Category Archives: US government

CIA secret prisons: a decade later, justice in Africa?

John Sifton writes: I have just arrived here in the Gambia, in westernmost Africa, to testify before the African Commission of Human Rights about a CIA rendition case involving Djibouti, 4,000 miles east at the mouth of the Red Sea.

The case against Djibouti was brought by Mohammed Abdullah Saleh al-Asad, a Yemeni citizen who was arrested in 2003 in Tanzania and taken on a private flight to Djibouti. There the CIA — with help from Djibouti authorities — detained him short term and then flew him to another CIA facility in Afghanistan. His petition provides evidence that he was subjected to beatings and torture in both locations. The CIA appears to have realized later that al-Asad was not involved in terrorism or al-Qaeda, and returned him to Yemen in 2005.

The al-Asad case is one of several brought to hold the US government and its co-perpetrators accountable for unlawful arrests, detentions, and interrogations carried out by the CIA during the Bush administration — serious abuses that my colleagues and I documented for Human Rights Watch in numerous reports in 2004 to present. Known CIA interrogation techniques included severe sleep deprivation, forced standing, exposure to cold, slapping and hitting, confining detainees in small boxes, and throwing detainees against the wall. Some were waterboarded. [Continue reading…]

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NSA chief likely to be stripped of cyber war powers

The Hill reports: Senior military officials are leaning toward removing the National Security Agency director’s authority over U.S. Cyber Command, according to a former high-ranking administration official familiar with internal discussions.

Keith Alexander, a four star general who leads both the NSA and Cyber Command, plans to step down in the spring.

No formal decision has been made yet, but the Pentagon has already drawn up a list of possible civilian candidates for the next NSA director, the former official told The Hill. A separate military officer would head up Cyber Command, a team of military hackers that trains for offensive cyberattacks and protects U.S. computer systems.

The administration might also decide to have two military officers lead the two agencies.

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Morsi calls trial in Egypt ‘illegitimate,’ and case is delayed

When America’s obsequious Secretary of State John Kerry met Egypt’s ruling generals yesterday, he claimed they appear to be following a “road map” back to democracy — even though they have not pledged to lift emergency rule. Neither did he raise the issue of Morsi’s trial.

The New York Times reports: As Egypt’s new military-led government consolidates its power, Mohamed Morsi, the deposed president, went on trial on Monday, facing charges of inciting the murder of protesters, but he rejected the court’s authority and proclaimed himself to be the country’s legitimate ruler.

The trial got off to a late start, and the case was soon adjourned until Jan. 8.

The trial’s brief opening was Mr. Morsi’s first public appearance since his removal from office on July 3 and, in a dizzying turn for Egypt, the second criminal trial of a former head of state in less than three years. Former President Hosni Mubarak, ousted in February 2011 and now under house arrest in a military hospital, is facing a retrial at the same site, the auditorium of a police academy.

According to the website of Al Ahram, Egypt’s flagship state newspaper, the trial got under way as Mr. Morsi and 14 other Islamist defendants appeared in a caged dock and court officials called out their names. But news reports said the hearing was first delayed and then suspended after Mr. Morsi refused to dress in prison clothing and chants by his co-defendants drowned out the proceedings.

Journalists who were allowed into the courtroom were not permitted to take telephones or other communications devices, limiting the flow of information. But witnesses in the courtroom said that Mr. Morsi declared, “This trial is illegitimate,” and said he was still Egypt’s lawful president.

Mr. Morsi’s Islamist allies in the Muslim Brotherhood had called for major protests against the trial, and the Interior Ministry said it had deployed thousands of riot police officers to secure the streets. Shortly before 11 a.m., as the trial began, the streets remained quiet, but the number of demonstrators began to grow from only a few dozen to perhaps 100 in two locations outside the court.

Pro-Morsi demonstrators gathered in larger numbers at the Supreme Constitutional Court in the Maadi district of southern Cairo, witnesses said.

BBC News reports on the changing tactics among Muslim Brotherhood protesters.

Protesters gather in small numbers in many different locations rather than holding mass rallies in one location like that of the Rabaa al-Adawiya or al-Nahda squares.

It’s been a little over two months now since security forces cracked down on those two squares where supporter of former President Morsi and the Muslim Brotherhood gathered in their thousands.

Since then almost all the leaders of the Muslim Brotherhood, including its supreme guide, have been arrested.

Many supporters have also been rounded up and thrown in jail. A recent incident in Alexandria saw more than 20 women supporters of the Muslim Brotherhood arrested in clashes with residents of one of the city’s most crowded neighbourhoods.

But all of that doesn’t seem to deter supporters of the ousted president from taking to the streets.

“It’s important to keep the momentum going,” said Yomna, a university student in her final year.

Yomna didn’t want her last name revealed. She said that as a Morsi supporter, she had to be careful not to reveal her identity. That alone shows how different things have become here in Egypt.

Despite what happened in Rabaa or even because of it, many Muslim Brotherhood supporters insist that the only way for them is the street.

“We’re tired but we are not defeated, we’re still in the street because people know that this is where they should be,” Yomna said.

“This trial will be a chance for us to regroup and unite again,” she added.

“Seeing that they have put our president on trial will make us even more determined.”

Despite this determination, Yomna admits that these past few months have been extremely difficult for her and many like her who still want Mohammed Morsi to be returned to office.

“Look what happened to those girls,” she said, referring to the women who were arrested in Alexandria recently.

“As a Morsi supporter I feel vulnerable to arrest at any time now. I’ll keep protesting but I know next time it could be me.

“Sometimes I feel like I no longer live in my own country.”

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Kerry paints rosy picture of Egypt moving towards democracy

Reuters reports: U.S. Secretary of State John Kerry said on Sunday that there are indications Egypt’s generals intend to restore democracy, after an army takeover that prompted Washington to freeze some aid to its long-standing ally.

Kerry, the most senior U.S. official to visit Egypt since the overthrow of Islamist President Mohamed Mursi in July, said Cairo was a vital partner, apparently trying to repair ties strained by the partial freeze in U.S. aid, pending progress on democracy.

“Thus far there are indications that this is what they are intending to do,” Kerry said after a meeting with his Egyptian counterpart, referring to his recent remarks in Pakistan that Egypt’s military was “restoring democracy”.

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With latest drone strike, CIA may have sabotaged peace talks in Pakistan

“The death of the [Tehrik-i-Taliban Pakistan] leader, Hakimullah Mehsud, is a signal achievement for the covert CIA program at a time when drones themselves have come under criticism from human rights groups and other critics in Pakistan and the United States over the issue of civilian casualties.”

Thus declares a lead editorial in the New York Times. But wait a minute — this isn’t an editorial. It purports to be a news report. “Signal achievement” is not exactly the language of unbiased reporting.

Only a week ago the Times editorial board, echoing Amnesty International and Human Rights Watch, was challenging the argument that drone strikes can be supported because of their “surgical precision.” Times reporters seem to regard the death of Mehsud as a vindication for the CIA, rebuffing its critics. Needless to say, 24 hours after the attack we have absolutely no way of knowing whether any civilians were killed.

What we do know however, is that the “collateral damage” from this particular drone strike may extend far beyond Waziristan.

The Times reporters say:

Hunted by American drones, Mr. Mehsud adopted a low profile in recent months and was rarely seen in the news media. But in a BBC interview that was broadcast in October, he vowed to continue his campaign of violence. He was aware that the C.I.A. was seeking to kill him, he said, adding: “Don’t be afraid. We all have to die someday.”

Yet for the BBC journalist who interviewed him, Mehsud’s observation about mortality was an incidental detail. The news which the BBC highlighted and the New York Times seems to dismiss, was that Mehsud said the Taliban were ready for peace talks.

Asked about the possibility of peace talks with the government, Mehsud said: “We believe in serious talks but the government has taken no steps to approach us. The government needs to sit with us, then we will present our conditions.”

Mehsud said he was not prepared to discuss conditions through the media.

“The proper way to do it is that if the government appoints a formal team, and they sit with us, and we discuss our respective positions.”

Leader of the Pakistani Taliban, Hakimullah Mehsud: “The government needs to sit with us, then we will present our conditions”

Mehsud said he would guarantee the security of any government negotiators.

He said that for any ceasefire to be credible “it is important that drone strikes are stopped”.

The CIA however, has less interest in supporting conditions for peace in Pakistan than it has in retaliating for the 2009 suicide attack on Camp Chapman in which seven were CIA personnel were killed.

Moreover, having been transformed from an intelligence gathering organization into a paramilitary force specializing in drone strikes, the perpetuation of violence in Pakistan would seem to serve the CIA’s interests.

Mehsud’s death not only undermines the chances for the Taliban and the Pakistan government to engage in serious talks but it diminishes the ability of a loosely affiliated group of militants to be able to speak with one voice.

Mehsud’s replacement, Khan Said ‘Sajna’, was chosen in a shura (council) today, but out of 60 members Sanja only had the support of 43. Several senior Taliban commanders are opposed to his promotion.

In the standard rhetoric of counterterrorism, the Taliban have been dealt a major blow — as though men like Hakimullah Mehsud are irreplaceable. The more predictable outcome is that the Taliban’s enemies will understand less about its leadership and those who might be willing to enter negotiations will be outflanked by those who favor more violence.

The Pakistan government insists that it will move forward with peace talks, but with whom they intend to engage in dialogue seems unclear.

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NSA chief Keith Alexander blames diplomats for surveillance requests

The Guardian reports: The director of the National Security Agency has blamed US diplomats for requests to place foreign leaders under surveillance, in a surprising intervention that risks a confrontation with the State Department.

General Keith Alexander made the remarks during a pointed exchange with a former US ambassador to Romania, lending more evidence to suggestions of a rift over surveillance between the intelligence community and Barack Obama’s administration.

The NSA chief was challenged by James Carew Rosapepe, who served as an ambassador under the Clinton administration, over the monitoring of the German chancellor Angela Merkel’s phone.

Rosapepe, now a Democratic state senator in Maryland, pressed Alexander to give “a national security justification” for the agency’s use of surveillance tools intended for combating terrorism against “democratically elected leaders and private businesses”.

“We all joke that everyone is spying on everyone,” he said. “But that is not a national security justification.”

Alexander replied: “That is a great question, in fact as an ambassador you have part of the answer. Because we the intelligence agencies don’t come up with the requirements. The policymakers come up with the requirements.”

He went on: “One of those groups would have been, let me think, hold on, oh: ambassadors.”

Alexander said the NSA collected information when it was asked by policy officials to discover the “leadership intentions” of foreign countries. “If you want to know leadership intentions, these are the issues,” the NSA director said.

The exchange on Thursday night drew laughs from the audience at the Baltimore Council on Foreign Relations, but did not seem to impress the former ambassador, who replied: “We generally don’t do that in democratic societies.” [Continue reading…]

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U.S. surveillance has gone too far, John Kerry admits

The Guardian reports: John Kerry, the US secretary of state, conceded on Thursday that some of the country’s surveillance activities had gone too far, saying that certain practices had occurred “on autopilot” without the knowledge of senior officials in the Obama administration.

In the most stark comments yet by a senior administration official, Kerry promised that a previously announced review of surveillance practices would be thorough and that some activities would end altogether.

“The president and I have learned of some things that have been happening in many ways on an automatic pilot, because the technology is there and the ability is there,” he told a conference in London via video link.

“In some cases, some of these actions have reached too far and we are going to try to make sure it doesn’t happen in the future.” [Continue reading…]

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Amid NSA spying revelations, tech leaders call for new restraints on agency

The Washington Post reports: Mounting revelations about the extent of NSA surveillance have alarmed technology leaders in recent days, driving a renewed push for significant legislative action from an industry that long tried to stay above the fray in Washington.

After months of merely calling for the government to be more transparent about its surveillance requests, tech leaders have begun demanding substantive new restraints on how the National Security Agency collects and uses the vast quantities of information it scoops up around the globe, much of it from the data streams of U.S. companies.

The pivot marks an aggressive new posture for an industry that often has trod carefully in Washington — devoting more attention to blunting potentially damaging actions than to pushing initiatives that might prove controversial and alienate users from its lucrative services.

Six leading technology companies — Facebook, Google, Apple, Yahoo, Microsoft and AOL — sent a letter to Senate leaders Thursday reflecting the sharpening industry strategy, praising the sponsors of a bill that would end the bulk collection of phone records of millions of Americans and create a privacy advocate to represent civil liberties interests within the secretive court that oversees the NSA. [Continue reading…]

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Congressional inaction prompts states to take up issue of privacy law

The New York Times reports: State legislatures around the country, facing growing public concern about the collection and trade of personal data, have rushed to propose a series of privacy laws, from limiting how schools can collect student data to deciding whether the police need a warrant to track cellphone locations.

Over two dozen privacy laws have passed this year in more than 10 states, in places as different as Oklahoma and California. Many lawmakers say that news reports of widespread surveillance by the National Security Agency have led to more support for the bills among constituents. And in some cases, the state lawmakers say, they have felt compelled to act because of the stalemate in Washington on legislation to strengthen privacy laws.

“Congress is obviously not interested in updating those things or protecting privacy,” said Jonathan Stickland, a Republican state representative in Texas. “If they’re not going to do it, states have to do it.”

For Internet companies, the patchwork of rules across the country means keeping a close eye on evolving laws to avoid overstepping. Many companies have an internal team to deal with state legislation. And the flurry of legislation has led some companies, particularly technology companies, to exert their lobbying muscles — with some success — when proposed measures stand to harm their bottom lines.

“It can be counterproductive to have multiple states addressing the same issue, especially with online privacy, which can be national or an international issue,” said Michael D. Hintze, chief privacy counsel at Microsoft, who added that at times it can create “burdensome compliance.” For companies, it helps that state measures are limited in their scope by a federal law that prevents states from interfering with interstate commerce.

This year, Texas passed a bill introduced by Mr. Stickland that requires warrants for email searches, while Oklahoma enacted a law meant to protect the privacy of student data. At least three states proposed measures to regulate who inherits digital data, including Facebook passwords, when a user dies. [Continue reading…]

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The military’s toxic burn pits are making soldiers sick

Katie Drummond writes: At the height of the war in Iraq, US forces operated out of 505 bases scattered across the country. Joint Base Balad, a 15-square-mile outpost north of Baghdad, was the second largest. Home to 36,000 military personnel and contractors at its peak, the base was considered a vital hub for operations throughout Iraq — largely thanks to two 11,000-foot runways and one of the best and biggest trauma centers in the region. Balad also boasted a notorious array of amenities: troops living in the makeshift mini-city could dine on Burger King or Subway, play miniature golf or relax in an air-conditioned movie theater, and browse for TVs or iPods at two different shopping centers.

But when Le Roy arrived at Balad in the summer of 2007, the first thing he noticed was the smell. A noxious, overwhelming stench reminiscent of burning rubber. “I was like, ‘Wow, that is something really bad, really really bad,’” he recalls. Soon, he also noticed the smoke: plumes of it curling into the air at all hours of the day, sometimes lingering over the base as dark, foreboding clouds. That smoke, Le Roy soon learned, was coming from the same place as the stench that had first grabbed him: Balad’s open-air burn pit.

The pit, a shallow excavation measuring a gargantuan 10 acres, was used to incinerate every single piece of refuse generated by Balad’s thousands of residents. That meant seemingly innocuous items, like food scraps or paper. But it also meant plastic, styrofoam, electronics, metal cans, rubber tires, ammunition, explosives, human feces, animal carcasses, lithium batteries, asbestos insulation, and human body parts — all of it doused in jet fuel and lit on fire. The pit wasn’t unique to Balad: open-air burn pits, operated either by servicemembers or contractors, were used to dispose of trash at bases all across Iraq and Afghanistan.

“I remember waking up with soot on me; you’d come out and barely see the sun because it was so dark from the smoke,” says Dan Meyer, a 28-year-old Air Force veteran who lived adjacent to the burn pit at Afghanistan’s Kandahar Air Base. Meyer is now confined to a wheelchair because of inoperable tumors in his knees, and breathes using an oxygen tank due to an obstructive lung disease. “It would just rain down on us. We always called it ‘black snow.’”

It’s no secret that open-air burning poses health hazards. The Environmental Protection Agency (EPA) has long warned that burning waste — even organic refuse like brush or tree branches — is dangerous. Burning items like plastic water bottles or computer parts is even worse. “It’s appalling,” says Anthony Wexler, PhD, director of the Air Quality Research Center at UC Davis and the co-author of a 2010 review of the military’s air-quality surveillance programs in Iraq and Afghanistan. “From a health perspective, this kind of open-pit burning, especially when you’re burning everything under the sun, creates a real mess.” That’s because of both the size of the particulate matter emitted from the pits and its composition. Smoke from any combustion process fills the air with what are known as “fine particles” or PM2.5. Because they’re so small — measuring 2.5 microns in diameter or less — these particles burrow more deeply into the lungs than larger airborne pollutants, and from there can leach into the bloodstream and circulate through the body. The military’s burn pits emitted particulate matter laced with heavy metals and toxins — like sulfur dioxide, arsenic, dioxins, and hydrochloric acid — that are linked to serious health ailments. Among them are chronic respiratory and cardiovascular problems, allergies, neurological conditions, several kinds of cancer, and weakened immune systems. [Continue reading…]

For more information, see Burnpits 360.

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U.S. government puts hacktivism on trial

Aarti Shahani reports: With online relationships, it’s complicated.

The billionaire founder of eBay, Pierre Omidyar, is bankrolling a new media company with reporters who have used WikiLeaks to break giant stories.

But the eBay-owned subsidiary PayPal is working with the Justice Department to prosecute a handful of WikiLeaks supporters. The defendants could serve decades in prison, and their convictions could decide if “hacktivism” is free speech or a felony offense.

On Oct. 31, 14 defendants are scheduled to walk into a federal court in San Jose, Calif. They are known as the PayPal 14, and prosecutors will ask them to plead guilty to attacking PayPal, the online payment service based in that city.

In December 2010, PayPal, Visa, Mastercard and major banks became targets of a spate of cyberattacks, but not by criminals who wanted to steal credit card numbers.

When the companies stopped processing online donations for WikiLeaks founder Julian Assange, supporters — some associated with the hacker group Anonymous — responded with a novel form of protest.

In the case of PayPal, they sent thousands of packets of data to the company’s servers at such a speed, its system nearly crashed.

“It was serious,” said PayPal spokesman Anuj Nayar, who recalled that deflecting the traffic felt like a chess game.

PayPal estimates the attacks cost $3.5 million in technology upgrades. The company gave prosecutors a list of the top 1,000 attackers. From that list, the Department of Justice indicted a handful as part of its ongoing crackdown against Anonymous.

The DOJ cannot comment on pending cases but relies on prosecution guidelines that consider how likely a person is to repeat an alleged offense. Attorney Peter Leeming, who represents one of the defendants, says the selection “seemed arbitrary to me.”

Leeming, based in Santa Cruz, Calif., has represented political protesters for decades and is developing a boutique practice around hacktivism, or online attacks that are politically or socially motivated and not driven by financial gain.

“They’re a relatively new creature,” he said. “Is demonstrating and shutting down a street any different from shutting down a line of commerce on the Internet?” [Continue reading…]

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The case for NSA reform

Sen. Patrick Leahy and Rep. Jim Sensenbrenner write: In the days and weeks following Sept. 11, 2001, we were the primary authors of the USA PATRIOT Act — legislation that responded to those attacks by enhancing the government’s ability to gather information to prevent terrorism. Some checks and balances that were proposed then were included in the final bill; others were not. The PATRIOT Act has been much debated these past 12 years, and we have not always been on the same side of those debates. But whatever our differences may have been in the past, we strongly agree that the dragnet collection of millions of Americans’ phone records every day — whether they have any connection at all to terrorism — goes far beyond what Congress envisioned or intended to authorize. More important, we agree it must stop.

Over the past five months, we have seen a slow trickle of additional disclosures that have only added to our concerns. Since the revelation that the National Security Agency is collecting the details of Americans’ phone calls on an unprecedented scale, it has come out that the government searches the content of huge troves of emails, collects in bulk the address books from email accounts and social networking sites, at least temporarily collected geolocation data from our cellphones, committed thousands of privacy violations and made substantial misrepresentations to courts and Congress.

Not only do many of these programs raise serious legal questions, they have come at a high cost to Americans’ privacy rights, business interests and standing in the international community. It is time for a new approach.

On Tuesday we will introduce bicameral, bipartisan legislation that will put an end to the National Security Agency’s indiscriminate collection of personal information. Our proposal, the USA FREEDOM Act, provides stronger privacy safeguards with respect to a range of government surveillance programs. [Continue reading…]

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Former NSA supporters join critics in calling for reform

MSNBC reports: Even as President Obama’s administration seeks to stem the growing global outrage over its eavesdropping, a movement to curb government snooping is gaining ground in Congress.

Six members of Congress who voted against the effort to defund the National Security Agency’s communications data collection program late last July will now be among the co-sponsors of surveillance reform legislation meant to rein in the NSA. The proposal would outlaw the NSA’s bulk data collection program, make the secret Foreign Intelligence Surveillance court more transparent, and place new restrictions on the government’s handling of the data it collects.

According to a Republican House aide, Reps. Duncan Hunter of California, Lee Terry of Nebraska, and Darrell Issa of California, who chairs of the House government oversight committee, will be among those co-sponsoring the legislation. On the Democratic side, Rep. Sheila Jackson Lee of Texas, Rep. Hank Johnson of Georgia, and Mike Quigley of Illinois will co-sponsor. All six voted against an amendment in late July sponsored by two Michigan congressmen, Republican Justin Amash and Democrat John Conyers, that would have defunded the NSA’s bulk data collection program. Republicans Todd Rokita of Indiana and Howard Coble of North Carolina, who abstained from the Amash-Conyers vote, will also support the surveillance reform legislation.

The Amash-Conyers amendment was defeated by only 12 votes. [Continue reading…]

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What did the president know and when did he know it?

I haven’t evolved in my assessment of the actual [surveillance] programs. I consistently have said that when I came into office I evaluated them. — President Obama, August 2013.

The Wall Street Journal reports: The National Security Agency ended a program used to spy on German Chancellor Angela Merkel and a number of other world leaders after an internal Obama administration review started this summer revealed to the White House the existence of the operation, U.S. officials said.

Officials said the internal review turned up NSA monitoring of some 35 world leaders, in the U.S. government’s first public acknowledgment that it tapped the phones of world leaders. European leaders have joined international outrage over revelations of U.S. surveillance of Ms. Merkel’s phone and of NSA’s monitoring of telephone call data in France.

The White House cut off some monitoring programs after learning of them, including the one tracking Ms. Merkel and some other world leaders, a senior U.S. official said. Other programs have been slated for termination but haven’t been phased out completely yet, officials said.

The account suggests President Barack Obama went nearly five years without knowing his own spies were bugging the phones of world leaders. Officials said the NSA has so many eavesdropping operations under way that it wouldn’t have been practical to brief him on all of them.

They added that the president was briefed on and approved of broader intelligence-collection “priorities,” but that those below him make decisions about specific intelligence targets.

The senior U.S. official said that the current practice has been for these types of surveillance decisions to be made at the agency level. “These decisions are made at NSA,” the official said. “The president doesn’t sign off on this stuff.” That protocol now is under review, the official added.

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Could Merkel have been spied on without Obama’s approval?

Der Spiegel reports: Among the politically decisive questions is whether the spying was authorized from the top: from the US president. If the data is accurate, the operation was authorized under former President George W. Bush and his NSA chief, Michael Hayden. But it would have had to be repeatedly approved, including after Obama took office and up to the present time. Is it conceivable that the NSA made the German chancellor a surveillance target without the president’s knowledge?

The White House and the US intelligence agencies periodically put together a list of priorities. Listed by country and theme, the result is a matrix of global surveillance: What are the intelligence targets in various countries? How important is this reconnaissance? The list is called the “National Intelligence Priorities Framework” and is “presidentially approved.”

One category in this list is “Leadership Intentions,” the goals and objectives of a country’s political leadership. The intentions of China’s leadership are of high interest to the US government. They are marked with a “1” on a scale of 1 to 5. Mexico and Brazil each receive a “3” in this category.

Germany appears on this list as well. The US intelligence agencies are mainly interested in the country’s economic stability and foreign policy objectives (both “3”), as well as in its advanced weapons systems and a few other sub-items, all of which are marked “4.” The “Leadership Intention” field is empty. So based on the list, it wouldn’t appear that Merkel should be monitored.

Former NSA employee Thomas Drake does not see this as a contradiction. “After the attacks of September 11, 2001, Germany became intelligence target number one in Europe,” he says. The US government did not trust Germany, because some of the Sept. 11 suicide pilots had lived in Hamburg. Evidence suggests that the NSA recorded Merkel once and then became intoxicated with success, says Drake. “It has always been the NSA’s motto to conduct as much surveillance as possible,” he adds.

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The targeting of Chancellor Angela Merkel’s cellphone

Der Spiegel reports: There are strong indications that it was the SCS [the Special Collection Service jointly operated by the NSA and CIA] that targeted Chancellor Angela Merkel’s cellphone. This is suggested by a document that apparently comes from an NSA database in which the agency records its targets. This document, which SPIEGEL has seen, is what set the cellphone scandal in motion.

The document contains Merkel’s cellphone number. An inquiry to her team revealed that it is the number the chancellor uses mainly to communicate with party members, ministers and confidants, often by text message. The number is, in the language of the NSA, a “Selector Value.” The next two fields determine the format (“raw phone number”) and the “Subscriber,” identified as “GE Chancellor Merkel.”

In the next field, labeled “Ropi,” the NSA defines who is interested in the German chancellor: It is the department S2C32. “S” stands for “Signals Intelligence Directorate,” the NSA umbrella term for signal reconnaissance. “2” is the agency’s department for procurement and evaluation. C32 is the unit responsible for Europe, the “European States Branch.” So the order apparently came down from Europe specialists in charge of signal reconnaissance.

The time stamp is noteworthy. The order was transferred to the “National Sigint Requirements List,” the list of national intelligence targets, in 2002. That was the year Germany held closely watched parliamentary elections and Merkel battled Edmund Stoiber of Bavaria’s Christian Social Union to become the conservatives’ chancellor candidate. It was also the year the Iraq crisis began heating up. The document also lists status: “A” for active. This status was apparently valid a few weeks before President Obama’s Berlin visit in June 2013.

Finally, the document defines the units tasked with implementing the order: the “Target Office of Primary Interest”: “F666E.” “F6” is the NSA’s internal name for the global surveillance unit, the “Special Collection Service.”

Thus, the NSA would have targeted Merkel’s cellphone for more than a decade, first when she was just party chair, as well as later when she’d become chancellor. The record does not indicate what form of surveillance has taken place. Were all of her conversations recorded or just connection data? Were her movements also being recorded?

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U.S. tells terror suspect it will use surveillance evidence, setting up possible legal challenge

The Washington Post reports: The Justice Department on Friday informed a terrorism suspect in Colorado that it intends to use evidence against him gathered through the government’s warrantless surveillance program, a move that will likely lead to a constitutional challenge to the law.

It is the first time the government has informed a criminal defendant that it intends to use “information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act.”

It is important because the Supreme Court last term declined to consider the constitutionality of the law amended five years ago because it said those who brought a lawsuit against it could not prove they had been subject to its provisions.

With the filing Friday, “it’s the first time since 2008 when the act was signed into law that the government has acknowledged the use of surveillance derived from the law in a criminal prosecution,” said Jameel Jaffer, deputy legal director of the American Civil Liberties Union.

Jaffer, who argued the previous case at the Supreme Court, said it was a “big deal” that “will undoubtedly set up a constitutional challenge to it.” [Continue reading…]

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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…]

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