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.”

Advertisement
Continue reading the main story

Advertisement
Continue reading the main story

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… 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.)

Shhh… WikiLeaks' Latest Stunt: The Sony Archives

Has Julian Assange gone overboard with the latest WikiLeaks‘ dump of over 200,000 Sony documents and emails on its website this week?

“This archive shows the inner workings of an influential multinational corporation. It is newsworthy and at the centre of a geo-political conflict. It belongs in the public domain. WikiLeaks will ensure it stays there,” Assange explains in his press statement.

Sony’s lawyer David Boies was certainly not impressed and he has sent letters to media outlets urging them not to make use of the data, according to a Bloomberg report.

Shhh… The WikiLeaks' CIA Travel Guide

I like to share with you the latest WikiLeaks release, “CIA Travel Advice to Operatives”. Its press release is pasted below (click here for the full report).

And I find it appropriate to highlight an earlier column, Spies and the Airport Screening Machine.

Enjoy!

CIA Travel Advice to Operatives – Press Release

Today, 21 December 2014, WikiLeaks releases two classified documents by a previously undisclosed CIA office detailing how to maintain cover while travelling through airports using false ID – including during operations to infiltrate the European Union and the Schengen passport control system. This is the second release within WikiLeaks’ CIA Series, which will continue in the new year.

The two classified documents aim to assist CIA undercover officials to circumvent these systems around the world. They detail border-crossing and visa regulations, the scope and content of electronic systems, border guard protocols and procedures for secondary screenings. The documents show that the CIA has developed an extreme concern over how biometric databases will put CIA clandestine operations at risk – databases other parts of the US government made prevalent post-9/11.

How to Survive Secondary Screening without Blowing your CIA Cover

The CIA manual “Surviving Secondary”, dated 21 September 2011, details what happens in an airport secondary screening in different airports around the world and how to pass as a CIA undercover operative while preserving one’s cover. Among the reasons for why secondary screening would occur are: if the traveller is on a watchlist (noting that watchlists can often contain details of intelligence officials); or is found with contraband; or “because the inspector suspects that something about the traveler is not right”.

The highlighted box titled “The Importance of Maintaining Cover––No Matter What” at the end of the document provides an example of an occasion when a CIA officer was selected for secondary screening at an EU airport. During the screening his baggage was swiped and traces of explosives found. The officer “gave the cover story” to explain the explosives; that he had been in counterterrorism training in Washington, DC. Although he was eventually allowed to continue, this example begs the question: if the training that supposedly explained the explosives was only a cover story, what was a CIA officer really doing passing through an EU airport with traces of explosives on him, and why was he allowed to continue?

The CIA identifies secondary screening as a threat in maintaining cover due to the breadth and depth of the searches, including detailed questioning, searches of personal belongings and electronic databases and collection of biometrics “all of which focus significant scrutiny on an operational traveler”.

The manual provides advice on how best to prepare for and pass such a process: having a “consistent, well-rehearsed, and plausible cover”. It also explains the benefits of preparing an online persona (for example, Linked-In and Twitter) that aligns with the cover identity, and the importance of carrying no electronic devices with accounts that are not for the cover identity, as well as being mentally prepared.

CIA Overview of EU Schengen Border Control

The second document in this release, “Schengen Overview”, is dated January 2012 and details guidelines for border officials in the EU’s Schengen zone and the threats their procedures might pose in exposing the “alias identities of tradecraft-conscious operational travelers”, the CIA terminology for US spies travelling with false ID during a clandestine operation. It outlines how various electronic systems within Schengen work and the risks they pose to clandestine US operatives, including the Schengen Information System (SIS), the European fingerprint database EURODAC (European Dactyloscopie) and FRONTEX (Frontières extérieures) – the EU agency responsible for easing travel between member states while maintaining security.

While Schengen currently does not use a biometric system for people travelling with US documents, if it did this “would increase the identity threat level” and, the report warns, this is likely to come into place in 2015 with the EU’s Entry/Exit System (EES). Currently, the Visa Information System (VIS), operated by a number of Schengen states in certain foreign consular posts, provides the most concern to the CIA as it includes an electronic fingerprint database that aims to expose travellers who are attempting to use multiple and false identities. As use of the VIS system grows it will increase the “identity threat for non-US-documented travelers”, which would narrow the possible false national identities the CIA could issue for undercover operatives.

WikiLeaks’ Editor-in-Chief Julian Assange said: “The CIA has carried out kidnappings from European Union states, including Italy and Sweden, during the Bush administration. These manuals show that under the Obama administration the CIA is still intent on infiltrating European Union borders and conducting clandestine operations in EU member states.”

Both documents are classified and marked NOFORN (preventing allied intelligence liaison officers from reading it). The document detailing advice on maintaining cover through secondary screening also carries the classification ORCON (originator controlled) and specifically allows distribution to Executive Branch Departments/Agencies of the US government with the appropriate clearance, facilitating clandestine operations by the other 16 known US government spy agencies. Both documents were produced by a previously unknown office of the CIA: CHECKPOINT, situated in the Identity Intelligence Center (i2c) within the Directorate of Science and Technology. CHECKPOINT specifically focuses on “providing tailored identity and travel intelligence” including by creating documents such as those published today designed specifically to advise CIA personnel on protecting their identities while travelling undercover.

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…”

Shhh… List of Celebrities & Intellectuals in Support of Snowden

More than 50 well known musicians, actors and Nobel laureates (full list below) have shown their support for Edward Snowden and other whistleblowers like WikiLeaks and they are encouraging the public, through their social media outlets, to donate to the Courage Foundation which oversees the official legal defense fund for Edward Snowden and other whistleblowers, as well as fights for whistleblower protections worldwide.

SnowdenMovie

Meanwhile, The Guardian reported that actor Joseph Gordon-Levitt (best remembered for his roles in “Lincoln,” “The Dark Knight Rises” and “Inception” – photo above) has been confirmed to play Snowden in a movie to be directed by Oliver Stone, who has won best director Oscars for “Platoon” and “Born on the Fourth of July”. Stone is also noted for his political films like “JFK”, “Nixon” and “Looking for Fidel”.

According to a press release Monday, the list of signatories in support of Snowden includes:

Udi Aloni
Pamela Anderson
Anthony Arnove
Etienne Balibar
Alexander Bard
John Perry Barlow
Radovan Baros
David Berman
Russell Brand
Victoria Brittain
Susan Buck-Morss
Eduardo L. Cadava
Calle 13
Alex Callinicos
Robbie Charter
Noam Chomsky
Scott Cleverdon
Ben Cohen
Sadie Coles
Alfonso Cuaròn
John Deathridge
Costas Douzinas
Roddy Doyle
Bella Freud
Leopold Froehlich
Terry Gilliam
Charlie Glass
Boris Groys
Michael Hardt
P J Harvey
Wang Hui
Fredric Jameson
Brewster Kahle
Hanif Kureishi
Engin Kurtay
Alex Taek-Gwang Lee
Nadir Lahiji
Kathy Lette
Ken Loach
Maria Dolores Galán López
Sarah Lucas
Mairead Maguire
Tobias Menzies
M.I.A.
W. J. T. Mitchell
Moby
Thurston Moore
Tom Morello
Viggo Mortensen
Jean-Luc Nancy
Bob Nastanovich
Antonio Negri
Brett Netson
Rebecca O’Brien
Joshua Oppenheimer
John Pilger
Alexander Roesler
Avital Ronell
Pier Aldo Rovatti
Susan Sarandon
Peter Sarsgaard
Assumpta Serna
Vaughan Smith
Ahdaf Soueif
Oliver Stone
Cenk Uygur
Yanis Varoufakis
Peter Weibel
Vivienne Westwood
Tracy Worcester
Slavoj Zizek

Shhh… WikiLeaks Released Weaponized German Surveillance Malware (For Download) Used by Intelligence Agencies Around the World

Intelligence agencies around the world have been spying on journalists, activists and political dissidents using a surveillance malware produced by FinFisher, a German company specializing in computer intrusion systems, the exploitation of software and remote monitoring systems capable of intercepting communications and data from various devices, according to WikiLeaks which revealed Monday the latest published batch of secret documents.

The whistleblower website also released a list of FinFisher customers, which includes “Slovakia, Mongolia, Qatar State Security, South Africa, Bahrain, Pakistan, Estonia, Vietnam, Australia NSW Police, Belgium, Nigeria, Netherlands KLPD, PCS Security in Singapore, Bangladesh, Secret Services of Hungary, Italy and Bosnia & Herzegovina Intelligence”.

The FinFisher’s spyware is able to intercept communications and data from computers installed with the Mac OS X, Windows and Linux operating systems, as well as Android, iOS, BlackBerry, Symbian and Windows Mobile portable devices.

“FinFisher continues to operate brazenly from Germany selling weaponised surveillance malware to some of the most abusive regimes in the world. The Merkel government pretends to be concerned about privacy, but its actions speak otherwise. Why does the Merkel government continue to protect FinFisher? This full data release will help the technical community build tools to protect people from FinFisher including by tracking down its command and control centers,” said WikiLeaks founder Julian Assange.

But what makes the latest WikiLeaks release really stands out this time is that it did not simply release documents but posted the actual software for anyone to download- YES, the actual zip files containing the malware on its site but with this warning:

In order to prevent any accidental execution and infection, the following files have been renamed and compressed in password protected archives (the password is “infected”). They are weaponised malware, so handle carefully.”

Shhh… Snowden's Latest Appearance – Kim Dotcom's "Moment of Truth" Event in Auckland

Above: Edward Snowden discussed online surveillance on Kim Dotcom’s Moment of Truth event in Auckland, New Zealand on September 15. Both Julian Assange and Glenn Greenwald were also present.

The event follows up on the acknowledgement by Prime Minister John Key that the Kiwi intelligence agency Government Communications Security Bureau (GCSB) had tapped into the cable but only for the purposes of a cybersecurity programme – following his earlier denial of any allegation that the GCSB had spied on New Zealanders.

New Zealanders are now waiting for Key to explain the revelations that the GCSB operates X-Keyscore in New Zealand and conducting mass surveillance on the citizens on behalf of the NSA without their knowledge.

Watch the entire event here below:

Was Edward Snowden A Spy?

Or was Dick Cheney looking for a cheap excuse to play politics?

Edward Snowden with his sudden departure from Hong Kong for Moscow and eventually elsewhere, possibly a country hostile to the US, would reignite the question if he’s a spy or double agent.

But the allegations made last week by former US vice president Dick Cheney that the National Security Agency whistle-blower Edward Snowden could be a spy for China is off track, and he knows it, and are a deliberate public distraction as the Obama administration searches for scapegoats in the midst of defending the NSA surveillance programs with their one and only trump card.

Snowden left with his passport annulled, a warrant on his head plus criminal charges of espionage, theft and communicating classified intelligence to unauthorized persons.

But here is the dichotomy: While the corporate world is still coping with US regulations on better corporate governance practices, where does the notion of whistleblowing stand right now?

Please read the entire column here.