Tag: The Patriot Act

The revelation of a federal program to “Keep America Safe” got little notice amidst the hullabaloo over the hunt for Edward Snowden. McClatchy News reported on The pervasive program created under the Obama administration to stop leaks and “security threats,” requiring “federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions.”

President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.

Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage. [..]

As part of the initiative, Obama ordered greater protection for whistleblowers who use the proper internal channels to report official waste, fraud and abuse, but that’s hardly comforting to some national security experts and current and former U.S. officials. They worry that the Insider Threat Program won’t just discourage whistleblowing but will have other grave consequences for the public’s right to know and national security.

The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.

in an unusual Sunday article at Esquire’s Politics Blog, Charles Pierce’s reacted to this program with these remarks:

(T)he Obama administration is the most fertile environment for paranoids since the Nixon people first cut a check to Egil Krogh. [..]

You want “Nixonian”? This, right here, this is Nixonian, if Nixon had grown up in East Germany. You’ve got the entire federal bureaucracy looking for signs of “high-risk persons or behaviors” the way Nixon sent Fred Malek out to count the Jews. You’ve got created within the entire federal bureaucracy a culture of spies and informers, which will inevitably breed fear and deceit and countless acts of interoffice treachery. (Don’t like your boss at the Bureau Of Land Management? Hmm, he looks like a high-risk person. Tell someone.) And this is the clincher.

   Hammer this fact home . . . leaking is tantamount to aiding the enemies of the United States,” says a June 1, 2012, Defense Department strategy for the program that was obtained by McClatchy.

And, out in Yorba Linda, there is a dark stirring deep in the earth, and a faint chuckling is heard in the midnight breeze. [..]

No, Mr. Current President, this is not business as usual. This is not even the NSA sifting through e-mails and phone calls. This is giving Big Brother a desk in every federal agency and telling him to go to work.

For nearly two years, the White House has waged a program called “Insider Threat” that forces government employees to remain on the constant lookout for their colleagues’ behavior and to report their suspicions. It targets government officials who leak any information, not just classified material. All of this leads McClatchy to warn: “The [Insider Threat] program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations.” We’re joined by the reporter who helped break the story, Jonathan Landay, senior national security and intelligence reporter for McClatchy Newspapers. Landay also discusses his reporting that revealed how drone strikes carried out in Pakistan over a four-year period ran contrary to standards set forth publicly by President Obama.

This is what a police state looks like.

Up Date: Fugitive Snowden seeks asylum in Ecuador: foreign minister

Ecuadorean Foreign Minister Ricardo Patino, visiting Vietnam, tweeted: “The Government of Ecuador has received an asylum request from Edward J. #Snowden.”

NSA whistleblower, Edward Snowden has left Hong Kong arriving in Moscow aboard a commercial flight, presumably on his way to a third country for asylum.

In a statement, WikiLeaks said the 30-year-old was heading to a democratic country “via a safe route” for asylum purposes and that the organisation was assisting at his request. Snowden had been in hiding in Hong Kong since identifying himself as the source of revelations on US surveillance programmes.

His flight from US authorities, which want to charge him with espionage, appeared set to continue with an onward flight west from Moscow to Havana on Monday. From there, various reports indicated that he would try to get to either Caracas or Quito.

The Hong Kong government said on Sunday he had left of his own accord “through a lawful and normal channel” and said the request filed by the US did not fully comply with legal requirements. Pointedly, it also said it wanted Washington to clarify Snowden’s claims that the US had hacked targets in the territory.

He was accompanied by one of Julian Assange’s closest advisers, Sarah Harrison.

On Friday, Snowden was charged with espionage under the 1917 law. He becomes the eighth whistleblower to be charged under the act by the Obama administration, which has used the charge more than any other president.

Snowden, 29, is charged with theft of government property, unauthorised communication of national defence information and wilful communication of classified communications intelligence information to an unauthorised person, according to court documents.

The head of the NSA, Gen. Keith Alexander stated that Snowden has “caused irreversible damage to US.” This coming from the man who lied to congress and has admitted publicly that the surveillance had violated the Fourth Amendment.

Have I mentioned that David Gregory is a hack and an embarrassment for NBC?

Good luck to Mr. Snowden.

To quote a phrase from a well known blogger at a formerly liberal, progressive web site:

Don’t tell me what you believe, show me what you do and I will tell you what you believe.

I give you President Barack Obama defending the Bush Administrations surveillance state.

Obama Defends Authorization of Surveillance Programs

by Peter Baker, The New York Times

“Some people say, ‘Well, you know, Obama was this raving liberal before. Now he’s, you know, Dick Cheney,’ ” Mr. Obama told Charlie Rose on his PBS interview show. “Dick Cheney sometimes says, ‘Yeah, you know, he took it all lock, stock and barrel.’ My concern has always been not that we shouldn’t do intelligence gathering to prevent terrorism, but rather, are we setting up a system of checks and balances?” [..]

Yet like Mr. Cheney, who appeared on “Fox News Sunday” over the weekend, Mr. Obama defended the effectiveness of surveillance programs in heading off threats to the United States. “The one thing people should understand about all these programs, though, is they have disrupted plots, not just here in the United States but overseas as well,” he said. He added that while other factors were at work, “we are increasing our chances of preventing a catastrophe like that through these programs.”

Partial transcript:

Keep in mind that this president employs and supports two known liars, Director of National Intelligence James Clapper and National Security Agency Director Gen. Keith B. Alexander, both of whom have continuously lied to Congress about the surveillance programs. This president has approved unchecked wiretapping something he said he would end when campaigning for office.

Mr. Obama has said he does not believe he has violated the privacy of any American but this is what he does.

So what does he believe? Certainly not the Constitution and our right to protection from illegal searches.

I haven’t said this in awhile, what digby said:

It’s astonishing that this is necessary, but apparently it is:

Click on image to enlarge.

Quite simple and to the point. Now you can support The Mind Your Own Business act by signing the petition, here.

At Crooks and Liars, Suzie Madrak points out an important fact about private government contractors, the Fourth Amendment does not apply to them:

This has been an ongoing scandal in the Iraq and Afghanistan wars. Attorney Susan L. Burke represented several groups of plaintiffs (including Abu Ghraib detainees and female soldiers who had been sexually assaulted) in lawsuits in which she tried to overturn the civil immunity of government contractors. She has not been successful, and the federal government continues to subcontract with private companies to do things that would be illegal if they did them themselves. So keep that in mind as you read these NSA stories.

She highlights an interview with 70’s whistleblower, Chris Pyle at Democracy Now, who disclosed the military’s spying on civilian politics and worked for three congressional committees to end it.

Pyle discovered the Army and CIA were spying on millions of Americans engaged in lawful political activity while he was in the Army working as an instructor. His revelations prompted Senate hearings, including Senator Frank Church’s Select Committee on Intelligence, ultimately leading to a series of laws aimed at curbing government abuses. Now teaching constitutional law and civil liberties at Mount Holyoke College, Pyle says the NSA is known for attacking its critics instead of addressing the problems they expose.

CHRISTOPHER PYLE: Yes. The forerunner of the PRISM system that Snowden disclosed was called Trailblazer. It wasted $1 billion on private contracts. It replaced a much less expensive system called ThinThread, which had more privacy protections and had been developed inside the government. Now, the reason that private contractors get this business is because members of Congress intercede with them with government agencies. And we now have a situation where members of the Intelligence Committee and other committees of Congress intercede with the bureaucracy to get sweetheart contracts for companies that waste taxpayers’ money and also violate the Constitution and the privacy of citizens. This is a very serious situation, because it means that it’s much more difficult to get effective oversight from Congress. [..]

CHRISTOPHER PYLE: Well, we all want to protect the security of the country. We all want to protect the Constitution. But when government agencies are totally unaccountable, we can’t do that. Members of Congress do not go to those briefings, even if they’re offered, because once you go to the briefing, then you can’t talk about what you’ve been told, because it’s classified. So the briefing system is designed to silence Congress, not to promote effective oversight.

Members of Congress don’t want to spend time on oversight. They’re too busy raising money. New members of the House of Representatives this winter were told by the Democratic Campaign Committee that they should spend between four and six hours a day dialing for dollars. They have no time to do the public’s business. They’re too busy begging for money. President Obama himself attended 220 fundraisers last year. Where does he get the time to be president when he’s spending so much time asking wealthy people for money to support his campaign? [..]

CHRISTOPHER PYLE: Well, it’s true. The NSA doesn’t want to hire people like you and me. We don’t know enough about the Internet. That said, it’s important to note that the vice chairman of Booz Allen happens to be Mike McConnell, who was former director of NSA and of national intelligence. There is a revolving door between high government positions and private corporations, and this revolving door allows these people to make a great deal more money upon leaving the government, and then being rented back to the government in a contractor capacity. And that’s part of the corruption of the system. [..]

CHRISTOPHER PYLE: Well, yes. The Fourth Amendment of the Constitution, which protects us from unreasonable searches and seizures, only binds the government, doesn’t bind corporations. That’s a serious problem. The reason we have privatization of prisons, in some ways, is for governments to escape liability. They put the liability on the private corporations that run the prisons, and they just charge their liabilities as an operating cost.

(All emphasis by Suzie.)

Got that? This is the key to the rational behind privatizing everything from schools and prisons to national security. Keep it in mind as you read anything about the NSA whistleblowing and Edward Snowden.

DSWright at FDL News Desk hits the nail on the head, Freedom isn’t free:

The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed.

   Thousands of technology, finance and manufacturing companies are working closely with U.S. national security agencies, providing sensitive information and in return receiving benefits that include access to classified intelligence, four people familiar with the process said.

   These programs, whose participants are known as trusted partners, extend far beyond what was revealed by Edward Snowden, a computer technician who did work for the National Security Agency. The role of private companies has come under intense scrutiny since his disclosure this month that the NSA is collecting millions of U.S. residents’ telephone records and the computer communications of foreigners from Google Inc (GOOG). and other Internet companies under court order.

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security. The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed. [..]

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security.

Quid pro quo, as well, as liability protection, all on the tax payer’s dime.

Metadata:

Simply put, metadata is data about data. It is descriptive information about a particular data set, object, or resource, including how it is formatted, and when and by whom it was collected. Although metadata most commonly refers to web resources, it can be about either physical or electronic resources.

Sounds harmless, so how bad could it be? According to mathematician and former Sun Microsystems engineer Susan Landau who was interviewed by Jane Mayer of The New Yorker, it’s worse than many might think:

“The public doesn’t understand,” she told me, speaking about so-called metadata. “It’s much more intrusive than content.” She explained that the government can learn immense amounts of proprietary information by studying “who you call, and who they call. If you can track that, you know exactly what is happening-you don’t need the content.”

For example, she said, in the world of business, a pattern of phone calls from key executives can reveal impending corporate takeovers. Personal phone calls can also reveal sensitive medical information: “You can see a call to a gynecologist, and then a call to an oncologist, and then a call to close family members.” And information from cell-phone towers can reveal the caller’s location. Metadata, she pointed out, can be so revelatory about whom reporters talk to in order to get sensitive stories that it can make more traditional tools in leak investigations, like search warrants and subpoenas, look quaint. “You can see the sources,” she said. When the F.B.I. obtains such records from news agencies, the Attorney General is required to sign off on each invasion of privacy. When the N.S.A. sweeps up millions of records a minute, it’s unclear if any such brakes are applied.

Metadata, Landau noted, can also reveal sensitive political information, showing, for instance, if opposition leaders are meeting, who is involved, where they gather, and for how long. Such data can reveal, too, who is romantically involved with whom, by tracking the locations of cell phones at night.

Ms. Landua joined Amy Goodman and Nermeen Shaikh on Democracy Now to explain just how intrusive the government’s collection of metadata is.

Like much of our government, spying has been privatized. 70% of surveillance is done by private companies that translates to $6 billion dollars with a half a million employees.

Meet the contractors analyzing your private data

by Tim Shorrock

Private companies are getting rich probing your personal information for the government. Call it Digital Blackwater

Amid the torrent of stories about the shocking new revelations about the National Security Agency, few have bothered to ask a central question. Who’s actually doing the work of analyzing all the data, metadata and personal information pouring into the agency from Verizon and nine key Internet service providers for its ever-expanding surveillance of American citizens?

Over the past decade, the U.S. intelligence community has relied increasingly on the technical expertise of private firms such as Booz Allen, SAIC, the Boeing subsidiary Narus and Northrop Grumman. About 70 percent of the national intelligence budget is now spent on the private sector. Former NSA Director Michael V. Hayden has described these firms as a quote “digital Blackwater.” We speak to Tim Shorrock, author of the book “Spies for Hire: The Secret World of Outsourced Intelligence.”

William Binney, a former top official at the National Security Agency, and Glenn Greenwald, the Guardian journalist who has broken the NSA spying stories join Amy Goodman to discuss the crucial matters facing this country over the growing power of the government to secretly collect data and information through secret courts and programs.

“The government is not trying to protect [secrets about NSA surveillance] from the terrorists,” Binney says. “It’s trying to protect knowledge of that program from the citizens of the United States.”

NSA Leak Highlights Key Role Of Private Contractors

by Jonathan Fahey and Adam Goldman

The U.S. government monitors threats to national security with the help of nearly 500,000 people like Edward Snowden – employees of private firms who have access to the government’s most sensitive secrets.

When Snowden, an employee of one of those firms, Booz Allen Hamilton, revealed details of two National Security Agency surveillance programs, he spotlighted the risks of making so many employees of private contractors a key part of the U.S. intelligence apparatus. [..]

Booz Allen, based in McLean, Va., provides consulting services, technology support and analysis to U.S. government agencies and departments. Last year, 98 percent of the company’s $5.9 billion in revenue came from U.S. government contracts. Three-fourths of its 25,000 employees hold government security clearances. Half the employees have top secret clearances.

The company has established deep ties with the government – the kinds of ties that contractors pursue and covet. Contractors stand to gain an edge on competitors by hiring people with the most closely held knowledge of the thinking inside agencies they want to serve and the best access to officials inside. That typically means former government officials.

The relationship often runs both ways: Clapper himself is a former Booz Allen executive. The firm’s vice chairman, John “Mike” McConnell, held Clapper’s position under George W. Bush.

Edward Snowdem is an American hero who is risking his life to protect our freedom from a government run amok.

The Guardian revealed that the National Security Agency seized millions of Verizon customers’ phone records through a secret court order. Then Glenn Greenwald and Ewen MacAskill exposed the top secret NSA PRISM program that program taps in to user data of Apple, Google and other US tech companies.

In 2001, Sen. Russ Feingold was the only vote in the Senate against the Patriot Act and warned us about this sort of data collection.

One provision that troubles me a great deal is a provision that permits the government under FISA to compel the production of records from any business regarding any person, if that information is sought in connection with an investigation of terrorism or espionage.

Now we’re not talking here about travel records pertaining to a terrorist suspect, which we all can see can be highly relevant to an investigation of a terrorist plot. FISA already gives the FBI the power to get airline, train, hotel, car rental and other records of a suspect.

But under this bill, the government can compel the disclosure of the personal records of anyone — perhaps someone who worked with, or lived next door to, or went to school with, or sat on an airplane with, or has been seen in the company of, or whose phone number was called by — the target of the investigation.

And under this new provisions all business records can be compelled, including those containing sensitive personal information like medical records from hospitals or doctors, or educational records, or records of what books someone has taken out of the library. This is an enormous expansion of authority, under a law that provides only minimal judicial supervision.

In a statement to the press, he said that he found the NSA report “deeply troubling”:

In 2001, I first voted against the PATRIOT Act because much of it was simply an FBI wish list that included provisions allowing our government to go on fishing expeditions that collect information on virtually anyone.

Today’s report indicates that the government could be using FISA in an indiscriminate way that does not balance our legitimate concerns of national security with the necessity to preserve our fundamental civil rights. This is deeply troubling.  I hope today’s news will renew a serious conversation about how to protect the country while ensuring that the rights of law-abiding Americans are not violated.

After the passage the amended FISA in 2008, Sen. Feingold appeared on MSNBC’s The Rachel Maddow Show, discussing the vote that retroactively legalized warrantless wiretapping by the Bush administration.

This is the law that President Obama used to legally collect all the phone records and access the servers of nine US tech companies. It is well past time that it needs to be “fixed.”

American freedom is on the line:

A few months before he was first elected president in 2008, Barack Obama made a calculation that dismayed many of his ardent supporters but which he judged essential to maintain his drive to the White House. By backing President Bush’s bill granting the US government wide new surveillance powers – including legal immunity for telecoms companies which had co-operated with the Bush administration’s post-9/11 programme of wiretapping without warrants – Mr Obama stepped back from an issue that had initially helped to define his candidacy but was now judged to threaten his national security credentials. It was a big call. Even so, it seems unlikely that either supporters or critics, or even Mr Obama himself, ever believed that five years later a re-elected President Obama would oversee an administration that stands accused of routinely snooping into the phone records of millions of Americans.

Yet that is the situation at the heart of the Guardian’s exclusive story this week that America’s immense National Security Agency is doing just this on Mr Obama’s watch. [..]

Few Americans believe that they live in a police state; indeed many would be outraged at the suggestion. Yet the everyday fact that the police have the right to monitor the communications of all its citizens – in secret – is a classic hallmark of a state that fears freedom as well as championing it. Ironically, the Guardian’s revelations were published 69 years to the day since US and British soldiers launched the D-day invasion of Europe. The young Americans who fought their way up the Normandy beaches rightly believed they were helping free the world from a tyranny. They did not think that they were making it safe for their own rulers to take such sweeping powers as these over their descendants.

So much for electing a constitution scholar as president.