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For secure connection use: https://secure.netsolhost.com/cryptome.org/index.html *2013-0618.pdf <http://cryptome.org/2013/06/guccifer-nnsa.pdf> Guccifer Hacks DOE/NNSA June 11, 2013* (2.8MB)*2013-0617.htm <http://cryptome.org/nsa-4th.htm> NSA and Fourth Amendment Rights 1999 Repost June 11, 2013**2013-0616.pdf <http://cryptome.org/2013/06/hersh-nyt-74-1222.pdf> Sy Hersh Reports "Massive Surveillance" 1974 June 11, 2013* (1.1MB)*2013-0615.pdf <http://cryptome.org/2013/06/hersh-massive-spy.pdf> Analysis: Sy Hersh "Massive Surveillance" 1974 June 11, 2013* (7.0MB) *2013-0614.htm <http://cryptome.org/2013/06/wargaming-disclosures.htm> Wargaming Disclosures June 11, 2013**2013-0613.pdf <http://cryptome.org/2013/06/cia-angleton-ci.pdf> ok CIA James Angleton Report on Counterspying 1975 June 11, 2013* (3.0MB)*2013-0612.htm <http://cryptome.org/2013/06/snowden-censored.htm> Snowden Censored by Craven Media June 10, 2013**2013-0611.pdf <http://cryptome.org/2013/06/nsa-skunks-bogies.pdf> How NSA Mistakenly Began the Vietnam War /via <https://twitter.com/Asher_Wolf> June 9, 2013* (5.3MB) *2013-0610.htm <http://cryptome.org/2013/06/we-steal-secrets-review.htm> We Steal Secrets Review June 9, 2013* *-----------------* The Section 215 Dragnet Started as Abusive Exigent Letter Practice Wound Down <http://www.emptywheel.net/2013/06/11/the-section-215-dragnet-started-as-abusive-exigent-letter-practice-wound-down/> By: emptywheel <http://www.emptywheel.net/author/emptywheel/> Tuesday June 11, 2013 8:30 pm [image: Screen shot 2013-06-11 at 8.17.13 PM] <http://www.emptywheel.net/wp-content/uploads/2013/06/Screen-shot-2013-06-11-at-8.17.13-PM.png>Julian Sanchez (who, if youre not already following, you should, @normative) just made an important observation <https://twitter.com/normative/status/344599045572001792> about the Section 215 collection that collects metadata on all phone calls every day. Carriers keep call detail records for years. No earthly reason to demand DAILY updates just to preserve. Thunk. The penny dropped. In theory, no, theres no reason to demand daily updates from the telecoms. In fact, in theory, you could always just ask the telecoms to conduct the kind of data analysis that is now being done by NSA. But theres a very good reason why theyre not doing it that way. They tried. It was badly abused. And they started moving away from that approach in March 2006, precisely when we know the Section 215 program started. Most of what we know about the exigent letters program comes from a report DOJs Inspector General did in March 2007 <http://www.justice.gov/oig/special/s0703b/final.pdf> (my posts are here <http://www.emptywheel.net/2010/01/19/the-fbis-non-emergency-exigent-letters/>, here <http://www.emptywheel.net/2010/01/20/the-exigent-letter-ig-report/>, here <http://www.emptywheel.net/2010/01/21/obama-gorging-himself-on-poison-fruit/>, here <http://www.emptywheel.net/2010/01/22/feingold-durbin-and-wyden-demand-the-olc-opinon-on-exigent-letters/>, here <http://www.emptywheel.net/2010/02/15/the-exigent-letter-olc-opinion/>, here <http://www.emptywheel.net/2010/02/16/why-did-fbi-need-the-exigent-letters-olc-memo-background-post/>, here <http://www.emptywheel.net/2010/02/17/the-four-olc-opinions-retroactively-justifying-telecom-data-collection/>). But the short version is that the NY FBI office set up an office to have representatives of the three major telecom companies come in and directly access their data with FBI Agents looking over their back. As such, its probably similar to what PRISM accomplishes for internet providers (except that an NSA employee rather than a telecom employee does the search), and presumably akin to whatever NSA does with the Section 215 dragnet information (which, after all, replicates the telecom databases perfectly). The problems that that we know about from the unclassified report (there are secret and TS/SCI versions which probably have bigger horrors) include: - FBI General Counsel had no apparent knowledge of 17% of the searches - Thousands of searches never got recorded - FBI lied to the telecoms about how urgent the information was to get the information - FBI did an unknown number of sneak peeks into the data to see if there was something worth getting formally Altogether, the unclassified IG Report described 26 abuses that should have been reported to then (and once again, since Chuck Hagel became Defense Secretary) inoperable Intelligence Oversight Board. That includes the tracking of journalist call records in at least three cases (one of which I suspect is James Risen). In short, it violated many legal principles. And thats just the stuff that actually got recorded and showed up in an unclassified report. The Executive spent years trying to clean up the legal mess, with four OLC opinions between November 8, 2008 and January 8, 2010 <http://www.emptywheel.net/2010/02/17/the-four-olc-opinions-retroactively-justifying-telecom-data-collection/> making one after another argument to justify the mess. And just as it became clear what a godforsaken mess all this was in March 2006, they started using Section 215 to collect all call records. The effectively created the same databases that had been abused when the FBI had telecom employees doing the work, to have NSA or FBI do the very same work as well. In short, the reason we dont do what Sanchez is absolutely right we should do ask the telecoms for information as we need it is its not easy enough. What I look forward to learning, though, is how having government employees do the work that telecom employees who at least were bound by ECPA avoids the same kind of abusive fishing expeditions. Update: Heres a description I wrote to summarize this 3 years ago. *This IG Report was the third DOJs Inspector General, Glenn Fine, has done on the FBIs use of National Security Letters and exigent letters, though this is the first to focus almost exclusively on exigent letters. In 2003, the FBI installed representatives of AT&T and (later) Verizon and MCI onsite, with computers hooked up to their respective companies databases. Rather than using a subpoena or a National Security Letter to get phone records from them (both of which would have required a higher level of review), the FBI basically gave them a boilerplate letters saying it was an emergency (thus the exigent) and could they please give the FBI the phone data; the FBI promised grand jury subpoenas to follow. Only, in many cases, these werent emergencies, they never sent the grand jury subpoenas, and many werent even associated with investigations into international terrorism. In other words, FBI massively abused this system to get phone data without necessary oversight. Fine has been pressing FBI to either establish some legal basis for getting this data or purging it from FBI databases for three years, and they have done that with some, but not all, of the data collected. But the FBI has tried about three different ways to bring this practice into conformity with legal guidelines, all unpersuasive to Fine. The OLC opinion is the most recent of these efforts.* Also, heres a timeline <http://www.emptywheel.net/2013/06/11/exigent-letters-timeline/>. - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf* * ------------------------- Section 702 Is Used for Terror, Proliferation, AND Hacking<http://www.emptywheel.net/2013/06/10/section-702-is-used-for-terror-proliferation-and-hacking/> By: emptywheel <http://www.emptywheel.net/author/emptywheel/> Monday June 10, 2013 6:42 pm The AP has a story<http://hosted.ap.org/dynamic/stories/U/US_NSA_PHONE_RECORDS_INSIDE_NSA?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-06-10-04-34-19> about the way algorithms control Section 702, the legal program for which PRISM provides NSA analysts acces. And while he also admits that Obama had expanded the scope of the surveillance, Michael Hayden makes this false claim (which he actually said on FNS<http://www.foxnews.com/on-air/fox-news-sunday-chris-wallace/2013/06/09/government-surveillance-unconstitutional-reaction-sens-rand-paul-ron-johnson-and-gen#p//v/2464941025001> ). Michael Hayden, who led both the NSA and CIA, said the government doesnt touch the phone records unless an individual is connected to terrorism. He described on Fox News Sunday how it works if a U.S. intelligence agent seized a cellphone at a terrorist hideout in Pakistan. Its the first time youve ever had that cellphone number. You know its related to terrorism because of the pocket litter youve gotten in that operation, Hayden said. You simply ask that database, `Hey, any of you phone numbers in there ever talked to this phone number in Waziristan? Heres how I know this is absolutely false (aside from the language of Section 702 <http://www.govtrack.us/congress/bills/110/hr6304/text> that clearly allows it to be used for foreign intelligence generally so long as it is targeted which is one of those tricky words at people not known to be in the US). Director Clapper who admittedly engages in least untruthfuls that are too cute by half claimed this<http://www.dni.gov/files/documents/Facts%20on%20the%20Collection%20of%20Intelligence%20Pursuant%20to%20Section%20702.pdf> as one of the successes in Section 702. Communications collected under Section 702 have provided significant and unique intelligence regarding potential cyber threats to the United States, including specific potential network computer attacks. This insight has led to successful efforts to mitigate these threats. Dont get me wrong. Using this kind of collection for foreign cyberattacks is entirely appropriate. Indeed, it is probably the very best use of the tool, since its its a lot easier to engage in cyberattacks particularly if youre overseas using the Internet, whereas the most dangerous terrorists can and no doubt increasingly will find other means to communicate. So its not that I object to using this program to target Chinese hackers. But as you consider the 51% standard that, according to Edward Snowden, NSA analysts have to meet, or if you consider how easily<https://freedom-to-tinker.com/blog/felten/51-foreign-test-doesnt-protect-americans/> signals taken from any major US-based coverage can meet that 51% standard, understand that NSA is much more likely to make a mistake in its geographic screens for American hackers than for American Islamic extremists. Weve heard nothing but TERRA TERRA TERRA since these leaks first started. And every time you hear that, you might ask what it would mean if they also mean hacker. - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf ** If Wanting to Reveal that All Americans Metadata Gets Swept Up Is Treason, Edward Snowden Is in Distinguished Company<http://www.emptywheel.net/2013/06/10/if-wanting-to-reveal-that-all-americans-metadata-gets-swept-up-is-treason-edward-snowden-is-in-distinguished-custody/> By: emptywheel <http://www.emptywheel.net/author/emptywheel/> Monday June 10, 2013 9:50 pm Earlier this evening, Dianne Feinstein called<http://thehill.com/blogs/defcon-hill/policy-and-strategy/304573-sen-feinstein-snowdens-leaks-are-treason> Edward Snowdens decision to leak NSA documents an act of treason. I dont look at this as being a whistleblower. I think its an act of treason, the chairwoman of the Senate Intelligence Committee told reporters. The California lawmaker went on to say that Snowden had violated his oath to defend the Constitution. He violated the oath, he violated the law. Its treason. Perhaps DiFi can be excused for her harsh judgment. After all, in addition to exposing the sheer range of surveillance our government is doing, Snowden made it very clear that DiFi allowed<http://www.emptywheel.net/2013/06/10/james-clapper-hails-separation-of-powers-while-excusing-lie-as-too-cute-by-half/> Director of National Intelligence James Clapper to lie to her committee. And continues to allow Clappers lie to go unreported, much less punished. But I thought it worthwhile to point out the many people who have committed to make the FISA Court Opinions describing, among other things, how the governments abuse of Section 215 violated the Constitution. In 2010, DOJ promised to try to declassify important rulings of law. In 2010, as part of the same effort, Clappers office promised to try to declassify important rulings of law. In 2011, prior to be confirmed as Assistant Attorney General, now White House Homeland Security Advisor Lisa Monaco promised<http://blogs.fas.org/secrecy/2013/06/surveillance-legitimacy/>, I will work to ensure that the Department continues to work with the ODNI to make this important body of law as accessible as possible. All these people claimed they wanted to make FISCs opinion, among other things, on the secret use of Section 215 public. What Snowden released on Section 215 just a single 215 order to Verizon<http://www.guardian.co.uk/world/interactive/2013/jun/06/verizon-telephone-data-court-order>, without details on how this information is used is far, far less than what DOJ and ODNI and Lisa Monaco pledged to try to release. Given that the collection is targeted on every single American indiscriminately, it wont tell the bad guys anything (except that theyve been sucked into the same dragnet the rest of us have). And while it shows that FBI submits the order but the data gets delivered to NSA (which has some interesting implications), thats a source and method to game the law, not the source or method used to identify terrorists. So if Snowden committed treason, he did so doing far less than top members of our National Security establishment promised to do. Wait. Theres one more member of this gang of according to DiFi *traitors* committed to tell Americans how their government spies on them. Theres the Senator who said this <http://thomas.loc.gov/cgi-bin/query/R?r112:FLD001:S58398> on December 27, 2012. I have offered to Senator *Merkley* to write a letter requesting declassification of more FISA Court opinions. If the letter does not work, we will do another intelligence authorization bill next year, and we can discuss what can be added to that bill on this issue. Oh, wait! That was Senator Dianne Feinstein, arguing that they didnt have time to pass an actual amendment, attached to the actual FISA Amendments Act renewal, forcing the government to turn over this secret law. *But she promised to write a letter!* And even, DiFi claimed (though similar promises to John Cornyn to obtain the OLC memo authorizing Anwar al-Awlakis killing went undelivered), to include a requirement in this years intelligence authorization requiring the government to turn over far more information on the governments use of Section 215 than Snowden did. I get that DiFi doesnt agree with his method that he leaked this rather than (!) write a letter. I get that Snowden has exposed DiFi for allowing Clapper lie to her committee, in part to hide precisely this information. But in debates in the Senate, at least, DiFi has claimed to support releasing just this kind of information. - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf ACLU, Another Civil Liberties Narcissist, Defends Its Own Freedom of Assembly, Speech<http://www.emptywheel.net/2013/06/11/aclu-another-civil-liberties-narcissist-defends-its-own-freedom-of-assembly/> By: emptywheel <http://www.emptywheel.net/author/emptywheel/> Tuesday June 11, 2013 3:50 pm Since the Edward Snowden leaks first started, many have called him and Glenn Greenwald narcissists (as if that changed the dragnet surveillance they exposed). If thats right, I can think of nothing more narcissistic than ACLU, which is a Verizon customer, suing<http://www.aclu.org/national-security/aclu-files-lawsuit-challenging-constitutionality-nsa-phone-spying-program> the government for collecting their call records and chilling their ability to engage in activism. The American Civil Liberties Union and the New York Civil Liberties Union today filed a constitutional challenge to a surveillance program under which the National Security Agency vacuums up information about every phone call placed within, from, or to the United States. The lawsuit argues that the program violates the First Amendment rights of free speech and association as well as the right of privacy protected by the Fourth Amendment. The complaint also charges that the dragnet program exceeds the authority that Congress provided through the Patriot Act. This dragnet program is surely one of the largest surveillance efforts ever launched by a democratic government against its own citizens, said Jameel Jaffer, ACLU deputy legal director. It is the equivalent of requiring every American to file a daily report with the government of every location they visited, every person they talked to on the phone, the time of each call, and the length of every conversation. The program goes far beyond even the permissive limits set by the Patriot Act and represents a gross infringement of the freedom of association and the right to privacy. Heres the complaint<http://www.aclu.org/files/assets/nsa_spying_complaint.pdf> . In addition to this suit, Jeff Merkley and others are submitting a bill<http://www.merkley.senate.gov/newsroom/press/release/?id=5D5997D9-4BA1-46C3-BA86-D208EC82A31E> to force the government to release its secret law. - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf - See more at: http://www.emptywheel.net/#sthash.s2pVly0G.dpuf [Non-text portions of this message have been removed] ------------------------------------ --------------------------------------------------------------------------- LAAMN: Los Angeles Alternative Media Network --------------------------------------------------------------------------- Unsubscribe: <mailto:laamn-unsubscr...@egroups.com> --------------------------------------------------------------------------- Subscribe: <mailto:laamn-subscr...@egroups.com> --------------------------------------------------------------------------- Digest: <mailto:laamn-dig...@egroups.com> --------------------------------------------------------------------------- Help: <mailto:laamn-ow...@egroups.com?subject=laamn> --------------------------------------------------------------------------- Post: <mailto:la...@egroups.com> --------------------------------------------------------------------------- Archive1: <http://www.egroups.com/messages/laamn> --------------------------------------------------------------------------- Archive2: <http://www.mail-archive.com/laamn@egroups.com> --------------------------------------------------------------------------- Yahoo! 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