Quotulatiousness

March 20, 2013

Barack’s secret spying club

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:23

In Reason, Jacob Sullum explains why the ruling against the promiscuous use of National Security Letters was needed:

After 9/11, Congress loosened restrictions on national security letters (NSLs), a kind of administrative subpoena, first authorized in 1986, that the FBI uses to demand information from phone companies, Internet service providers, and financial institutions. According to the Justice Department’s inspector general, NSL “requests” skyrocketed from a total of 8,500 between 1986 and 2000 to more than 56,000 in 2004 alone.

The Obama administration has made liberal use of NSLs, which in 2010 allowed the FBI to peruse information about 14,212 American citizens and permanent residents — a new record — without bothering to get clearance from a judge. If you were one of those people, the odds are that you will never know, because NSLs are almost always accompanied by instructions that prohibit recipients from discussing them.

[. . .]

Secrecy frustrates challenges to counterterrorism tactics even in the case of Obama’s most startling claim to executive power: the authority to kill people he identifies as members or allies of Al Qaeda. In January a federal judge ruled that the Freedom of Information Act does not require Obama to disclose the Justice Department memos that explain the legal rationale for this license to kill.

U.S. District Judge Colleen McMahon expressed frustration with this result, saying, “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.” In his State of the Union address the following month, Obama promised to make his “targeting” of suspected terrorists “even more transparent.” I’ll disbelieve it when I don’t see it.

March 17, 2013

EFF press release on the win on National Security Letters

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:32

The EFF posted more information about the court decision that National Security Letters violate the constitution:

The controversial NSL provisions EFF challenged on behalf of the unnamed client allow the FBI to issue administrative letters — on its own authority and without court approval — to telecommunications companies demanding information about their customers. The controversial provisions also permit the FBI to permanently gag service providers from revealing anything about the NSLs, including the fact that a demand was made, which prevents providers from notifying either their customers or the public. The limited judicial review provisions essentially write the courts out of the process.

In today’s ruling, the court held that the gag order provisions of the statute violate the First Amendment and that the review procedures violate separation of powers. Because those provisions were not separable from the rest of the statute, the court declared the entire statute unconstitutional. In addressing the concerns of the service provider, the court noted: “Petitioner was adamant about its desire to speak publicly about the fact that it received the NSL at issue to further inform the ongoing public debate.”

“The First Amendment prevents the government from silencing people and stopping them from criticizing its use of executive surveillance power,” said EFF Legal Director Cindy Cohn. “The NSL statute has long been a concern of many Americans, and this small step should help restore balance between liberty and security.”

March 16, 2013

First big blow against the cult of secrecy

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 10:32

The “most transparent administration” may be forced to be a bit more transparent after a US federal judge declared National Security Letters to be unconstitutional:

Ultra-secret national security letters that come with a gag order on the recipient are an unconstitutional impingement on free speech, a federal judge in California ruled in a decision released Friday.

U.S. District Judge Susan Illston ordered the government to stop issuing so-called NSLs across the board, in a stunning defeat for the Obama administration’s surveillance practices. She also ordered the government to cease enforcing the gag provision in any other cases. However, she stayed her order for 90 days to give the government a chance to appeal to the Ninth Circuit Court of Appeals.

“We are very pleased that the Court recognized the fatal constitutional shortcomings of the NSL statute,” said Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed a challenge to NSLs on behalf of an unknown telecom that received an NSL in 2011. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.”

[. . .]

NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more.

NSLs are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have even received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has to merely assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.

October 18, 2012

Domestic terrorism less common in the US now than in the past

Filed under: History, USA — Tags: , , , , — Nicholas @ 10:42

At the Cato@Liberty blog, Benjamin Friedman looks at the history and compares it with today’s constant worry about US domestic terror operations:

Homegrown terrorism is not becoming more common and dangerous in the United States, contrary to warnings issued regularly from Washington. American jihadists attempting local attacks are predictably incompetent, making them even less dangerous than their rarity suggests.

Janet Napolitano, Secretary of Homeland Security, and Robert Mueller, Director of the Federal Bureau of Investigation, are among legions of experts and officials who have recently warned of a rise in homegrown terrorism, meaning terrorist acts or plots carried out by American citizens or long-term residents, often without guidance from foreign organisations.

But homegrown American terrorism is not new.

Leon Czolgosz, the anarchist who assassinated President McKinley in 1901, was a native-born American who got no foreign help. The same goes for John Wilkes Booth, Lee Harvey Oswald and James Earl Ray. The deadliest act of domestic terrorism in U.S. history, the 1995 Oklahoma City Bombing, was largely the work of New York-born Gulf War vet, Timothy McVeigh.

As Brian Michael Jenkins of RAND notes, there is far less homegrown terrorism today than in the 1970s, when the Weather Underground, the Jewish Defense League, anti-Castro Cuban exile groups, and the Puerto Rican Nationalists of the FALN were setting off bombs on U.S. soil.

[. . .]

After the September 11, the FBI received a massive boost in counterterrorism funding and shifted a small army of agents from crime-fighting to counterterrorism. Many joined new Joint Terrorism Task Forces. Ambitious prosecutors increasingly looked for terrorists to indict. Most states stood up intelligence fusion centers, which the Department of Homeland Security (DHS) soon fed with threat intelligence.

The intensification of the search was bound to produce more arrests, even without more terrorism, just as the Inquisition was sure to find more witches. Of course, unlike the witches, only a minority of those found by this search are innocent. But many seem like suggestible idiots unlikely to have produced workable plots without the help of FBI informants or undercover agents taught to induce criminal conduct without engaging in entrapment.

May 24, 2012

Giving up Canadian sovereignty: RCMP “to ease Canadians into the idea”

Filed under: Cancon, Law, Liberty, USA — Tags: , , , , — Nicholas @ 00:01

Under proposed new rules, US law enforcement could pursue suspects across the Canadian border and exercise police powers on Canadian soil:

According to an article in Embassy Magazine, the Harper government is moving forward on several initiatives that could give U.S. FBI and DEA agents the ability to pursue suspects across the land border and into Canada.

But, according to a RCMP officer, they’re doing it in “baby steps.”

“We recognized early that this approach would raise concerns about sovereignty, of privacy, and civil liberties of Canadians,” RCMP Chief Superintendent Joe Oliver, the Mounties’ director general for border integrity, told the Senate Committee on National Security and Defence on May 14.

“We said ‘Let’s take baby steps, let’s start with two agencies to test the concept, let’s demonstrate to Canadians and Americans that such an approach might work.”

Apparently the problem of suspected criminals fleeing into Canada has become so frequent that Stephen Harper has been persuaded to allow US officials to ignore the international boundary while in pursuit. Or perhaps it’ll only be used in “hot pursuit”. Or — rather more likely — any time a US official decides to exercise the rule. Oh, and the article also mentions that aerial surveillance of Canadian territory is also on the table. One has to assume that drone strikes will soon follow.

March 8, 2012

Army training simulators have come a long way from blanks and oversized firecrackers

Filed under: Military, Technology, USA — Tags: , , , , — Nicholas @ 10:04

Back in my day, we trained with blanks and “arty simulators” which were just oversized firecrackers with an attached whistle (simulating the fall of shot before it exploded). Today, the market for combat simulation is huge and growing fast:

Towards the end of the Gulf war in 1991, an American armoured scout unit in Iraq’s southern desert stumbled upon a much larger elite force of dug-in Iraqi armour. Rather than retreating, the nine American tanks and 12 Bradley fighting vehicles attacked. When the battle ended about 25 minutes later, the Americans had destroyed, by one tally, 28 Iraqi tanks, 16 armoured vehicles and 39 trucks without suffering a single loss. The Battle of 73 Easting, named after a map co-ordinate, is now considered a masterpiece of American tactical manoeuvring. It prompted America’s Department of Defence to build a digital model of the battle for training.

Neale Cosby, the retired army colonel who led the project at the Institute for Defence Analyses in Alexandria, Virginia, says it let commanders watch the action on panoramic screens, select alternate points of view and identify potential improvements in weaponry and tactics. The software was then upgraded so that it could be played like a video game in which “what if” circumstances — foggy night-time fighting against upgraded vehicle armour, say — could be tested. Widely demoed in Washington, DC, during the 1990s, the model kick-started “heavy-duty funding” for combat simulators, says Timothy Lenoir of Duke University, and began a technological revolution that has transformed training and changed the way war is waged.

[. . .]

Motion Reality, a firm based in Marietta, Georgia, that provided some of the technology used to animate “Avatar”, “King Kong” and the “Lord of the Rings” films, has built a mixed-reality “fight simulator”, called VIRTSIM, in conjunction with Raytheon, an American defence contractor. America’s Federal Bureau of Investigation began using the system in January at its academy in Quantico, Virginia, and it has also been sold to a Middle Eastern country. Training in an area the size of a basketball court, 12 commandos wear goggles that display high-resolution 3D images delivered wirelessly […]. Real objects in the training area commingle with computer-generated ones such as buildings and enemies. A virtual insurgent can be realistically displayed in the goggles of trainees who look in his direction — even if everybody is running. Trainees wear electrodes that deliver a painful shock when they are struck by a virtual bullet or bomb blast.

February 10, 2012

Before Watergate the FBI had to put together files using wiretaps, informants, and detective work

Filed under: Government, History, Liberty, USA — Tags: , , , , , — Nicholas @ 11:03

Nowadays, of course, they wouldn’t need to do any of that: most of what they collected then could be gathered by looking you up on Facebook:

Bud Abbott and Lou Costello are perhaps best known for their comedy sketch Who’s on First?

But in the 1950s, the duo caught the FBI’s attention for other reasons.

“A police informant furnished information to the effect that Bud Abbott, the well-known motion picture and television star, is a collector of pornography, and alleged he has 1,500 reels of obscene motion pictures,” an agent wrote in an FBI file.

Of Costello, agents reported: “Information was secured reflecting that two prostitutes put on a lewd performance for Lou Costello,” for which they were paid $50 each.

[. . .]

During the era of legendary FBI director J Edgar Hoover, “you could find a reason to open a file on anyone”, says Steve Rosswurm, a historian at Lake Forest College in Illinois and author of a book about the FBI’s dealings with the Catholic Church.

“The reasons for the surveillance are as varied as the people being watched,” said British writer Nicholas Redfern, author of Celebrity Secrets: Official Government Files on the Rich and Famous

“It was very much dependent upon the character or the situation the subject of the file was in.”

Today, the bureau’s Cold War-era fears of communist infiltration, obscenity and homosexuality sound almost quaint..

January 31, 2012

Washington Post and the “Top Secret America” Project

Filed under: Government, Military, USA — Tags: , , , , , — Nicholas @ 00:03

Want to know how deep the rabbit hole goes? The Washington Post can at least get you started:

From the editors:

“Top Secret America” is a project nearly two years in the making that describes the huge national security buildup in the United States after the Sept. 11, 2001, attacks.

When it comes to national security, all too often no expense is spared and few questions are asked — with the result an enterprise so massive that nobody in government has a full understanding of it. It is, as Dana Priest and William M. Arkin have found, ubiquitous, often inefficient and mostly invisible to the people it is meant to protect and who fund it.

The articles in this series and an online database at topsecretamerica.com depict the scope and complexity of the government’s national security program through interactive maps and other graphics. Every data point on the Web site is substantiated by at least two public records.

October 26, 2011

Giving the government even more weasel-room on FOIA requests

Filed under: Bureaucracy, Government, Liberty, USA — Tags: , , — Nicholas @ 10:02

A proposed rule change would allow the US government and its agencies to lie about the very existence of requested records in Freedom of Information Act requests:

A proposed rule to the Freedom of Information Act would allow federal agencies to tell people requesting certain law-enforcement or national security documents that records don’t exist — even when they do.

Under current FOIA practice, the government may withhold information and issue what’s known as a Glomar denial that says it can neither confirm nor deny the existence of records.

The new proposal — part of a lengthy rule revision by the Department of Justice — would direct government agencies to “respond to the request as if the excluded records did not exist.”

August 24, 2011

The origins of the “perp walk”

Filed under: Law, Media, USA — Tags: , , , , — Nicholas @ 12:03

Tim Black outlines the Dominique Strauss-Kahn media drama, and explains the origin of the “perp walk”:

The whole tawdry affair looks to be petering out to a rather murky conclusion. Still, whatever else DSK might or might not have done, he has undoubtedly performed one vital function. That of the scapegoat. Historically, scapegoating referred to the ritual of investing an animal, a goat say, with the sins of the village, and then casting the burdened animal out. DSK, so-called, seems to have served a similar function. Strauss-Kahn was to be symbolically sent out of the community, taking the sins of men, especially French political ones, with him.

Nowhere was this strangely modern ritual more apparent than in the so-called perp walk. Introduced by FBI director Edgar Hoover in the 1920s to bolster public support for prosecutions, and used most famously with mobsters Alvin Karpis and Harry Campbell, it involves tipping off the press that the accused is about to be moved from one location to another. So as the ‘perp’ is walking between, for example, the jail and the police station, photographers appear to snap the accused in all their humiliation and shame. Yet although the perp walk has a long, ignoble, not to mention justice-thwarting history, it only really came into its own under then US attorney Rudolph Giuliani (a future mayor of New York) who, during the 1980s Wall Street-insider trading scandals, transformed it into a deliberately unceremonious ceremony. For example, in February 1987, handcuffed trader Richard Wigton was photographed weeping as he was marched from the trading floor of Kidder, Peabody & Co.

The purpose of the perp walk is worryingly clear. From the handcuffs to the embarrassment induced in the accused, we are encouraged to see the guilt before it has been proved. It is a spectacle designed to elicit condemnation — regardless of whether that condemnation is deserved or not. Strauss-Kahn’s perp walk was no exception. Snapped in all his handcuffed, unshaven and fallen-faced infamy as he was taken to a police station to be charged, the watching world was invited to see him as guilty, his sullen shame writ large in every defensive stride.

August 22, 2011

“They’re creating crimes to solve crimes so they can claim a victory in the war on terror”

Filed under: Law, USA — Tags: , , — Nicholas @ 16:51

The folks at Mother Jones have been conducting some investigative journalism on the FBI’s unique way of fighting terrorists:

Over the past year, Mother Jones and the Investigative Reporting Program at the University of California-Berkeley have examined prosecutions of 508 defendants in terrorism-related cases, as defined by the Department of Justice. Our investigation found:

  • Nearly half the prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violations. (For more on the details of those 508 cases, see our charts page and searchable database.)
  • Sting operations resulted in prosecutions against 158 defendants. Of that total, 49 defendants participated in plots led by an agent provocateur — an FBI operative instigating terrorist action.
  • With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings. (The exceptions are Najibullah Zazi, who came close to bombing the New York City subway system in September 2009; Hesham Mohamed Hadayet, an Egyptian who opened fire on the El-Al ticket counter at the Los Angeles airport; and failed Times Square bomber Faisal Shahzad.)
  • In many sting cases, key encounters between the informant and the target were not recorded — making it hard for defendants claiming entrapment to prove their case.
  • Terrorism-related charges are so difficult to beat in court, even when the evidence is thin, that defendants often don’t risk a trial.

“The problem with the cases we’re talking about is that defendants would not have done anything if not kicked in the ass by government agents,” says Martin Stolar, a lawyer who represented a man caught in a 2004 sting involving New York’s Herald Square subway station. “They’re creating crimes to solve crimes so they can claim a victory in the war on terror.” In the FBI’s defense, supporters argue that the bureau will only pursue a case when the target clearly is willing to participate in violent action. “If you’re doing a sting right, you’re offering the target multiple chances to back out,” says Peter Ahearn, a retired FBI special agent who directed the Western New York Joint Terrorism Task Force and oversaw the investigation of the Lackawanna Six, an alleged terror cell near Buffalo, New York. “Real people don’t say, ‘Yeah, let’s go bomb that place.’ Real people call the cops.”

June 27, 2011

“A substantial expansion of the FBI’s power to monitor innocent Americans”

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:06

Julian Sanchez on the changes to the FBI’s domestic rulebook:

The change in the rules will remove a crucial deterrent for any of the 14,000 FBI employees who might be tempted to use their government access to all kinds of databases for improper personal ends, or to flout rules prohibiting religious, racial and political profiling. This is no hypothetical concern: Shortly after the new guidelines were announced, a former CIA official alleged that the Bush administration had asked the spy agency to dig up dirt on academic and blogger Juan Cole, whose fierce criticism of the war in Iraq earned the ire of the White House.

The new manual will also give agents who have opened assessments greater authority to employ physical surveillance teams. If the FBI thinks you might make a useful informant, agents will be free to dig through your garbage in hopes of finding embarrassing trash that might encourage you to cooperate. And they will be able to do this without first having to show any evidence that you are engaged in wrongdoing.

The FBI, predictably, is downplaying the changes in its rulebook, characterizing them as “clarifications” and “tweaks.” But all these tweaks add up to a substantial expansion of the FBI’s power to monitor innocent Americans — power Congress wisely curtailed in the 1970s in light of the bureau’s ugly history of spying on political dissidents. The law set broad limits on the most intrusive investigative techniques, such as wiretaps, but the details of who could be investigated and how were largely left to executive branch regulation. As statutory restraints on surveillance have been peeled back over the last decade, Americans have been asked to rely more than ever on those internal rules to check abuses.

March 17, 2011

Industrial espionage, Chinese style

Filed under: China, Military, Technology, USA — Tags: , , — Nicholas @ 09:38

Another good post at Strategy Page on the recent uptick in detection of Chinese industrial spies in the United States, and how this may not be a result of more successful anti-espionage efforts by the FBI or CIA — it may just be a by-product of stepped up efforts by China’s intelligence services:

For over two decades, China has been attempting to do what the Soviet Union never accomplished; steal Western technology, then use it to move ahead of the West. The Soviets lacked the many essential supporting industries found in the West (most founded and run by entrepreneurs), and was never able to get all the many pieces needed to match Western technical accomplishments. Soviet copies of American computers, for example, were crude, less reliable and less powerful. Same with their jet fighters, tanks and warships.

China gets around this by making it profitable for Western firms to set up factories in China, where Chinese managers and workers can be taught how to make things right. At the same time. China allows thousands of their best students to go to the United States to study. While most of these students will stay in America, where there are better jobs and more opportunities, some will come back to China, and bring American business and technical skills with them. Finally, China energetically uses the “thousand grains of sand” approach to espionage. This involves China trying to get all Chinese going overseas, and those of Chinese ancestry living outside the motherland, to spy for China, if only a tiny bit.

This approach to espionage is nothing new. Other nations have used similar systems for centuries. What is unusual is the scale of the Chinese effort. Backing it all up is a Chinese intelligence bureaucracy back home that is huge, with nearly 100,000 people working just to keep track of the many Chinese overseas, and what they could, or should, be to trying to grab for the motherland. It begins when Chinese intelligence officials examining who is going overseas, and for what purpose. Chinese citizens cannot leave the country, legally, without the state security organizations being notified. The intel people are not being asked to give permission. They are being alerted in case they want to have a talk with students, tourists or business people before they leave the country. Interviews are often held when these people come back as well.

Those who might be coming in contact with useful information are asked to remember what they saw, or bring back souvenirs. Over 100,000 Chinese students go off to foreign universities each year. Even more go abroad as tourists or on business. Most of these people were not asked to actually act as spies, but simply to share, with Chinese government officials (who are not always identified as intelligence personnel) whatever information was obtained. The more ambitious of these people are getting caught and prosecuted. But the majority, who are quite casual, and, individually, bring back relatively little, are almost impossible to catch.

November 15, 2010

Russian “sleeper” agents apparently betrayed by “middle management”

Filed under: Military, Politics, Russia, USA — Tags: , — Nicholas @ 00:03

If you remember the foofaraw about the ten Russian sleeper agents who were in the news earlier this year, Strategy Page says they were actually unmasked long before it became public knowledge:

According to Russian officials, the ten Russian spies arrested in the United States last June were betrayed by a Russian espionage official (identified only as “colonel Shcherbakov”) in the SVR (Russian CIA). The U.S. claimed they had been watching the ten sleepers for several years, which may indicate that Shcherbakov has revealed a lot more if he was on the American payroll all that time. Shcherbakov was in charge of the SVR sleeper cell operation. The Russians use military ranks in the police and intelligence services, and colonels are middle-management. There is political pressure to on the head of SVR to resign, indicating that the damage was greater than anyone wants to admit.

Last July, after Shcherbakov was safely in the U.S., American and Russian officials conducted a spy swap in Vienna, Austria. This was the largest such swap since the Cold War. Russia pardoned and freed four Russians, including two former intel officers who had revealed the identities of numerous Russian agents in the West. These two are believed to have more information and insights of value. The U.S. released the ten Russians who had, for the last decade, been trying to pass themselves off as Americans, and operate as “illegals” (spies without diplomatic cover and protection). As part of the deal, the ten Russians had to admit their guilt. The FBI said that they caught on to this bunch early on, and have been watching them for years, trying to obtain more information on how Russian espionage operate in the United States. The FBI finally arrested these ten when it became apparent that the Russians had detected that they were being watched. Or because colonel Shcherbakov believed his SVR bosses were on to him, or because the colonel believed it was time to retire to that secret condo in the United States. Russian government officials are indicating that SVR assassins have been sent to kill Shcherbakov.

Some have speculated that these agents were actually just a cover for “real” sleeper agents who were doing actual espionage work — it’s as viable an explanation as the SVR deliberately placing ineffective agents.

September 13, 2010

Call the president a “pr*ck”, get banned from the US for life

Filed under: Britain, Politics, USA — Tags: , , , , , — Nicholas @ 16:09

Fox News picks up an item from The Sun:

A British teenager who sent an e-mail to the White House calling President Obama a “pr*ck” was banned from the U.S. for life, The Sun reported Monday.

The FBI asked local cops to tell college student Luke Angel, 17, that his drunken insult was “unacceptable.”

Angel claims he fired off a single e-mail criticizing the U.S. government after seeing a television program about the 9/11 attacks.

He said, “I don’t remember exactly what I wrote as I was drunk. But I think I called Barack Obama a pr*ck. It was silly — the sort of thing you do when you’re a teenager and have had a few.”

Angel, of Bedford, in central England, said it was “a bit extreme” for the FBI to act.

“The police came and took my picture and told me I was banned from America forever. I don’t really care but my parents aren’t very happy,” he said.

Note that I’ve been very careful not to spell out that “unacceptable” word in the headline. No need to risk that just for reporting the news, right?

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