Shhhcretly Exclusive: NFT Auction of Unpublished & Signed Edward Snowden Photos

Anyone keen in owning a non-fungible token (NFT) of a private & signed collection of Edward Snowden photos with the Canadian lawyer Robert Tibbo who helped him escape Hong Kong and the NSA back in 2013?

These photos will be auctioned at 1400 hr New York time TODAY, 28 October 2021. Check these out:

https://nationalpost.com/news/canada/canadian-lawyer-auctioning-nft-of-previously-unpublished-edward-snowden-photos

https://tibbonft.com/

https://zora.co/collections/zora/5918

https://mobile.twitter.com/tibbosnowdenNFT

Unpublished and Signed NFT photos of Edward Snowden up for auction today

Whistleblowing and Internal Monitoring/Investigations

Many thanks again to the Faculty of Law at the University of Hong Kong for hosting my presentation on “Whistleblowing & Internal Monitoring/Investigations” yesterday. It was a really interactive and responsive class. The scheduled three hours was barely enough to cover what I estimated to be an hour plus presentation thanks to all the interesting questions and my sincere apologies to the class for rushing through the latter parts of the slides.

One question at the end of the session, what’s the take-away on the topic.

With and without a poison-pen letter from a whistleblower, a pre-transaction reputation/investigative due diligence should always be conducted ahead of all other types of due diligence. This is not a biased opinion but one proven by real life experience from many past cases whereby some serious and damaging red flags on reputation issues/risks could potentially kill a transaction no matter how good the counterparties emerged in the legal, financial and other due diligence – although in some situations clients took advantage of the negative findings to re-negotiate terms for the pending transaction. Information is power!

In a post-transaction external/internal investigation especially one potentially heading to the courts, with and without a poison-pen letter, it is critical to conduct public records research first as the findings could be documented evidence legally admissible in courts that can help the lawyers and clients win the case. If the public records search turns out futile (a likely scenario in non-transparent and opaque jurisdictions), the findings from intelligence becomes pivotal.

I shared with the class an example of a typical court case whereby the client wins if we can prove two people A & B collaborated on a fraud scheme. No surprise they denied even knowing each other. A barrister once told me how he often receives surveillance photos of A & B say having coffee together as evidence – and how he can easily lose the case with such weak evidence. The best evidence is to prove the two have a long history of relationship – they attended the same school (public records), they were past business partners (public records), their companies were sued (public records), they commented on each other’s FaceBook (could be public records), etc. In the absence of any/sufficient public records evidence, findings from intelligence gathering can potentially turn into public records and important evidence. Consider:

– They not only attended the same school but same class, same computer club and even went on a school camping trip to Nepal when they were 10. The latter are findings from intelligence gathering
as they may be difficult to find in public records but the sources could provide photos as proof.

– They were in the same WhatsApp & WeChat groups? A source from the group could provide a screenshot of group members as proof.

– They were neighbors when they were young? This could be difficult to prove in public records because they don’t own the properties then but if there’s a lead they were neighbors, a search on their parents names could lead to documented proof.

Hence the importance of intelligence gathering. And thinking out of the box.

Shhhcretly Exclusive: Edward Snowden’s Warning Cry

Shhhcretly is pleased to have the exclusive rights to release the English version of this coverage on Edward Snowden.

This original article was first published 1 December 2018 in German in the Austrian newspaper Der Standard, which reserves the publishing rights.

Shhhcretly would like to thank Der Standard and Steffen Arora for their kind permission to share the translated piece exclusively on this blog.

(Above) Photo credit: Lindsay Mills 2018.

 

Edward Snowden’s warning cry
By Steffen Arora
Der Standard, 1st December 2018

Former CIA contractor Edward Snowden’s revelations shone a light on the western world’s surveillance practices. But he, and those who helped him, are paying a high price. He talks to Der Standard about the need to fight on.

“This is retaliation.” In an interview with Der Standard, Edward Snowden spoke in no uncertain terms about the authorities’ treatment of the people who saved his life. In June 2013, the former US intelligence services contractor became a hounded whistleblower after he exposed the extent to which the US and its allies carry out global surveillance of the internet and digital communications, regardless of suspicious activity. He made these revelations from Hong Kong, never expecting that the moment they were published, he would become the world’s most wanted man.

It was the same moment that Robert Tibbo’s telephone rang. The Canadian had made a name for himself in the city as a dedicated human rights lawyer. He fought for the rights of asylum seekers living a pariah existence in Hong Kong – with next to no chance of their status being recognized and leading a decent life there. Tibbo saw Snowden as another refugee who needed help. To hide him from his pursuers, Tibbo found shelter for Snowden with some of his other clients; asylum seekers from Sri Lanka and the Philippines.

“They were warm, welcoming and kind. When I had fallen to the bottom of the world, they helped me up without giving a damn about who I was,” Snowden says. In the current political climate, loaded with the fear of outsiders, Snowden holds the refugees’ actions in even higher regard. “Their example, their humanity, it gave me a reason to keep fighting.”

Refugees and their lawyer under pressure

Not only Snowden, but also those who helped him, are now paying a high price for their actions. The US continues to accuse Snowden of spying and demand his extradition – and President Donald Trump would like to see him executed. Meanwhile, the seven refugees and their lawyer Mr. Tibbo are under pressure from the Hong Kong authorities.

In 2018, it is no longer an exception that human rights lawyers like Tibbo become the object of persecution themselves, says Manfred Nowak, Austrian human rights lawyer and former United Nations Special Rapporteur on Torture. Not only lawyers, but also journalists and activists from NGOs are being increasingly targeted, he says, even murdered, as records such as Russia’s show. “Human rights have not been in a crisis like this since the end of the Second World War,” Nowak says.

For Snowden’s helpers, the situation has deteriorated to the extent that this week, Tibbo turned for help to a selection of media outlets including the New York Times, Paris Match and Der Standard. He himself was forced to leave Hong Kong under diplomatic protection. He had to leave the seven refugees behind.

Effectively in exile, he continues working for his clients, who are living in constant fear of deportation. No country wants to take them in. Even Canada, which showed willingness to do so back in 2016, appears to have retreated in the face of pressure from abroad.

“Death by delay” is how lawyers such as Pascal Paradis from the NGO Lawyers Without Borders, which has been working on the case, describes this process. Snowden himself, fleeing US authorities, was left stranded in Moscow. Since then he has faced accusations that he is a Russian spy.

In fact he was aiming for Latin America, he says. “The Department of State failed to cancel my passport in time to keep me from leaving Hong Kong. But once they realized I was in the air en route to Latin America, they made public announcements to put every government around the world on notice that they intended to block my freedom of movement.”

No asylum in Austria

When he landed in Moscow for a stopover, he was stuck and could not travel further. All of his asylum applications in Europe were rejected, including by Austria. “This more than anything else is what prevents me from leaving Russia,” Snowden says in response to his critics. “If major powers of Europe can be induced by this or that secret promise to be violators of the asylum right rather than its guarantor, you can’t help but question the whole system. If you can’t count on a right now, can you count on a law?”

Manfred Nowak also sees this danger. “Democracy as a form of government is increasingly coming under pressure, as we can see in the US, Great Britain, Hungary, Poland or Italy. These countries are governed by populists, who came to power through democratic channels, but are now attacking democracy.” Nowak sees Brazil’s new president, Jair Bolsonaro, as a particularly stark example of a fascist being voted in to lead a democracy.

Nowak stresses the importance of learning from history: Free elections have destroyed democracies time and time again. “Strident democracies” urgently need to defend themselves against “pseudo- democracies,” he says, pointing to leaders such as Trump, Viktor Orban and Bolsonaro.

The western world is currently experiencing a backlash, meaning human rights defenders must go on the offensive, Nowak says. “Everyone must do their bit,” he warns emphatically. “Otherwise it could be too late.”

Nowak sees this backlash in Austria too, where the center-right and far-right are governing in coalition. “Measures are being taken which are being seen, and therefore criticized, as restrictions on the constitutional state, democracy and human rights.”

“There’s a machine behind it”

Snowden sees the refugees’ treatment and his own as telling. “You can’t look at something like this without getting a sense that the mask has dropped, and behind all the pretense of civility and process we like to believe governs our little day to day, there’s a machine behind it that would burn everything we love to the ground without a tear if it meant making a problem go away.”

Snowden is convinced it’s no coincidence that those who helped him are now being targeted. “They’re worried about the example of these families, the symbol their moral choice represents. Anybody can look at this situation and see at a glance who is right and who is wrong.”

But if the “big governments” manage to rewrite this story with an unhappy ending for those involved, they will also succeed in changing the positive message of his work with a single blow, Snowden warns. He says he does not know how far state institutions would go to achieve this, “but they’ve already gone too far.”

Human rights lawyer Nowak has first-hand experience of the conditions in Hong Kong, where the seven migrants are currently stuck. He trained lawyers there; Tibbo was one of his students.

Nowak says he knew the Hong Kong Bar Association, which is putting the Canadian lawyer under pressure and sabotaging his mandate for the refugees, as an “independent institution.” He can only assume the bar’s current treatment of Tibbo is a result of “enormous pressure from outside.”

Snowden has called on his supporters not to give up on the fight for a free world. And above all the fight for those who helped him. “Take a look at the world. Before long, we’ll all feel like refugees.”

NOTE: Documents evidencing the Hong Kong Bar Association egregious treatment of Mr Tibbo can be found in the Der Standard article as embedded PDFs: https://www.derstandard.at/story/2000092725390/pressure-mounts-on-edward-snowdens-lawyer-robert-tibbo?ref=article

Shhh… Updates on Edward Snowden & the Snowden Refugees

I am proud to share with you a presentation by my fellow alumnus Robert Tibbo, best known as the lawyer for American whistleblower Edward Snowden, on 29 December 2019 in Messe Leipzig, Germany, an update on the situation with Snowden and the Snowden Refugees.

The lecture covers the current global erosion and dismantling of international refugees and constitutional law by increasingly authoritarian democracies and loss of international protection for whistleblowers and the brave people who protect whistleblowers, like the Snowden Refugees.

“The Snowden Refugees still in limbo in Hong Kong are at heightened risk and need public support and donations to survive. The two children in Hong Kong need to be brought to the safety of Canada at the earliest time to remove them from the dangers in Hong Kong and to have all three children reunited in Montreal,” said Tibbo.

Snowden will make an appearance in the 35th minute of the lecture.

“The choices that we made, and the things that you do, they have power. And doing nothing, that’s a choice. Now lots of us would like to think that’s a willing choice. We like to think that we are the sole captain of our own destiny. And that’s the way it’s supposed to be, that’s the way it’s intended, that’s the way we designed the system,” according to Snowden.

“And yet the system today, somehow the actors within it spend an enormous amount of energy trying to make you forget that the things you do affect the outcomes. They’ll tell you not to worry about it, that it’s not so bad. After all it ‘could be worse’. But I say to you it could be better.

“And every time we hear those words, that’s what we need to say – Every system in history, even the most powerful, has been subject to change. And every hack that is performed against us can face a patch.”

Shhh… Duncan Campbell – Global Spying Program ECHELON & the Decades-long Cosy NSA-GCHQ Relationship

(Above) Photo Credit: The Intercept

DuncanCampbell-ABCcase

Above photo: From left to right Duncan Campbell, Crispin Aubrey and John Berry in the ‘ABC’ case (Source: The Intercept – ANL/Re/REX Shutterstock)

The Register: Special Report Duncan Campbell has spent decades unmasking Britain’s super-secretive GCHQ, its spying programmes, and its cosy relationship with America’s NSA. Today, he retells his life’s work exposing the government’s over-reaching surveillance, and reveals documents from the leaked Snowden files confirming the history of the fearsome ECHELON intercept project. This story is also published simultaneously today by The Intercept, as is – at long last – Duncan’s Register Christmas Lecture from last year.

Find out more on this insightful article printed by The Intercept and The Register.

Shhh… The Chinese Version of All the President's Men

(Above) Photo credit: Max Whittaker for The New York Times.

Below is a New York Times article on a China matter widely quoted by the Chinese media.

And here are some additional background coverage on the case:

China Seeks Businessman Said to Have Fled to U.S., Further Straining Ties
By MICHAEL FORSYTHE and MARK MAZZETTIAUG. 3, 2015

LOOMIS, Calif. — China is demanding that the Obama administration return a wealthy and politically connected businessman who fled to the United States, according to several American officials familiar with the case. Should he seek political asylum, he could become one of the most damaging defectors in the history of the People’s Republic.

The case of the businessman, Ling Wancheng, has strained relations between two nations already at odds over numerous issues before President Xi Jinping’s first state visit to the United States in September, including an extensive cybertheft of American government data and China’s aggressive territorial claims.

Mr. Ling is the youngest brother of Ling Jihua, who for years held a post equivalent to that of the White House chief of staff, overseeing the Communist Party’s inner sanctum as director of its General Office. Ling Jihua is one of the highest-profile casualties of an anticorruption campaign that Mr. Xi has made a centerpiece of his government.

The Obama administration has thus far refused to accede to Beijing’s demands for Ling Wancheng, and his possible defection could be an intelligence coup at China’s expense after it was revealed last month that computer hackers had stolen the personnel files of millions of American government workers and contractors. American officials have said that they are nearly certain the Chinese government carried out the data theft.

Mr. Ling’s wealth and his family’s status have allowed him to move freely in elite circles in China, and he may be in possession of embarrassing information about current and former officials loyal to Mr. Xi.

Mr. Ling appears to have evaded the Chinese authorities. He is now in the United States, according to several American officials and his next-door neighbor here in the foothills of the Sierra Nevada, where property records show Mr. Ling owns a 7,800-square-foot home, which he bought from a professional basketball player for $2.5 million.

The Chinese government in recent months has been raising pressure on the Obama administration to return Mr. Ling, according to the American officials. The officials spoke on the condition of anonymity in order to discuss a delicate diplomatic matter that has already complicated an arrangement made in April between the Department of Homeland Security and China’s Ministry of Public Security.

Under that arrangement, signed during a visit to Beijing by Jeh Johnson, the secretary of Homeland Security, the United States would be able to repatriate many of the tens of thousands of Chinese currently in the United States awaiting deportation, some in American detention facilities. In return, the United States would help the Chinese track down wealthy fugitives from China living in the United States who might also be breaking American laws.

Several American officials confirmed that Mr. Ling is in the United States, but they would not say publicly whether Mr. Ling had applied for asylum or give information about his whereabouts. The Department of Homeland Security, which handles asylum cases, does not comment about specific cases because of privacy laws.

China’s Foreign Ministry did not comment after being sent a faxed request for information on Mr. Ling’s case. Press officers for the White House, State Department and Department of Homeland Security declined to comment.

Three telephone numbers that people in California used to contact Mr. Ling all had Dallas area codes. Mr. Ling, whose English is said to be poor, did not respond to text messages in Chinese requesting an interview. Two of the three numbers are no longer in service, and no one answered the third number.

Christopher K. Johnson, a former C.I.A. analyst focusing on China, said the Chinese leadership might want Mr. Ling’s assistance in prosecuting his older brother. And, Mr. Johnson said, it would want to prevent the “treasure trove” of knowledge he has about Chinese politics from passing to United States officials.

“The leadership would want this guy badly,” Mr. Johnson, now at the Center for Strategic and International Studies in Washington, said in a telephone interview. “There’s no question that he would have access to a lot of interesting things.”

While it is unclear how much Ling Wancheng knows, the Communist Party itself has revealed some tantalizing clues about his brother Ling Jihua’s behavior, claiming that his corruption was a family affair. Last month, the party announced that Ling Jihua — a loyalist to the previous president, Hu Jintao — had been expelled from the party and would be tried, saying that he had “accepted huge bribes personally and through his family.”

Ling Jihua, 58, rose through the Communist Party’s Youth League under Mr. Hu in the 1980s and eventually served as either deputy or chief of the Central Committee’s General Office from 1999 to 2012. He was Mr. Hu’s personal secretary and closest protégé, and his position came with great powers: the ability to control the guards who protected the senior leadership, a significant voice in top personnel appointments and a central role in carrying out policy.

“It’s really the nerve center for the entire system,” Joseph Fewsmith, a professor at the Pardee School of Global Studies at Boston University who focuses on Chinese politics, said of Ling Jihua’s former position. “This is the essence of power politics.”

Ling Jihua was expected to advance to the elite Politburo, as every person who previously held that position since 1942 had done, including former Prime Minister Wen Jiabao.

But on March 18, 2012, Ling Jihua’s son was killed when the black Ferrari he was driving crashed in Beijing. One of two women with him in the car later died.

Ling Jihua’s botched cover-up of the episode helped lead to his political downfall. He was denied a spot on the Politburo, demoted to a less important post and, in December 2014, officially put under a corruption investigation.

But the corruption inquiry into Ling Jihua goes far beyond the Ferrari crash, and his younger brother, Ling Wancheng, may have played an important role.

As a senior official, Ling Jihua had his moves monitored. But his brother, as a private citizen, was far less constrained. He built a fortune as the chief of a Beijing-based investment company, which bought well-timed stakes in companies that went on to hold successful initial public offerings, earning the firm $225 million, according to a report in Caixin, a respected Chinese news media company. A company using the same California address that he used to buy his home in Loomis also bought at least two golf courses, one near Loomis, the other in Carson City, Nev., property records show.

Ling Wancheng is one of several Chinese citizens in the United States whom Beijing has requested be returned to China. A forum has been established to discuss these cases, called the U.S.-China Joint Liaison Group on Law Enforcement Cooperation, where the Chinese regularly press their case to Obama administration officials.

However, Ling Wancheng, who is believed to be in his mid-50s and goes by the name Wang Cheng or Jason Wang, was not on the publicly disclosed list of 40 fugitives believed to be in the United States that was released by the Chinese government this year, indicating how delicate the case may be to the senior leadership.

Marc Raimondi, a spokesman for the Department of Justice, said the department “has repeatedly shown that it will vigorously pursue prosecutions in the United States where there is alleged money laundering or other criminal activity in this country by fugitives sought by China.”

But, he added, “it is not sufficient to simply provide a list of names.” The department has urged China to provide evidence, Mr. Raimondi said.

In late 2013, Mr. Ling, using the name Wang Cheng, and a person using the name Li Ping, the same name as a former presenter on state television whom the Chinese news media have identified as Mr. Ling’s wife, bought a house in a gated community in Loomis from a National Basketball Association player, Beno Udrih, real estate records show.

Ray Matteson, Mr. Ling’s neighbor in Loomis, and his wife soon became friends with the couple next door, who introduced themselves as Jason and Jane Wang. The Mattesons invited them over for dinner or drinks at least three times. Mr. Ling offered gifts, once giving them a bottle of liquor from the family’s home province, Shanxi, and on another occasion two magnums of California wine.

The Mattesons said their neighbor had given no hints about his family’s high-level political struggle, the arrest of Ling Jihua and another older brother or the death of his nephew.

“In my mind, there’s no question he was a gentleman,” said Mr. Matteson, who, along with another person who met him in Loomis, confirmed that Jason Wang was the man identified in the Chinese news media as Mr. Ling. Neither person, however, could match the woman introduced as Jane Wang with pictures of Li Ping, the former Chinese television presenter.

Mr. Ling would send text messages to his next-door neighbors. His English was poor, so he often used emoji, like a thumbs up or a happy face. He would send links to videos he found funny, and he asked for advice on where to find people to clean his windows.

Mr. Matteson said he had not seen Mr. Ling since October, when the two couples had dinner at Mr. Matteson’s home. But if Mr. Ling was in hiding in the United States, the prosaic details of maintaining a California estate kept him tethered to Loomis: There were homeowners association fees to pay, and a gardener had to keep the bushes trimmed and the lawn mowed.

Mr. Matteson’s last contact with Mr. Ling was in May, when the alarm system in Mr. Ling’s house was activated and the security company asked Mr. Matteson to contact Mr. Ling to obtain the code to enter the gate to his home.

The Mattesons said they had never seen any unusual activity in the neighborhood, except for one visit several months ago by officers from the Department of Homeland Security, who said they were trying to contact Mr. Ling.

Ling Wancheng’s visa status is unclear. Christopher Bentley, a spokesman for the United States Citizenship and Immigration Services, a division of Homeland Security, said that it usually took one to three years for an asylum case to be settled. During that period, he said, the asylum seeker is allowed to stay legally in the country.

Michael Forsythe reported from Loomis, and Mark Mazzetti from Washington.

Shhh… Former CIA Officer Sentenced for Leaks to NYT Reporter

(Above) photo credit: RT (Image from twitter.com @Manuel_Rapalo)

No matter what the judge thinks, one can’t help feeling sorry for Jeffrey Sterling (see the New York Times story below) considering how David Petraeus got away so lightly.

Ex-C.I.A. Officer Sentenced in Leak Case Tied to Times Reporter

By MATT APUZZOMAY 11, 2015

LEXANDRIA, Va. — A former Central Intelligence Agency officer on Monday was sentenced to three and a half years in prison on espionage charges for telling a journalist for The New York Times about a secret operation to disrupt Iran’s nuclear program. The sentence was far less than the Justice Department had wanted.

The former officer, Jeffrey A. Sterling, argued that the Espionage Act, which was passed during World War I, was intended to prosecute spies, not officials who talked to journalists. He asked for the kind of leniency that prosecutors showed to David H. Petraeus, the retired general who last month received probation for providing his highly classified journals to his biographer.

The case revolves around an operation in which a former Russian scientist provided Iran with intentionally flawed nuclear component schematics. Mr. Sterling was convicted in January of disclosing the operation to James Risen, a reporter for The Times, who had revealed it in his 2006 book, “State of War.” Mr. Risen described it as a botched mission that may have inadvertently advanced Iran’s nuclear program.

The Justice Department said that Mr. Sterling’s disclosures compromised an important C.I.A. operation and jeopardized the life of a spy. Under federal sentencing guidelines, he faced more than 20 years in prison, a calculation with which the Justice Department agreed. Prosecutors sought a “severe” sentence in that range.

Prosecutors maintain that the program was successful, and said Mr. Sterling’s disclosure “was borne not of patriotism but of pure spite.” The Justice Department argued that Mr. Sterling, who is black, had a vendetta against the C.I.A., which he had sued for racial discrimination.

Judge Leonie M. Brinkema gave no indication that she was swayed by the government’s argument that the book had disrupted a crucial operation, or harmed national security. She said she was most bothered that the information revealed in “State of War” had jeopardized the safety of the Russian scientist, who was a C.I.A. informant. Of all the types of secrets kept by American intelligence officers, she said, “This is the most critical secret.”

She said Mr. Sterling had to be punished to send a message to other officials. “If you knowingly reveal these secrets, there’s going to be a price to be paid,” she said.

Mr. Sterling, 47, spoke only briefly to thank the judge and court staff for treating him kindly as the case dragged on for years. Barry J. Pollack, a lawyer for Mr. Sterling, said jurors got the verdict wrong when they voted to convict. “That said, the judge today got it right,” he said.

Under federal rules, Mr. Sterling will be eligible for release from prison in just under three years.

The sentence caps a leak investigation that began under President George W. Bush and became a defining case in the Obama administration’s crackdown on government leaks. Under Attorney General Eric H. Holder Jr., the Justice Department prosecuted more people for having unauthorized discussions with reporters than all prior administrations combined.

For years, Mr. Sterling’s case was known most for the Justice Department’s efforts to force Mr. Risen to reveal his source. At the last minute, under pressure from journalist groups and liberal advocates, Mr. Holder relented and did not force Mr. Risen to choose between revealing his source or going to jail. Prosecutors won the case without Mr. Risen’s testimony.

Since the conviction, the case has been notable because of the stark differences in sentences handed down to leakers. Midlevel people like Mr. Sterling have been charged most aggressively. John C. Kiriakou, a former C.I.A. officer, served about two years in prison. Two former government contractors, Donald J. Sachtleben and Stephen J. Kim, are serving prison time. Thomas A. Drake, a former National Security Agency official, faced the prospect of years in prison but received a plea deal on a minor charge and avoided serving time after his lawyers won critical rulings before the trial.

By comparison, the F.B.I. investigated a decorated military leader, retired Gen. James E. Cartwright, after public reports described a highly classified wave of American cyberattacks against Iran. But that investigation has stalled because investigators considered the operation too sensitive to discuss at a public trial.

Mr. Petraeus, meanwhile, retains his status as an adviser to the Obama administration despite giving Paula Broadwell, his biographer, who was also his lover, notebooks containing handwritten classified notes about official meetings, war strategy, intelligence capabilities and the names of covert officers. Ms. Broadwell had a security clearance but was not authorized to receive the information.

Mr. Petraeus also admitted lying to the F.B.I., and the leniency of his plea deal infuriated many prosecutors and agents.

In court documents filed in Mr. Sterling’s case, the Justice Department argued that Mr. Petraeus’s crimes were not comparable. “None of this classified information was included in his biography, made public in any other way, or disclosed by his biographer to any third parties.”

Shhh… NSA Have More Data Than They Can Handle

Are you wondering why this “problem” (data overload – see article below) did not happen earlier…?

NSA is so overwhelmed with data, it’s no longer effective, says whistleblower

Summary:One of the agency’s first whistleblowers says the NSA is taking in too much data for it to handle, which can have disastrous — if not deadly — consequences.

By Zack Whittaker for Zero Day | April 30, 2015 — 14:29 GMT (22:29 GMT+08:00)

NEW YORK — A former National Security Agency official turned whistleblower has spent almost a decade and a half in civilian life. And he says he’s still “pissed” by what he’s seen leak in the past two years.

In a lunch meeting hosted by Contrast Security founder Jeff Williams on Wednesday, William Binney, a former NSA official who spent more than three decades at the agency, said the US government’s mass surveillance programs have become so engorged with data that they are no longer effective, losing vital intelligence in the fray.

That, he said, can — and has — led to terrorist attacks succeeding.

Binney said that an analyst today can run one simple query across the NSA’s various databases, only to become immediately overloaded with information. With about four billion people — around two-thirds of the world’s population — under the NSA and partner agencies’ watchful eyes, according to his estimates, there is too much data being collected.

“That’s why they couldn’t stop the Boston bombing, or the Paris shootings, because the data was all there,” said Binney. Because the agency isn’t carefully and methodically setting its tools up for smart data collection, that leaves analysts to search for a needle in a haystack.

“The data was all there… the NSA is great at going back over it forensically for years to see what they were doing before that,” he said. “But that doesn’t stop it.”

Binney called this a “bulk data failure” — in that the NSA programs, leaked by Edward Snowden, are collecting too much for the agency to process. He said the problem runs deeper across law enforcement and other federal agencies, like the FBI, the CIA, and the Drug Enforcement Administration (DEA), which all have access to NSA intelligence.

Binney left the NSA a month after the September 11 attacks in New York City in 2001, days after controversial counter-terrorism legislation was enacted — the Patriot Act — in the wake of the attacks. Binney stands jaded by his experience leaving the shadowy eavesdropping agency, but impassioned for the job he once had. He left after a program he helped develop was scrapped three weeks prior to September 11, replaced by a system he said was more expensive and more intrusive. Snowden said he was inspired by Binney’s case, which in part inspired him to leak thousands of classified documents to journalists.

Since then, the NSA has ramped up its intelligence gathering mission to indiscriminately “collect it all.”

Binney said the NSA is today not as interested in phone records — such as who calls whom, when, and for how long. Although the Obama administration calls the program a “critical national security tool,” the agency is increasingly looking at the content of communications, as the Snowden disclosures have shown.

Binney said he estimated that a “maximum” of 72 companies were participating in the bulk records collection program — including Verizon, but said it was a drop in the ocean. He also called PRISM, the clandestine surveillance program that grabs data from nine named Silicon Valley giants, including Apple, Google, Facebook, and Microsoft, just a “minor part” of the data collection process.

“The Upstream program is where the vast bulk of the information was being collected,” said Binney, talking about how the NSA tapped undersea fiber optic cables. With help from its British counterparts at GCHQ, the NSA is able to “buffer” more than 21 petabytes a day.

Binney said the “collect it all” mantra now may be the norm, but it’s expensive and ineffective.

“If you have to collect everything, there’s an ever increasing need for more and more budget,” he said. “That means you can build your empire.”

They say you never leave the intelligence community. Once you’re a spy, you’re always a spy — it’s a job for life, with few exceptions. One of those is blowing the whistle, which he did. Since then, he has spent his retirement lobbying for change and reform in industry and in Congress.

“They’re taking away half of the constitution in secret,” said Binney. “If they want to change the constitution, there’s a way to do that — and it’s in the constitution.”

An NSA spokesperson did not immediately comment.

Edward Snowden & Hervé Falciani Knew Each Other Before Their Respective Exposé?

As it so happened, everything started and ended in Geneva…

It was a cold morning in mid-December 2008. Hervé Falciani has just finished packing his favorite black Rimowa luggage and a small handy leather bag with his five precious CDs safely tucked to the bottom.

“Mate I’m getting ready to leave for Nice for a few days, to do you know what,” he wrote on his encrypted email.

“Good luck mate. That’s the spirit. Am actually planning to get myself out of Geneva and home for good shortly after the New Year. Keep those stuff safe,” the reply promptly appeared on the computer screen.

“Will do. Thanks so much for all the guidance. Take care!” Falciani penned off, half-wishing his pal Snowden was not serious about leaving Geneva.

Well, that was probably how John le Carré approached his next best-selling spy novel but this opening scene may not be too far from the truth.

Falciani was widely dubbed the Snowden of the banking world when the HSBC exposé stole global headlines early this week. According to his profile, the then-36-year-old dual French-Italian national joined the British banking giant HSBC in 2000, in Monaco where he grew up, and was transferred to HSBC Private Bank (Suisse) in Geneva, Switzerland in 2006.

That was the same year Edward Snowden joined the CIA and the now famous whistleblower behind the NSA revelations was posted to Geneva the following year under diplomatic cover, where he admitted having grown disillusioned with American spy craft. He left Geneva and the agency in 2009.

And as an undercover CIA operative based in Geneva, Snowden probably knew some bankers as The Guardian once reported:

He described as formative an incident in which he claimed CIA operatives were attempting to recruit a Swiss banker to obtain secret banking information. Snowden said they achieved this by purposely getting the banker drunk and encouraging him to drive home in his car. When the banker was arrested for drunk driving, the undercover agent seeking to befriend him offered to help, and a bond was formed that led to successful recruitment.

The possibility that Snowden and Falciani knew each other may be a novelist’s creation and a trivial even if it’s true. But nevertheless, it would open up many possibilities.

Consider, for example, both claimed to have reported to their superiors, who ignored their respective complaints and warnings. Both became whistleblowers and accused for their actions. The two IT experts stole and released troves of internal data to the media – Falciani, the systems specialist of the HSBC Private Bank in Geneva now under the global spotlights, reportedly met French tax investigators at a cafe in Nice airport before Christmas of 2008 and handed them five CDs worth of confidential data pertaining to some 130,000 clients and 300,000 private accounts from 200 countries – which eventually reached then Finance Minister of France Christine Lagarde, who subsequently shared it with other countries.

And the rest was history as we know today.

Snowden is scheduled to speak via video-conference this Friday to the International Students For Liberty Conference in downtown Washington, D.C. Would be interesting to hear what he has to say about the HSBC exposé and… his friend Falciani.

Shhh… Glenn Greenwald with James Risen on "Pay Any Price: Greed, Power, and Endless War"

Photo (above) Source: https://www.youtube.com/watch?v=wZ68ZQhzwPs

I like to share with you this interview on the new book by James Risen, the two-time Pulitzer Prize-winning New York Times investigative reporter at the center of one of the most significant press freedom cases in decades who exposed the warrantless wiretapping of Americans by the National Security Agency as early as 2005, 8 years before the Snowden revelations. Risen also hit headlines after being on Obama’s blacklist after he was threatened with prison terms by the Justice Department for refusing to reveal the source of one of his stories.

https://soundcloud.com/the_intercept/james-risen-glenn-greenwald-pay-any-price-the-war-on-terror-press-freedoms

And here is the transcript from The Intercept.

Shhh… WikiLeaks' Cousin AfriLeaks – A New Anonymous Whistleblowing & Open Data Platform for Africa

AfriLeaks, a brand new anonymous whistleblowing platform, will be launched end November but unlike the renowned and established WikiLeaks, this African cousin will not be releasing secret information directly to the public.

“[AfriLeaks will] provide a secure tool for connectivity between the whistleblowers and the media who then investigate the substance and character of the leak,” according to Khadija Sharife of the African Network of Centers for Investigative Reporting (ANCIR) – the organization that will host the platform – in a Deutsche Welle report earlier this week

According to Deustche Welle, unlike WikiLeaks’ aim to publish and disclose information, “AfriLeaks will be there to provide leads for stories to media and research organizations. The new platform will allow whistleblowers to choose the media or research organization to which they want to send the information”.

Assange-Bio

WikiLeaks founder Julian Assange may be smiling. According to a biography (above), Assange described “going to Africa and testing my ground” in the early days of WikiLeaks where one of the very first story his whistleblowing platform broke was on Kenya – which was then fed to The Guardian who ran “The Looting of Kenya” as a front-page story. The article was subsequently picked up by the Kenyan media.

“From our point of view, the leak supported the idea that oppressed media organizations could suddenly be freed when a story that mattered to them – and which they couldn’t reveal on their own – was given legitimacy and the oxygen of international exposure first,” according to the book.

“We kept at it, kept publishing stuff that the African papers were too frightened to publish…”