The Guardian reports: Brazil and Germany are spearheading efforts at the United Nations to protect the privacy of electronic communications in the wake of the Edward Snowden revelations and allegations of mass US spying.
Diplomats from the two countries, which have both been targeted by America’s National Security Agency, are leading efforts by a coalition of nations to draft a UN general assembly resolution calling for the right to privacy on the internet.
Although non-binding, the resolution would be one of the strongest condemnations of US snooping to date.
“This resolution will probably have enormous support in the GA [general assembly] since no one likes the NSA spying on them,” a western diplomat told Reuters on condition of anonymity.
The Brazilian president, Dilma Rousseff, has previously cancelled a state visit to Washington over the revelation that the NSA was scooping up large amounts of Brazilian communications data, including from the state-run oil company Petrobras. The drafting of the UN resolution was confirmed by the country’s foreign ministry.
The Associated Press quoted a diplomat who said the language of the resolution would not be “offensive” to any nation, particularly the US.
He added that it would expand the right to privacy guaranteed by the international covenant on civil and political rights, which went into force in 1976. [Continue reading…]
Author Archives: News Sources
What’s going on in Syria is about a lot more than chemical weapons
Lauren Wolfe writes: We’re off talk of “intervention” in Syria, and on to trying to get everyone to the negotiating table. It’s not going very well.
The head of the Syrian opposition has made it clear that they will not attend talks in Geneva unless President Bashar Al-Assad is removed from office. Scheduled for 23 November, the peace conference may not even occur unless all parties get to the room. In the meantime, atrocities are continuing daily in a kind of vacuum – it’s as if there is no war unless we are talking about chemical weapons.
The thing is, this war is so horrifying, so brutal, that it is hard to hold the constantly occurring atrocities at the forefront of our minds. But they exist, they are happening every minute, and we have to face them squarely if we are ever going to stop them.
Here, then, are just a few of the stories I’ve come across in my reporting. They are painful, but I think you should know about them.
There is a 14-year-old girl in southern Turkey who won’t speak to the press. Having been abducted, raped, burned, and otherwise tortured in a house run by shabiha (plainclothes militia) members in Idlib, Syria, this girl has suffered “a nervous breakdown”, a family friend told me. I know she is there because I have spoken to the hospital treating her, and the United Nations has documented her case.
There is a 12-year-old girl in a house in Lebanon who will only speak to ask for her mother. About 10 days after the girl was first arrested, the family received a video of a man in a uniform raping her from behind in a cell-like room. The girl is completely naked in the silent video. I know this because a family friend has seen the video and described it to me; I have not seen it personally.
There is a woman in her 30s locked in her father’s house in Idlib. Upon returning home from eight months’ captivity in two separate shabiha-run houses in Syria, her husband turned her away, saying, “Now that all these men have been in and out of you, you are not fit to be the mother of my children.” This is why she now lives with her father, who occasionally tells her, “I wish you’d died.” I know this because an activist named Raiefa Sammei has gathered details of this story from multiple sources and relayed them to me in person. [Continue reading…]
Robert Fisk’s comedy of errors
Brian Whitaker writes: Robert Fisk, the veteran Middle East correspondent, once offered this advice to would-be journalists:
“If you want to be a reporter you must establish a relationship with an editor in which he will let you write – he must trust you and you must make sure you make no mistakes.”
It was good advice, though perhaps more a case of “do as I say” than “do as I do”. Even if you disagree with Fisk’s articles or find them turgid, there’s still entertainment to be had from spotting his mistakes.
On Wednesday, for instance, anyone who read beyond the first paragraph of his column in The Independent would have found him asserting that Saudi Arabia had refused to take its place among “non-voting members” of the UN Security Council. He described this as an unprecedented step – which indeed it was, though not quite in the way Fisk imagines: the Security Council doesn’t have “non-voting” members (unless they choose to abstain). Presumably he meant “non-permanent members”.
Perhaps that is excusable, since the UN is not Fisk’s speciality. But he does specialise in reporting about the Middle East, and so we find him in a column last year informing readers that Syria had a stockpile of nuclear weapons – or, to be more precise, quoting President Obama as saying that it had:
“And then Obama told us last week that ‘given the regime’s stockpile of nuclear weapons, we will continue to make it clear to Assad … that the world is watching’.”
Obama’s actual words were: “Given the regime’s stockpile of chemical weapons, we will continue … etc.”
Fisk is at his most comical when he gets on his high horse and immediately falls off. Writing with (justified) indignation about the killings in Baba Amr last year, he began:
“So it’s the ‘cleaning’ of Baba Amr now, is it? ‘Tingheef’ in Arabic. Did that anonymous Syrian government official really use that word to the AP yesterday?”
Well, no. Obviously a Syrian official wouldn’t use the word ‘tingheef’, since it doesn’t exist in Arabic.
Fisk likes to drop the occasional Arabic word into his articles – they add local flavour and possibly impress readers who are unfamiliar with the language. For those who are familiar with Arabic, on the other hand, it only draws attention to his carelessness. [Continue reading…]
Please tell me, Mr President, why a U.S. drone assassinated my mother
Rafiq ur Rehman writes: The last time I saw my mother, Momina Bibi, was the evening before Eid al-Adha. She was preparing my children’s clothing and showing them how to make sewaiyaan, a traditional sweet made of milk. She always used to say: the joy of Eid is the excitement it brings to the children.
Last year, she never had that experience. The next day, 24 October 2012, she was dead, killed by a US drone that rained fire down upon her as she tended her garden.
Nobody has ever told me why my mother was targeted that day. The media reported that the attack was on a car, but there is no road alongside my mother’s house. Several reported the attack was on a house. But the missiles hit a nearby field, not a house. All reported that five militants were killed. Only one person was killed – a 65-year-old grandmother of nine.
My three children – 13-year-old Zubair, nine-year-old Nabila and five-year-old Asma – were playing nearby when their grandmother was killed. All of them were injured and rushed to hospitals. Were these children the “militants” the news reports spoke of? Or perhaps, it was my brother’s children? They, too, were there. They are aged three, seven, 12, 14, 15 and 17 years old. The eldest four had just returned from a day at school, not long before the missile struck.
But the United States and its citizens probably do not know this. No one ever asked us who was killed or injured that day. Not the United States or my own government. Nobody has come to investigate nor has anyone been held accountable. Quite simply, nobody seems to care. [Continue reading…]
The NSA has harmed global cybersecurity. It needs to reveal what it’s done
Computer scientists Nadia Heninger and J. Alex Halderman write: Of all of the revelations about the NSA that have come to light in recent months, two stand out as the most worrisome and surprising to cybersecurity experts. The first is that the NSA has worked to weaken the international cryptographic standards that define how computers secure communications and data. The second is that the NSA has deliberately introduced backdoors into security-critical software and hardware. If the NSA has indeed engaged in such activities, it has risked the computer security of the United States (and the world) as much as any malicious attacks have to date.
No one is surprised that the NSA breaks codes; the agency is famous for its cryptanalytic prowess. And, in general, the race between designers who try to build strong codes and cryptanalysts who try to break them ultimately benefits security. But surreptitiously implanting deliberate weaknesses or actively encouraging the public to use codes that have secretly been broken — especially under the aegis of government authority — is a dirty trick. It diminishes computer security for everyone and harms the United States’ national cyberdefense interests in a number of ways.
Few people realize the extent to which the cryptography that underpins Internet security relies on trust. One of the dirty secrets of the crypto world is that nobody knows how to prove mathematically that core crypto algorithms — the foundations of online financial transactions and encrypted laptops — are secure. Instead, we trust that they are secure because they were created by some of the world’s most experienced cryptographers and because other specialists tried diligently to break them and failed.
Since the 1970s, the U.S. National Institute of Standards and Technology (NIST) has played a central role in coordinating this trust, and in deciding which algorithms are worthwhile, by setting the cryptographic standards used by governments and industries the world over. NIST has done an admirable job of organizing the efforts of cryptographic experts to design and evaluate ciphers. It has also been able to harness the clout of the U.S. government to get those designs — including such state-of-the-art technology as the AES cipher, the SHA-2 hash functions, and public-key cryptography based on elliptic curves — adopted by industry. In turn, American industry believed that it could trust that these technologies had been designed by a competent organization with its interests at heart.
There is now credible evidence that the NSA has pushed NIST, in at least one case, to canonize an inferior algorithm designed with a backdoor for NSA use. Dozens of companies implemented the standardized algorithm in their software, which means that the NSA could potentially get around security software on millions of computers worldwide. Many in the crypto community now fear that other NIST algorithms may have been subverted as well. Since no one knows which ones, though, some renowned cryptographers are questioning the trustworthiness of all NIST standards. [Continue reading…]
Congressional oversight of the NSA is a joke. I should know, I’m in Congress
Rep. Alan Grayson writes: In the 1970s, Congressman Otis Pike of New York chaired a special congressional committee to investigate abuses by the American so-called “intelligence community” – the spies. After the investigation, Pike commented:
It took this investigation to convince me that I had always been told lies, to make me realize that I was tired of being told lies.
I’m tired of the spies telling lies, too.
Pike’s investigation initiated one of the first congressional oversight debates for the vast and hidden collective of espionage agencies, including the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA). Before the Pike Commission, Congress was kept in the dark about them – a tactic designed to thwart congressional deterrence of the sometimes illegal and often shocking activities carried out by the “intelligence community”. Today, we are seeing a repeat of this professional voyeurism by our nation’s spies, on an unprecedented and pervasive scale.
Recently, the US House of Representatives voted on an amendment – offered by Representatives Justin Amash and John Conyers – that would have curbed the NSA’s omnipresent and inescapable tactics. Despite furious lobbying by the intelligence industrial complex and its allies, and four hours of frantic and overwrought briefings by the NSA’s General Keith Alexander, 205 of 422 Representatives voted for the amendment.
Though the amendment barely failed, the vote signaled a clear message to the NSA: we do not trust you. [Continue reading…]
Europe’s anger grows over alleged U.S. spying
The Los Angeles Times reports: European leaders united in outrage Thursday over reported U.S. spying, with German Chancellor Angela Merkel declaring that trust between her government and the Obama administration would need to be rebuilt after reports that U.S. intelligence agencies might have tapped her cellphone.
Amid signs of anger from close allies over mass electronic surveillance, Germany’s Foreign Ministry also summoned U.S. Ambassador John B. Emerson to make clear its displeasure. Foreign Minister Guido Westerwelle said afterward that he had demanded that “these activities that have been reported will be comprehensively investigated. We need the truth now.”
Arriving at a meeting of European Union leaders in Brussels, Merkel said she had “repeatedly made clear to the American president [that] spying among friends is absolutely not OK. I said that to him in June when he was in Berlin, also in July, and yesterday in a telephone call.
“We need trust among allies and partners,” she said. “Such trust must now be built anew.”
Her anger was matched by that of other European leaders at the 28-nation meeting. “We want the truth,” Italian Prime Minister Enrico Letta was quoted as telling reporters. “It is not in the least bit conceivable that activity of this type could be acceptable.”
Reuters adds: A delegation of lawmakers from the European Union will travel to Washington on Monday to seek a response to allegations of widespread spying by the United States against EU citizens and governments, including German Chancellor Angela Merkel.
The three-day visit by members of the European Parliament’s civil liberties committee follows reports this week that the U.S. National Security Agency accessed tens of thousands of French phone records and monitored Merkel’s mobile phone.
The revelations have drawn condemnation from EU leaders meeting in Brussels, with Merkel demanding that the United States sign up to a “no-spying” agreement with Germany and France by the end of the year, in line with similar deals with Britain and others.
The nine-member delegation will meet senior U.S. government and intelligence officials and explore “possible legal remedies for EU citizens” resulting from the alleged surveillance, although it is not clear what such remedies might entail.
The European Parliament has already opened an inquiry into the impact on Europe from leaks by former NSA contractor Edward Snowden, and has led a push for tougher data protection rules and the suspension of a major transatlantic data-sharing deal.
Islamophobia, surveillance-targeting, and the NYPD’s secret spying unit
Alex Kane writes: The Islamic Society of Bay Ridge sits on a bustling avenue steps away from the subway in the southwest corner of Brooklyn. Walk by the white building on a Friday afternoon, and nothing seems out of the ordinary. There are men waiting outside to enter the building to pray, while life goes on as usual around the building. Like any other mosque in New York City, the call to prayer blares out of loudspeakers five times a day; it’s the Islamic Society’s normality that makes its designation as a front for extremism and violence all the more jarring.
On August 28, the Associated Press disclosed that the New York City Police Department (NYPD) had been labeled the Bay Ridge institution — and 11 other mosques — “terrorism enterprises.” The designation, which allows the NYPD to infiltrate the mosque and record religious sermons normally protected under the First Amendment, evinced no expressions of shock from Zein Rimawi, the 59-year-old Palestinian-American co-founder of the mosque. The place where he goes to pray has been under the watchful eye of the police since at least 2003. He’s used to it by now, though he’s still angry that the surveillance exists.
A week after the AP story, we sat in an office at the mosque, surrounded by Qur’ans and a shirt reading “Free Egypt” in protest of the July 3 coup in that country. Rimawi calmly explained to me the presence of NYPD informants inside his mosque that day — “at least three of them,” he noted. I asked him how he could tell who was an informant, and he told me that in a tight-knit Muslim community like Bay Ridge, everyone knows each other. It’s easy to spot who’s out of place — especially if they’re asking a ton of questions.
His experience is by no means unique. Across New York City’s 800,000-person strong Muslim community, police infiltration by way of undercover officers or informants — usually people with criminal backgrounds who strike a deal with the NYPD — has become routine. The September 11 attacks sparked the NYPD’s transformation from municipal law enforcement agency to domestic intelligence service. Talk to Muslim leaders and activists, and stories of encounters with informants pour out. What emerges from these tales is a portrait of a police force that has tentacles reaching into every nook and cranny of New York City’s Muslim world, chilling activism, speech and association. [Continue reading…]
Hagel pushes for greater secrecy in U.S. Defense Department
American Forces Press Service reports: Defense Secretary Chuck Hagel recently directed that DOD organizations take additional steps to ensure unclassified controlled technical information is protected from cyber intrusions.
“Stolen data provides potential adversaries extraordinary insight into the United States’ defense and industrial capabilities and allows them to save time and expense in developing similar capabilities,” Hagel said in a memo dated Oct. 10.
“Protection of this data is a high priority for the department and is critical to preserving the intellectual property and competitive capabilities of our national industrial base and the technological superiority of our fielded military systems,” he added.
As the world has become increasingly dependent on electronic data, traditional physical security concepts are no longer valid, said Jennifer Elzea, a Defense Department spokesperson.
Egypt considers law that could sharply limit protests, months after coup against Morsi
The Washington Post reports: A draft law that would strictly regulate street protests in Egypt is drawing fierce criticism from rights groups and exposing fresh cracks in the broad coalition that backed the military coup against President Mohamed Morsi in July.
The legislation, drafted this month by the military-appointed interim government, grants authorities the power to cancel demonstrations or quickly escalate to the use of lethal force for vague reasons, including threats to the public order.
Deputy Prime Minister Ziad Bahaa al-Din said in a statement on his official Facebook page Monday that the cabinet would probably delay the legislation because of mounting opposition. Prime Minister Hazem el-Beblawi said in a television interview Sunday that the government is open to considering amendments to the bill.
But if signed into law by interim President Adly Mansour, the current version would impose a blanket ban on public sit-ins and require protesters to seek advance permission from the Interior Ministry to hold a demonstration. Violators would face harsh fines and up to three years in prison. [Continue reading…]
Mozilla Lightbeam reveals who’s watching you online
Evan Dashevsky writes: You are being stalked, right now, at this very moment. And by that, I mean your personal information is considered a very hot commodity among people you have never even met.
We all leave behind little bits of personal information with every new new step in our digital footprint: What sites we visit, what searches we conduct, what links we follow, and so on. Collecting that information is big business. Every time you visit a website—even this one—a ripple of data is sent through the Internet, often without our knowledge and sometimes without our consent. Lightbeam, a visually striking new add-on from Mozilla, helps illuminate the sometimes-invisible connections that weave our digital lives.
Firefoxers can find the Lightbeam add-on here. Once installed, users will find the Lightbeam logo in the bottom right of the browser. Clicking it will open a new tab with three visualization options: Graph, Clock, and List.
The default Graph option creates an zoomable, interactive visualization of your Web activity. Every time you voluntarilly visit a site, Lightbeam records this hit with a circle icon. Lightbeam assigns a triangle icon for every third-party site actively sucking data from the page you visited. Each site you visit is visually connected with a drawn line; a purple line means that a cookie is involved in the data transfer. Each site icon will be sized according to the amount of connections, and each icon will be closer to other icons depending on how many connections they share. [Continue reading…]
Outrage over U.S. spying in Germany: ‘We have recent experience of what totalitarianism means’
The Local reports: Chancellor Angela Merkel said on Thursday it was “really not on” for allies to spy on each other as the fall-out over allegations that the US National Security Agency tapped her mobile phone continues.
“We need trust between allies and partners, and such trust needs to be restored,” she said on arrival at an EU summit in Brussels.
Germany has reacted with anger over allegations the NSA tapped Merkel’s phone. Developments on Thursday include:
-Germany summoning the US ambassador in Berlin;
-The federal prosecutor’s office in Karlsruhe, part of the Ministry of Justice, intervening by stating on Thursday lunchtime it will investigate the case;
-Merkel’s phone number found in documents leaked by NSA whistleblower Edward Snowden. According to the Welt newspaper it was her old Nokia phone number;
-Germany’s parliamentary security services committee calling a special meeting.
Merkel’s mobile phone is expected to be examined by security services on Thursday to see whether it may have been tapped and what information could have been gained from it, the Bild newspaper reported.
And the revelations have also dominated the European Union summit in Brussels which was supposed to focus on economic issues.
European Commission president Jose Manuel Barroso said, in reference to life in Communist-era East Germany, that not so long ago “there was a part of Germany where political police were spying on people’s lives daily”.
“We have recent experience of what totalitarianism means,” he said. “We know what happens when a state uses powers that intrude on people’s lives.” [Continue reading…]
Claim on ‘attacks thwarted’ by NSA spreads despite lack of evidence
By Justin Elliott and Theodoric Meyer, ProPublica, October 23, 2013
Two weeks after Edward Snowden’s first revelations about sweeping government surveillance, President Obama shot back. “We know of at least 50 threats that have been averted because of this information not just in the United States, but, in some cases, threats here in Germany,” Obama said during a visit to Berlin in June. “So lives have been saved.”
In the months since, intelligence officials, media outlets, and members of Congress from both parties all repeated versions of the claim that NSA surveillance has stopped more than 50 terrorist attacks. The figure has become a key talking point in the debate around the spying programs.
“Fifty-four times this and the other program stopped and thwarted terrorist attacks both here and in Europe 2014 saving real lives,” Rep. Mike Rogers, a Michigan Republican who chairs the House Intelligence Committee, said on the House floor in July, referring to programs authorized by a pair of post-9/11 laws. “This isn’t a game. This is real.”
But there’s no evidence that the oft-cited figure is accurate.
In Yemen, drones aren’t a policy
Nabeel Khoury writes: I recall the good old days in Yemen from 2004 to 2007—that is, relatively speaking. I was then the Deputy Chief of Mission at the U.S. Embassy in Sanaa, which pretty much enjoyed the run of the country, except for the northern region of Saada, which the government of Ali Abdallah Saleh denied us permission to visit due to the then ongoing war there. To be sure, coordination with local authorities were required, but I was able to obtain permission to go hiking in the gorgeous mountain regions around and south of Sanaa. On occasion, I was also able to travel unescorted to remote villages and actually spend the weekend. On one occasion, driving with a British friend in my personal vehicle, we stopped at an odd looking little place just off the road with a sign that said “Youth Sports Club.” On the first floor (literally) all conceivable brands of alcohol; on the second floor, all conceivable types of weapons. The shopkeeper quipped, “If you don’t see it, ask me; I’ll know where to get it for you!”
Al-Qaeda in the Arabian Peninsula (AQAP) certainly existed then, although it had not yet acquired the name and notoriety that it now enjoys. It was a rare occasion, in those days, that U.S. forces or equipment were needed to directly go after an AQ operative.
So what happened, between 2007 when I left Yemen and 2013? The United States sent back home a few Guantanamo detainees to Yemen, the Iraq war ended and Yemeni foreign fighters returned home, and Osama Ben Laden was killed. Meanwhile the U.S. policy of using drones to track and kill AQAP elements went into full gear.
If we assess U.S. policy in Yemen from a security standpoint first, we would have to conclude that it has certainly not brought more security to the American diplomats in Yemen. Sanaa is now classified as an unaccompanied post, meaning it is too dangerous for diplomats to bring families with them. Further, diplomats who, until recently, tended to live on the economy, in villas and apartment buildings in the middle of downtown Sanaa, were first moved to a well guarded hotel near the Embassy compound in 2011, and consequently into crowded quarters on the compound itself. American diplomats wishing to go outside embassy walls to meet with Yemenis, now have to have heavy security escorts and are discouraged from all but essential meetings impossible to conduct on the compound itself. [Continue reading…]
Obama more interested in reading text messages than hearing about Syria
A New York Times report which chronicles President Obama’s handling, or to be more exact, hands-off approach to the Syria crisis makes repeated references to his “body language” which appears to have been more expressive than his utterances: “he often appeared impatient or disengaged while listening to the debate, sometimes scrolling through messages on his BlackBerry or slouching and chewing gum.”
In addition, Obama’s position on Syria was reportedly being expressed by his chief of staff, Denis R. McDonough, who seems to have concluded that the indefinite continuation of the war would serve American interests.
[A] new American intelligence assessment at the beginning of 2013 revived the discussions about whether to give arms to the rebels.
In a reversal from what spy agencies had been telling administration officials for more than a year, the new assessment concluded that Mr. Assad’s government was in no danger of collapsing, and that Syrian troops were gaining the upper hand in the civil war. The pace of Syrian Army defections had slowed, and Iranian munitions shipments had replenished the stocks of army units that had once complained of shortages in arms and ammunition.
The opposite was true for the rebels, who were running out of ammunition and supplies. Morale was low, American spy agencies concluded, and Qaeda-linked groups like the Nusra Front were becoming increasingly dominant in the rebellion.
Besides the Syrian government’s gains, there was mounting evidence that Mr. Assad’s troops had repeatedly used chemical weapons against civilians.
Even as the debate about arming the rebels took on a new urgency, Mr. Obama rarely voiced strong opinions during senior staff meetings. But current and former officials said his body language was telling: he often appeared impatient or disengaged while listening to the debate, sometimes scrolling through messages on his BlackBerry or slouching and chewing gum.
In private conversations with aides, Mr. Obama described Syria as one of those hellish problems every president faces, where the risks are endless and all the options are bad. Those views would then be reflected in larger groups by Tom Donilon, the national security adviser, and Mr. McDonough.
“You could read the president’s position through Tom and Denis,” one former senior White House official said.
Slowly, however, Mr. Obama’s position began to change, in no small part because of intense lobbying by foreign officials. During a three-day trip to the Middle East in March, Mr. Obama met with Prime Minister Benjamin Netanyahu of Israel, who warned him that the Assad government’s chemical weapons could fall into the hands of the Lebanese militant group Hezbollah.
The pressure was even more intense the next day in Jordan, where Mr. Obama, Mr. Donilon and Mr. Kerry had a late-night dinner with King Abdullah II. Jordan was straining under the weight of more than 100,000 Syrian refugees, and the king urged Mr. Obama to take a more active role in trying to end the war.
Jordanian officials were even offering to allow the C.I.A. to use the country as a base for drone strikes in Syria — offers that the Obama administration repeatedly declined.
By April, senior officials said, one of the major skeptics, Mr. Donilon, had shifted in favor of arming the rebels. Another strong opponent in the fall, Ms. Rice, had also shifted her position, partly because of the alarming intelligence about the state of the rebellion.
Mr. McDonough, who had perhaps the closest ties to Mr. Obama, remained skeptical. He questioned how much it was in America’s interest to tamp down the violence in Syria. Accompanying a group of senior lawmakers on a day trip to the Guantánamo Bay naval base in early June, Mr. McDonough argued that the status quo in Syria could keep Iran pinned down for years. In later discussions, he also suggested that a fight in Syria between Hezbollah and Al Qaeda would work to America’s advantage, according to Congressional officials. [Continue reading…]
Germany says U.S. may have monitored Merkel’s phone
Reuters reports: The German government has obtained information that the United States may have monitored the mobile phone of Chancellor Angela Merkel and she called President Barack Obama on Wednesday to demand an immediate clarification, her spokesman said.
In a strongly worded statement, the spokesman said Merkel had told Obama that if such surveillance had taken place it would represent a “grave breach of trust” between close allies.
“She made clear that she views such practices, if proven true, as completely unacceptable and condemns them unequivocally,” the statement read.
White House spokesman Jay Carney, responding to the news in Washington, said Obama had assured Merkel that the United States “is not monitoring and will not monitor” the communications of the chancellor.
When pressed on whether spying may have occurred in the past, a White House official declined to elaborate on the statement.
“I’m not in a position to comment publicly on every specific alleged intelligence activity,” the official said. [Continue reading…]
Thanks to Snowden, EU moves ahead with tough new data protection rules
Slate reports: Lawmakers in the European Parliament have moved to combat clandestine mass surveillance programs by voting in favor of introducing tougher new data protection rules.
On Monday, the Parliament’s civil liberties committee approved the proposed reform, laying the groundwork for a significant overhaul of Europe’s current data protection framework. The changes have been in the works for 18 months, but the former NSA contractor Edward Snowden’s disclosures about U.S. and U.K. spy programs gave new urgency to the overhaul. The newly proposed rules, which still have to be agreed upon by EU member states, would restrict how companies such as Google and Microsoft could pass data on a European citizen to a third country. Companies would have to inform people whose data were requested and get any transfer of data signed off by the data protection authority. Any company caught breaching the regulations could face large fines of up to 5 percent of their revenue, which could in some cases amount to billions of dollars.
German member of the European Parliament Jan Albrecht described the vote as “a breakthrough for data protection rules in Europe, ensuring that they are up to the task of the challenges in the digital age.” Albrecht, a vocal critic of NSA and GCHQ surveillance on the civil liberties committee, added in a statement issued Monday that the legislation would introduce “overarching EU rules on data protection, replacing the current patchwork of national laws.” [Continue reading…]
Why the NSA’s defense of mass data collection makes no sense
Bruce Schneier writes: The basic government defense of the NSA’s bulk-collection programs — whether it be the list of all the telephone calls you made, your email address book and IM buddy list, or the messages you send your friends — is that what the agency is doing is perfectly legal, and doesn’t really count as surveillance, until a human being looks at the data.
It’s what Director of National Intelligence James R. Clapper meant when he lied to Congress. When asked, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” he replied, “No sir, not wittingly.” To him, the definition of “collect” requires that a human look at it. So when the NSA collects — using the dictionary definition of the word — data on hundreds of millions of Americans, it’s not really collecting it, because only computers process it.
The NSA maintains that we shouldn’t worry about human processing, either, because it has rules about accessing all that data. General Keith Alexander, director of the NSA, said that in a recent New York Times interview: “The agency is under rules preventing it from investigating that so-called haystack of data unless it has a ‘reasonable, articulable’ justification, involving communications with terrorists abroad, he added.”
There are lots of things wrong with this defense.
First, it doesn’t match up with U.S. law. Wiretapping is legally defined as acquisition by device, with no requirement that a human look at it. This has been the case since 1968, amended in 1986.
Second, it’s unconstitutional. The Fourth Amendment prohibits general warrants: warrants that don’t describe “the place to be searched, and the persons or things to be seized.” The sort of indiscriminate search and seizure the NSA is conducting is exactly the sort of general warrant that the Constitution forbids, in addition to it being a search by any reasonable definition of the term. The NSA has tried to secretly redefine the word “search,” but it’s forgotten about the seizure part. When it collects data on all of us, it’s seizing it.
Third, this assertion leads to absurd conclusions. [Continue reading…]
