Shhh… What Message is the US Sending to France with Bulk Data Collection to Resume Following WikiLeaks' Espionnage Élysée Expose?

As I have said previously, it’s all a farce and now becoming a circus… And consider the timing, what kind of message is this for France given the recent WikiLeaks’ Espionnage Élysée exposé of NSA spying on not only 3 French Presidents but also French companies?

See the New York Times article below.


Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection

By CHARLIE SAVAGEJUNE 30, 2015

WASHINGTON — The Foreign Intelligence Surveillance Court ruled late Monday that the National Security Agency may temporarily resume its once-secret program that systematically collects records of Americans’ domestic phone calls in bulk.

But the American Civil Liberties Union said Tuesday that it would ask the United States Court of Appeals for the Second Circuit, which had ruled that the surveillance program was illegal, to issue an injunction to halt the program, setting up a potential conflict between the two courts.

The program lapsed on June 1, when a law on which it was based, Section 215 of the USA Patriot Act, expired. Congress revived that provision on June 2 with a bill called the USA Freedom Act, which said the provision could not be used for bulk collection after six months.

The six-month period was intended to give intelligence agencies time to move to a new system in which the phone records — which include information like phone numbers and the duration of calls but not the contents of conversations — would stay in the hands of phone companies. Under those rules, the agency would still be able to gain access to the records to analyze links between callers and suspected terrorists.

But, complicating matters, in May the Court of Appeals for the Second Circuit, in New York, ruled in a lawsuit brought by the A.C.L.U. that Section 215 of the Patriot Act could not legitimately be interpreted as permitting bulk collection at all.

Congress did not include language in the Freedom Act contradicting the Second Circuit ruling or authorizing bulk collection even for the six-month transition. As a result, it was unclear whether the program had a lawful basis to resume in the interim.

After President Obama signed the Freedom Act on June 2, his administration applied to restart the program for six months. But a conservative and libertarian advocacy group, FreedomWorks, filed a motion in the surveillance court saying it had no legal authority to permit the program to resume, even for the interim period.

In a 26-page opinion made public on Tuesday, Judge Michael W. Mosman of the surveillance court rejected the challenge by FreedomWorks, which was represented by a former Virginia attorney general, Ken Cuccinelli, a Republican. And Judge Mosman said the Second Circuit was wrong, too.

“Second Circuit rulings are not binding” on the surveillance court, he wrote, “and this court respectfully disagrees with that court’s analysis, especially in view of the intervening enactment of the USA Freedom Act.”

When the Second Circuit issued its ruling that the program was illegal, it did not issue any injunction ordering the program halted, saying it would be prudent to see what Congress did as Section 215 neared its June 1 expiration. Jameel Jaffer, an A.C.L.U. lawyer, said on Tuesday that the group would now ask for one.

“Neither the statute nor the Constitution permits the government to subject millions of innocent people to this kind of intrusive surveillance,” Mr. Jaffer said. “We intend to ask the court to prohibit the surveillance and to order the N.S.A. to purge the records it’s already collected.”

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The bulk phone records program traces back to October 2001, when the Bush administration secretly authorized the N.S.A. to collect records of Americans’ domestic phone calls in bulk as part of a broader set of post-Sept. 11 counterterrorism efforts.

The program began on the basis of presidential power alone. In 2006, the Bush administration persuaded the surveillance court to begin blessing it under of Section 215 of the Patriot Act, which says the government may collect records that are “relevant” to a national security investigation.

The program was declassified in June 2013 after its existence was disclosed by the former intelligence contractor Edward J. Snowden.

It remains unclear whether the Second Circuit still considers the surveillance program to be illegal during this six-month transition period. The basis for its ruling in May was that Congress had never intended for Section 215 to authorize bulk collection.

In his ruling, Judge Mosman said that because Congress knew how the surveillance court was interpreting Section 215 when it passed the Freedom Act, lawmakers implicitly authorized bulk collection to resume for the transition period.

“Congress could have prohibited bulk data collection” effective immediately, he wrote. “Instead, after lengthy public debate, and with crystal-clear knowledge of the fact of ongoing bulk collection of call detail records,” it chose to allow a 180-day transitional period during which such collection could continue, he wrote.

The surveillance court is subject to review by its own appeals panel, the Foreign Intelligence Surveillance Court of Review. Both the Second Circuit and the surveillance review court are in turn subject to the Supreme Court, which resolves conflicts between appeals courts.

Wyn Hornbuckle, a Justice Department spokesman, said in a written statement that the Obama administration agreed with Judge Mosman.

Since the program was made public, plaintiffs have filed several lawsuits before regular courts, which hear arguments from each side before issuing rulings, unlike the surveillance court’s usual practice, which is to hear only from the government. Judge Mosman’s disagreement with the Second Circuit is the second time that the surveillance court has rejected a contrary ruling about the program by a judge in the regular court system.

In a lawsuit challenging the program that was brought by the conservative legal advocate Larry Klayman, Judge Richard J. Leon of Federal District Court in the District of Columbia ruled in December 2013 that the program most likely violated the Fourth Amendment, which prohibits unreasonable searches and seizures.

But in March 2014, Judge Rosemary M. Collyer, a Federal District Court judge who also sits on the secret surveillance court, rejected Judge Leon’s reasoning and permitted the program to keep going. The Obama administration has appealed Judge Leon’s decision to the Court of Appeals for the District of Columbia.

The Freedom Act also contains a provision saying that whenever the surveillance court addresses a novel and significant legal issue, it must either appoint an outside “friend of the court” who can offer arguments contrary to what the government is saying, or explain why appointing one is not appropriate.

The first test of that reform came last month when another judge on the court, F. Dennis Saylor IV, addressed a separate issue raised by the passage of the Freedom Act. Judge Saylor acknowledged that it was novel and significant, but declined to appoint an outside advocate, saying the answer to the legal question was “sufficiently clear” to him without hearing from one.

A version of this article appears in print on July 1, 2015, on page A19 of the New York edition with the headline: Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection.

Shhh… WikiLeaks: US Also Had a Decade-long Policy of Economic Espionage Against French Companies

(Above) photo credit: Focus

Assume this is no surprise to many? Following the recent WikiLeaks’ Espionnage Élysée exposé about the NSA spying on 3 French presidents, new WikiLeaks documents revealed how “the US has had a decade- long policy of economic espionage against France, including the interception of all French corporate contracts and negotiations valued at more than $200 million”.

“That covers not only all of France’s major companies, from BNP Paribas, AXA and Credit Agricole to Peugeot and Renault, Total and Orange, but it also affects the major French farming associations,” according to WikiLeaks founder Julian Assange.

“Central within the cache of documents are two long-term spying orders (“collection requirements”) which define the kinds of intelligence the NSA is tasked with collecting in its surveillance operations against France. The documents make clear that the NSA has been tasked with obtaining intelligence on all aspects of the French economy, from government policy, diplomacy, banking and participation in international bodies to infrastructural development, business practices and trade activities,” according to WikiLeaks.

Here’s a related story from Techcrunch:

New WikiLeaks Documents Reveal NSA Spied On Top French Companies

by Romain Dillet (@romaindillet)

Following last week’s eavesdropping reports, WikiLeaks shared new documents with Libération and Mediapart. This time, the new documents reveal that the NSA was spying on France’s best performing companies for economic intelligence purposes.

In addition to eavesdropping French Economy Ministers François Baroin and Pierre Moscovici between 2004 and 2012, the NSA gathered as much data as possible on big French companies. In particular, the agency wanted to know more about the companies that signed expensive export contracts for industrial goods, such as nuclear power plants, planes, high speed trains, etc.

According to an economic espionage order, the NSA intercepted all French corporate contracts and negotiations valued at more than $200 million in many different industries, such as telecommunications, electrical generation, gas, oil, nuclear and renewable energy, and environmental and healthcare technologies.

A second economic espionage order called “France: Economic Developments” shows that information was then shared with other U.S. agencies and secretaries, including the Secretary of Energy, the Secretary of Commerce, the Federal Reserve and the Secretary of Treasury. Eventually, this data could have been used to help sign export deals.

According to France’s IT security agency Anssi, the NSA could have spied on at least a hundred French companies, including most public CAC40 companies. Airbus filed a complaint for intelligence gathering earlier today.

The second document also states that the NSA could share this information with its closest allies — the U.K., Canada, New Zealand and Australia. It’s unclear whether the NSA is still actively spying on French companies. Today’s news is particularly interesting as it proves that the NSA is not only a geopolitical intelligence agency. It also plays an important role when it comes to economic intelligence.

Shhh… French Asylum Offer to Snowden & Assange as Ultimate US Contempt

(Above) Photo credit: The Intercept

No surprise, that’s the ultimate official French reaction to the WikiLeaks’ Espionnage Élysée exposé on the NSA “unspeakable practice” earlier this week – check out The Intercept article below.

French Justice Minister Says Snowden and Assange Could Be Offered Asylum

By Jenna McLaughlin @JennaMC_Laugh

French Justice Minister Christiane Taubira thinks National Security Agency whistleblower Edward Snowden and WikiLeaks founder Julian Assange might be allowed to settle in France.

If France decides to offer them asylum, she would “absolutely not be surprised,” she told French news channel BFMTV on Thursday (translated from the French). She said it would be a “symbolic gesture.”

Taubira was asked about the NSA’s sweeping surveillance of three French presidents, disclosed by WikiLeaks this week, and called it an “unspeakable practice.”

Her comments echoed those in an editorial in France’s leftist newspaper Libération Thursday morning, which said giving Snowden asylum would be a “single gesture” that would send “a clear and useful message to Washington,” in response to the “contempt” the U.S. showed by spying on France’s president.

Snowden, who faces criminal espionage charges in the U.S., has found himself stranded in Moscow with temporary asylum as he awaits responses from two dozen countries where he’d like to live; and Assange is trapped inside the Ecuadorian Embassy in London to avoid extradition to Sweden. (See correction below.)

Taubira, the chief of France’s Ministry of Justice, holds the equivalent position of the attorney general in the United States. She has been described in the press as a “maverick,” targeting issues such as poverty and same-sex marriage, often inspiring anger among French right-wingers.

Taubira doesn’t actually have the power to offer asylum herself, however. She said in the interview that such a decision would be up to the French president, prime minister and foreign minister. And Taubira just last week threatened to quit her job unless French President François Hollande implemented her juvenile justice reforms.

Correction: Due to an editing error, an earlier version of this article improperly described the state of Assange’s case in Sweden and his reason for avoiding extradition. He has refused to go to Sweden, where he faces accusations of sexual assault, because he fears he could then be extradited to the United States.

(This post is from our blog: Unofficial Sources.)