Tag: police state

NSA whistleblower Edward Snowden’s words were entered as testimony at the European Parliament’s Civil Liberties Committee in Brussels on Monday.

Jesselyn Radack of the US Government Accountability Project (GAP) and a former whistleblower and ethics adviser to the US Department of Justice, read Snowden’s statement into the record.

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

Transcript can be read here.

In Shakespeare’s “Henry VI,” the character Dick the Butcher, a follower of the rebel Jack Cade, uttered the words, “The first thing we do, let’s kill all the lawyers.” If taken in the context of the play, the line, intended as a comedic aside, was actually a compliment to those lawyers who upheld the laws and protected society. Those words have taken on different meaning over the years and are now often used in reference to those lawyers who have twisted the laws to protect the corrupt and dishonest and, often as not, defend illegal wars and torture, as well as, circumvent the US Constitution. It has often been rephrased, as the title of this article, to fit a narrative, as in the case of “reforming” the NSA, “the first thing we do, is fire all the liars.”

Leading First Amendment lawyer, James Goodale, is the former general council to the New York Times and was the driving force behind the NYT‘s decision to publish the Pentagon Papers in 1971. He was instrumental in the winning strategy that resulted in the 6 – 3 Supreme Court ruling that the US government could not stop the Times from publishing the documents. In his opinion piece at The Guardian on the proposed reforming of the NSA, Prof. Goodale noted that President Barack Obama’s first concern should be to fire all the liars, starting with the Director of National Intelligence, James R Clapper and  General Keith Alexander, director of the National Security Agency, among others who have both blatantly lied to Congress.

NSA lawyers lied to secret Fisa court Judges John D Bates and Reggie B Walton. In recently released opinions, Bates said he had been lied to on three separate occasions and Walton said he had been lied to several times also.

But Clapper and Alexander have not been held in contempt of Congress. Nor have the Justice Department attorneys, who lied to Judges Walton and Bates, been disciplined. Part of the answer as to why this is so came out last week.

The Justice Department told USA Today that it had no intention of investigating the attorneys who lied to those judges. In the ordinary course, the Justice Department’s office of professional responsibility investigates the behavior of lawyers who have been subject to accusations such as those made by Judges Bates and Walton.

(emphasis mine)

You read that correctly, the Obama DOJ has no intention of investigating the attorneys who lied to Judges Bates and Walton

The Justice Department’s Office of Professional Responsibility routinely probes judges’ allegations that the department’s lawyers may have violated ethics rules that prohibit attorneys from misleading courts. Still, OPR said in response to a Freedom of Information Act request by USA TODAY that it had no record of ever having investigated – or even being made aware of – the scathing and, at the time, classified, critiques from the Foreign Intelligence Surveillance Court between 2009 and 2011.

Prof. Goodall also calls Pres. Obama’s statement in his August 9, 2013 address on the NSA that he would appoint experts to examine NSA practices, “reasonable” but points out that it doesn’t appear to be going anywhere:

Robert Atkinson, the president of the Information Technology and Innovation Foundation and an attendee, told the Guardian the he “did not hear much discussion” of changes to the bulk surveillance activities.

“My fear is it’s a simulacrum of meaningful reform,” said Sascha Meinrath, a vice president of the New America Foundation, an influential Washington think tank, and the director of the Open Technology Institute, who also attended. “Its function is to bleed off pressure, without getting to the meaningful reform.”

It’s pretty predictable that there will be no meaningful reform coming from a committee comprised of intelligence insiders, former White House officials and Obama advisers.

Michael Morell, a former deputy CIA director, is a member, as is Richard Clarke, a White House counter-terrorism aide to three presidents. Cass Sunstein, a former White House regulatory staffer who is married to the new US ambassador to the United Nations; Geoffrey Stone, a University of Chicago law professor; and Peter Swire, a Georgia Tech professor and former aide to Obama and Bill Clinton, round out the panel.

Over at emptywheel, Marcy Wheeler pointed out a detail that Prof. Goodale missed:

In just its third open hearing this year, the Senate Intelligence Committee has arranged the following witnesses for tomorrow’s hearing on NSA’s spying.

   Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) and Vice Chairman Saxby Chambliss (R-Ga.) today announced the committee will hold an open hearing to consider legislative changes to the Foreign Intelligence Surveillance Act, to include the NSA call records program, on Thursday, September 26, at 2 p.m.

   WHAT:  Public hearing on FISA, NSA call records

   WHO:

   Panel I

       Director of National Intelligence James Clapper

       National Security AgencyDirector General Keith Alexander

       Deputy Attorney General James Cole

   Panel II

       Ben Wittes, Brookings Institution

       Tim Edgar, Watson Institute for International Studies, Brown University

So DiFi’s idea of an “open hearing” is to invite two established liars. And for her non-governmental witnesses, one keeps declaring Congress NAKED! in the face of evidence the government lies to them, and the other tells fanciful stories about how much data NSA shares.

It’s like DiFi goes out of her way to find liars and their apologists to testify publicly. [..]

It’s DiFi’s committee. And if she wants every single open hearing to serve as a platform for accomplished liars, I guess that’s her prerogative.

But observers should be clear that’s the purpose of the hearings.

As Prof Goodale concludes, the culture of lying to the public and courts by the US intelligence community is nothing new but it lies with President Obama to force the NSA to change. The best place for that change would be to fire the liars, Clapper and Alexander. So far, it appears the president is not much interested in that solution.

In a joint report by The Guardian, the New York Times, and ProPublica, courtesy of the documents leaked by Edward Snowden, it was revealed how the NSA and British GCHQ broke encryption to unlock unlock encryption used to protect emails, banking and medical records. The detailed article describes how the program, called “Bulrun,” foils the safeguards of our internet privacy:

The agency, according to the documents and interviews with industry officials, deployed custom-built, superfast computers to break codes, and began collaborating with technology companies in the United States and abroad to build entry points into their products. The documents do not identify which companies have participated.

The N.S.A. hacked into target computers to snare messages before they were encrypted. In some cases, companies say they were coerced by the government into handing over their master encryption keys or building in a back door. And the agency used its influence as the world’s most experienced code maker to covertly introduce weaknesses into the encryption standards followed by hardware and software developers around the world.

A cryptographer and research professor at Johns Hopkins University, Michael Green summerizes some of the “bad things” that the NSA and GCHQ have been doing with the joint cost of $250 million per year:

   (1.) Tampering with national standards (NIST is specifically mentioned) to promote weak, or otherwise vulnerable cryptography.

   (2.) Influencing standards committees to weaken protocols.

   (3.) Working with hardware and software vendors to weaken encryption and random number generators.

   (4.) Attacking the encryption used by ‘the next generation of 4G phones‘.

   (5.) Obtaining cleartext access to ‘a major internet peer-to-peer voice and text communications system’ (Skype?)

   (6.) Identifying and cracking vulnerable keys.

   (7.) Establishing a Human Intelligence division to infiltrate the global telecommunications industry.

   (8.) And worst of all (to me): somehow decrypting SSL connections.

Columnist on civil liberties and U.S. national security issues for The Guardian, Glenn Greenwald discussed this latest revelation with Amy Goodman and Juan González of DemocracyNow!.

“It’s what lets you enter your credit card number, check your banking records, buy and sell things online, get your medical tests online, engage in private communications. It’s what protects the sanctity of the Internet.” [..]

“The entire system is now being compromised by the NSA and their British counterpart, the GCHQ,” Greenwald says. “Systematic efforts to ensure that there is no form of human commerce, human electronic communication, that is ever invulnerable to their prying eyes.”

Security technologist and a fellow at the Berkman Center for Internet and Society at Harvard Law School, Bruce Schneiner said, in an article at The Guardian, that the public has been betrayed by the US government and that the NSA has undermined the social contract with the public. He proposes that since it was engineers who built the internet, it is time that they “fix it”.

One, we should expose. If you do not have a security clearance, and if you have not received a National Security Letter, you are not bound by a federal confidentially requirements or a gag order. If you have been contacted by the NSA to subvert a product or protocol, you need to come forward with your story. Your employer obligations don’t cover illegal or unethical activity. If you work with classified data and are truly brave, expose what you know. We need whistleblowers. [..]

Two, we can design. We need to figure out how to re-engineer the internet to prevent this kind of wholesale spying. We need new techniques to prevent communications intermediaries from leaking private information.

We can make surveillance expensive again. In particular, we need open protocols, open implementations, open systems – these will be harder for the NSA to subvert.

Prof. Schneiner also offers a guide to staying secure and gives five piece of advice:

1) Hide in the network. Implement hidden services. Use Tor to anonymize yourself. Yes, the NSA targets Tor users, but it’s work for them. The less obvious you are, the safer you are.

2) Encrypt your communications. Use TLS. Use IPsec. Again, while it’s true that the NSA targets encrypted connections – and it may have explicit exploits against these protocols – you’re much better protected than if you communicate in the clear.

3) Assume that while your computer can be compromised, it would take work and risk on the part of the NSA – so it probably isn’t. If you have something really important, use an air gap. Since I started working with the Snowden documents, I bought a new computer that has never been connected to the internet. If I want to transfer a file, I encrypt the file on the secure computer and walk it over to my internet computer, using a USB stick. To decrypt something, I reverse the process. This might not be bulletproof, but it’s pretty good.

4) Be suspicious of commercial encryption software, especially from large vendors. My guess is that most encryption products from large US companies have NSA-friendly back doors, and many foreign ones probably do as well. It’s prudent to assume that foreign products also have foreign-installed backdoors. Closed-source software is easier for the NSA to backdoor than open-source software. Systems relying on master secrets are vulnerable to the NSA, through either legal or more clandestine means.

5) Try to use public-domain encryption that has to be compatible with other implementations. For example, it’s harder for the NSA to backdoor TLS than BitLocker, because any vendor’s TLS has to be compatible with every other vendor’s TLS, while BitLocker only has to be compatible with itself, giving the NSA a lot more freedom to make changes. And because BitLocker is proprietary, it’s far less likely those changes will be discovered. Prefer symmetric cryptography over public-key cryptography. Prefer conventional discrete-log-based systems over elliptic-curve systems; the latter have constants that the NSA influences when they can.

These are some of the programs he has been using: GPG, Silent Circle, Tails, OTR, TrueCrypt, BleachBit and Password Safe. He also advises the use of a Linux operating system.

During his stop over in Stockholm, Sweden on the way to the G-20, President Barack Obama renewed his defense of unfettered surveillance

“I can give assurances to the publics in Europe and around the world that we’re not going around snooping at people’s emails or listening to their phone calls,” Obama said in response to a Swedish reporter’s question during a news conference with Prime Minister Fredrik Reinfeldt as he began a whirlwind, 24-hour trip to Sweden. “What we try to do is to target very specifically areas of concern.”

Still, the president acknowledged that questions about privacy were likely to trail him in Europe – a continent that is protective of privacy rights – for some time. The issue also bubbled up during his trip to Germany in June, shortly after newspapers published reports based on documents leaked by former government contractor Edward Snowden.

Despite Obama’s assertions of a more narrow-scope effort, the Snowden-leaked documents show the NSA collects and stores all kinds of data traveling through the Internet, including emails, video chats and instant messages. Under one such classified program, known as Prism, the government can obtain secret court orders and gather mass amounts of data from major Internet companies such as Google, Apple, Microsoft and Facebook.

The ACLU is challenging the constitutionality of the intelligence agency’s action filing a complaint in the Southern District of New York against James Clapper in June. An up date on that lawsuit was posted today on their web site. (please note that the link contains an interesting but really annoying gif).

An impressive array of organizations and individuals filed amicus briefs yesterday in support of the ACLU’s constitutional challenge to the government’s collection of the call records of virtually everyone in the United States. The range of voices joining the protest against mass government surveillance-not to mention the bipartisan storm that has swept Congress since the recent NSA disclosures – is a real testament to the fact that the government’s dragnet surveillance practices are offensive to Americans from across the political spectrum.

Among the groups supporting our lawsuit are the National Rifle Association, the Reporters Committee for Freedom of the Press, and the PEN American Center. Philosophy Professor Michael Lynch submitted a brief arguing that privacy is fundamental to human dignity. Our friends at the Electronic Frontier Foundation submitted a brief on behalf of Rep. Jim Sensenbrenner (R-Wis.), one of the authors of the Patriot Act. Rep. Sensenbrenner has decried the now-public call-records program as outside the scope of the law he authored.

Yes, you’re reading that right, the NRA and Rep. Sensenbrenner.

NSA surveillance: National Rifle Association backs ACLU challenge

by Ewen MacAskill, The Guardian

Anger at US government’s data trawling creates unlikely alliance in court between NRA and American Civil Liberties Union

The NRA, in an amicus brief in support of the ACLU, argues that the mass surveillance programme provides “the government not only with the means of identifying members and others who communicate with the NRA and other advocacy groups, but also with the means of identifying gun owners without their knowledge or consent”.

EFF Files Brief on Behalf of Rep. Sensenbrenner in NSA Spying Case

Press release from Electronic Freedom Foundation

Original Patriot Act Author Says Call-Data Collection Exceeds Congressional Intent

San Francisco – The Electronic Frontier Foundation (EFF) today filed a brief on behalf of Rep. Jim Sensenbrenner (R-WI), the author of the original USA PATRIOT Act, in a case brought by the American Civil Liberties Union (ACLU) against the National Security Agency (NSA). In the brief, Sensenbrenner argues that Congress never intended the Patriot Act to permit the NSA’s collection of the records of every telephone call made to, from and within the United States. Sensenbrenner urges the court to deny the NSA’s motion to dismiss and grant the ACLU’s motion for a preliminary injunction, which would halt the program until the case is decided.

In another development today, hundreds of pages from NSA spying documents are to be released in response to an FOIA request by EFF:

In a major victory in one of EFF’s Freedom of Information Act (FOIA) lawsuits, the Justice Department conceded yesterday that it will release hundreds of pages of documents, including FISA court opinions, related to the government’s secret interpretation of Section 215 of the Patriot Act, the law the NSA has relied upon for years to mass collect the phone records of millions of innocent Americans. [..]

While the government finally released a white paper detailing its expansive (and unconstitutional) interpretation of Section 215 last month, more important FISA court opinions adopting at least part of that interpretation have remained secret. The results of EFF’s FOIA lawsuit will finally lift the veil on the dubious legal underpinnings of NSA’s domestic phone surveillance program.

This victory for EFF comes on the heels of another FOIA success two weeks ago, when the Justice Department was also forced to release a 2011 FISA court opinion ruling some NSA surveillance unconstitutional.

Now to that gif. It is visualization demonstrating the staggering scope of the NSA’s surveillance. Click on the image to view.

In the midst of the angst of the debate over Obama bombing Syria, a front page article in Monday’s New York Times has revealed a new surveillance scandal involving a little known deal between the Drug Enforcement Agency (DEA) and AT&T called the Hemisphere Project. That deal gives the DEA access to 26 years of its phone records:

Unlike the controversial call record accesses obtained by the NSA, the data is stored by AT&T, not the government, but officials can access individual’s phone records within an hour of an administrative subpoena.

AT&T receives payment from the government in order to sit its employees alongside drug units to aid with access to the data.

The AT&T database includes every phone call which passes through the carrier’s infrastructure, not just those made by AT&T customers.

Details of the program – which was marked as law enforcement sensitive, but not classified – were released in a series of slides to an activist, Drew Hendricks, in response to freedom of information requests, and then passed to reporters at the New York Times.

Officials were instructed to take elaborate steps to ensure the secrecy of the Hemisphere program, a task described as a “formidable challenge” in the slide deck, which detailed the steps agencies had taken to “try and keep the program under the radar”.

The NYT‘s national security reporter, Scott Shane joined Democracy Now!‘s Amy Goodman to discuss the Hemisphere Project and it’s impact.

It was announced last week that The Guardian and The New York Times had formed a partnership to report on the documents the were leaked by Edward Snowden in relationship to the involvement of the UK’s GCHQ. The arrangement came after the British government demanded that The Guardian hand over the NSA files in their possession. Instead, The Guardian choose to destroy the records that were in their UK offices.

Journalists in America are protected by the first amendment which guarantees free speech and in practice prevents the state seeking pre-publication injunctions or “prior restraint”.

It is intended that the collaboration with the New York Times will allow the Guardian to continue exposing mass surveillance by putting the Snowden documents on GCHQ beyond government reach. Snowden is aware of the arrangement.

The collaboration echoes that of the partnership forged in 2010 between the Guardian, the New York Times and Der Spiegel in relation to WikiLeaks’s release of US military and diplomatic documents.

In a more quiet arrangement, ProPublica, a unique nonprofit investigative reporting group of former journalists, has also partnered with The Guardian but it is not yet known on they will focus. ProPublica has won two Pulitzer Prizes for its reporting on national and investigative reporting.

Charles Pierce, at Esquire’s Politics Blog has been following the NSA story and the unique poutrage over Snowden and The Guardian‘s journalist Glenn Greenwald that ignited a laughable mini blog war. He offered a couple of amusingly precise observations on the Snowden effect:

The current state of play seems to be centered on the new family fun game, How Much Of A Dick Is Glenn Greenwald Anyway? I decline to play. It is a stupid, wasteful exercise because, frankly, the vessel doesn’t matter to me. The information that it carries is the only thing that matters. What has Edward Snowden, International Man Of Luggage, revealed that isn’t true? I don’t want to hear that we all knew it already. I don’t want quibbling about how the data sweeps work, and how they might not be as horrible as they’re being made out to be because I don’t trust the people making that argument. I don’t to hear about how the fudging of the details of David Miranda’s arrest somehow lessens the credibility of what we now know. I don’t want to hear how it may have inconvenienced our all-too-human-mistake-prone heroes in the NSA, who are they all, all honorable men. What do we know now because of the revelations that is not true? The fact remains that we do not know any of this without Snowden’s revelations to Greenwald and, thereby, to the world. The national conversation is not even happening. The NSA is not owning up to its all-too-human mistakes. The FISA Court isn’t retroactively flexing to prove it isn’t the intelligence community’s poodle. The authoritarian impulse has not even been given the brief pause we currently enjoy. None of this happens without Snowden and Greenwald and, as a citizen, I could care less that people think Glenn Greenwald is full of himself. Don’t invite him to dinner.

Charles then jogs the memories of those who care to have forgotten how Iran/Contra began:

For the benefit of anyone for whom reading is perhaps not fundamental, Glenn Greenwald’s personality, and the peripatetic globe-trotting of Edward Snowden, are not the story here. If you decide to make them the story, then you are taking yourself off the real story, and that’s your fault, not Greenwald’s or Snowden’s. Unless, of course, you think the Times, and now ProPublica, are acting the way Lyndon LaRouche’s people did. I remind folks who get caught up in the vessel and miss what’s inside that, on November 3, 1986, there was an oddball story in an obscure Lebanese weekly newspaper called al-Shiraa about arms transfers in the Middle East. This story was flatly denied by everyone in this country — including President Ronald Reagan — and al Shiraa was treated as though it was being put out by two guys with a mimeograph machine in their mother’s basement. This, boys and girls, was how the Iran-Contra scandal began. The government “hit back.” It didn’t matter. The story remained the story. And, it could be argued, the country never really caught up with what al Shiraa reported.

The country and the world have Snowden and Greenwald to thank for holding the current administration to its promise of transparency, their personal lives and beliefs are irrelevant.  

The Electronic Freedom Foundation has won a victory in its fight with the government in federal court to release a FISA court ruling that found the NSA in violation of the Fourth Amendment, illegally collecting e-mails of tens of thousands of Americans.

NSA illegally collected thousands of emails before Fisa court halted program

by Spencer Ackerman, The Guardian

Declassified court ruling from 2011 found government ‘disclosed substantial misrepresentation’ of data collection program

In his 86-page opinion, declassified on Wednesday, Judge John Bates wrote that the government informed the court that the “volume and nature of the information it has been collecting is fundamentally different from what the court had been led to believe”.

The ruling is one of three documents released in response to a Freedom of Information Act request by the Electronic Frontier Foundation, and comes amid growing public and congressional concern over the scope of NSA surveillance programs. [..]

Wholly domestic communications are banned from the NSA’s collection under section 702 of the 2008 Fisa Amendments Act. An NSA document leaked by whistleblower Edward Snowden and published by the Guardian on August 9 referred to an October 2011 change in the rules, by which the NSA must purge data it improperly collected but that said the NSA could still search its so-called “702” databases for “certain US person names and identifiers,” though not until an “effective oversight process” was implemented.

Senator Ron Wyden, a member of the intelligence committee, refers to the NSA’s still-current authorities to query those databases for US person information as a “backdoor search” loophole.

“The ruling states that the NSA has knowingly acquired tens of thousands of wholly domestic communications under section 702 of the Foreign Intelligence Surveillance Act, even though this law was specifically written to prohibit the warrantless acquisition of wholly domestic communications,” Wyden said.

“The FISA Court has noted that this collection violates the spirit of the law, but the government has failed to address this concern in the two years since this ruling was issued. This ruling makes it clear that FISA Section 702, as written, is insufficient to adequately protect the civil liberties and privacy rights of law-abiding Americans and should be reformed.”

Anchor and managing editor for “Dan Rather Reports” on AXS-TV, Dan Rather joined Rachel Maddow to talk about the abuse of power and general bungling undermines the credibility of the US and calls into question how the “war on terror’ has been conducted over the last 12 years since 9/11.

The NSA has “built a surveillance network that covers more Americans’ Internet communications than officials have publicly disclosed, current and former officials say. The system has the capacity to reach roughly 75% of all U.S. Internet traffic in the hunt for foreign intelligence, including a wide array of communications by foreigners and Americans.”

In her opening segment on her show, Rachel Maddow took the US and Great Britain to task for harassing journalists like Laura Poitras and Glenn Greenwald’s partner, David Miranda.

Apparently, when Rachel went on the air she was not aware of this latest development.

UK Authorities Destroy Guardian’s Hard Drives, Force Journalists to Report NSA Stories In Exile

by Trevor Timm, Freedom of the Press Foundation

Fresh off the news that UK authorities detained the partner of Guardian journalist Glenn Greenwald for nine hours yesterday, Guardian editor-in-chief Alan Rusbridger has published [an extraordinary report http://www.theguardian.com/com… of government pressure and intimidation that should send chills down the spine of anyone who cares about a free press.

Rusbridger, who up until recently was based in the UK, recounts being approached by UK government officials multiple times and threatened with legal action unless he returned or destroyed the Edward Snowden documents the Guardian had in its possession. Officials from GCHQ, Britain’s NSA counterpart, eventually entered Guardian headquarters and destroyed the hard drives that contained copies of the Snowden documents.

David Miranda, schedule 7 and the danger that all reporters now face

by Alan Rusbridger, The Guardian

As the events in a Heathrow transit lounge – and the Guardian offices – have shown, the threat to journalism is real and growing

During one of these meetings I asked directly whether the government would move to close down the Guardian’s reporting through a legal route – by going to court to force the surrender of the material on which we were working. The official confirmed that, in the absence of handover or destruction, this was indeed the government’s intention. Prior restraint, near impossible in the US, was now explicitly and imminently on the table in the UK. But my experience over WikiLeaks – the thumb drive and the first amendment – had already prepared me for this moment. I explained to the man from Whitehall about the nature of international collaborations and the way in which, these days, media organisations could take advantage of the most permissive legal environments. Bluntly, we did not have to do our reporting from London. Already most of the NSA stories were being reported and edited out of New York. And had it occurred to him that Greenwald lived in Brazil?

The man was unmoved. And so one of the more bizarre moments in the Guardian’s long history occurred – with two GCHQ security experts overseeing the destruction of hard drives in the Guardian’s basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. “We can call off the black helicopters,” joked one as we swept up the remains of a MacBook Pro.

Whitehall was satisfied, but it felt like a peculiarly pointless piece of symbolism that understood nothing about the digital age. We will continue to do patient, painstaking reporting on the Snowden documents, we just won’t do it in London. The seizure of Miranda’s laptop, phones, hard drives and camera will similarly have no effect on Greenwald’s work.

The state that is building such a formidable apparatus of surveillance will do its best to prevent journalists from reporting on it. Most journalists can see that. But I wonder how many have truly understood the absolute threat to journalism implicit in the idea of total surveillance, when or if it comes – and, increasingly, it looks like “when”.

I wonder if the White House was given a “head’s up” on this action.  

In another assault on the freedom of the press and a naked attempt at intimidation, journalist Glenn Greenwald’s Brazilian partner, David Miranda was detained at Heathrow Airport and questioned for nine hours under Great Britain’s Terrorism Act:

David Miranda, who lives with Glenn Greenwald, was returning from a trip to Berlin when he was stopped by officers at 8.05am and informed that he was to be questioned under schedule 7 of the Terrorism Act 2000. The controversial law, which applies only at airports, ports and border areas, allows officers to stop, search, question and detain individuals.

The 28-year-old was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual. According to official figures, most examinations under schedule 7 – over 97% – last less than an hour, and only one in 2,000 people detained are kept for more than six hours (pdf).

Miranda was released, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles. [..]

While in Berlin, Miranda had visited Laura Poitras, the US film-maker who has also been working on the Snowden files with Greenwald and the Guardian. The Guardian paid for Miranda’s flights.

This was the reaction of Widney Brown, Amnesty International’s senior director of international law and policy:

“It is utterly improbable that David Michael Miranda, a Brazilian national transiting through London, was detained at random, given the role his partner has played in revealing the truth about the unlawful nature of NSA surveillance.

“David’s detention was unlawful and inexcusable. He was detained under a law that violates any principle of fairness and his detention shows how the law can be abused for petty, vindictive reasons.

“There is simply no basis for believing that David Michael Miranda presents any threat whatsoever to the UK government. The only possible intent behind this detention was to harass him and his partner, Guardian journalist Glenn Greenwald, for his role in analysing the data released by Edward Snowden.”

Of course the White House denies ordering the detention or the confiscation of Mr. Miranda’s property, but considering the lies that have been told and the use of “national security” as a reason to cover up the lies and crimes of two administrations, there is certainly good reason to question the veracity of any statements from the White House. Deputy Press Secretary Josh Earnest admitted that the White House was notified in advance of the action.

The detention has caused some outrage in Britain with  condemnation and calls for an explanation from the police of why Mr. Miranda was held under the anti-terroism law since there was no little evidence that he was involved in, or connected to terrorism.

Keith Vaz (chairman of the Home Affairs Select Committee) called the detention of Miranda “extraordinary” and said he would be writing immediately to police to request information about why Miranda was held under anti-terrorism laws when there appeared to be little evidence that he was involved in terrorism. [..]

“It is an extraordinary twist to a very complicated story,” Vaz told BBC Radio 4’s Today programme on Monday. “Of course it is right that the police and security services should question people if they have concerns or the basis of any concerns about what they are doing in the United Kingdom. What needs to happen pretty rapidly is we need to establish the full facts – now you have a complaint from Mr Greenwald and the Brazilian government. They indeed have said they are concerned at the use of terrorism legislation for something that does not appear to relate to terrorism, so it needs to be clarified, and clarified quickly.”

Vaz said he was not aware that personal property could be confiscated under the laws. “What is extraordinary is they knew he was the partner [of Greenwald] and therefore it is clear not only people who are directly involved are being sought but also the partners of those involved,” he said. “Bearing in mind it is a new use of terrorism legislation to detain someone in these circumstances […] I’m certainly interested in knowing, so I will write to the police to ask for the justification of the use of terrorism legislation – they may have a perfectly reasonable explanation. But if we are going to use the act in this way … then at least we need to know so everyone is prepared.”

The British anti-terrorist legislation watchdog, David Anderson QC, also called for an explanation from called on the Home Office and Metropolitan police over what is being called a “gross misuse” of the terror law.:

The intervention by Anderson came as the shadow home secretary, Yvette Cooper, called for an urgent investigation into the use of schedule 7 of the Terrorism Act 2000 to detain Miranda. Cooper said ministers must find out whether anti-terror laws had been misused after detention caused “considerable consternation”.

Cooper said public support for schedule 7 of the Terrorism Act could be undermined if there was a perception it was not being used for the right purposes. “Any suggestion that terror powers are being misused must be investigated and clarified urgently,” she said. “The public support for these powers must not be endangered by a perception of misuse.

Laura Poitras, with whom Mr. Miranda was visiting in Berlin and whose work usually involves sensitive national security issues, had recently relocated to Berlin, Germany because of the harassment at US airports.

Glenn Greenwald called the detention of his partner a failed attempt at intimidation:

This is obviously a rather profound escalation of their attacks on the news-gathering process and journalism. It’s bad enough to prosecute and imprison sources. It’s worse still to imprison journalists who report the truth. But to start detaining the family members and loved ones of journalists is simply despotic. Even the Mafia had ethical rules against targeting the family members of people they felt threatened by. But the UK puppets and their owners in the US national security state obviously are unconstrained by even those minimal scruples.

If the UK and US governments believe that tactics like this are going to deter or intimidate us in any way from continuing to report aggressively on what these documents reveal, they are beyond deluded. If anything, it will have only the opposite effect: to embolden us even further. Beyond that, every time the US and UK governments show their true character to the world – when they prevent the Bolivian President’s plane from flying safely home, when they threaten journalists with prosecution, when they engage in behavior like what they did today – all they do is helpfully underscore why it’s so dangerous to allow them to exercise vast, unchecked spying power in the dark.

The press and the supporters of police state tactic of the US and Britain focused on the individuals involved completely miss the heart of this matter, the world wide freedom of the press, the free flow of information and the rights of people’s property and privacy. They are missing the forest for the trees.

With each recent revelation about the NSA’s spying programs government officials have tried to reassure the American people that all three branches of government-the Executive branch, the Judiciary branch, and the Congress-knowingly approved these programs and exercised rigorous oversight over them. President Obama recited this talking point just last week, saying: “as President, I’ve taken steps to make sure they have strong oversight by all three branches of government and clear safeguards to prevent abuse and protect the rights of the American people.”  With these three pillars of oversight in place, the argument goes, how could the activities possibly be illegal or invasive of our privacy?

Today, the Washington Post confirmed that two of those oversight pillars-the Executive branch and the court overseeing the spying, the Foreign Intelligence Surveillance Court (FISA court )- don’t really exist. The third pillar came down slowly over the last few weeks, with Congressional revelations about the limitations on its oversight, including what Representative Sensennbrenner called “rope a dope” classified briefings. With this, the house of government trust has fallen, and it’s time to act.

(T)he latest report from the Washington Post based on leaked documents shows that an audit of the NSA’s activities shows it broke privacy rules, mostly to spy on Americans, thousands of times per year:

   The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.

   Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by law and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.

The audit info comes from Ed Snowden’s leaks, so it seems rather incredible that President Obama, Keith Alexander and Mike Rogers didn’t seem to realize that this audit would eventually come to light, showing that they were flat out 100% lying to the American public.

The chief judge of FISC, Reggie Walton, who has reacted angrily in the past to the claims of FISC being a “rubber stamp”, has now admitted that the FISC really can’t check on what the NSA is doing and relies on what they tell him to make sure that they’re not breaking the law.

   “The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.”

That’s not quite true. You see, with “any other court” when it comes to “enforcing compliance” things aren’t all hidden away from everyone, so there is scrutiny to make sure that there’s compliance. Not here.

Either way, this again shows just how laughable President Obama’s claims are about the FISC’s oversight abilities:

   “We also have federal judges that we’ve put in place who are not subject to political pressure,” Obama said at a news conference in June. “They’ve got lifetime tenure as federal judges, and they’re empowered to look over our shoulder at the executive branch to make sure that these programs aren’t being abused.”

Not quite. Now we know that they rely on the NSA to tell the judges what they might see if they were looking over their shoulders… and the NSA isn’t entirely truthful to FISC about that.

The latest revelation that the House Intelligence Committee withheld surveillance information from Congress before a critical vote to renew the Patriot Act has resulted in pressure from both side of the aisle and government watch dogs on committee chair Mike Rogers (R-MI). The demand is for an explanation of why a document that prepared by the justice department and intelligence community was not shared by the panel’s leadership. From Spencer Ackerman at The Guardian:

The accusations broaden the focus of the surveillance controversy from the National Security Agency to one of the congressional committees charged with exercising oversight of it – and the panel’s closeness to the NSA it is supposed to oversee.

(Michigan Republican Justin) Amash told the Guardian on Monday that he had confirmed with the House intelligence committee that the committee did not make non-committee members aware of the classified overview from 2011 of the bulk phone records collection program first revealed by the Guardian thanks to whistleblower Edward Snowden. The document was expressly designed to be shared with legislators who did not serve on the panel; it appears that a corresponding document for the Senate in 2011 was made available to all senators.

“Nobody I’ve spoken to in my legislative class remembers seeing any such document,” Amash said.

Amash speculated that the House intelligence committee withheld the document in order to ensure the Patriot Act would win congressional reauthorization, as it ultimately did.

On Monday, a former senate staffer Jennifer Hoelzer, who was deputy chief of staff for Sen. Ron Wyden (D-OR), spoke with Amy Goodman of Democracy Now! on President Barack Obama’s proposed changes to reform the government’s surveillance policies and programs.

“Unfortunately Edward Snowden was the only means by which we have been able to have this debate,” Hoelzer says. “We, working for Senator Wyden, did everything to try to encourage the administration to bring these facts to light. We’re not talking about sources and methods, we’re not talking about sensitive materials, we’re talking about what they believed the law allows them to do.”

As Spencer Ackerman points out in his article, both Chairman Rogers and his ranking Democratic counterpart, Dutch Ruppersberger of Maryland, are “staunch advocates of the NSA bulk surveillance programs.”

This is the government’s definition of “oversight.”