal a huge cache of secrets would risk running a Tor node to help out the privacy cause. But then, who hell knows what any of this means.

I guess it’s fitting that Tor’s logo is an onion — because the more layers you peel and the deeper you get, the less things make sense and the more you realize that there is no end or bottom to it. It’s hard to get any straight answers — or even know what questions you should be asking.

In that way, the Tor Project more resembles a spook project than a tool designed by a culture that values accountability or transparency.

“The State Knows The Tinder Is There”: The Sparks Of Revolution

In Uncategorized on October 3, 2013 at 5:40 pm

https://i0.wp.com/www.truth-out.org/images/images_2013_09/2013.9.30.Hedges.Main.jpgOldspeak: “The most important dilemma facing us is not ideological. It is logistical. The security and surveillance state has made its highest priority the breaking of any infrastructure that might spark widespread revolt. The state knows the tinder is there. It knows that the continued unraveling of the economy and the effects of climate change make popular unrest inevitable. It knows that as underemployment and unemployment doom at least a quarter of the U.S. population, perhaps more, to perpetual poverty, and as unemployment benefits are scaled back, as schools close, as the middle class withers away, as pension funds are looted by hedge fund thieves, and as the government continues to let the fossil fuel industry ravage the planet, the future will increasingly be one of open conflict. This battle against the corporate state, right now, is primarily about infrastructure. We need an infrastructure to build revolt. The corporate state is determined to deny us one…

The state has, at the same time, heavily infiltrated movements in order to discredit, isolate and push out their most competent leaders. It has used its vast surveillance capacities to monitor all forms of electronic communications, as well as personal relationships between activists, giving the state the ability to paralyze planned actions before they can begin. It has mounted a public relations campaign to demonize anyone who resists, branding environmental activists as “ecoterrorists,” charging activists under draconian terrorism laws, hunting down whistle-blowers such as Chelsea Manning, Julian Assange and Edward Snowden who shine a light on the inner secrets of power and condemning them as traitors and threats to national security…

Occupy articulated the concerns of the majority of citizens. Most of the citizenry detests Wall Street and big banks. It does not want more wars. It needs jobs. It is disgusted with the subservience of elected officials to corporate power. It wants universal health care. It worries that if the fossil fuel industry is not stopped, there will be no future for our children. And the state is using all its power to stymie any movement that expresses these concerns. Documents released under the Freedom of Information Act show Homeland Security, the FBI, the Federal Protective Service, the Park Service and most likely the NSA and the CIA (the latter two have refused to respond to FOIA requests) worked with police across the country to infiltrate and destroy the encampments. There were 7,765 arrests of people in the movement. Occupy, at its peak, had about 350,000 people—or about 0.1 percent of the U.S. population.”  -Chris Hedges

History teaches that we have the power to transform the nation, We put forward a strategic framework that would allow people to work together in a common direction to end the rule of money. We need to be a nationally networked movement of many local, regional and issue-focused groups so we can unite into one mass movement. Research shows that nonviolent mass movements win. Fringe movements fail. By ‘mass’ we mean with an objective that is supported by a large majority and 1 percent to 5 percent of the population actively working for transformation. Look how afraid the power structure was of a mere 1/10th of 1 percent of the population…. What happens when the movement grows to 1 percent—not a far reach—or the 5 percent that some research shows is the tipping point where no government, dictatorship or democracy can withstand the pressure from below?” -Kevin Zeese

“While the distractions abound and conditions worsen, the people’s discontent grows… Wal-Mart workers protest. Fast food workers protest. College students protest. Academics protest. Federal workers protest. Parents protestVeterans protest. Prisoners protest. Youth Protest. undocumented protest. Teachers protest. What happens indeed when these movements coalesce and reach the tipping point where the disenfranchised, struggling, downtrodden & fleeced masses can stand no more? Like Mario Savio said: “There’s a time when the operation of the machine becomes so odious—makes you so sick at heart—that you can’t take part. You can’t even passively take part. And you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop. And you’ve got to indicate to the people who run it, to the people who own it that unless you’re free, the machine will be prevented from working at all.” A reckoning is fast approaching when we’ll have to face some unpleasant truths. Will be a sight to see… -OSJ

By Chris Hedges @ Truthout:

I am reading and rereading the debates among some of the great radical thinkers of the 19th and 20th centuries about the mechanisms of social change. These debates were not academic. They were frantic searches for the triggers of revolt.

Vladimir Lenin placed his faith in a violent uprising, a professional, disciplined revolutionary vanguard freed from moral constraints and, like Karl Marx, in the inevitable emergence of the worker’s state. Pierre-Joseph Proudhon insisted that gradual change would be accomplished as enlightened workers took over production and educated and converted the rest of the proletariat. Mikhail Bakunin predicted the catastrophic breakdown of the capitalist order, something we are likely to witness in our lifetimes, and new autonomous worker federations rising up out of the chaos. Pyotr Kropotkin, like Proudhon, believed in an evolutionary process that would hammer out the new society. Emma Goldman, along with Kropotkin, came to be very wary of both the efficacy of violence and the revolutionary potential of the masses. “The mass,” Goldman wrote bitterly toward the end of her life in echoing Marx, “clings to its masters, loves the whip, and is the first to cry Crucify!”

The revolutionists of history counted on a mobilized base of enlightened industrial workers. The building blocks of revolt, they believed, relied on the tool of the general strike, the ability of workers to cripple the mechanisms of production. Strikes could be sustained with the support of political parties, strike funds and union halls. Workers without these support mechanisms had to replicate the infrastructure of parties and unions if they wanted to put prolonged pressure on the bosses and the state. But now, with the decimation of the U.S. manufacturing base, along with the dismantling of our unions and opposition parties, we will have to search for different instruments of rebellion.

We must develop a revolutionary theory that is not reliant on the industrial or agrarian muscle of workers. Most manufacturing jobs have disappeared, and, of those that remain, few are unionized. Our family farms have been destroyed by agro-businesses. Monsanto and its Faustian counterparts on Wall Street rule. They are steadily poisoning our lives and rendering us powerless. The corporate leviathan, which is global, is freed from the constraints of a single nation-state or government. Corporations are beyond regulation or control. Politicians are too anemic, or more often too corrupt, to stand in the way of the accelerating corporate destruction. This makes our struggle different from revolutionary struggles in industrial societies in the past. Our revolt will look more like what erupted in the less industrialized Slavic republics, Russia, Spain and China and uprisings led by a disenfranchised rural and urban working class and peasantry in the liberation movements that swept through Africa and Latin America. The dispossessed working poor, along with unemployed college graduates and students, unemployed journalists, artists, lawyers and teachers, will form our movement. This is why the fight for a higher minimum wage is crucial to uniting service workers with the alienated college-educated sons and daughters of the old middle class. Bakunin, unlike Marx, considered déclassé intellectuals essential for successful revolt.

It is not the poor who make revolutions. It is those who conclude that they will not be able, as they once expected, to rise economically and socially. This consciousness is part of the self-knowledge of service workers and fast food workers. It is grasped by the swelling population of college graduates caught in a vise of low-paying jobs and obscene amounts of debt. These two groups, once united, will be our primary engines of revolt. Much of the urban poor has been crippled and in many cases broken by a rewriting of laws, especially drug laws, that has permitted courts, probation officers, parole boards and police to randomly seize poor people of color, especially African-American men, without just cause and lock them in cages for years. In many of our most impoverished urban centers—our internal colonies, as Malcolm X called them—mobilization, at least at first, will be difficult. The urban poor are already in chains. These chains are being readied for the rest of us. “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, beg in the streets or steal bread,” W.E.B. Du Bois commented acidly.

Erica Chenoweth and Maria J. Stephan examined 100 years of violent and nonviolent resistance movements in their book “Why Civil Resistance Works.” They concluded that nonviolent movements succeed twice as often as violent uprisings. Violent movements work primarily in civil wars or in ending foreign occupations, they found. Nonviolent movements that succeed appeal to those within the power structure, especially the police and civil servants, who are cognizant of the corruption and decadence of the power elite and are willing to abandon them.

“History teaches that we have the power to transform the nation,” Kevin Zeese said when I interviewed him. Zeese, who with Dr. Margaret Flowers founded PopularResistance.org and helped plan the occupation of Freedom Plaza in Washington, D.C., continued: “We put forward a strategic framework that would allow people to work together in a common direction to end the rule of money. We need to be a nationally networked movement of many local, regional and issue-focused groups so we can unite into one mass movement. Research shows that nonviolent mass movements win. Fringe movements fail. By ‘mass’ we mean with an objective that is supported by a large majority and 1 percent to 5 percent of the population actively working for transformation.”

Zeese said this mass resistance must work on two tracks. It must attempt to stop the machine while at the same time building alternative structures of economic democracy and participatory democratic institutions. It is vital, he said, to sever ourselves from the corporate economy. Money, he said, has to be raised for grass-roots movements since most foundations that give grants are linked to the Democratic Party. Radical student and environmental groups especially need funds to build national networks, as does the public banking initiative. This initiative is essential to the movement. It will never find support among legislative bodies, for public banks would free people from the tyranny of commercial banks and Wall Street.

The most important dilemma facing us is not ideological. It is logistical. The security and surveillance state has made its highest priority the breaking of any infrastructure that might spark widespread revolt. The state knows the tinder is there. It knows that the continued unraveling of the economy and the effects of climate change make popular unrest inevitable. It knows that as underemployment and unemployment doom at least a quarter of the U.S. population, perhaps more, to perpetual poverty, and as unemployment benefits are scaled back, as schools close, as the middle class withers away, as pension funds are looted by hedge fund thieves, and as the government continues to let the fossil fuel industry ravage the planet, the future will increasingly be one of open conflict. This battle against the corporate state, right now, is primarily about infrastructure. We need an infrastructure to build revolt. The corporate state is determined to deny us one.

The corporate state, unnerved by the Occupy movement, has moved to close any public space to movements that might reignite encampments. For example, New York City police arrested members of Veterans for Peace on Oct. 7, 2012, when they stayed beyond the 10 p.m. official closing time at the Vietnam Veterans Memorial. The police, who in some cases apologized to the veterans as they handcuffed them, were open about the motive of authorities: Officers told those being taken to jail they should blame the Occupy movement for the arrests.

The state has, at the same time, heavily infiltrated movements in order to discredit, isolate and push out their most competent leaders. It has used its vast surveillance capacities to monitor all forms of electronic communications, as well as personal relationships between activists, giving the state the ability to paralyze planned actions before they can begin. It has mounted a public relations campaign to demonize anyone who resists, branding environmental activists as “ecoterrorists,” charging activists under draconian terrorism laws, hunting down whistle-blowers such as Chelsea Manning, Julian Assange and Edward Snowden who shine a light on the inner secrets of power and condemning them as traitors and threats to national security. The state has attempted—and in this effort some in the Black Bloc proved unwittingly useful—to paint the movement as violent and directionless.

Occupy articulated the concerns of the majority of citizens. Most of the citizenry detests Wall Street and big banks. It does not want more wars. It needs jobs. It is disgusted with the subservience of elected officials to corporate power. It wants universal health care. It worries that if the fossil fuel industry is not stopped, there will be no future for our children. And the state is using all its power to stymie any movement that expresses these concerns. Documents released under the Freedom of Information Act show Homeland Security, the FBI, the Federal Protective Service, the Park Service and most likely the NSA and the CIA (the latter two have refused to respond to FOIA requests) worked with police across the country to infiltrate and destroy the encampments. There were 7,765 arrests of people in the movement. Occupy, at its peak, had about 350,000 people—or about 0.1 percent of the U.S. population.

“Look how afraid the power structure was of a mere 1/10th of 1 percent of the population,” Zeese said. “What happens when the movement grows to 1 percent—not a far reach—or the 5 percent that some research shows is the tipping point where no government, dictatorship or democracy can withstand the pressure from below?”

The state cannot allow workers at Wal-Mart, or any other nonunionized service center, to have access to an infrastructure or resources that might permit prolonged strikes and boycotts. And the movement now is about nuts and bolts. It is about food trucks, medical tents, communications vans and musicians and artists willing to articulate and sustain the struggle. We will have to build what unions and radical parties supplied in the past.

The state, in its internal projections, has a vision of the future that is as dystopian as mine. But the state, to protect itself, lies. Politicians, corporations, the public relations industry, the entertainment industry and our ridiculous television pundits speak as if we can continue to build a society based on limitless growth, profligate consumption and fossil fuel. They feed the collective mania for hope at the expense of truth. Their public vision is self-delusional, a form of collective psychosis. The corporate state, meanwhile, is preparing privately for the world it knows is actually coming. It is cementing into place a police state, one that includes the complete evisceration of our most basic civil liberties and the militarization of the internal security apparatus, as well as wholesale surveillance of the citizenry.

The most pressing issue facing us right now is the most prosaic. Protesters attempting to block the Keystone XL pipeline can endure only for so long if they have nothing to eat but stale bagels. They need adequate food. They need a system of communication to get their message out to alternative media that will amplify it. They need rudimentary medical care. All of these elements were vital to the Occupy movement. And these elements, when they came together, allowed the building of a movement that threatened the elite. The encampments also carried within them internal sources of disintegration. Many did not adequately control some groups. Many were hijacked or burdened by those who drained the political work of the movement. Many found that consensus, which worked well in small groups, created paralysis in groups of several hundred or a few thousand. And many failed to anticipate the numbing exhaustion that crushed activists. But these encampments did provide what was most crucial to the movement, something unions or the old Communist Party once provided to militants in the past. They provided the logistics to sustain resistance. And the destruction of the encampments, more than anything else, was a move by the state to deny to us the infrastructure needed to resist.

Infrastructure alone, however, will not be enough.  The resistance needs a vibrant cultural component. It was the spirituals that nourished the souls of African-Americans during the nightmare of slavery. It was the blues that spoke to the reality of black people during the era of Jim Crow. It was the poems of Federico Garcia Lorca that sustained the republicans fighting the fascists in Spain. Music, dance, drama, art, song, painting were the fire and drive of resistance movements. The rebel units in El Salvador when I covered the war there always traveled with musicians and theater troupes. Art, as Emma Goldman pointed out, has the power to make ideas felt. Goldman noted that when Andrew Undershaft, a character in George Bernard Shaw’s play “Major Barbara,” said poverty is “[t]he worst of crimes” and “All the other crimes are virtues beside it,” his impassioned declaration elucidated the cruelty of class warfare more effectively than Shaw’s socialist tracts. The degradation of education into vocational training for the corporate state, the ending of state subsidies for the arts and journalism, the hijacking of these disciplines by corporate sponsors, severs the population from understanding, self-actualization and transcendence. In aesthetic terms the corporate state seeks to crush beauty, truth and imagination. This is a war waged by all totalitarian systems.

Culture, real culture, is radical and transformative. It is capable of expressing what lies deep within us. It gives words to our reality. It makes us feel as well as see. It allows us to empathize with those who are different or oppressed. It reveals what is happening around us. It honors mystery. “The role of the artist, then, precisely, is to illuminate that darkness, blaze roads through the vast forest,” James Baldwin wrote, “so that we will not, in all our doing, lose sight of its purpose, which is, after all, to make the world a more human dwelling place.”

Artists, like rebels, are dangerous. They speak a truth that totalitarian systems do not want spoken. “Red Rosa now has vanished too. …” Bertolt Brecht wrote after Luxemburg was murdered. “She told the poor what life is about, And so the rich have rubbed her out.” Without artists such as musician Ry Cooder and playwrights Howard Brenton and Tarell Alvin McCraney we will not succeed. If we are to face what lies ahead, we will not only have to organize and feed ourselves, we will have to begin to feel deeply, to face unpleasant truths, to recover empathy and to live passionately. Then we can fight.

Chris Hedges
Chris Hedges spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans. He has reported from more than 50 countries and has worked for The Christian Science Monitor, National Public Radio, The Dallas Morning News and The New York Times, for which he was a foreign correspondent for 15 years. 
 

 

High Level Congressional Staffer Speaks: An Insider’s View Of The Administration’s Response To NSA Surveillance Leaks

In Uncategorized on August 12, 2013 at 7:07 pm
Jennifer Hoelzer U.S. Sen. Ron Wyden (D-OR) (R) shows off a current version of the computer game "Oregon Trail" on his iPhone while playing the the original version on an Apple IIGS with his Communications Director Jennifer Hoelzer (C) after a news conference about the 25th anniversary of the Electronic Communications Privacy Act (ECPA) October 18, 2011 in Washington, DC. Wyden and U.S. Sen. Mark Kirk (R-IL) called for the ECPA legislation to be updated so to ensure that the government must get a warrant from a judge before tracking our movements or reading our private communications.

U.S. Sen. Ron Wyden (D-OR) (R) and his Communications Director Jennifer Holelzer play the computer game “Oregon Trail” on an Apple IIGS after a news conference about the 25th anniversary of the Electronic Communications Privacy Act (ECPA) October 18, 2011 in Washington, DC. Wyden and U.S. Sen. Mark Kirk (R-IL) called for the ECPA legislation to be updated so to ensure that the government must get a warrant from a judge before tracking our movements or reading our private communications.

Oldspeak: “ A big part of the reason the American people are having a hard time trusting their government is that the public’s trust in government is harmed every time the American people learn that their government is secretly doing something they not only assumed was illegal but that government officials specifically told them they weren’t doing. Hint: When the American people learn that you lied to them, they trust you less.

I think it’s hard for the American people to trust their President when he says he respects democratic principles, when his actions over the course of nearly five years demonstrate very little respect for democratic principles.

I think the American people would be more likely to trust the President when he says these programs include safeguards that protect their privacy, if he — or anyone else in his administration — seemed to care about privacy rights or demonstrated an understanding of how the information being collected could be abused. Seriously, how are we supposed to trust safeguards devised by people who don’t believe there is anything to safeguard against?” –Jennifer Hoelzer

“Pay no attention President Obama’s or anyone else associated with the administrations’ assurances. There is no real congressional oversight of NSA or most of the deep surveillance state.  There are no effective safeguards against surveillance abuse. They have no intention of  revealing the “legal” rationale for continued blatant violations of Americans’ constitutional, civil & privacy rights. Or changing anything related to bulk collection of your data outside of window dressing “regulation”.  Be careful. take precautions. Use the Tor Network to browse the internet anonymously.” –OSJ

Related Story:

Loophole Shows That, Yes, NSA Has ‘Authority’ To Spy On Americans — Directly In Contrast With Public Statements

Former NSA Boss Calls Snowden’s Supporters Internet Shut-ins; Equates Transparency Activists With Al-Qaeda

By Jennifer Hoelzer @ Tech Dirt:

In a bit of fortuitous timing, this week we had asked former deputy chief of staff for Ron Wyden, Jennifer Hoelzer, to do our weekly “Techdirt Favorites of the Week” post, in which we have someone from the wider Techdirt community tell us what their favorite posts on the site were. As you’ll see below, Hoelzer has a unique and important perspective on this whole debate concerning NSA surveillance, and given the stories that came out late Friday, she chose to ditch her original post on favorites and rewrite the whole thing from scratch last night (and into this morning). Given that, it’s much, much more than a typical “favorites of the week” post, and thus we’ve adjusted the title appropriately. I hope you’ll read through this in its entirety for a perspective on what’s happening that not many have.

Tim Cushing made one of my favorite points of the week in his Tuesday post “Former NSA Boss Calls Snowden’s Supporters Internet Shut-ins; Equates Transparency Activists With Al-Qaeda,” when he explained that “some of the most ardent defenders of our nation’s surveillance programs” — much like proponents of overreaching cyber-legislation, like SOPA — have a habit of “belittling” their opponents as a loose confederation of basement-dwelling loners.” I think it’s worth pointing out that General Hayden’s actual rhetoric is even more inflammatory than Cushing’s. Not only did the former NSA director call us “nihilists, anarchists, activists, Lulzsec, Anonymous, twenty-somethings who haven’t talked to the opposite sex in five or six years,” he equates transparency groups like the ACLU with al Qaeda.

I appreciated this post for two reasons:

First of all, it does a great job of illustrating a point that I’ve long made when asked for advice on communicating tech issues, which is that the online community is as diverse and varied as the larger world we live in. Of course, we are more likely to come across the marginal opinions of twenty-somethings with social anxiety online because, unlike the larger world, the Internet gives those twenty-somethings just as much of an opportunity to be heard as a Harvard scholar, a dissident protesting for democracy or General Hayden himself.

Sure, it can be infuriating to read scathingly hostile comments written by troubled individuals who clearly didn’t take the time to read the post you spent countless hours carefully writing (not that that has ever happened to me) but isn’t one of the things that makes the Internet so darn special its unwavering reminder that free speech includes speech we don’t appreciate? Of course, that’s a point that tends to get lost on folks — like General Hayden — who don’t seem to understand that equating the entirety of the online world with terrorists is a lot like posting a scathing comment to a story without reading it. You can’t expect someone to treat you or your opinion with respect — online or anywhere else — when you’re being disrespectful. And I can imagine no greater disrespect for the concepts of transparency and oversight than to equate them with the threats posed by terrorist groups like al Qaeda.

But my main reason for singling out Tim’s post this week is that Hayden’s remark goes to the heart of what I continue to find most offensive about the Administration’s handling of the NSA surveillance programs, which is their repeated insinuation that anyone who raises concerns about national security programs doesn’t care about national security. As Tim explains this “attitude fosters the “us vs. them” antagonism so prevalent in these agencies dealings with the public. The NSA (along with the FBI, DEA and CIA) continually declares the law is on its side and portrays its opponents as ridiculous dreamers who believe safety doesn’t come with a price.”

To understand why I find this remark so offensive, I should probably tell you a little about myself. While the most identifying aspect of my resume is probably the six years I spent as U.S. Senator Ron Wyden’s communications director and later deputy chief of staff, I started college at the U.S. Naval Academy and spent two years interning for the National Security Council. I had a Top Secret SCI clearance when I was 21 years old and had it not been for an unusual confluence of events nearly 15 years ago — including a chance conversation with a patron of the bar I tended in college — I might be working for the NSA today. I care very deeply about national security. Moreover — and this is what the Obama Administration and other proponents of these programs fail to understand — I was angry at the Administration for its handling of these programs long before I knew what the NSA was doing. That had a lot to do with the other thing you should probably know about me: during my tenure in Wyden’s office, I probably spent in upwards of 1,000 hours trying to help my boss raise concerns about programs that he couldn’t even tell me about.

Which brings me to my next favorite Techdirt post of the week, Mike’s Friday post entitled “Don’t Insult Our Intelligence, Mr. President: This Debate Wouldn’t Be Happening Without Ed Snowden,” which is a much less profane way of summing up my feelings about the President’s “claim that he had already started this process prior to the Ed Snowden leaks and that it’s likely we would [have] ended up in the same place” without Snowden’s disclosure.

“What makes us different from other countries is not simply our ability to secure our nation,” Obama said. “It’s the way we do it, with open debate and democratic process.”

I hope you won’t mind if I take a moment to respond to that.

Really, Mr. President? Do you really expect me to believe that you give a damn about open debate and the democratic process? Because it seems to me if your Administration was really committed those things, your Administration wouldn’t have blocked every effort to have an open debate on these issues each time the laws that your Administration claims authorizes these programs came up for reauthorization, which — correct me if I am wrong — is when the democratic process recommends as the ideal time for these debates.

For example, in June 2009, six months before Congress would have to vote to reauthorize Section 215 of the Patriot Act, which the Obama Administration claims gives the NSA the authority to collect records on basically every American citizen — whether they have ever or will ever come in contact with a terrorist — Senators Wyden, Feingold and Durbin sent Attorney General Eric Holder a classified letter “requesting the declassification of information which [they] argued was critical for a productive debate on reauthorization of the USA PATRIOT Act.”

In November 2009, they sent an unclassified letter reiterating the request, stating:

“The PATRIOT Act was passed in a rush after the terrorist attacks of September 11, 2001. Sunsets were attached to the Act’s most controversial provisions, to permit better-informed, more deliberative consideration of them at a later time. Now is the time for that deliberative consideration, but informed discussion is not possible when most members of Congress – and nearly all of the American public – lack important information about the issue.”

Did President Obama jump at the opportunity to embrace the democratic process and have an open debate then? No. Congress voted the following month to reauthorize the Patriot Act without debate.

In May 2011, before the Senate was — again — scheduled to vote to reauthorize the Patriot Act, Senators Wyden and Udall — again — called for the declassification of the Administration’s secret interpretation of Section 215. This time, in a Huffington Post Op-Ed entitled “How Can Congress Debate a Secret Law?” they wrote:

Members of Congress are about to vote to extend the most controversial provisions of the USA PATRIOT Act for four more years, even though few of them understand how those provisions are being interpreted and applied.

As members of the Senate Intelligence Committee we have been provided with the executive branch’s classified interpretation of those provisions and can tell you that we believe there is a significant discrepancy between what most people — including many Members of Congress — think the Patriot Act allows the government to do and what government officials secretly believe the Patriot Act allows them to do.

Legal scholars, law professors, advocacy groups, and the Congressional Research Service have all written interpretations of the Patriot Act and Americans can read any of these interpretations and decide whether they support or agree with them. But by far the most important interpretation of what the law means is the official interpretation used by the U.S. government and this interpretation is — stunningly –classified.

What does this mean? It means that Congress and the public are prevented from having an informed, open debate on the Patriot Act because the official meaning of the law itself is secret. Most members of Congress have not even seen the secret legal interpretations that the executive branch is currently relying on and do not have any staff who are cleared to read them. Even if these members come down to the Intelligence Committee and read these interpretations themselves, they cannot openly debate them on the floor without violating classification rules.

During the debate itself, Wyden and Udall offered an amendment to declassify the Administration’s legal interpretation of its Patriot Act surveillance authorities and, in a twenty minute speech on the Senate floor, Wyden warned that the American people would one day be outraged to learn that the government was engaged in surveillance activities that many Americans would assume were illegal, just as they were every other time the national security committee has tried to hide its questionable activities from the American people.

https://www.youtube.com/watch?v=vMAX_Frj8xM&feature=player_embedded

Fun aside: As you can see in the video, to underscore the point that hiding programs from the American people rarely goes well for the Administration, I had my staff make a poster of the famous image of Oliver North testifying before Congress during the Iran-Contra hearing. I really wanted to replace North’s face with the words “insert your photo here,” but we didn’t have the time.

Did President Obama welcome an open debate at that time?

No. Congress voted to reauthorize the Patriot Act for four more years and the only point we — as critics — could raise that might be confused with debate was a hypothetical argument illustrated with a twenty-year-old picture of Oliver North. And, again, Senator Wyden couldn’t even tell me what he was so concerned about. In strategy meetings with me and his Intelligence Committee staffer, I had to repeatedly leave the room when the conversation strayed towards details they couldn’t share with me because I no longer had an active security clearance. “You know, it would be a lot easier if you could just tell me what I can’t say?” I’d vent in frustration. They agreed, but still asked me to leave the room.

And that was just the Patriot Act. Did the President — who now claims to welcome open debate of his Administration’s surveillance authorities — jump at the opportunity to have such a debate when the FISA Amendments Act came up for reauthorization?

No. Not only did the Administration repeatedly decline Senator Wyden’s request for a “ballpark figure” of the number of Americans whose information was being collected by the NSA last year, just a month after the Patriot Act reauthorization, the Senate Intelligence Committee attempted to quietly pass a four year reauthorization of the controversial surveillance law by spinning it as an effort to: “Synchronize the various sunset dates included in the Foreign Intelligence Surveillance Act of 1978 to June 1, 2015;” So, I guess if this was part of the Administration’s plan to publicly debate the NSA’s surveillance authorities, the plan was for the debate to take place in 2015?

And, as I explained in an interview with Brian Beutler earlier this summer, that is just a fraction of the ways the Obama Administration and the Intelligence Communities ignored and even thwarted our attempts to consult the public on these surveillance programs before they were reauthorized. In fact, after the Senate Intelligence Committee hearing in which Wyden attempted to close the FAA’s Section 702 loophole, which another important Techdirt post this week explains, “gives the NSA ‘authority’ to run searches on Americans without any kind of warrant,” I — as Wyden’s spokesperson — was specifically barred from explaining the Senator’s opposition to the legislation to the reporters. In fact, the exact response I was allowed to give reporters was:

“We’ve been told by Senator Feinstein’s staff that under the SSCI’s Committee Rule 9.3, members and staff are prohibited from discussing the markup or describing the contents of the bill until the official committee report is released. The fact that they’ve already put out a press release does not lift this prohibition.

That’s right, supporters of a full scale reauthorization of the FISA Amendments Act put out a press release explaining why this was a good thing, while explicitly barring the Senator who voted against the legislation from explaining his concerns.

Months later, the FISA Amendments Act, which the Administration contends authorizes its PRISM program, passed without the open debate that the President now contends he wanted all along. And, again, I’m only touching on a fraction of the efforts just Senator Wyden made to compel the administration to engage the American people in a democratic debate. I, obviously, haven’t mentioned the Director of National Intelligence’s decision to lie when Wyden “asked whether the NSA had collected ‘any type of data at all on millions of Americans.'” (Btw: Given that Wyden shared his question with the ODNI the day before the hearing, I am highly skeptical that Clapper’s decision to lie was made unilaterally.) Or the fact that the Obama Administration repeatedly fought lawsuits and FOIA requests for, again — not sources and methods — but the Section 215 legal interpretation that the Administration claims authorizes its surveillance authorities.

The below is an excerpt from a March 2012 letter that Wyden and Udall sent the Obama Administration urging them to respect the democratic process:

The Justice Department’s motion to dismiss these Freedom of Information Act lawsuits argues that it is the responsibility of the executive branch to determine the best way to protect the secrecy of intelligence sources and methods. While this is indeed a determination for the executive branch to make, we are concerned that the executive branch has developed a practice of bypassing traditional checks and balances and treating these determinations as dispositive in all cases. In other words, when intelligence officials argue that something should stay secret, policy makers often seem to defer to them without carefully considering the issue themselves. We have great respect for our nation’s intelligence officers, the vast majority of whom are hard-working and dedicated professionals. But intelligence officials are specialists — it is their job to determine how to collect as much information as possible, but it is not their job to balance the need for secrecy with the public’s right to know how the law is being interpreted. That responsibility rests with policy makers, and we believe that responsibility should not be delegated lightly.

But, as Mike’s last post on Friday explains, “President Obama flat out admitted that this was about appeasing a public that doesn’t trust the administration, not about reducing the surveillance.” Mike’s insight continues:

Even more to the point, his comments represent a fundamental misunderstanding of why the public doesn’t trust the government. That’s because he keeps insisting that the program isn’t being abused and that all of this collection is legal. But, really, that’s not what the concern is about. Even though we actually know that the NSA has a history of abuse (and other parts of the intelligence community before that), a major concern is that scooping up so much data is considered legal in the first place.

I’d go even further than that and argue that a big part of the reason the American people are having a hard time trusting their government is that the public’s trust in government is harmed every time the American people learn that their government is secretly doing something they not only assumed was illegal but that government officials specifically told them they weren’t doing. Hint: When the American people learn that you lied to them, they trust you less.

I think it’s hard for the American people to trust their President when he says he respects democratic principles, when his actions over the course of nearly five years demonstrate very little respect for democratic principles.

I think the American people would be more likely to trust the President when he says these programs include safeguards that protect their privacy, if he — or anyone else in his administration — seemed to care about privacy rights or demonstrated an understanding of how the information being collected could be abused. Seriously, how are we supposed to trust safeguards devised by people who don’t believe there is anything to safeguard against?

I think it’s understandably hard for the American people to trust the President when he says his Administration has the legal authority to conduct these surveillance programs when one of the few things that remains classified about these programs is the legal argument that the administration says gives the NSA the authority to conduct these programs. This is the document that explains why the Administration believes the word “relevant” gives them the authority to collect everything. It’s also the document I’d most like to see since it’s the document my former boss has been requesting be declassified for more than half a decade. (A reporter recently asked me why I think the Administration won’t just declassify the legal opinion given that the sources and methods it relates to have already been made public. “I think that’s pretty obvious,” I said. “I believe it will be much harder for the Administration to claim that these programs are legal, if people can see their legal argument.”)

I think it’s hard for the American people to trust the President when his administration has repeatedly gone out of its way to silence critics and — again — treat oversight as a threat on par with al Qaeda. As another great Techdirt post this week — US Releases Redacted Document Twice… With Different Redactions — illustrates, many of the Intelligence Community’s classification decisions seem to be based more on a desire to avoid criticism than clear national security interests. And as Senator Wyden said back in 2007, when then CIA Director Hayden (yes, the same guy who thinks we’re all losers who can’t get laid) attempted to undermine oversight over his agency by launching an investigation into the CIA’s inspector general, “people who know that they’re doing the right thing aren’t afraid of oversight.”

Which reminds me of the Techdirt post this week that probably haunted me the most. Ed Snowden’s Email Provider, Lavabit, Shuts Down To Fight US Gov’t Intrusion. Mike uses the post to explain that Ladar Levison, the owner and operator of Labavit — the secure email service that provided Edward Snowden’s email account — decided to shut down his email service this week.

Not much more information is given, other than announced plans to fight against the government in court. Reading between the lines, it seems rather obvious that Lavabit has been ordered to either disclose private information or grant access to its secure email accounts, and the company is taking a stand and shutting down the service while continuing the legal fight. It’s also clear that the court has a gag order on Levison, limiting what can be said.

The part that haunted me, though, was a line Levon included in his email informing customers of his decision:

“I feel you deserve to know what’s going on,” he wrote. “The first amendment is supposed to guarantee me the freedom to speak out in situations like this.”

He’s right, isn’t he? If these aren’t the moments the First Amendment was meant for, what are? Moreover, if the Administration is so convinced that its requests of Labavit are just, why are they afraid to hold them up to public scrutiny?

In his book, Secrecy: The American Experience, former Senator Daniel Patrick Moynihan included a quote from a 1960 report issued by the House Committee on Operations which I believe provides a far better response than anything I could write on my own:

Secrecy — the first refuge of incompetents — must be at a bare minimum in a democratic society for a fully informed public is the basis of self government. Those elected or appointed to positions of executive authority must recognize that government, in a democracy, cannot be wiser than its people.

Which brings me to my final point (at least for now) I think it’s awfully hard for the American people to trust the President and his administration when their best response to the concerns Americans are raising is to denigrate the Americans raising those concerns. Because, you see, I have a hard time understanding why my wanting to stand up for democratic principles makes me unpatriotic, while the ones calling themselves patriots seem to think so little of the people and the principles that comprise the country they purport to love.

 

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

https://theoldspeakjournal.files.wordpress.com/2013/06/be4f0-shadow_govt_logo.jpgOldspeak: “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.

FBI Quietly Releases Plans For ‘Social Media Application’ To Continuously Monitor Facebook, Twitter, You Tube, Flickr & Other Social Networks Worldwide

In Uncategorized on January 31, 2012 at 4:29 pm

Oldspeak:’ Social networks are about connecting people with other people – if one person is the target of police monitoring, there will be a dragnet effect in which dozens, even hundreds, of innocent users also come under surveillance. It is not necessarily the case that the more information law enforcement officers have, the safer we will be.’ –Gus Hosein, Privacy International  Following the lead of the U.S. Federal Reserve Bank, & The Pentagon, the FBI will be monitoring all social networks for ‘bad actors’ & ’emerging threats’, and locating them via Google and Yahoo Maps. The power of social networking to foment and facilitate protest and dissent has been demonstrated the world over. Tools are being created to dilute, counteract & co-opt that power. Left unanswered, who will be designated as a ‘bad actor’ or ‘threat’, in the minds of people who are trained to view protestors and dissenters as low-level terrorists. It will be interesting to see as more and more freedoms are eliminated, and more and more people are viewed as “domestic terrorists” for protesting unconstitutional laws, who will be labeled “terrorists” or “enemy combatants” in the future. Intellectutals? Journalists? Activists? Bloggers? You?

Related Stories:

FBI’s Counterterrorism Operations Scrutinizing Political Activists

Spying on U.S Citizens — Uncle Sam turns his multi-billion dollar espionage network on U.S Citizens

By Common Dreams:

The FBI’s Strategic Information and Operations Center (SOIC) posted a ‘Request for Information (RFI)’ online last week seeking companies to build a social network monitoring system for the FBI. The 12-page document (.pdf) spells out what the bureau wants from such a system and invites potential contractors to reply by February 10, 2012.

It says the application should provide information about possible domestic and global threats superimposed onto maps “using mash-up technology”.

It says the application should collect “open source” information and have the ability to:

  • Provide an automated search and scrape capability of social networks including Facebook and Twitter.
  • Allow users to create new keyword searches.
  • Display different levels of threats as alerts on maps, possibly using color coding to distinguish priority. Google Maps 3D and Yahoo Maps are listed among the “preferred” mapping options.
  • Plot a wide range of domestic and global terror data.
  • Immediately translate foreign language tweets into English.

It notes that agents need to “locate bad actors…and analyze their movements, vulnerabilities, limitations, and possible adverse actions”. It also states that the bureau will use social media to create “pattern-of-life matrices” — presumably logs of targets’ daily routines — that will aid law enforcement in planning operations.

* * *

New Scientist magazine reports today:

“These tools that mine open source data and presumably store it for a very long time, do away with that kind of privacy. I worry about the effect of that on free speech in the US” — Jennifer Lynch of the Electronic Frontier FoundationThe US Federal Bureau of Investigation has quietly released details of plans to continuously monitor the global output of Facebook, Twitter and other social networks, offering a rare glimpse into an activity that the FBI and other government agencies are reluctant to discuss publicly. The plans show that the bureau believes it can use information pulled from social media sites to better respond to crises, and maybe even to foresee them. […]

The use of the term “publicly available” suggests that Facebook and Twitter may be able to exempt themselves from the monitoring by making their posts private. But the desire of the US government to watch everyone may still have an unwelcome impact, warns Jennifer Lynch at the Electronic Frontier Foundation, a San Francisco-based advocacy group.

Lynch says that many people post to social media in the expectation that only their friends and followers are reading, which gives them “the sense of freedom to say what they want without worrying too much about recourse,” says Lynch. “But these tools that mine open source data and presumably store it for a very long time, do away with that kind of privacy. I worry about the effect of that on free speech in the US”.

* * *

The BBC reports:

“Social networks are about connecting people with other people – if one person is the target of police monitoring, there will be a dragnet effect in which dozens, even hundreds, of innocent users also come under surveillance” — Gus Hosein, Privacy InternationalThe FBI issued the request three weeks after the US Department of Homeland Security released a separate report into the privacy implications of monitoring social media websites.

It justified the principle of using information that users have provided and not opted to make private.

“Information posted to social media websites is publicly accessible and voluntarily generated. Thus the opportunity not to provide information exists prior to the informational post by the user,” it says.[…]

The London-based campaign group, Privacy International, said it was worried about the consequences of such activities.

“Social networks are about connecting people with other people – if one person is the target of police monitoring, there will be a dragnet effect in which dozens, even hundreds, of innocent users also come under surveillance,” said Gus Hosein, the group’s executive director.

“It is not necessarily the case that the more information law enforcement officers have, the safer we will be.

“Police may well find themselves overwhelmed by a flood of personal information, information that is precious to those it concerns but useless for the purposes of crime prevention.”

* * *

The Fierce Government website reports on ‘refining raw social media into intelligence gold’:

The notion that the future can be predicted by trends expressed in collective social media output is one that has gained increased currency in academic writing. A January analysis (.pdf) published by the Rand Corp. of tweets using the #IranElection hashtag during 2009 and early 2010 found a correlation between appearance of swear words and protests. The study also found a shift that indicated the protest movement was losing momentum when swearing shifted from curses at the Iranian President Mahmoud Ahmadinejad to curses at an opposition figure.

A March 2011 paper published in the Journal of Computational Science (abstract) also posited that movements of the Dow Jones Industrial Average could be predicted to an accuracy of 86.7 percent by changes of national mood reflected in Tweets. According to The Economist, British hedge fund Derwent Capital Markets has licensed the algorithm to guide the investments of a $41 million fund.

Fake Terror Plots Using Paid Informants: The Tactics Of FBI ‘Entrapment’ Questioned

In Uncategorized on November 21, 2011 at 1:32 pm

Oldspeak:” Something to keep in mind, with news of the latest “foiled” terrorist plot. With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings.’-Trevor Aaronson  In the latest episode of “Emmanuel Goldstein Presents: All Fear, All The Time” “Same story, new patsy. A ‘lone wolf’ American citizen  Jose Pimentel becomes radicalized on the Internet, a paid “informant” escorts him to buy bomb-making material, and authorities arrest him in the nick of time to save us from a dangerous terrorist plot. This is all part of a disturbing pattern of behavior  by American law enforcement.  Manufacturing terrorism to coerce the  populace into relinquishing more and more of their civil and privacy rights. “Ignorance Is Strength”

Related Stories:

The Informants: How The FBI’s Massive Informant Network Actually Created Most Terrorist Plots “Foiled” In U.S. Since 9/11

FBI Counterterrorism Operations Scrutinizing Political Activists 

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

Deserving Neither Liberty Nor Safety: The Patriot Act & The FBI’s Long-Term Assault on Civil Liberties In America 

By Paul Harris @ The Guardian UK:

David Williams did not have an easy life. He moved to Newburgh, a gritty, impoverished town on the banks of the Hudson an hour or so north of New York, at just 10 years old. For a young, black American boy with a father in jail, trouble was everywhere.

Williams also made bad choices. He ended up going to jail for dealing drugs. When he came out in 2007 he tried to go straight, but money was tight and his brother, Lord, needed cash for a liver transplant. Life is hard in Newburgh if you are poor, have a drug rap and need cash quickly.

His aunt, Alicia McWilliams, was honest about the tough streets her nephew was dealing with. “Newburgh is a hard place,” she said. So it was perhaps no surprise that in May, 2009, David Williams was arrested again and hit with a 25-year jail sentence. But it was not for drugs offences. Or any other common crime. Instead Williams and three other struggling local men beset by drug, criminal and mental health issues were convicted of an Islamic terrorist plot to blow up Jewish synagogues and shoot down military jets with missiles.

Even more shocking was that the organisation, money, weapons and motivation for this plot did not come from real Islamic terrorists. It came from the FBI, and an informant paid to pose as a terrorist mastermind paying big bucks for help in carrying out an attack. For McWilliams, her own government had actually cajoled and paid her beloved nephew into being a terrorist, created a fake plot and then jailed him for it. “I feel like I am in the Twilight Zone,” she told the Guardian.

Lawyers for the so-called Newburgh Four have now launched an appeal that will be held early next year. Advocates hope the case offers the best chance of exposing the issue of FBI “entrapment” in terror cases. “We have as close to a legal entrapment case as I have ever seen,” said Susanne Brody, who represents another Newburgh defendant, Onta Williams.

Some experts agree. “The target, the motive, the ideology and the plot were all led by the FBI,” said Karen Greenberg, a law professor at Fordham University in New York, who specialises in studying the new FBI tactics.

But the issue is one that stretches far beyond Newburgh. Critics say the FBI is running a sting operation across America, targeting – to a large extent – the Muslim community by luring people into fake terror plots. FBI bureaux send informants to trawl through Muslim communities, hang out in mosques and community centres, and talk of radical Islam in order to identify possible targets sympathetic to such ideals. Or they will respond to the most bizarre of tip-offs, including, in one case, a man who claimed to have seen terror chief Ayman al-Zawahiri living in northern California in the late 1990s.

That tipster was quickly hired as a well-paid informant. If suitable suspects are identified, FBI agents then run a sting, often creating a fake terror plot in which it helps supply weapons and targets. Then, dramatic arrests are made, press conferences held and lengthy convictions secured.

But what is not clear is if many real, actual terrorists are involved.

Fort Dix FiveThe homes of the Fort Dix Five were raided by the FBI. Photograph: Joseph Kaczmarek/AP

Another “entrapment” case is on the radar too. The Fort Dix Five – accused of plotting to attack a New Jersey army base – have also appealed against their convictions. That case too involved dubious use of paid informants, an apparent over-reach of evidence and a plot that seemed suggested by the government.

Burim Duka, whose three brothers were jailed for life for their part in the scheme, insists they did not know they were part of a terror plot and were just buying guns for shooting holidays in a deal arranged by a friend. The “friend” was an informant who had persuaded another man of a desire to attack Fort Dix.

Duka is convinced his brothers’ appeal has a good chance. “I am hopeful,” he told the Guardian.

But things may not be that easy. At issue is the word “entrapment”, which has two definitions. There is the common usage, where a citizen might see FBI operations as deliberate traps manipulating unwary people who otherwise were unlikely to become terrorists. Then there is the legal definition of entrapment, where the prosecution merely has to show a subject was predisposed to carry out the actions they later are accused of.

Theoretically, a simple expression, like support for jihad, might suffice, and in post-9/11 America neither judges nor juries tend to be nuanced in terror trials. “Legally, you have to use the word entrapment very carefully. It is a very strict legal term,” said Greenberg.

But in its commonly understood usage, FBI entrapment is a widespread tactic. Within days of the 9/11 terror attacks, FBI director Robert Mueller issued a memo on a new policy of “forward leaning – preventative – prosecutions”.

Central to that is a growing informant network. The FBI is not choosy about the people it uses. Some have criminal records, including attempted murder or drug dealing or fraud. They are often paid six-figure sums, which critics say creates a motivation to entrap targets. Some are motivated by the promise of debts forgiven or immigration violations wiped clean. There has also been a relaxing of rules on what criteria the FBI needs to launch an investigation.

Often they just seem to be “fishing expeditions”. In the Newburgh case, the men involved met FBI informant Shahed Hussain simply because he happened to infiltrate their mosque. In southern California, FBI informant Craig Monteilh trawled mosques posing as a Muslim and tried to act as a magnet for potential radicals.

Monteilh, who bugged scores of people, is a convicted felon with serious drug charges to his name. His operation turned up nothing. But Monteilh’s professed terrorist sympathy so unnerved his Muslim targets that they got a restraining order against him and alerted the FBI, not realising Monteilh was actually working on the bureau’s behalf.

Muslim civil rights groups have warned of a feeling of being hounded and threatened by the FBI, triggering a natural fear of the authorities among people that should be a vital defence against real terror attacks. But FBI tactics could now be putting off many people from reporting tip-offs or suspicious individuals.

“They are making mosques suspicious of anybody. They are putting fear into these communities,” said Greenberg. Civil liberties groups are also concerned, seeing some FBI tactics as using terrorism to justify more power. “We are still seeing an expansion of these tools. It is a terrible prospect,” said Mike German, an expert at the American Civil Liberties Union and a former FBI agent who has worked in counter-terrorism.

German said suspects convicted of plotting terror attacks in some recent FBI cases bore little resemblance to the profile of most terrorist cells. “Most of these suspect terrorists had no access to weapons unless the government provided them. I would say that showed they were not the biggest threat to the US,” German said.

“Most terrorists have links to foreign terrorist groups and have trained in terrorism training camps. Perhaps FBI resources should be spent finding those guys.”

Also, some of the most serious terrorist attacks carried out in the US since 9/11 have revolved around “lone wolf” actions, not the sort of conspiracy plots the FBI have been striving to combat. The 2010 Times Square bomber, Faisal Shahzad, only came to light after his car bomb failed to go off properly. The Fort Hood killer Nidal Malik Hasan, who shot dead 13 people on a Texas army base in 2009, was only discovered after he started firing. Both evaded the radar of an FBI expending resources setting up fictional crimes and then prosecuting those involved.

Yet, as advocates for those caught up in “entrapment” cases discover, there is little public or judicial sympathy for them. Even in cases where judges have admitted FBI tactics have raised serious questions, there has been no hesitation in returning guilty verdicts, handing down lengthy sentences and dismissing appeals.

The Liberty City Seven are a case in point. The 2006 case involved an informant, Elie Assaad, with a dubious past (he was once arrested, but not charged, for beating his pregnant wife). Assaad was let loose with another informant on a group of men in Liberty City, a poor, predominantly black, suburb of Miami. The targets were followers of a cult-like group called The Seas of David, led by former Guardian Angel Narseal Batiste.

The group was, perhaps, not even Muslim, as its religious practices involved Bible study and wearing the Star of David. Yet Assaad posed as an Al-Qaida operative, and got members of the group to swear allegiance. Transcripts of the “oath-taking” ceremony are almost farcical. Batiste repeatedly queries the idea and appears bullied into it. In effect, defence lawyers argued, the men were confused, impoverished members of an obscure cult.

Yet targets the group supposedly entertained attacking included the Sears Tower in Chicago, Hollywood movie studios and the Empire State Building. Even zealous prosecutors, painting a picture of dedicated Islamic terrorists, admitted any potential plots were “aspirational”, given the group had no means to carry them out.

Nonetheless, they were charged with seeking to wage war against America, plotting to destroy buildings and supporting terrorism. Five of them got long jail sentences. Assaad, who was recently arrested in Texas for attempting to run over a policeman, was paid $85,000 for his work.

This year the jailed Liberty City men launched an appeal and last week judgment was handed down. They lost, and officially remain Islamic terrorists hell-bent on destroying America. Not that their supporters see it that way.

“Our country is no safer as a result of the prosecution of these seven impoverished young men from Liberty City,” said Batiste’s lawyer, Ana Jhones.

“This prosecution came at great financial cost to our government, and at a terrible emotional cost to these defendants and their families. It is my sincere belief that our country is less safe as a result of the government’s actions in this case.”