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The Pronk Pops Show 906, June 7, 2017, Story 1: Will Congress Reauthorize Section 702 Foreign Intelligence Surveillance Act? Yes with changes to protect the privacy of American People. — How About Executive Order 12333 That Allow The President To Target Americans Without A Warrant — Unconstitutional and Illegal — Happens Every Day! — Oversight My Ass –Videos — Story 2: National Security Agency Under Obama Spied On American People —  Obama’s Abuse of Power — Huge Scandal Ignored By Big Lie Media — Videos — Story 3: President Trump To Nominate Christopher A. Wray For FBI Director — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 906,  June 7, 2017

Pronk Pops Show 905,  June 6, 2017

Pronk Pops Show 904,  June 5, 2017

Pronk Pops Show 903,  June 1, 2017

Pronk Pops Show 902,  May 31, 2017

Pronk Pops Show 901,  May 30, 2017

Pronk Pops Show 900,  May 25, 2017

Pronk Pops Show 899,  May 24, 2017

Pronk Pops Show 898,  May 23, 2017

Pronk Pops Show 897,  May 22, 2017

Pronk Pops Show 896,  May 18, 2017

Pronk Pops Show 895,  May 17, 2017

Pronk Pops Show 894,  May 16, 2017

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

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Story 1: Will Congress Reauthorize Section 702 Foreign Intelligence Surveillance Act? Yes with changes to protect the privacy of American People — How About Executive Order 12333 That Allows The President To Target American Citizens Without A Warrant — Unconstitutional and Illegal — Happens Every Day! — Oversight My Ass –Videos

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FISA: 702 Collection

In 2008, Congress passed a set of updates to the Foreign Intelligence Surveillance Act (FISA), including Section 702 which authorized warrantless surveillance of non-U.S. persons reasonably believed to be outside the country. However, documents leaked by Edward Snowden revealed that 702 was being used far more heavily than many expected, serving as the legal basis for the collection of large quantities of telephone and Internet traffic  passing through the United States (and unlike 215, including content rather than just metadata). Still, as 702 only permits overseas collection, most criticism of the provision has come from abroad. But many domestic privacy advocates also worry that large amounts of American communication are being swept up “incidentally” and then used as well.

How the Senate hearing on surveillance turned into a Russia hearing

Blunt Questions National Security Officials Regarding Russia Investigation & FISA 6/7/17

FULL: Rosenstein, Intel Chiefs Testify at Senate Hearing on President Trump and Russia Investigation

Heinrich Questions Top Intelligence Officials In Senate Intel Committee Hearing

Senator Kamala Harris Grills Deputy AG Rosenstein On Whether He Has Given Mueller Full Independence

Trump Russia Collusion Investigation, Part 1 – Senate Intelligence Committee – FISA 6/7/2017

Trump Russia Collusion Investigation, Part 2 – Senate Intelligence Committee – FISA 6/7/2017

Trump Russia Collusion Investigation, Part 3 – Senate Intelligence Committee – FISA 6/7/2017

‘You Went Back on a Pledge!’ Dem. Senator Gets Nasty With DNI Chief Dan Coats

June 7, 2017: Sen. Cotton’s Q&A at Senate Intel Committee FISA Hearing

OPENING STATEMENT: Director of National Intelligence Dan Coats Testifies at Senate Intel Committee

Senate Russia Investigation: National security officials testify to intelligence committee on FISA

Rand Paul on Unmaskings: ‘We Can’t Live in Fear of Our Own Intelligence Community’

Rand Paul on Obama Illegally Spying on Americans | NSA Wiretapping

Section 702 of the FISA Amendments Act

FISA Hearing – Sec 702 Intel Surveillance – IMPORTANT

NSA Spying On Americans ‘Widespread’ – Let Sec. 702 Expire!

Bill Binney explodes the Russia witchhunt

Obama’s NSA conducted illegal searches on Americans for years: Report

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower Bill Binney On 9/11

William Binney – The Government is Profiling You (The NSA is Spying on You)

NSA Whistleblower William Binney: The Future of FREEDOM

State of Surveillance: Police, Privacy and Technology

The Fourth Amendment Explained: US Government Review

Why We’re Losing Liberty

Sen. Rand Paul Defends the Fourth Amendment – February 11, 2014

Rand Paul Shames Homeland Security on Spying on Americans

Top Intel Community Officials Deny That Trump Pressured Them On Russia Probe

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CHUCK ROSS
Reporter

The directors of the Office of National Intelligence and the National Security Agency testified on Wednesday that they have not been pressured by President Trump on the ongoing Russia investigation, undercutting recent reports that they were.

Dan Coats, the director of national intelligence, and Adm. Mike Rogers, the director of NSA, largely declined to discuss details about their interactions with Trump when pressed on the matter during a Senate Intelligence Committee hearing.

According to news reports published last month, Trump asked both Coats and Rogers to rebut stories that Trump was under investigation as part of the Russia probe.

Both Coats and Rogers reportedly felt uncomfortable with the requests from Trump.

But when asked about those interactions on Wednesday, both declined to discuss their specific conversations with Trump while stating that they have never felt pressure from the White House.

“In the three-plus years that I have been the director of the National Security Agency, to the best of my recollection, I have never been directed to do anything that I believe to be illegal, immoral, unethical or inappropriate. And to the best of my collection … I do not recall ever feeling pressured to do so,” Rogers told Virginia Sen. Mark Warner, the vice chairman of the Senate panel.

“Did the president … ask you in any way, shape or form to back off or downplay the Russia investigation?” Warner asked.

Rogers said that he would not discuss specifics of conversations he had with Trump, but added: “I stand by the comment I just made, sir.”

Coats, a former Indiana senator who was appointed by Trump, also denied ever being pressured to downplay the Russia investigation or any other.

On Tuesday, The Washington Post reported that Coats told associates on March 22 that Trump asked him to intervene with former FBI Director James Comey to push back against the Russia investigation.

“In my time of service … I have never been pressured, I have never felt pressure, to intervene or interfere in any way, with shaping intelligence in a political way or in relationship to an ongoing investigation,” Coats testified Wednesday.

http://dailycaller.com/2017/06/07/top-intel-community-officials-deny-that-trump-pressured-them-on-russia-probe/

The Way the NSA Uses Section 702 is Deeply Troubling. Here’s Why.

MAY 7, 2014

This blog post was updated at 5:10 pm PST 5/8/14.

The most recent disclosure of classified NSA documents revealed that the British spy agency GCHQ sought unfettered access to NSA data collected under Section 702 of the FISA Amendments Act. Not only does this reveal that the two agencies have a far closer relationship than GCHQ would like to publicly admit, it also serves as a reminder that surveillance under Section 702 is a real problem that has barely been discussed, much less addressed, by Congress or the President.

In fact, the “manager’s amendment” to the USA FREEDOM Act, which passed unanimously out of the House Judiciary Committee, has weakened the minimal changes to Section 702 that USA FREEDOM originally offered. Although Representative Zoe Lofgren—who clearly understands the import of Section 702—offered several very good amendments that would have addressed these gaps, her amendments were all voted down. There’s still a chance though—as this bill moves through Congress it can be strengthened by amendments from the floor.

Section 702 has been used by the NSA to justify mass collection of phone calls and emails by collecting huge quantities of data directly from the physical infrastructure of communications providers. Here’s what you should know about the provision and why it needs to be addressed by Congress and the President:

  • Most of the discussion around the NSA has focused on the phone records surveillance program. Unlike that program, collection done under Section 702 capturescontent of communications. This could include content in emails, instant messages, Facebook messages, web browsing history, and more.
  • Even though it’s ostensibly used for foreign targets, Section 702 surveillance sweeps up the communications of Americans. The NSA has a twisted, and incredibly permissive, interpretation of targeting that includes communications about a target, even if the communicating parties are completely innocent. As John Oliver put it in his interview with former NSA General Keith Alexander: “No, the target is not the American people, but it seems that too often you miss the target and hit the person next to them going, ‘Whoa, him!'”
  • The NSA has confirmed that it is searching Section 702 data to access American’s communications without a warrant, in what is being called the “back door search loophole.”  In response to questions from Senator Ron Wyden, former NSA director General Keith Alexander admitted that the NSA specifically searches Section 702 data using “U.S. person identifiers,” for example email addresses associated with someone in the U.S.
  • The NSA has used Section 702 to justify programs in which the NSA can siphon off large portions of Internet traffic directly from the Internet backbone. These programs exploit the structure of the Internet, in which a significant amount of traffic from around the world flows through servers in the United States. In fact, through Section 702, the NSA has access to information stored by major Internet companies like Facebook and Google.
  • Section 702 is likely used for computer security operations. Director of National Intelligence James Clapper noted Section 702’s use to obtain communications “regarding potential cyber threats” and to prevent “hostile cyber activities.” Richard Ledgett, Deputy Director of NSA, noted the use of intelligence authorities to mitigate cyber attacks.
  • The FISA Court has little opportunity to review Section 702 collection. The court approves procedures for 702 collection for up to a year. This is not approval of specific targets, however; “court review [is] limited to ‘procedures’ for targeting and minimization rather than the actual seizure and searches.” This lack of judicial oversight is far beyond the parameters of criminal justice.
  • Not only does the FISA Court provide little oversight, Congress is largely in the dark about Section 702 collection as well. NSA spying defenders say that Congress has been briefed on these programs. But other members of Congress have repeatedly noted that it is incredibly difficult to get answers from the intelligence community, and that attending classified hearings means being unable to share any information obtained at such hearings. What’s more, as Senator Barbara Mikulski stated: “‘Fully briefed’ doesn’t mean that we know what’s going on.”  Without a full picture of Section 702 surveillance, Congress simply cannot provide oversight.
  • Section 702 is not just about keeping us safe from terrorism. It’s a distressingly powerful surveillance tool. While the justification we’ve heard repeatedly is that NSA surveillance is keeping us safer, data collected under Section 702 can be shared in a variety of circumstances, such as ordinary criminal investigations. For example, the NSA has shared intelligence with the Drug Enforcement Agency that has led to prosecutions for drug crimes, all while concealing the source of the data.
  • The President has largely ignored Section 702. While the phone records surveillance program has received significant attention from President Obama, in his speeches and his most recent proposal, Section 702 remains nearly untouched.
  • The way the NSA uses Section 702 is illegal and unconstitutional—and it violates international human rights law. Unlike searches done under a search warrant authorized by a judge, Section 702 has been used by the NSA to get broad FISA court authorization for general search and seizure of huge swathes of communications. The NSA says this is OK because Section 702 targets foreign citizens. The problem is, once constitutionally protected communications of Americans are swept up, the NSA says these communications are “fair game” for its use.
  • Innocent non-Americans don’t even get the limited and much abused protections the NSA promises for Americans. Under international human rights law to which the United States is a signatory, the United States must respect the rights of all persons. With so many people outside the United States keeping their data with American companies, and so much information being swept up through mass surveillance, that makes Section 702 the loophole for the NSA to violate the privacy rights of billions of Internet users worldwide.

The omission of Section 702 reform from the discourse around NSA surveillance is incredibly concerning, because this provision has been used to justify some of the most invasive NSA surveillance. That’s why EFF continues to push for real reform of NSA surveillance that includes an end to Section 702 collection. You can help by educating yourself and engaging your elected representatives. Print out our handy one-page explanation of Section 702. Contact your members of Congress today and tell them you want to see an end to all dragnet surveillance, not just bulk collection of phone records.

https://www.eff.org/deeplinks/2014/05/way-nsa-uses-section-702-deeply-troubling-heres-why

 

By ZACK WHITTAKER CBS NEWS June 30, 2014, 4:02 PM
Legal loopholes could allow wider NSA surveillance, researchers say
CBS NEWS

NEW YORK — Secret loopholes exist that could allow the National Security Agency to bypass Fourth Amendment protections to conduct massive domestic surveillance on U.S. citizens, according to leading academics.

The research paper released Monday by researchers at Harvard and Boston University details how the U.S. government could “conduct largely unrestrained surveillance on Americans by collecting their network traffic abroad,” despite constitutional protections against warrantless searches.

One of the paper’s authors, Axel Arnbak of Harvard University’s Berkman Center for Internet & Society, told CBS News that U.S. surveillance laws presume Internet traffic is non-American when it is collected from overseas.

“The loopholes in current surveillance laws and today’s Internet technology may leave American communications as vulnerable to surveillance, and as unprotected as the internet traffic of foreigners,” Arnbak said.

Although Americans are afforded constitutional protections against unwarranted searches of their emails, documents, social networking data, and other cloud-stored data while it’s stored or in-transit on U.S. soil, the researchers note these same protections do not exist when American data leaves the country.

Furthermore, they suggest that Internet traffic can be “deliberately manipulated” to push American data outside of the country. Although the researchers say they “do not intend to speculate” about whether any U.S. intelligence agencies are actually doing this, they say it could provide a loophole for vacuuming up vast amounts of U.S. citizen data for intelligence purposes, thus “circumventing constitutional and statutory safeguards seeking to protect the privacy of Americans,” they warned.

Play VIDEO
Snowden: NSA programs “uncontrolled and dangerous”
The academic paper lands just over a year since the Edward Snowden revelations first came to light, outlining the massive scope of U.S. government surveillance, under the justification of preventing terrorism. Although the classified programs that make up the NSA’s data acquisition arsenal have only recently been disclosed over the past year, the laws that govern them have been under close scrutiny for years. The paper only adds fuel to the fire of the intelligence agency’s alleged spying capabilities, which have been heavily criticized by civil liberties and privacy groups alike.

“The fix has to come from the law — the same laws that apply to Internet traffic collected domestically should also apply to traffic that is collected abroad,” the paper’s co-author, Sharon Goldberg of Boston University’s Computer Science Department, said.

While the researchers do not say whether these loopholes are being actively exploited — saying their aim is solely to broaden the understanding of the current legal framework — the current legislation as it stands “opens the door for unrestrained surveillance,” they write.

Since the September 11 terrorist attacks, the subsequent introduction of the Patriot Act allowed certain kinds of data to be collected to help in the fight against terrorism — so-called “metadata,” such as the time and date of phone calls and emails sent, including phone numbers and email addresses themselves. But the contents of those phone calls or emails require a warrant. The classified documents leaked by Edward Snowden showed that while the public laws have been in effect for years or even decades, the U.S. government has used secret and classified interpretations of these laws for wider intelligence gathering outside the statutes’ text.

The Obama administration previously said there had been Congressional and Judicial oversight of these surveillance laws — notably Section 215 of the Patriot Act, which authorized the collection of Americans’ phone records; and Section 702 of the Foreign Intelligence Surveillance Act (FISA), which authorized the controversial PRISM program to access non-U.S. residents’ emails, social networking, and cloud-stored data.

But the researchers behind this new study say that the lesser-known Executive Order (EO) 12333, which remains solely the domain of the Executive Branch — along with United States Signals Intelligence Directive (USSID) 18, designed to regulate the collection of American’s data from surveillance conducted on foreign soil — can be used as a legal basis for vast and near-unrestricted domestic surveillance on Americans.

The legal provisions offered under EO 12333, which the researchers say “explicitly allows for intentional targeting of U.S. persons” for surveillance purposes when FISA protections do not apply, was the basis of the authority that reportedly allowed the NSA to tap into the fiber cables that connected Google and Yahoo’s overseas to U.S. data centers.

An estimated 180 million user records, regardless of citizenship, were collected from Google and Yahoo data centers each month, according to the leaked documents. The program, known as Operation MUSCULAR, was authorized because the collection was carried out overseas and not on U.S. soil, the researchers say.

The paper also said surveillance can also be carried out across the wider Internet by routing network traffic overseas so it no longer falls within the protection of the Fourth Amendment.

However, an NSA spokesperson denied that either EO 12333 or USSID 18 “authorizes targeting of U.S. persons for electronic surveillance by routing their communications outside of the U.S.,” in an emailed statement to CBS News.

“Absent limited exception (for example, in an emergency), the Foreign Intelligence Surveillance Act requires that we get a court order to target any U.S. person anywhere in the world for electronic surveillance. In order to get such an order, we have to establish, to the satisfaction of a federal judge, probable cause to believe that the U.S. person is an agent of a foreign power,” the spokesperson said.

The report highlights a fundamental fact about Internet traffic: Data takes the quickest route possible rather than staying solely within a country’s borders. Data between two U.S. servers located within the U.S. can still sometimes be routed outside of the U.S.

Although this is normal, the researchers warn data can be deliberately routed abroad by manipulating the Internet’s core protocols — notably the Border Gateway Protocol (BGP), which determines how Internet traffic is routed between individual networks; and the Domain Name Service (DNS), which converts website addresses to numerical network addresses.

If the NSA took advantage of the loophole by pushing Internet traffic outside of the U.S., it would have enough time to capture the data while it is outside the reach of constitutional protection.

The researchers rebuffed the NSA’s statement in an email: “We argue that these loopholes exist when surveillance is conducted abroad and when the authorities don’t ‘intentionally target a U.S. person’. There are several situations in which you don’t ‘target a U.S. person’, but Internet traffic of many Americans can in fact be affected.”

“We cannot tell whether these loopholes are exploited on a large scale, but operation MUSCULAR seems to find its legal and technical basis in them.”

Mark M. Jaycox, a legislative analyst at the Electronic Frontier Foundation (EFF), said: “If you are intentionally spying on a U.S. person, the government must go to the FISA Court,” he said. “That’s the way the law is supposed to operate.”

Describing how the NSA says it never “intentionally collects” U.S. information, he warned the agency’s foreign data dragnet would inevitably include U.S. data.

“The NSA is an intelligence organization — it’s going to be targeting foreigners. But it’s the way that its targeting millions of foreigners, and millions of foreign communications that will eventually pick up U.S. persons’ data and information. And once that data has been collected, it must be destroyed.”

“It’s a question the NSA can’t reconcile, so they lean heavily on saying they never ‘intentionally collect’ the U.S. person information,” he said

A recent primer on EO 12333 written by the privacy group said the order “mandates rules for spying… on anyone within the United States.” The group also notes because the order remains inside the Executive Branch, the Obama administration could “repeal or modify” it at will.

The American Civil Liberties Union said in a post on its website that the U.S. government interprets USSID 18 to “permit it to sweep up Americans’ international communications without any court order and with little oversight.”

Patrick Toomey, staff attorney at the American Civil Liberties Union’s National Security Project, said: “Today, Americans’ communications increasingly travel the globe — and privacy protections must reliably follow. This academic paper raises key questions about whether our current legal regime meets that standard, or whether it allows the NSA to vacuum up Americans’ private data simply by moving its operations offshore.”

He added that there should be a uniform set of laws that protect Americans’ privacy regardless of where they are in the world, and that Congressional oversight of all rules governing surveillance is needed for comprehensive reforms.

The ACLU has also filed a Freedom of Information lawsuit with a federal court in New York, questioning “whether it [EO 12333] appropriately accommodates the constitutional rights of American citizens and residents whose communications are intercepted in the course of that surveillance.”

Although there is no direct evidence yet to suggest the NSA has exploited this loophole, network monitoring firm Renesys observed two “route hijacking” events in June and November 2013 that led Internet traffic to be redirected through Belarus and Iceland on separate occasions. These events are virtually unnoticeable to the ordinary Internet user, but the side effect is that U.S. data may be readable by foreign governments traveling through their country’s infrastructure. It also could allow the NSA to capture that data by treating it as foreign data.

These legal and technical loopholes can allow “largely unrestrained surveillance on Americans communications,” the researchers wrote.

The NSA, whose job it is to produce intelligence from overseas targets, said for the first time in August 2013 that it derives much of its “foundational authority” for its operations from EO 12333. Recent Snowden disclosures shed new light on understanding the capabilities of the executive order.

It was also recently revealed that Snowden himself questioned the legal authority of EO 12333, according to one declassified email exchange released by the Director of National Intelligence James Clapper.

According to John Schindler, a former NSA chief analyst, speaking to The Washington Post in October, the sole aim of the NSA’s “platoon” of lawyers’ is to figure out “how to stay within the law and maximize collection by exploiting every loophole.”

“It’s fair to say the rules are less restrictive under [EO] 12333 than they are under FISA,” he added.

FISA expanded the NSA’s powers allowing it to obtain foreign intelligence — including economic and political surveillance of foreign governments, companies, news outlets and citizens. But the amended law in 2008 also restricted what can be collected on U.S. citizens.

The so-called “targeting” and “minimization” procedures, which remain classified but were reported as a result of the Snowden leaks, were introduced to ensure any data inadvertently collected on U.S. citizens from overseas would not be used in investigations. These were later criticized following subsequent leaks which suggested the rules on collecting U.S. persons’ data were more relaxed than the statute led the public to believe.

U.S. intelligence agencies can only do so much with U.S. data, therefore they have a “strong incentive to conduct surveillance abroad,” the researchers say, because legal protections under the Fourth Amendment and FISA do not apply outside U.S. territory.

“Programs under EO 12333 may collect startling amounts of sensitive data on both foreigners and Americans,” the paper summarizes, “without any meaningful congressional or judiciary involvement.”

http://www.cbsnews.com/news/legal-loopholes-could-let-nsa-surveillance-circumvent-fourth-amendment-researchers-say/

 

FISA Authority and Blanket Surveillance: A Gatekeeper Without Opposition

Vol. 40 No. 3

The author is with ZwillGen PLLC in Washington, D.C.

Surveillance and espionage were once practices ordinary Americans only read about in novels or saw in movie theaters. That is no longer true. America is at the center of a worldwide communications network. It is home to the world’s most popular telecommunications, email, instant message, and video chat providers. Because of America’s unique role, hundreds of millions of users send communications through American soil. At the same time, America’s enemies have grown from nation-states, like the Soviet Union, to small cells of terrorists that use ordinary communications networks. Taken together, it is not surprising that signals intelligence agencies like the National Security Agency (NSA), which intercept and analyze these signals, would seek and use surveillance powers to conduct more surveillance at home.

Part of this new regime means that more legal process to gather intelligence is being served on companies in the United States. Recent revelations have declassified documents describing the NSA’s broad “collect now, search later” approach to surveillance. This means that some electronic communications providers, and their in-house and outside counsel, are faced with new forms of legal process. But unlike criminal process, which is rooted in a large body of publicly available case law and which often comes to light in the course of criminal trials, this new process comes to these providers in secret. As documents recently declassified by the director of national intelligence demonstrate, the government has served a number of different kinds of orders on providers—each of whom must assess when and how they might comply with or challenge those orders.

My firm and I represented one such provider in In re Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act [Redacted], 551 F.3d 1004 (FISA Ct. Rev. 2008). That case presented a challenge that more providers may face as the NSA explores its surveillance capabilities. The provider received process known as a 105B directive (which is now called a 702 directive) starting in 2007. In contrast with typical criminal process, there was no prior court review or approval of particular surveillance targets. Instead, a 702 directive, like the one served on that provider, approved of the government’s procedure for conducting surveillance—not its targets.

 

Faced with this process, the provider had to make decisions about how it could respond. The provider chose not to comply with the process, and the government filed a motion to compel in the Foreign Intelligence Surveillance Court (FISC), a secret court charged with reviewing and approving some types of surveillance.

The course of that litigation proved complex. The Foreign Intelligence Surveillance Court of Review (FISCR), which handles appeals from the FISC, had published a single opinion before the In re Directives case, and while the lower court, the FISC, had rules for proceedings, there were no publicly available decisions on which to rely in litigating the procedural aspects of the case. The merits of the case too were litigated in the dark. No docket was made available, and there was no public mention of the case until after it was appealed and the FISCR entered its decision. Some documents related to the case are still being declassified, but in the words of the FISCR’s declassified decision, there was “multitudinous briefing” in the FISC and ample briefing on appeal.

The FISCR released its opinion in In re Directives in 2009, and a beam of light shone on its decisions for the first time in seven years. But then the FISC went dark again. In late 2013, however, the director of national intelligence, in response to increased public pressure seeking information on surveillance activities, began releasing more FISC opinions that are instructive on how the FISC operates and how it has been interpreting the Fourth Amendment and process under the Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801 et seq. (FISA) in the intervening years, giving much needed guidance to providers and outside counsel.

 

The History of FISA

Understanding how to advise clients faced with FISA process, the challenges they face, and how to revise FISA to address public concerns about the NSA’s “collect now, search later” surveillance requires some history, legal analysis, and creative thinking. FISA’s history provides context for the reforms needed to adjust the balance between surveillance and privacy. Current events provide information about the extent of the problem. And creative thinking is required to create solutions.

FISA occupies an uneasy place. It resides where intelligence gathering meets the Fourth Amendment. FISA addresses the problem of how, and when, the government can conduct surveillance for intelligence-gathering purposes on United States soil. Over time, Congress has addressed this delicate balance by amending FISA to expand and contract surveillance capabilities. Today, FISA provides a comprehensive set of procedures for obtaining and using “foreign intelligence information” within the United States.

Before Congress passed FISA in 1978, there were no clear rules for when the executive branch could conduct clandestine surveillance for foreign intelligence purposes. Prior to FISA, every president since at least 1931 used surveillance to protect national security interests—even when no law specifically allowed that surveillance. See Sen. Rep. No. 94-755 (1976), Book III, Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans [hereinafter Church Report], available at www.intelligence.senate.gov/pdfs94th/94755_III.pdf. Presidents justified this surveillance by pointing to their role as commander-in-chief combined with their duty and authority to execute the laws of the United States. U.S. Const. art. II, § 1, § 2, cl. 1; see Church Report, supra, at 279.

This power remained relatively untested until the seminal case United States v. U.S. District Court for Eastern District of Michigan, Southern Division, 407 U.S. 297 (1972), also known as the Keith case. There, the government prosecuted three individuals for conspiring to bomb an office of the Central Intelligence Agency in Ann Arbor, Michigan. The Keith defendants moved to compel the government to disclose electronic surveillance information the government collected without first getting a warrant. The attorney general argued the surveillance satisfied the Fourth Amendment because it was necessary “to gather intelligence information deemed necessary to protect the nation from attempts of domestic organizations to attack and subvert the existing structure of the Government.” Id. at 300. The Supreme Court found that the government must get a warrant before engaging in domestic surveillance, but limited its opinion to “domestic aspects of national security” and stated that it “express[ed] no opinion as to the issues which may be involved with respect to activities of foreign powers or their agents.” Id. at 321. Keith changed the landscape of domestic surveillance, but lower courts struggled to decide when surveillance required a warrant and when surveillance fell outside Keith’s holding; as a result, they increasingly invalidated surveillance. See Zweibon v. Mitchell, 516 F.2d 594, 651 (D.C. Cir. 1975).

Faced with this uncertainty and the revelations about warrantless surveillance, the Senate created the Church Committee to investigate the executive branch’s use of warrantless surveillance. The committee’s report provided revelations much like those that are coming to light today as a result of Edward Snowden’s leaks. The committee’s report, which is actually 14 separate reports regarding intelligence abuses, provides one of the most extensive, in-depth examinations of the use and abuse of surveillance powers in the United States. The Church Report revealed that from the early 1960s to 1972, the NSA targeted certain Americans’ international communications by placing their names on a watch list. It contended that intercepting these Americans’ communications was part of monitoring programs it was conducting against international communications channels. As is the case in news reports today, “to those Americans who have had their communications—sent with the expectation that they were private—intentionally intercepted and disseminated by their Government, the knowledge that NSA did not monitor specific communications channels solely to acquire their message is of little comfort.” Church Report, supra, at 735.

History tends to repeat itself. Today, newspapers have reported that the NSA engages in bulk telephone records surveillance using the “Business Records” provision in section 215 of FISA (50 U.S.C. § 1861). This bulk surveillance, however, isn’t anything new. The Church Report provides shockingly similar revelations about the NSA’s Operation SHAMROCK. Much like recent revelations about today’s bulk records collection, Operation SHAMROCK, which lasted all the way from August 1945 until May 1975, collected millions of telegrams leaving or transiting the United States and monitored certain telephone links between the United States and South America. As part of this monitoring, the NSA intercepted Americans’ international communications and disseminated those communications to other intelligence agencies. In doing so, the NSA “never informed the companies that it was analyzing and disseminating telegrams of Americans.” Unlike today, however, “the companies, who had feared in 1945 that their conduct might be illegal, apparently never sought assurances that NSA was limiting its use to the messages of foreign targets once the intercept program had begun.” Church Report, supra, at 740–41.

The NSA discontinued SHAMROCK in 1975, but it still incidentally collected Americans’ communications—much like it does (to a lesser extent) today. The Church Committee described the NSA’s “initial interception of a stream of communications” as “analogous to a vacuum cleaner.” “NSA picks up all communications carried over a specific link that it is monitoring. The combination of this technology and the use of words to select communications of interest results in NSA analysts reviewing the international messages of American citizens, groups, and organizations for foreign intelligence.” Id. at 741. This is eerily similar to the FISC’s description of bulk records collection as recently as October 2011, in which it stated “that NSA has acquired, is acquiring, and . . . will continue to acquire tens of thousands of wholly domestic communications,” Redacted, slip op. at 33 (FISA Ct. Oct. 3, 2011), because it intercepts all communications over certain Internet links it is monitoring and is “unable to exclude certain Internet transactions.” Id. at 30.

 

Purposes of FISA

That history tells us where FISA comes from and the problems Congress was trying to solve. Congress had two main goals: provide some oversight where there was none, and draw clear lines so that law enforcement would know when it could use foreign intelligence process and when it had to follow ordinary criminal process. To address these goals, FISA contains two important parts. First, it established a framework for judicial review by creating the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. It also created a new FISA process to replace criminal process such as warrants, subpoenas, surveillance orders, and pen register/trap and trace orders. The FISA versions of each of these has less stringent requirements for the government to satisfy than criminal process. See 50 U.S.C. § 1801–12 (electronic surveillance equivalent to Title III orders), 50 U.S.C. § 1821–29 (physical searches like search warrants), 50 U.S.C. § 1841–46 (pen registers and trap-and-trace devices), 50 U.S.C. § 1861–62 (business records like grand jury subpoenas).

Second, FISA addressed when law enforcement can and cannot use these FISA processes to conduct surveillance or gather evidence. As it was originally enacted, law enforcement could obtain FISA process, rather than criminal process, when the “primary purpose” of surveillance was to gather foreign intelligence information. At the same time, Congress explicitly excluded activities conducted abroad from FISA’s reach. It also did not provide protection for U.S. citizens when they left the United States. See H.R. Rep. No. 95–1283, at 51 (1978).

To fill in the gaps FISA left and to provide rules of executive branch intelligence agencies, President Reagan issued Executive Order 12,333, United States Intelligence Activities (46 Fed. Reg. 59,941 (Dec. 4, 1981)). That order (as amended) remains the basis for executive branch surveillance for foreign intelligence purposes. What is important is that the order sets forth procedures that apply where FISA did not, specifically for surveillance of United States persons located abroad. Id. § 2.5.

Foreign intelligence gathering continued under FISA and Executive Order 12,333 for nearly two decades without major revision or challenge, until the attacks of September 11, 2001. Following 9/11, Congress passed the USA Patriot Act, which amended FISA by expanding law enforcement authority and lowering the standards required to obtain surveillance authority. Pub. L. No. 107–56 (H.R. 3162), 115 Stat. 272 (2001). The act eliminated the “primary purpose” test and replaced it with a “significant purpose” test. Id. § 218. The “primary purpose” test led law enforcement to create a wall between agencies that engaged in criminal prosecutions (such as parts of the Federal Bureau of Investigation and the Department of Justice) and agencies that primarily engaged in foreign intelligence gathering (such as the NSA). One of the problems identified in the aftermath of 9/11 was a reluctance to share information because of this “primary purpose” rule—and the fear that doing so could put surveillance or criminal prosecutions at risk.

In a rare published decision (there have been only two), the FISCR upheld the “significant purpose” test in In re Sealed Case, 310 F.3d 717 (FISA Ct. Rev. 2002). The FISC court had found that the “significant purpose” standard was lower than the “primary purpose” standard but that the Fourth Amendment did not require more. The court concluded that the procedures and government showings required under FISA, even if they do not meet the warrant requirement, come close enough that FISA as amended by the Patriot Act meets the balancing test between Fourth Amendment rights and the need to protect against national security threats. In re Sealed Case would prove to be a launching point for reconciling FISA with the Fourth Amendment and for chipping away at the warrant requirement for foreign intelligence-gathering purposes.

In December 2005, a New York Times article revealed a warrantless domestic wiretapping program, the Terrorist Surveillance Program (TSP), in which the NSA was allowed to eavesdrop on communications where at least one party was not a United States person. According to reports, technical glitches resulted in some “purely domestic” communications being subject to surveillance. The surveillance was based on a 2002 executive order that allowed the NSA to monitor international email messages and international telephone calls transmitted by communications networks based in the United States—surveillance that was outside the scope of review in In re Sealed Case. That executive order claimed that FISA’s warrant requirements were implicitly superseded by the passage of the congressional resolution authorizing the use of military force against terrorists and that the president’s inherent authority under Article II of the Constitution to conduct foreign surveillance trumped FISA.

A group of plaintiffs sought to challenge the TSP in American Civil Liberties Union v. National Security Agency, 438 F. Supp. 2d 754 (E.D. Mich. 2006). The district court ruled that the surveillance violated the Fourth Amendment, finding that the TSP was implemented without regard to the Fourth Amendment or to FISA, and thus violated FISA, the standards of Title III, and the Fourth Amendment. On appeal, however, the Sixth Circuit dismissed the case, finding that the plaintiffs lacked standing to challenge the TSP because they had not alleged that they were the actual victims of warrantless surveillance. ACLU v. NSA, 493 F.3d 644 (6th Cir. 2007); see also Clapper v. Amnesty Int’l, 133 S. Ct. 1138 (2013).

The Protect America Act of 2007

Following the public outcry in response to the New York Times article and the ACLU decision, the Bush administration proposed the Protect America Act of 2007 (PAA), Pub. L. No. 110-55, 121 Stat. 552, which was designed to address surveillance of communications facilities located in the United States that transmit communications between individuals both of whom are located abroad. PAA § 105A. Again, just as in 1978, the government needed more guidance on when FISA applied and when the executive branch was free of its requirements. The PAA addressed a new problem: capturing wholly foreign communications on U.S. soil. In the past, to capture foreign communications between non-U.S. persons, the government simply implemented surveillance on foreign communications networks, which are not subject to restrictions imposed by the Fourth Amendment or any statute. Now that foreign communications could be transferred within the United States and the TSP’s constitutionality had been called into doubt, the intelligence community required a new tool to continue that surveillance. The PAA, by providing a number of procedures to conduct surveillance of targets outside the United States, and in an attempt to avoid resort to traditional warrants and Title III orders, implemented a system of internal controls at the NSA as well as overarching review of policies and procedures by the FISC. The PAA was a stopgap measure, to preserve some aspects of warrantless surveillance of foreign communications transmitted within the United States while Congress worked to overhaul FISA.

Notably, the PAA, like the Patriot Act, again changed the test of when the FISA process does and does not apply. The PAA changed the focus from the identity of the party targeted to whether a party was present in the United States. This change made it much simpler for the attorney general and the director of national intelligence to approve surveillance—rather than certifying that both parties to the communication were foreign powers or agents of foreign powers, they now only had to certify that the target of the surveillance was located outside the United States. Under the PAA, the director of national intelligence and the attorney general could permit, for up to one year, “the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States” if they determined that the acquisition met five specified criteria and the minimization procedures for that surveillance were approved by the FISC. PAA § 105B. In practical terms, the government could serve providers with orders that the FISC approved, and then name the targets of surveillance later.

One provider, Yahoo, challenged this in In re Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act [Redacted], 551 F.3d 1004 (FISA Ct. Rev. 2008). In that case, the government revealed that it not only complied with the PAA but also voluntarily complied with Executive Order 12,333, 46 Fed. Reg. 59,941, 59,951 (Dec. 4, 1981), which taken together mean that the certifications at issue “permit surveillances conducted to obtain foreign intelligence for national security purposes when those surveillances are directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.” In re Directives, 551 F.3d at 1008. The court upheld these warrantless searches, finding that because the purpose of the surveillance was to gather foreign intelligence information, it fell under a “foreign intelligence exception to the Fourth Amendment’s warrant requirement” so long as it was directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United states. Id. at 1012.

The court also found that the searches were reasonable because they complied with Executive Order 12,333, which required probable cause to believe that an individual is outside the United States and a finding that such surveillance was necessary, and which limited the duration of the surveillance and thus contained sufficient protections to avoid risk of mistake or executive branch misconduct.

The PAA was a stopgap measure and was eventually replaced by the FISA Amendments Act of 2008 (FAA), Pub. L. No. 110-261, § 403, 122 Stat. 2436, 2473. The FAA repealed the most troublesome provision of the PAA, which provided for warrantless surveillance of foreign intelligence targets “reasonably believed” to be outside the United States, even if they were U.S. persons, by adding a new section to FISA entitled “Additional Procedures Regarding Certain Persons Outside the United States.” Much of this section enshrines the protections present in Executive Order 12,333’s treatment of U.S. persons that the court relied on in In re Sealed Case and In re Directives to uphold the surveillance of United States persons located abroad.

The FAA again addressed the question of when FISA applies via a complicated web of procedures and processes for each category of target subject to surveillance: individuals outside the country that are not “U.S. Persons” (section 1881a), acquisitions inside the country targeting U.S. persons outside the country (section 1881b), and U.S. persons outside the country (section 1881c). Different processes are required for each type of target, but in a nutshell, U.S. persons receive slightly more protection. The most important change is that there is no prior judicial review of surveillance conducted in the United States that targets non-U.S. persons located outside the United States. FAA § 1881a. To conduct surveillance of U.S. persons outside the United States, however, the government must first obtain FISC approval of the particular targets. FAA § 1881b.

 

Time to Address Problems

FISA’s history and current events demonstrate that we are at a point in the cycle where it is again time to address the two basic questions: How do we provide oversight of intelligence-gathering activities? And when does this oversight apply? FISA, from a textual perspective, provides the government with far-reaching authority for surveillance and specific process for each type of surveillance it may want to conduct, but the public was relatively unaware of how the government used that authority until Edward Snowden leaked classified documents in late 2013 providing some detail on the NSA’s use of surveillance activities. In response, the government has begun declassifying a wealth of FISC decisions, letters to Congress, and other information regarding the NSA’s use of FISA authorities. A detailed analysis of these opinions could lead to a new report as voluminous as the Church Committee’s reports, but even a high-level analysis provides some context for moving forward.

The recently released opinions—such as Redacted, LEXIS 157706 (FISA Ct. Oct. 3, 2011), and Redacted II, LEXIS 157706 (FISA Ct. Nov. 30, 2011)—confirm what appeared to be the case in In re Directives, that the FISC has adopted an exception to the warrant requirement for foreign intelligence gathering—particularly where the government seeks communications that are not wholly domestic. In those cases, despite finding that the NSA knowingly collected wholly domestic communications that had nothing to do with foreign intelligence, the FISC generally approved most of the government’s targeting and minimization procedures. On a bad set of facts for the government, the FISC held that only a small part of the NSA’s surveillance program was unconstitutional and only because the NSA did not make enough of an effort to delete wrongly collected communications—a problem the NSA soon remedied. Redacted II, LEXIS 157705 (FISA Ct. Nov. 30, 2011).

The window left open in Keith seems to be closed. Similarly, the FISC has approved of the NSA’s “collect now, restrict searching later” approach to minimization. See In re Application of the F.B.I. for an Order Requiring the Production of Tangible Things from [Redacted], No. BR 13-109, LEXIS 134786 (FISA Ct. Sept. 13, 2013). In other words, the FISC has found no constitutional or statutory impediment to the government “over collecting” data—so long as it does not intentionally collect wholly domestic communications and it has minimization procedures to restrict access. There is no indication that the government has used its surveillance powers improperly (except in a limited number of circumstances attributable to NSA employee misconduct), but the FISC has not taken a robust view of the Fourth Amendment.

As was the case back in the late 1970s, the American public has reacted to executive surveillance activities—some of which are eerily similar to the NSA’s use of surveillance authority in the mid– to late 1970s. And as was the case in the late 1970s, it may again be time for Congress to take action. The problems remain quite similar to those Congress faced in 1978: provide oversight where there is none, or where it is inadequate, and make clear when the government can, and cannot, use different types of FISA process.

In late 2013, numerous members of Congress began proposing bills to reform FISA and provide new protections. See Mark M. Jaycox, “Cheat Sheet to Congress’ NSA Spying Bills,” Elec. Frontier Found. (Sept. 11, 2013), http://www.eff.org/deep links/2013/08/effs-cheat-sheet. Given the heated nature of the current debate, it is likely that the particular content of these bills will change daily, and summarizing their particularities is best left to blogs. Still, the bills generally fall into two categories: increasing transparency and restructuring the process. A few bills address bulk collection of records under section 215, but none takes a comprehensive approach to changing the question of when FISA applies and when it does not.

The current system of checks and balances under the FAA is simply not enough. It’s not because of a lack of desire by the providers to defend their users. Unlike the telephone and telegraph companies that did not act to end NSA spying in the Operation SHAMROCK era, providers today are taking a much more active role in the process. Yahoo challenged the FISA process in 2008, interest groups have filed actions seeking information about surveillance practices, and now providers have brought declaratory judgment actions seeking to reveal more information about surveillance process they receive.

One of the pending bills, Senator Blumenthal’s FISA Court Reform Act of 2013, Senate Bill 1460 and Senate Bill 1467, provides an answer that, having had the experience of litigating before the FISC myself, I believe could provide much needed improvements. That bill provides for a new Office of the Special Advocate, which introduces an adversary to the court. (This is similar to the public privacy advocate that President Obama recently proposed.) The act attempts to solve a basic problem with the current oversight procedures: There is no true adversarial process for most of the legal issues that arise. The newly declassified opinions the director of national intelligence has released make this abundantly clear. Setting aside the legal arguments, the procedural history of the opinions indicates delays on the government’s part, a lack of supervision after the court issues its orders, and a preference for secrecy over public disclosure at any cost. Appointing a special advocate ad litem for the public would ensure that novel legal arguments in the FISA court would face a consistent, steady challenge no matter who the provider is, thereby strengthening the FISA process by subjecting results to checks and balances.

Without such a process, the court and the Department of Justice must work through difficult legal issues with no balancing input. An advocate could participate in all cases involving a new statute or authority or a new interpretation or application of an existing authority. The special advocate could choose the cases in which to be involved, or the court or a provider that receives process could request its involvement where an opposition would be useful to test and evaluate the government’s legal arguments. The special advocate’s office could be established with proper security safeguards to draft, store, and access classified records more efficiently. It could also be required to report to the public and Congress the number of cases it has argued and how often it has limited or pared back the government’s requests. It would provide a vital counterpoint for legislators exercising their oversight duties.

The special advocate would be especially useful in cases in which the government demands access to communications in a way that may have a profound effect on people other than the target, such as when decryption may be involved or when a provider is asked to provide assistance in ways that are unlike traditional wiretaps.

Providing for an advocate in front of the court would also resolve several problems for companies and individuals faced with receiving FISA process or having evidence gathered using that process used against them. The statutory process as it stands now does not necessarily provide for complete transparency or a level playing field for the provider. As the published decision in In re Directives makes clear, a phalanx of 11 government lawyers, including the acting solicitor general of the United States, was involved in defending the statute. The decision also shows that some of the documents relied on by the court of review were classified procedures submitted as part of an ex parte appendix that remains sealed. 551 F.3d at 1013–14.

If an advocate were present in other matters before the FISC, the government and court would be more likely to provide more public information on what challenges have and have not been successful. Public access would also provide litigators with a much greater opportunity to use those challenges in advising and defending their clients. The FISC’s decisions may or may not have been correct, depending on your view, but the secrecy employed up to this point erodes the safeguards built into our adversarial court system. The presence of an advocate would help to ensure that the government cannot continue to keep new opinions classified, unless it is truly in the interest of national security to do so.

Revising FISA is no easy task, and analyzing and responding to the FISA process presents thorny questions. There is one constant throughout the history of surveillance, as was the case in the Church Report and as is the case today with news reports about NSA surveillance: The government will use the surveillance power it is given to its fullest. This article does not opine on when that is and is not appropriate. America’s long history of surveillance and current events demonstrate a need to revise the process and take a hard look at whether courts have the tools to oversee executive branch surveillance and when the executive branch should be allowed to use foreign intelligence procedures. Introducing an advocate to test the government’s theories and surveillance in every case—even the ones it brings ex parte—would go a long way toward ensuring that the American public is not shocked again.

https://www.americanbar.org/publications/litigation_journal/2013-14/spring/fisa_authority_and_blanket_surveillance_gatekeeper_without_opposition.html

Meet Executive Order 12333: The Reagan rule that lets the NSA spy on Americans

July 18, 2014

John Napier Tye served as section chief for Internet freedom in the State Department’s Bureau of Democracy, Human Rights and Labor from January 2011 to April 2014. He is now a legal director of Avaaz, a global advocacy organization.

In March I received a call from the White House counsel’s office regarding a speech I had prepared for my boss at the State Department. The speech was about the impact that the disclosure of National Security Agency surveillance practices would have on U.S. Internet freedom policies. The draft stated that “if U.S. citizens disagree with congressional and executive branch determinations about the proper scope of signals intelligence activities, they have the opportunity to change the policy through our democratic process.”

But the White House counsel’s office told me that no, that wasn’t true. I was instructed to amend the line, making a general reference to “our laws and policies,” rather than our intelligence practices. I did.

Even after all the reforms President Obama has announced, some intelligence practices remain so secret, even from members of Congress, that there is no opportunity for our democracy to change them.

Public debate about the bulk collection of U.S. citizens’ data by the NSA has focused largely on Section 215 of the Patriot Act, through which the government obtains court orders to compel American telecommunications companies to turn over phone data. But Section 215 is a small part of the picture and does not include the universe of collection and storage of communications by U.S. persons authorized under Executive Order 12333.

From 2011 until April of this year, I worked on global Internet freedom policy as a civil servant at the State Department. In that capacity, I was cleared to receive top-secret and “sensitive compartmented” information. Based in part on classified facts that I am prohibited by law from publishing, I believe that Americans should be even more concerned about the collection and storage of their communications under Executive Order 12333 than under Section 215.

Bulk data collection that occurs inside the United States contains built-in protections for U.S. persons, defined as U.S. citizens, permanent residents and companies. Such collection must be authorized by statute and is subject to oversight from Congress and the Foreign Intelligence Surveillance Court. The statutes set a high bar for collecting the content of communications by U.S. persons. For example, Section 215 permits the bulk collection only of U.S. telephone metadata — lists of incoming and outgoing phone numbers — but not audio of the calls.

Executive Order 12333 contains no such protections for U.S. persons if the collection occurs outside U.S. borders. Issued by President Ronald Reagan in 1981 to authorize foreign intelligence investigations, 12333 is not a statute and has never been subject to meaningful oversight from Congress or any court. Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Select Committee on Intelligence, has said that the committee has not been able to “sufficiently” oversee activities conducted under 12333.

Unlike Section 215, the executive order authorizes collection of the content of communications, not just metadata, even for U.S. persons. Such persons cannot be individually targeted under 12333 without a court order. However, if the contents of a U.S. person’s communications are “incidentally” collected (an NSA term of art) in the course of a lawful overseas foreign intelligence investigation, then Section 2.3(c) of the executive order explicitly authorizes their retention. It does not require that the affected U.S. persons be suspected of wrongdoing and places no limits on the volume of communications by U.S. persons that may be collected and retained.

“Incidental” collection may sound insignificant, but it is a legal loophole that can be stretched very wide. Remember that the NSA is building a data center in Utah five times the size of the U.S. Capitol building, with its own power plant that will reportedly burn $40 million a year in electricity.

“Incidental collection” might need its own power plant.

A legal regime in which U.S. citizens’ data receives different levels of privacy and oversight, depending on whether it is collected inside or outside U.S. borders, may have made sense when most communications by U.S. persons stayed inside the United States. But today, U.S. communications increasingly travel across U.S. borders — or are stored beyond them. For example, the Google and Yahoo e-mail systems rely on networks of “mirror” servers located throughout the world. An e-mail from New York to New Jersey is likely to wind up on servers in Brazil, Japan and Britain. The same is true for most purely domestic communications.

Executive Order 12333 contains nothing to prevent the NSA from collecting and storing all such communications — content as well as metadata — provided that such collection occurs outside the United States in the course of a lawful foreign intelligence investigation. No warrant or court approval is required, and such collection never need be reported to Congress. None of the reforms that Obama announced earlier this year will affect such collection.

Without any legal barriers to such collection, U.S. persons must increasingly rely on the affected companies to implement security measures to keep their communications private. The executive order does not require the NSA to notify or obtain consent of a company before collecting its users’ data.

The attorney general, rather than a court, must approve “minimization procedures” for handling the data of U.S. persons that is collected under 12333, to protect their rights. I do not know the details of those procedures. But the director of national intelligence recently declassified a document (United States Signals Intelligence Directive 18) showing that U.S. agencies may retain such data for five years.

Before I left the State Department, I filed a complaint with the department’s inspector general, arguing that the current system of collection and storage of communications by U.S. persons under Executive Order 12333 violates the Fourth Amendment, which prohibits unreasonable searches and seizures. I have also brought my complaint to the House and Senate intelligence committees and to the inspector general of the NSA.

I am not the first person with knowledge of classified activities to publicly voice concerns about the collection and retention of communications by U.S. persons under 12333. The president’s own Review Group on Intelligence and Communication Technologies, in Recommendation 12 of its public report, addressed the matter. But the review group coded its references in a way that masked the true nature of the problem.

At first glance, Recommendation 12 appears to concern Section 702 of the FISA Amendments Act, which authorizes collection inside the United States against foreign targets outside the United States. Although the recommendation does not explicitly mention Executive Order 12333, it does refer to “any other authority.” A member of the review group confirmed to me that this reference was written deliberately to include Executive Order 12333.

Recommendation 12 urges that all data of U.S. persons incidentally collected under such authorities be immediately purged unless it has foreign intelligence value or is necessary to prevent serious harm. The review group further recommended that a U.S. person’s incidentally collected data never be used in criminal proceedings against that person, and that the government refrain from searching communications by U.S. persons unless it obtains a warrant or unless such searching is necessary to prevent serious harm.

The White House understood that Recommendation 12 was intended to apply to 12333. That understanding was conveyed to me verbally by several White House staffers, and was confirmed in an unclassified White House document that I saw during my federal employment and that is now in the possession of several congressional committees.

In that document, the White House stated that adoption of Recommendation 12 would require “significant changes” to current practice under Executive Order 12333 and indicated that it had no plans to make such changes.

All of this calls into question some recent administration statements. Gen. Keith Alexander, a former NSA director, has said publicly that for years the NSA maintained a U.S. person e-mail metadata program similar to the Section 215 telephone metadata program. And he has maintained that the e-mail program was terminated in 2011 because “we thought we could better protect civil liberties and privacy by doing away with it.” Note, however, that Alexander never said that the NSA stopped collecting such data — merely that the agency was no longer using the Patriot Act to do so. I suggest that Americans dig deeper.

Consider the possibility that Section 215 collection does not represent the outer limits of collection on U.S. persons but rather is a mechanism to backfill that portion of U.S. person data that cannot be collected overseas under 12333.

Proposals for replacing Section 215 collection are currently being debated in Congress. We need a similar debate about Executive Order 12333. The order as used today threatens our democracy. There is no good reason that U.S. citizens should receive weaker privacy and oversight protections simply because their communications are collected outside, not inside, our borders.

I have never made any unauthorized disclosures of classified information, nor would I ever do so. I fully support keeping secret the targets, sources and methods of U.S. intelligence as crucial elements of national security. I was never a disgruntled federal employee; I loved my job at the State Department. I left voluntarily and on good terms to take a job outside of government. A draft of this article was reviewed and cleared by the State Department and the NSA to ensure that it contained no classified material.

When I started at the State Department, I took an oath to protect the Constitution of the United States. I don’t believe that there is any valid interpretation of the Fourth Amendment that could permit the government to collect and store a large portion of U.S. citizens’ online communications, without any court or congressional oversight, and without any suspicion of wrongdoing. Such a legal regime risks abuse in the long run, regardless of whether one trusts the individuals in office at a particular moment.

I am coming forward because I think Americans deserve an honest answer to the simple question: What kind of data is the NSA collecting on millions, or hundreds of millions, of Americans?

https://www.washingtonpost.com/opinions/meet-executive-order-12333-the-reagan-rule-that-lets-the-nsa-spy-on-americans/2014/07/18/93d2ac22-0b93-11e4-b8e5-d0de80767fc2_story.html?utm_term=.0be4d4e8beac

A Primer on Executive Order 12333: The Mass Surveillance Starlet

JUNE 2, 2014

Many news reports have focused on Section 215 of the Patriot Act (used to collect all Americans’ calling records) and Section 702 of the Foreign Intelligence Surveillance Act Amendments Act (FAA) (used to collect phone calls, emails and other Internet content) as the legal authorities supporting much of the NSA’s spying regime. Both laws were passed by Congress and are overseen by the Foreign Intelligence Surveillance Court (FISA court). However, it’s likely that the NSA conducts much more of its spying under the President’s claimed inherent powers and only governed by a document originally approved by President Reagan titled Executive Order 12333. The Senate Select Committee on Intelligence is currently conducting a secret investigation into the order, but Congress as a whole—including the Judiciary committee—must release more information about the order to the public.

EO 12333 was first written in 1981 in the wake of Watergate and the Foreign Intelligence Surveillance Act, an act passed by Congress that regulates spying conducted on people located within the United States. Since FISA only covers specific types of spying, the President maintains that the executive branch remains free to spy abroad on foreigners with little to no regulation by Congress.

Executive Order 12333

The Executive Order does three things: it outlines what it governs, when the agencies can spy, and how they can spy. In broad strokes, the Executive Order mandates rules for spying on United States persons (a term that includes citizens and lawful permanent residents wherever they may be) and on anyone within the United States. It also directs the Attorney General and others to create further policies and procedures for what information can be collected, retained, and shared.

The first section of the order covers the role of every agency conducting intelligence in the Intelligence Community, which includes seventeen different agencies, including well-known entities like the Central Intelligence Agency (CIA) and the NSA, and lesser-known entities like the Office of Terrorism and Financial Intelligence in the Department of Treasury. The roles vary by agency. For instance, the NSA is, among other things, responsible for “collection, processing and dissemination of signals intelligence,” while the CIA is responsible for “national foreign intelligence.

The Information Collected

The Executive Order purports to cover all types of spying conducted with the President’s constitutional powers—including mass spying. That’s important to note because some of the spying conducted under EO 12333 is reportedly similar to the mass spying conducted under Section 702 of the FAA. Under this type of spying, millions of innocent foreigners’ communications are collected abroad, inevitably containing Americans’ communications. In the Section 702 context, this includes techniques like Prism and Upstream. While we don’t know for sure, the Executive Order probably uses similar techniques or piggybacks off of programs used for Section 702 spying.

The second section of the EO partly covers mass spying by establishing what information intelligence agencies can collect, retain, and share about US persons. The current guidelines, the United States Signals Intelligence Directive SP0018, also known as “USSID 18,” are (just like the “minimization procedures” based off of them) littered with loopholes to over-collect, over-retain, and over-share Americans’ communications—all without a probable cause warrant or any judicial oversight.

Defenders (.pdf) of the mass spying conducted under the Executive Order point out the order “protects” such US person information with guidelines like USSID 18, but such protections are window-dressing, at best. Policies like USSID 18 and other accompanying Executive Order guidelines such as the “Special Procedures Governing Communications Metadata Analysis” allow for extensive use of US person information and data without a probable cause warrant. Indeed, news reports and Congressional testimony confirm the “Special Procedures” are used to map Americans’ social networks. The procedures are clear evidence the government believes that Fourth Amendment’s protections stop at the border.

Uses of Executive Order 12333

We do know a little about the spying conducted using EO 12333, but more must be revealed to the public. One early news report revealed it was the NSA’s claimed authority for the collection of Americans’ address books and buddy lists. It’s also involved in the NSA’s elite hacking unit, the Tailored Access Operations unit, which targets system administrators and installs malware while masquerading as Facebook servers. And in March, the Washington Postrevealed the order alone—without any court oversight—is used to justify the recording of “100 percent of a foreign country’s telephone calls.” The NSA’s reliance on the order for foreign spying includes few, if any, Congressional limits or oversight. Some of the only known limits on Executive spying are found in Executive procedures like USSID 18, the metadata procedures discussed above, and probably other still-classified National Security Policy Directives, none of which have been publicly debated much less approved by Congress or the courts.

The extent of the NSA’s reliance on Executive Order 12333 demands that the government release more information about how the order is used, or misused. And Congress—specifically the Judiciary and Intelligence committees—must reassert the same aggressive and diligent oversight they performed in the 1970s and 1980s.

https://www.eff.org/deeplinks/2014/06/primer-executive-order-12333-mass-surveillance-starlet

Maintaining America’s Ability to Collect Foreign Intelligence: The Section 702 Program

May 13, 2016 21 min read Download Report

Authors:Paul Rosenzweig, Charles Stimson andDavid Shedd

Select a Section 1/0

Section 702 of the Foreign Intelligence Surveillance Act (FISA) will, in its current form, come up for reauthorization in 2017. Broadly speaking, the Section 702 program targets non-U.S. persons reasonably believed to be located outside the United States, in order to acquire foreign intelligence. Over the past several years, this surveillance of the online activities of foreigners has been a critical and invaluable tool for American intelligence professionals and officials. Knowledgeable officials note that more than 25 percent of all current U.S. intelligence is based on information collected under Section 702.[1]

Still, there are those who have concerns about the program. These critics believe that the program, as currently implemented, infringes on Americans’ rights. Their concern hinges on the inevitable reality that in the course of collecting information about foreign actors, the Section 702 program will also collect information about American citizens. As a result, some opponents liken the Section 702 program to the government telephony metadata program disclosed by Edward Snowden, and characterize Section 702 as an instance of government overreach.[2] Such comparisons are misguided and unfair. The program is so vital to America’s national security that Congress should reauthorize Section 702 in its current form.

Section 702 Explained

Section 702 has its origins in President George W. Bush’s terrorist surveillance program and the Patriot Act. That program was initiated in the immediate aftermath of the 9/11 terror attacks, on the President’s own authority. That reliance on exclusive presidential authority contributed to the controversy that initially attended the program—some vocal critics saw it as an example of executive overreach.

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That aspect of the criticism was significantly ameliorated, if not eliminated, several years later, when Congress fully discussed and authorized the activities in question. Indeed, the governing law was adopted and amended twice, after the program had been initiated on the President’s own authority. First, Congress adopted a temporary measure known as the Protect America Act in 2007.[3] Then, it passed the FISA Amendments Act (FAA) in 2008. This is the statute that includes the new Section 702.[4]

Under Section 702, the U.S. Attorney General and the Director of National Intelligence (DNI) may jointly authorize surveillance of people who are not “U.S. persons.” U.S. persons is a term of art in the intelligence community (IC) that means people who are not only American citizens but also covers permanent-resident aliens. As such, the targets of Section 702 surveillance can be neither citizens nor permanent residents of the U.S.

Section 702 authorizes the government to acquire foreign intelligence by targeting non-U.S. persons “reasonably believed” to be outside U.S. borders. Taken together, these two requirements identify the fundamental domain of Section 702 surveillance: it applies to foreigners on foreign soil. It is expressly against the law to attempt collection of information from targets inside the U.S.—whether Americans or foreigners—or to deliberately target the collection of online communications of American citizens.[5]

The law also requires the government to develop “targeting procedures”—the steps the government needs to take in order to ensure that the target is outside the United States at any time that electronic surveillance is undertaken. Obviously, that is sometimes difficult. A cell phone number, for instance, remains the same whether the phone is physically overseas or in the U.S., and the fact that someone has a U.S. cell phone number does not necessarily indicate whether the owner or user of that cell phone is a foreigner or an American. Hence, targeting must be tied to the geolocation of a phone and some knowledge about the owner/user, rather than solely to the phone’s number. Ultimately, it is the targeting procedures, not the targets themselves, that must be approved by the U.S. Foreign Intelligence Surveillance Court (FISC).[6]

To conduct this surveillance, the government can compel assistance from Internet service providers (ISPs) and telephone companies in acquiring foreign intelligence information—that is, information relating to a foreign espionage program or international terrorism. The government often compensates these providers for the necessary effort. According to The Washington Post, the payments range from $250 million to nearly $400 million annually.[7] Some critics of the program suspect that as a result, surveillance turns from a legal obligation to a source of income. Finally, it is important to note that not only regulated carriers, such as traditional cable and telephone companies (such as AT&T or Verizon), are required to participate, but also newer technology companies to include Google, Facebook, and Skype.

The Incidental Collection Issue

If that were all that the 702 program involved, it would likely not be particularly controversial. Few Americans have expressed grave concerns about America’s overseas intelligence collection. Significantly, the 702 program cannot be used to target any U.S. person or any person located in the U.S., whether that person is an American or a foreigner. The government is also prohibited from “reverse targeting” under 702—that is, the government cannot target a non-U.S. person outside the U.S. when the real interest is to collect the communications of a person in the U.S. or of any U.S. person, regardless of location.

But a residual issue arises because of the inevitability of inadvertent collection—the incidental collection of information about Americans as part of the authorized collection of foreign intelligence.

To see why this happens, one needs to understand two distinct aspects of the Section 702 program: one portion that goes by the name of PRISM, and another that is referred to colloquially as “upstream collection.”[8]

PRISM collection is relatively straightforward. A hypothetical can explain: The government has information about a particular e-mail address, or a particular individual, linking it or him to a foreign terrorist organization. That address (john.doe@xyz.com) or that individual’s name (John Doe) is known as a “selector”; it is a basis for sifting through vast quantities of data, and selecting what will be collected and analyzed.

The Attorney General and the DNI certify the selector as relating to a non-U.S. person who is outside the United States, and who is reasonably believed to be connected to a foreign intelligence activity. Then, the National Security Agency (NSA) sends a query about that selector to an ISP. The ISP, in turn, is required to hand over to the government any communications it might have that were sent to—or from—the identified selector. The NSA receives all data collected through PRISM, and makes portions of it available to the CIA and the FBI.

Upstream collection, by contrast, does not focus on the ISP. Instead, it focuses on the “backbone,” through which all telephone and Internet communications travel, which lies “upstream” within the telecommunications infrastructure. For example, an individual’s ISP might be a local company, while the backbone that carries its Internet traffic across the ocean to Europe is almost certainly operated by a larger provider, such as Verizon or AT&T.

There are several additional differences that distinguish upstream collection from PRISM. Most notably, upstream collection can involve “about” communications. “About” communications refer to selectors that occur within the content of the monitored communication, instead of, in the example of e-mail, in the “To” or “From” line.

So, if the government were using a name—John Doe—as a selector, under the upstream collection program, it would also collect foreign intelligence–related communications in which that name appeared in the body of the communication. Say, for example, that two al-Qaeda members are communicating via e-mail, and one says to the other: “We should recruit Doe.” That e-mail would be subject to upstream collection and would be a good example of an “about” communication. The e-mail is about Doe. Under the PRISM program, by contrast, the government would collect e-mails to and from the user name, and nothing more.

As should be evident, in some cases, these programs might result unintentionally in the collection of information about an American. If two Americans are communicating domestically in an exchange that names a foreign intelligence target (say, an e-mail that mentions an al-Qaeda operative by name), that e-mail might be incidentally collected by upstream collection. Likewise, an e-mail between two terrorist targets might be collected that incidentally includes information not only about legitimately identified U.S. persons (the recruit target John Doe), but also others. An e-mail might also mention Mary Doe—even though no evidence exists of any connection between Mary Doe and a foreign intelligence matter.

This prospect of collecting American data led Congress to include certain requirements that would reduce, though not entirely eliminate, the possibility that the data could be misused. Under the FAA, when information is collected about an American, whether incidentally as part of an authorized investigation, or inadvertently as the result of a mistake, the government is required to apply FISC-approved “minimization” procedures to determine whether such information may be retained or disseminated.

When lawyers and intelligence professionals use the word “minimization” in the context of intelligence collection, it means that any information inadvertently collected on a U.S. person is retained (if at all) only for a limited time, and that information about Americans is used and revealed and further disseminated only under narrowly defined circumstances. Minimization requirements may also mean deleting the information entirely. As with the targeting procedures, these minimization procedures are approved by the FISC—but again, the approval is for the entire system of minimization, not for each individual case.

So, for example, under these minimization rules, the NSA, CIA, and FBI are subject to certain limitations in how they are permitted to query and analyze the data they have lawfully collected. For example, they must demonstrate a reasonable likelihood that targeting a particular item in the information collected will result in the development of foreign intelligence. In other words, the rules limit when a U.S. person can be targeted for examination, and how long data about an American can be retained before it is deleted.

The Effectiveness of Section 702

With that background in mind, it is useful to turn to more practical questions about the program: Does it work? Is it being abused?

The public record suggests that the Section 702 program has indeed helped in the fight against terrorism. Classified records might provide additional support for this conclusion but they are unavailable to us.[9] The Privacy and Civil Liberties Oversight Board (PCLOB)—a bipartisan panel in the executive branch that reviews actions the executive branch takes to protect the country from terrorism, and also monitors civil liberty concerns—has reported that more than one-quarter of NSA reports on international terrorism include information that is based in whole, or in part, on data collected under the Section 702 program.

The PCLOB found that the 702 program “makes a substantial contribution to the government’s efforts to learn about the membership, goals, and activities of international terrorist organizations, and to prevent acts of terrorism from coming to fruition.”[10] Additionally, the program has “led the government to identify previously unknown individuals who are involved in international terrorism, and it has played a key role in discovering and disrupting specific terrorist plots aimed at the United States and other countries.”[11]

Although the details supporting these findings are classified, the board has also said that the program has played a role in discovering, and disrupting, specific terrorist plots aimed at the United States by enabling the government to identify previously unidentified individuals involved in international terrorism.[12] Additionally, the U.S. House of Representatives Permanent Select Committee on Intelligence (HPSCI) has posted three declassified examples from the NSA that involved the effective use of Section 702 collection in 2009: the New York City Subway Attack Plot; the Chicago Terror Investigation; and Operation Wi-Fi.

A few critics of the 702 program have disputed its actual impact in the New York City Subway Attack Plot and the Chicago Terror Investigation. TheGuardian interviewed several people who were involved in the two investigations and reviewed U.S. and British court documents.[13] Based on this incomplete record, The Guardian concluded that these investigations began with “conventional” surveillance methods—such as “old-fashioned tip-offs” of the British intelligence services—rather than from leads produced by NSA surveillance.

But the fact remains that current and former intelligence officials, members from both political parties across two Administrations, national security law experts in the private sector, and the PCLOB maintain that 702 has been and continues to be a very important intelligence tool for overseas intelligence collection.

Section 702 Criticisms v. Facts

Some of the criticisms of Section 702 are little more than philosophical objections to the concept of overseas surveillance.

Setting aside those concerns, there are other specific criticisms, each of which lacks merit. For example, there has been criticism that there is no significant publicly available data on how little, or how much, incidental collection there is about U.S. persons. Such data would be helpful to know in assessing the program. According to the PCLOB, in 2013 the NSA approved 198 U.S. person identifiers to be used as content query terms. The real issue is the frequency with which U.S. persons’ information was collected incidentally to the general foreign intelligence mission, and what is done with the information. After all, if the volume of incidental collection even remotely came close to what is collected as useful data on terrorism activities, including threats, skepticism about Section 702’s efficacy would be warranted.

Given that the targets of Section 702 collection are non-U.S. persons reasonably believed to be located overseas, it can reasonably be inferred that the predominant portion of the collected data does not contain U.S. person information. Although it would be useful to have an accurate estimate of how much incidental U.S. person information actually resides within the remaining portion of the data collected under the Section 702 program, it has proved very difficult to find any solution that would provide such an estimate. The first problem is that the collected data is often not readily identifiable as being associated with a U.S. person and would require the application of additional scarce technological and analytic resources in an effort to make those associations. The second problem is that the targets of the Section 702 collection efforts do not always communicate with persons of foreign intelligence interest. Ironically, an effort to ascertain an accurate estimate of non-pertinent U.S. person information lying dormant in the collected data is inconsistent with the purpose of Section 702, which is to identify foreign intelligence information. Such an effort to provide an estimate would result in more invasive review of U.S. person information.

FISA itself takes a more practical approach in attempting to understand the potential U.S. person privacy implications raised by Section 702 collection. It requires the head of each element of the Intelligence Community to conduct an annual review and to provide an accounting of the references to U.S. persons in intelligence reporting.[14] This outcome-based approach focuses on the U.S. person information that is actually being seen by the Intelligence Community, in order to assess whether there is any prejudicial impact on privacy rights. Also, the Office of the Director of National Intelligence (ODNI) recently released its “Statistical Transparency Report Regarding Use of National Security Authorities–Annual Statistics for Calendar Year 2015.”[15] The report estimates that 94,368 non-U.S. persons are targets of Section 702 collection. By comparison, the report estimates that the IC used 4,672 known U.S. person search terms in 23,800 queries of the lawfully collected Section 702 data. The report also notes that in 2015, the NSA disseminated 4,290 Section 702 intelligence reports that included U.S. person information. Of those reports, the U.S. person information was masked in 3,168 reports and unmasked in 1,122 reports. The remaining major criticisms of the 702 program are more systematic and definitional. One critique is that the government uses too broad a means in its first stage of collection, which is then followed by a more refined collection of data.[16] Judge Thomas F. Hogan of the FISC has described the program more accurately: “While in absolute terms, the scope of acquisition under Section 702 is substantial, the acquisitions are not conducted in a bulk or indiscriminate manner. Rather they are effected through…discrete targeting decisions for individual selectors.”[17]

Another complaint about the Section 702 program is that U.S. person data is retained—at least partially—at all. Under current rules, when the U.S. government targets someone abroad, it is not required to discard the incidentally collected communications of U.S. persons—if authorities conclude that those conversations constitute foreign intelligence.

In that event, even incidental conversations by or about U.S. persons may be retained. And the threshold for querying a U.S. person within the data collected is relatively low. To affirmatively query the data collected about a U.S. person, all that is needed is a determination that the search is reasonably likely to return foreign intelligence information. “Reasonably likely” is an especially easy standard to meet. It does not, for example, require any particularized suspicion that the U.S. person who is subject of the inquiry is engaged in any wrongdoing himself.

For that reason, a Presidential Review Board, as well a few Members of Congress, believe that Section 702 collection on Americans goes too far.[18] The program, they argue, is permissible and lawful without individual case supervision or a warrant requirement precisely because it targets non-Americans. So they contend that when the communications of U.S. persons are queried, probable cause and warrant requirements should apply. Any loophole that allows that particular querying should be closed because the government should not be able to obtain “back door” evidence against U.S. persons that it could otherwise only obtain with judicial approval.

But there is no “back door” here—a query does not collect any additional data. The FISC specifically holds that the 702 collection is constitutional and entirely consistent with the Fourth Amendment’s protections. The court found that “the querying provisions of the FBI Minimization Procedures strike a reasonable balance between the privacy interests of U.S. persons and persons in the United States, on the one hand, and the government’s national security interests, on the other.”[19] Even the fact that the “FBI’s use of those provisions to conduct queries designed to return evidence of crimes unrelated to foreign intelligence” did “not preclude the Court from concluding that taken together, the targeting and minimization procedures submitted with the 2015 Certifications are consistent with the requirements of the Fourth Amendment.”[20]

Obviously, Congress itself did not agree with these systematic and definitional complaints. While the focus of Section 702 collection is on non-U.S. persons located overseas, one of the specifically intended benefits of Section 702 was its ability to provide tip and lead information about persons in the United States who might be conspiring with overseas terrorists. This limited information might prove useful in helping to establish the probable cause necessary to obtain full surveillance coverage of these domestic suspects. It is also important to understand that the response to complaints about the theoretical possibility of abuse under FISA revolves around tight controls. The PCLOB found little evidence of abuse of the Section 215 metadata program, and in the case of Section 702 implementation found virtually no intentional misuse of the collection authorities where U.S. persons were concerned:

Over the years, a series of compliance issues were brought to the attention of the FISA court by the government. However, none of these compliance issues involved significant intentional misuse of the system. Nor has the Board seen any evidence of bad faith or misconduct on the part of any government officials or agents involved with the program. Rather, the compliance issues were recognized by the [FISA] court—and are recognized by the Board—as a product of the program’s technological complexity and vast scope, illustrating the risks inherent in such a program.[21]

Similarly, the PCLOB included a section in its 702 report called “Compliance Issues.” According to the PCLOB, the few instances of error in the administration of the 702 program were infrequent and mainly minor and administrative in nature. That is why the PCLOB found that “internal and external compliance programs have not to date identified any intentional attempts to circumvent or violate the procedures or the statutory requirements, but both unintentional incidents of noncompliance and instances where Intelligence Community personnel did not fully understand the requirements of the statute.”[22]

In other words, all of the errors in the program were accidental or due to mistakes. None was the product of intentional misconduct. Indeed, the non-compliance incident rate has been substantially below 1 percent, according to the PCLOB.[23] Over half of the reported incidents involved instances in which the “NSA otherwise complied with the targeting and minimization procedures in tasking and de-tasking a selector, but failed to make a report to the NSD and ODNI” in a timely fashion.[24]

Two other common reasons why compliance errors occurred are that: (1) the wrong selector was tasked due to a typographical error, or (2) a delay in de-tasking (removing the selector) resulted when an analyst de-tasked some, but not all, of the Section 702-tasked selectors placed on a non-U.S. person target known to be traveling to the United States.[25]

Taken together, these minor administrative errors accounted for “almost 75% of the compliance incidents,” according to the PCLOB.[26]

Section 702: Constitutional and Lawful

One last aspect of Section 702 needs to be addressed: the suggestion that the program might in some way be unconstitutional or unlawful. This Backgrounder concludes that relevant case law firmly supports the constitutionality and legality of the Section 702 program. To support this conclusion, we provide a brief history of relevant case law.

The predicate case is United States v. United States District Court,[27] sometimes known as the Keith case, after Judge Damon Keith, the federal district court judge who oversaw the case.

The case hearkens back to an era of protest and civil unrest in the United States. It involved several leaders of the so-called White Panther Party—a white supremacist group—who were charged with bombing a CIA office in Ann Arbor, Michigan, in 1968. Their phones were wiretapped by order of U.S. Attorney General John Mitchell, who served under President Richard Nixon. Mitchell said that no warrant was required to authorize the interception, because the defendants posed a “clear and present danger to the structure or existence of the government.”

Judge Keith responded that the Attorney General’s rationale was insufficient, and ruled that warrantless interception and surveillance of domestic conversations was unconstitutional. When the case reached the Supreme Court, the justices agreed with Judge Keith, establishing as precedent the idea that a warrant was needed before electronic surveillance commenced, even if the domestic surveillance was related to national security.

As Justice Lewis Powell said in writing for the Court, the “price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power.” Justice Powell continued, “Nor must the fear of un-authorized official eavesdropping deter vigorous citizen dissent and discussion of government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.”

Notably, however, the Court limited its holding to domestic surveillance, and said that different rules might apply when the surveillance occurred outside the United States, or was directed at a foreign power—or at non-Americans. Regarding surveillance of non-Americans overseas, courts around the country have agreed with the implicit suggestion of the Supreme Court, holding that surveillance for foreign intelligence purposes need only be reasonable (and that a warrant is not required).[28] That distinction—between domestic and foreign surveillance—is preserved in FISA, which allows more relaxed FISA procedures (for which a criminal warrant was not required) only when the purpose of the investigation is to collect foreign intelligence.

In Vernonia School District 47J v. Acton, the Supreme Court upheld the drug testing of high school athletes and explained that the exception to the warrant requirement applied “when special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirements impracticable.”[29] Although Vernonia was not a foreign intelligence case—far from it—the principles from the Court’s “special needs” cases influenced later cases in the national security context.

In “In re: Sealed Case,” the United States Foreign Intelligence Surveillance Court of Review held that FISA did not require the government to demonstrate to the FISA court that its primary purpose in conducting electronic surveillance was not criminal prosecution and, significantly, the PATRIOT Act’s amendment to FISA, permitting the government to conduct surveillance of agents of foreign powers if foreign intelligence was the “significant purpose” of the surveillance, did not violate the Fourth Amendment.[30] The court avoided an express holding that a foreign intelligence exception exists, but held that FISA could survive on reasonableness grounds.

In 2008, “In re: Directives Pursuant to Section 105B of FISA” applied the principles derived from the special needs cases to conclude that the foreign intelligence surveillance authorized by the Protect America Act possesses characteristics that qualify it for a foreign intelligence exception to the warrant requirement of the Fourth Amendment.[31]

Notably, the “In re: Directives” decision cites a Fourth Circuit opinion for the proposition that there is a high degree of probability that requiring a warrant would hinder the government’s ability to collect time-sensitive information and thus impede vital national security interests.[32]

In April 2016, the first decision addressing the constitutionality of upstream collection under Section 702 was publicly released. The FISA court issued a declassified opinion[33] in which it concluded that use of information collected under Section 702 authority for domestic investigations satisfied both constitutional standards and was within the statutory bounds of the FISA Amendments Act. Notably, for purposes of this discussion, the court reached this conclusion after having had the benefit of a public advocate who articulated a position contrary to that of the government.[34] Judge Hogan cites “In re: Directives” in support of the proposition that the Fourth Amendment does not require the government to obtain a warrant to conduct surveillance in order “to obtain foreign intelligence for national security purposes [that] is directed against foreign powers or agents of foreign powers reasonably believed to be located outside of the United States.”

Section 702: Continuing Improvements

On February 5, 2016, the PCLOB issued its “Recommendations Assessment Report.” The purpose of the report was to assess whether the DNI had responded appropriately to recommendations it had made for the improvement of the program.

The DNI had taken action to the PCLOB recommendations. Indeed, with respect to the 10 recommendations relating to the Section 702 program, the PCLOB Recommendations Assessment Report determined that five recommendations have been fully implemented; one has been substantially implemented; three are in the process of being implemented; and one has been partially implemented.[35]

The historical record demonstrates the effectiveness of both the PCLOB’s oversight function and the responsiveness of the DNI to its recommendations—a win-win story in the new age of intelligence oversight.[36]

Conclusions

First, Section 702 is constitutional, statutorily authorized, and carefully constructed to address a vital U.S. national security requirement: the collection of vital information relating to foreign threats.

Second, it seems clear that, in light of careful scrutiny by the PCLOB, the specter of alleged abuse of the program is more theoretical than real.

Third, the Section 702 program has great current utility and provides invaluable intelligence of practical impact and not replaceable by other means of collection.

The benefits of the Section 702 program greatly outweigh its (theoretical) costs and the program should continue as currently authorized. Indeed, the record suggests that the 702 Program is invaluable as a foreign intelligence collection tool. The fruits of the program constitute more than 25 percent of the NSA’s reports concerning international terrorism. It has clearly defined implementation rules and robust oversight by all three branches of government, and is a necessary tool for defending the nation.

Congress should reauthorize 702 in its entirety. There is no need for a further sunset of the act’s provisions, as it has demonstrated its usefulness; and an arbitrarily forced reconsideration by Congress is unnecessary, a waste of time and money, and at the expense of national security.

The program can, and should, be implemented in a manner that is consistent with American values. To quote General Michael Hayden, former director of the NSA and former CIA director:

[A]n American strategy for cyberspace must reflect and serve our ideals. In our zeal to secure the internet, we must be careful not to destroy that which we are trying to preserve, an open, accessible, ubiquitous, egalitarian, and free World Wide Web. There are nations—like Iran, China, Russia and others—who view precisely those attributes as the very definition of cyber security threats. Their concern is not digital theft, but the free movement of ideas. We must take care that in our efforts to prevent the former, we do not legitimize their efforts to prevent the latter.[37]

A properly configured Section 702 program has met that challenge to the benefit of the American public. At a time when international terrorism is on the rise, the United States must have a lawful, robust foreign intelligence capability.

—David R. Shedd is a Visiting Distinguished Fellow in the Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy, Paul Rosenzweig is a Visiting Fellow in the Douglas and Sarah Allison Center for Foreign Policy, of the Davis Institute, and Charles D. Stimson is Manager of the National Security Law Program and Senior Legal Fellow in the Center for National Defense, of the Davis Institute, at The Heritage Foundation.

JUNE 06, 2017 5:27 PM

Republicans worried about leaks consider cutting back surveillance authority

 

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The Pronk Pops Show 893, May 15, 2017, Story 1: World Wide Ransom Ware Demands Spreading To Over 150 Countries — Huge Hacker Holdup Using Exploit of Security Flaw In Microsoft XP Operating System — Used Code Developed By U.S. National Security Agency (NSA) — Running Sacred — Crying — It’s Over — Videos — Story 2: American People Demand Congress Appoint Special Prosecutor — Investigate Obama’s Administration Use of Intelligence Community (NSA, CIA, FBI, …) Warrantless Surveillance of Both Democrat and Republican Presidential Candidates — The Use Intelligence Information For Political Purposes Is A Felony! — Videos

Posted on May 15, 2017. Filed under: American History, Applications, Blogroll, Breaking News, Computer, Computers, Corruption, Crime, Donald J. Trump, Donald Trump, Hardware, History, Human, Law, Life, Media, Networking, Privacy, Raymond Thomas Pronk, Science, Security, Servers, Social Science, Software, Wealth, Wisdom | Tags: , , , , , , |

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Story 1: Huge Hacker Holdup — Cyber extortion Attack — NSA Ransom War — Running Sacred — Crying — It’s Over — VideosImage result for ransome ware attackImage result for bitcoinImage result for cartoons ransom ware attackImage result for ransome ware attack list of countries and companies

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 New version of ransomware worm expected

Cyber Attack: Ransomware causing chaos globally – BBC News

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BREAKING***100 Countries Massive Global Ransomware Attack Used NSA Hacking Tool

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The Truth About Ransomware – Webinar

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NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower William Binney: The Future of FREEDOM

ROY ORBISON – CRYING – LIVE 1988

Roy Orbison – “Running Scared” from Black and White Night

Roy Orbison – Crying (Monument Concert 1965)

Roy Orbison – It’s Over (Monument Concert 1965)

Roy Orbison – “It’s Over” from Black and White Night

Worldwide ransomware attacks: What we know so far

May 15, 2017
AUTHOR: LILY HAY NEWMAN. SECURITY

HOW AN ACCIDENTAL ‘KILL SWITCH’ SLOWED FRIDAY’S MASSIVE RANSOMWARE ATTACK

Cybersecurity Experts’ First Task: Find Out How Virus Spread

Investigators think a computer outlet that isn’t supposed to be connected to the internet was a possible vector for WannaCry

The virus, dubbed WannaCry, is a two-part virus. One part is ransomware, which locks computer files and demands online payment to unlock them. The other part spreads it.

The virus, dubbed WannaCry, is a two-part virus. One part is ransomware, which locks computer files and demands online payment to unlock them. The other part spreads it. PHOTO: RITCHIE B. TONGO/EUROPEAN PRESSPHOTO AGENCY

Government investigators and private cybersecurity firms are trying to find out how a virus managed to spread around the globe over the weekend, which would give them their best chance to identify the mastermind behind the cyberattacks.

Investigators have already ruled out phishing—tricking someone into opening a seemingly legitimate email attachment that actually contains the virus—as a possible tactic. One of their hypotheses centers on something called port 445, an outlet that isn’t supposed to be connected to the internet.

The race is on to identify patient zero, or the first known infection of the virus, to find clues that could lead back to the hacker.

The attacks appear to have largely abated Monday, despite fears that a new workweek would trigger a second wave. Cybersecurity experts see fewer infections compared with Friday, when the onslaught started.

“We think the initial fire is put out,” said Rob Holmes, vice president of products at Proofpoint, a Silicon Valley company with virus sensors at major corporations and telecom companies.

The virus, dubbed WannaCry, is a two-part virus. One part is ransomware, which locks computer files and demands online payment to unlock them. The other part is a “spreader,” which transmits WannaCry to all other computers on a network. It attacks machines running Microsoft Corp.’s Windows systems that don’t have up-to-date security patches.

Mr. Holmes said 95% of ransomware attacks use the relatively unsophisticated technique of phishing.

A European Union cybersecurity agency published a report Monday, which said early indications pointed to emails containing WannaCry-infected Microsoft Office documents as the attacker’s weapon. But it quickly amended the report, saying phishing probably wasn’t involved.

If it had been a phishing attack, organizations would have found the offending email by now and described it to the public, cybersecurity experts said.

Now there are two main hypotheses as to how WannaCry could have wormed its way into a computer. One theory centers on port 445.

Imagine a network of 100 computers. These computers communicate with each other through digital roads. One of the roads is port 445, and it is usually reserved for Windows-running computers to transfer files to each other, or to send stuff to the printer, said Becky Pinkard, a vice president at cybersecurity firm Digital Shadows.

Authorities know WannaCry spread itself within a network using the port 445 roads. But how did it get there in the first place? Port 445 roads connect computers within a network, but it was thought to be walled off from the internet and outside world. Now investigators are trying to determine whether port 445’s wall has a hole that WannaCry wiggled through.

“Most researchers tend to believe at the moment that it spreads initially through vulnerable computers exposing port 445 on the internet,” the updated EU agency report said.

There is another theory. Ms. Pinkard said an employee could have taken an office-issued laptop to a coffee shop or hotel and logged onto the venue’s unsecure internet network. If that laptop doesn’t have the antivirus protections that networks at big organizations typically have, a hacker could’ve slipped WannaCry onto the device. When the employee brings the laptop back to the office and connects it to the network, bam: WannaCry spreads itself via port 445.

Companies can protect laptops from this with commercially available protection software, Ms. Pinkard said.

If researchers can find the original WannaCry victim, they might be able to trace the signature of the attacker who delivered the virus via an internet-protocol address, or IP address. “If I were law enforcement, I would be working to find who was the very first company impacted,” Ms. Pinkard said. “I would knock at the door and be asking, ‘Can I look at your logs?’ ”

The problem is that the IP address could lead to another IP address, which would lead to another IP address, and so on. “It’s a very slow and painful process,” Ms. Pinkard said.

Cybersecurity experts said that, even though some of the world’s smartest minds are on the case, it could take months or years to find the mastermind—if they find the attacker at all.

A parallel hunt would be following the money. WannaCry asked for ransom to be delivered via a digital currency called bitcoin. About 124 payments totaling about $34,000, or a little less than $300 each, went to the attacker as of Sunday afternoon, said bitcoin-analytics-firm Chainalysis. Every bitcoin transaction is recorded on an online ledger. But finding out the individual behind each transaction is difficult because users’ identities are well encrypted.

“There’s going to be a paper trail,” said Brian Knight, a George Mason University specialist in financial technology. “Whether it can be deciphered is a separate question.”

https://www.wsj.com/articles/cybersecurity-experts-first-task-find-out-how-virus-spread-1494868250

The cyberattacks started Friday and spread rapidly around the globe using a security flaw in Microsoft’s Windows XP operating system

The cyberattacks started Friday and spread rapidly around the globe using a security flaw in Microsoft’s Windows XP operating system

 Security agencies are hunting for those behind a crippling cyberattack which has so far hit hundreds of thousands of computers worldwide, including at government agencies, factories and health services.

Here is what we know so far about the cyber ransom attacks:

– What happened? –

The cyberattacks started Friday and spread rapidly around the globe using a security flaw in Microsoft’s Windows XP operating system, an older version that is no longer given mainstream tech support by the US giant.

The so-called WannaCry ransomware locks access to user files and in an on-screen message demands payment of $300 (275 euros) in the virtual currency Bitcoin in order to decrypt the files.

Victims have been advised by security experts not to pay up.

The attack is unique, according to policing agency Europol, because it combines ransomware with a worm function, meaning once one machine is infected, the entire internal network is scanned and other vulnerable machines are infected.

– Who has been affected? –

Europol chief Rob Wainwright said computer systems in more than 150 countries were hit, with the majority of organisations affected over the weekend in Europe.

But as Asia woke up to the working week on Monday, leading Chinese security-software provider Qihoo 360 said “hundreds of thousands” of computers in the country were hit at nearly 30,000 institutions including government agencies.

In Japan, a spokesman for Hitachi said the conglomerate discovered problems on Monday morning and its computer networks were “unstable”.

Other high-profile victims include hospitals in Britain, the Spanish telecoms giant Telefonica, French carmaker Renault, US package delivery company FedEx, Russia’s interior ministry and the German rail operator Deutsche Bahn.

– Where did the malware come from? –

Brad Smith, Microsoft’s president and chief legal officer, said in a blog post Sunday that the culprits used a code developed by the US National Security Agency.

It was leaked as part of a document dump, according to researchers at the Moscow-based computer security firm Kaspersky Lab.

Smith warned governments against stockpiling such vulnerabilities and said instead they should report them to manufacturers — not sell, store or exploit them, lest they fall into the wrong hands.

“An equivalent scenario with conventional weapons would be the US military having some of its Tomahawk missiles stolen,” Smith wrote.

“The governments of the world should treat this attack as a wake up call.”

– Who was behind the attack? –

Europol said on Monday it was continuing to hunt for the culprits behind the unprecedented attack.

The agency’s senior spokesman Jan Op Gen Oorth said it was still “a bit early too say who is behind it, but we are working on a decrypting tool”.

Experts think it unlikely to have been one person, with criminally minded cyber crime syndicates nowadays going underground and using ever more sophisticated encryption to hide their activities.

– How can people protect their computers? –

Microsoft took the unusual step of reissuing security patches first made available in March for Windows XP and other older versions of its operating system.

Kaspersky said it was seeking to develop a decryption tool “as soon as possible”.

Europol said European companies and governments had heeded warnings and as a result avoided further fallout from the ransomware.

“It seems that a lot of internet security guys over the weekend did their homework and ran the security software updates,” Jan Op Gen Oorth told AFP.

https://www.yahoo.com/tech/worldwide-ransomware-cyberattacks-know-152751340.html

Dozens of countries hit by huge cyberextortion attack

NEW YORK (AP) — Dozens of countries were hit with a huge cyberextortion attack Friday that locked up computers and held users’ files for ransom at a multitude of hospitals, companies and government agencies.

It was believed to the biggest attack of its kind ever recorded.

The malicious software behind the onslaught appeared to exploit a vulnerability in Microsoft Windows that was supposedly identified by the National Security Agency for its own intelligence-gathering purposes and was later leaked to the internet.

Britain’s national health service fell victim, its hospitals forced to close wards and emergency rooms and turn away patients. Russia appeared to be the hardest hit, according to security experts, with the country’s Interior Ministry confirming it was struck.

All told, several cybersecurity firms said they had identified the malicious software, which so far has been responsible for tens of thousands of attacks, in more than 60 countries. That includes the United States, although its effects there didn’t appear to be widespread, at least initially.

The attack infected computers with what is known as “ransomware” — software that locks up the user’s data and flashes a message demanding payment to release it. In the U.S., FedEx reported that its Windows computers were “experiencing interference” from malware, but wouldn’t say if it had been hit by ransomware.

Mikko Hypponen, chief research officer at the Helsinki-based cybersecurity company F-Secure, called the attack “the biggest ransomware outbreak in history.”

Security experts said the attack appeared to be caused by a self-replicating piece of software that enters companies and organizations when employees click on email attachments, then spreads quickly internally from computer to computer when employees share documents and other files.

Its ransom demands start at $300 and increase after two hours to $400, $500 and then $600, said Kurt Baumgartner, a security researcher at Kaspersky Lab. Affected users can restore their files from backups, if they have them, or pay the ransom; otherwise they risk losing their data entirely.

Chris Wysopal of the software security firm Veracode said criminal organizations were probably behind the attack, given how quickly the malware spread.

“For so many organizations in the same day to be hit, this is unprecedented,” he said.

The security holes it exploits were disclosed several weeks ago by TheShadowBrokers, a mysterious group that has published what it says are hacking tools used by the NSA as part of its intelligence-gathering.

Shortly after that disclosure, Microsoft announced that it had already issued software “patches” for those holes. But many companies and individuals haven’t installed the fixes yet or are using older versions of Windows that Microsoft no longer supports and didn’t fix.

By Kaspersky Lab’s count, the malware struck at least 74 countries. In addition to Russia, the biggest targets appeared to be Ukraine and India, nations where it is common to find older, unpatched versions of Windows in use, according to the security firm.

Hospitals across Britain found themselves without access to their computers or phone systems. Many canceled all routine procedures and asked patients not to come to the hospital unless it was an emergency. Doctors’ practices and pharmacies reported similar problems.

Patrick Ward, a 47-year-old sales director, said his heart operation, scheduled for Friday, was canceled at St. Bartholomew’s Hospital in London.

Tom Griffiths, who was at the hospital for chemotherapy, said several cancer patients had to be sent home because their records or bloodwork couldn’t be accessed.

“Both staff and patients were frankly pretty appalled that somebody, whoever they are, for commercial gain or otherwise, would attack a health care organization,” he said. “It’s stressful enough for someone going through recovery or treatment for cancer.”

British Prime Minister Theresa May said there was no evidence patient data had been compromised and added that the attack had not specifically targeted the National Health Service.

“It’s an international attack and a number of countries and organizations have been affected,” she said.

Spain, meanwhile, took steps to protect critical infrastructure in response to the attack. Authorities said they were communicating with more than 100 energy, transportation, telecommunications and financial services providers about the attack.

Spain’s Telefonica, a global broadband and telecommunications company, was among the companies hit.

Ransomware attacks are on the rise around the world. In 2016, Hollywood Presbyterian Medical Center in California said it had paid a $17,000 ransom to regain control of its computers from hackers.

Krishna Chinthapalli, a doctor at Britain’s National Hospital for Neurology & Neurosurgery who wrote a paper on cybersecurity for the British Medical Journal, warned that British hospitals’ old operating systems and confidential patient information made them an ideal target for blackmailers.

He said many NHS hospitals in Britain use Windows XP software, introduced in 2001, and as government funding for the health service has been squeezed, “IT budgets are often one of the first ones to be reduced.”

“Looking at the trends, it was going to happen,” he said. “I did not expect an attack on this scale. That was a shock.

https://apnews.com/e8402f2faf934f7ab5419d4961d3dafe/Global-extortion-cyberattack-hits-dozens-of-nations

Global ‘WannaCry’ ransomware cyberattack seeks cash for data

LONDON (AP) — A global “ransomware” cyberattack, unprecedented in scale, had technicians scrambling to restore Britain’s crippled hospital network Saturday and secure the computers that run factories, banks, government agencies and transport systems in many other nations.

The worldwide effort to extort cash from computer users spread so widely that Microsoft quickly changed its policy, making security fixes available for free for the older Windows systems still used by millions of individuals and smaller businesses.

A malware tracking map showed “WannaCry” infections popping up around the world. Britain canceled or delayed treatments for thousands of patients, even people with cancer. Train systems were hit in Germany and Russia, and phone companies in Madrid and Moscow. Renault’s futuristic assembly line in Slovenia, where rows of robots weld car bodies together, was stopped cold.

In Brazil, the social security system had to disconnect its computers and cancel public access. The state-owned oil company Petrobras and Brazil’s Foreign Ministry also disconnected computers as a precautionary measure, and court systems went down, too.

Britain’s home secretary said one in five of 248 National Health Service groups had been hit. Home Secretary Amber Rudd said all but six of the NHS trusts back to normal Saturday.

The U.K.’s National Cyber Security Center was “working round the clock” to restore vital health services, while urging people to update security software fixes, run anti-virus software and back up their data elsewhere.

Who perpetrated this wave of attacks remains unknown. Two security firms — Kaspersky Lab and Avast — said they identified the malicious software in more than 70 countries. Both said Russia was hit hardest.

These hackers “have caused enormous amounts of disruption— probably the biggest ransomware cyberattack in history,” said Graham Cluley, a veteran of the anti-virus industry in Oxford, England.

And all this may be just a taste of what’s coming, another cyber security expert warned.

Computer users worldwide — and everyone else who depends on them — should assume that the next big “ransomware” attack has already been launched, and just hasn’t manifested itself yet, Ori Eisen, who founded the Trusona cybersecurity firm in Scottsdale, Arizona, told The Associated Press.

The attack held hospitals and other entities hostage by freezing computers, encrypting data and demanding money through online bitcoin payments. But it appears to be “low-level” stuff, Eisen said Saturday, given the amount of ransom demanded — $300 at first, rising to $600 before it destroys files hours later.

He said the same thing could be done to crucial infrastructure, like nuclear power plants, dams or railway systems.

“This is child’s play, what happened. This is not the serious stuff yet. What if the same thing happened to 10 nuclear power plants, and they would shut down all the electricity to the grid? What if the same exact thing happened to a water dam or to a bridge?” he asked.

“Today, it happened to 10,000 computers,” Eisen said. “There’s no barrier to do it tomorrow to 100 million computers.”

This is already believed to be the biggest online extortion attack ever recorded, disrupting services in nations as diverse as the U.S., Ukraine, Brazil, Spain and India. Europol, the European Union’s police agency, said the onslaught was at “an unprecedented level and will require a complex international investigation to identify the culprits.”

In Russia, government agencies insisted that all attacks had been resolved. Russian Interior Ministry, which runs the national police, said the problem had been “localized” with no information compromised. Russia’s health ministry said its attacks were “effectively repelled.”

The ransomware exploits a vulnerability in Microsoft Windows that was purportedly identified by the U.S. National Security Agency for its own intelligence-gathering purposes. Hackers said they stole the tools from the NSA and dumped them on the internet.

It could have been much worse if not for a young cybersecurity researcher who helped to halt its spread by accidentally activating a so-called “kill switch” in the malicious software.

The 22-year-old Britain-based researcher, identified online only as MalwareTech, explained Saturday that he spotted a hidden web address in the “WannaCrypt” code and made it official by registering its domain name. That inexpensive move redirected the attacks to MalwareTech’s server, which operates as a “sinkhole” to keep malware from escaping.

“Because WannaCrypt used a single hardcoded domain, my registration of it caused all infections globally to believe they were inside a sandbox … thus we initially unintentionally prevented the spread,” the researcher said, humbly and anonymously, in his blog post.

His move may have saved governments and companies millions of dollars and slowed the outbreak before U.S.-based computers were more widely infected.

Indeed, while FedEx Corp. reported that its Windows computers were “experiencing interference” from malware — it wouldn’t say if it had been hit by the ransomware — other impacts in the U.S. were not readily apparent on Saturday.

That said, the threat hasn’t disappeared, the MalwareTech researcher said.

“One thing that is very important to note is our sinkholing only stops this sample and there is nothing stopping them removing the domain check and trying again, so it’s incredibly important that any unpatched systems are patched as quickly as possible,” he warned.

The kill switch also couldn’t help those already infected. Short of paying, options for these individuals and companies are usually limited to recovering data files from a backup, if available, or living without them.

Security experts said it appeared to be caused by a self-replicating piece of software that enters companies when employees click on email attachments, then spreads quickly as employees share documents.

The security holes it exploits were disclosed weeks ago by TheShadowBrokers, a mysterious hacking group. Microsoft swiftly released software “patches” to fix those holes, but many users still haven’t installed updates or still use older versions of Windows.

Microsoft had made fixes for older systems, such as 2001′s Windows XP, available only to mostly larger organizations, including Britain’s National Health Service, that paid extra for extended technical support. In light of Friday’s attacks, Microsoft announced that it’s making the fixes free to all.

Cluley said “There’s clearly some culpability on the part of the U.S. intelligence services. Because they could have done something ages ago to get this problem fixed, and they didn’t do it.”

“It’s very, very difficult these days, with encryption, to spy on people,” Cluley added. “But I don’t think that those concerns should hide the fact that ALL of us need to be protected … We’re living an online life, and we all deserve security there.”

https://apnews.com/770946e7df454d2e9acda3bdbd3ed425/Unprecedented-global-‘ransomware’-attack-seeks-cash-for-data

Ransomware

From Wikipedia, the free encyclopedia

Ransomware is a type of malicious software designed to block access to a computer system or data until a ransom is paid. Simple ransomware may lock the system in a way which is not difficult for a knowledgeable person to reverse, and display a message requesting payment to unlock it. More advanced malware encrypts the victim’s files, making them inaccessible, and demands a ransom payment to decrypt them.[1] The ransomware may also encrypt the computer’s Master File Table (MFT)[2][3] or the entire hard drive.[4] Thus, ransomware is a denial-of-access attack that prevents computer users from accessing files[5] since it is intractable to decrypt the files without the decryption key. Ransomware attacks are typically carried out using a Trojan that has a payload disguised as a legitimate file.

While initially popular in Russia, the use of ransomware scams has grown internationally;[6][7][8] in June 2013, security software vendor McAfee released data showing that it had collected over 250,000 unique samples of ransomware in the first quarter of 2013, more than double the number it had obtained in the first quarter of 2012.[9] Wide-ranging attacks involving encryption-based ransomware began to increase through Trojans such as CryptoLocker, which had procured an estimated US$3 million before it was taken down by authorities,[10] and CryptoWall, which was estimated by the US Federal Bureau of Investigation (FBI) to have accrued over $18m by June 2015.[11]

Operation

Typically, modern ransomware uses encryption to deny users’ access to their files. The software encrypts the victim’s files using a symmetric cipher with a randomly generated key, and then deletes the key, leaving only a version of it made inaccessible to the victim using public key cryptography. Only the attacker can then decrypt the symmetric key needed to restore the files.[12]

The symmetric key is randomly generated and will not assist other victims. At no point is the attacker’s private key exposed to victims and the victim need only send a very small ciphertext (the encrypted symmetric-cipher key) to the attacker.

Ransomware attacks are typically carried out using a Trojan, entering a system through, for example, a downloaded file or a vulnerability in a network service. The program then runs a payload, which locks the system in some fashion, or claims to lock the system but does not (e.g., a scareware program). Payloads may display a fake warning purportedly by an entity such as a law enforcement agency, falsely claiming that the system has been used for illegal activities, contains content such as pornography and “pirated” media.[13][14][15]

Some payloads consist simply of an application designed to lock or restrict the system until payment is made, typically by setting the Windows Shell to itself,[16] or even modifying the master boot record and/or partition table to prevent the operating system from booting until it is repaired.[17] The most sophisticated payloads encrypt files, with many using strong encryption to encrypt the victim’s files in such a way that only the malware author has the needed decryption key.[12][18][19]

Payment is virtually always the goal, and the victim is coerced into paying for the ransomware to be removed—which may or may not actually occur—either by supplying a program that can decrypt the files, or by sending an unlock code that undoes the payload’s changes. A key element in making ransomware work for the attacker is a convenient payment system that is hard to trace. A range of such payment methods have been used, including wire transfers, premium-rate text messages,[20] pre-paid voucher services such as Paysafecard,[6][21][22] and the digital currency Bitcoin.[23][24][25] A 2016 census commissioned by Citrix revealed that larger business are holding bitcoin as contingency plans.[26]

History

Encrypting ransomware

The first known malware extortion attack, the “AIDS Trojan” written by Joseph Popp in 1989, had a design failure so severe it was not necessary to pay the extortionist at all. Its payload hid the files on the hard drive and encrypted only their names, and displayed a message claiming that the user’s license to use a certain piece of software had expired. The user was asked to pay US$189 to “PC Cyborg Corporation” in order to obtain a repair tool even though the decryption key could be extracted from the code of the Trojan. The Trojan was also known as “PC Cyborg”. Popp was declared mentally unfit to stand trial for his actions, but he promised to donate the profits from the malware to fund AIDS research.[27]

The notion of using public key cryptography for ransom attacks was introduced in 1996 by Adam L. Young and Moti Yung. Young and Yung critiqued the failed AIDS Information Trojan that relied on symmetric cryptography alone, the fatal flaw being that the decryption key could be extracted from the Trojan, and implemented an experimental proof-of-concept cryptovirus on a Macintosh SE/30 that used RSA and the Tiny Encryption Algorithm (TEA) to hybrid encrypt the victim’s data. Since public key crypto is used, the cryptovirus only contains the encryption key. The attacker keeps the corresponding private decryption key private. Young and Yung’s original experimental cryptovirus had the victim send the asymmetric ciphertext to the attacker who deciphers it and returns the symmetric decryption key it contains to the victim for a fee. Long before electronic money existed Young and Yung proposed that electronic money could be extorted through encryption as well, stating that “the virus writer can effectively hold all of the money ransom until half of it is given to him. Even if the e-money was previously encrypted by the user, it is of no use to the user if it gets encrypted by a cryptovirus”.[12] They referred to these attacks as being “cryptoviral extortion”, an overt attack that is part of a larger class of attacks in a field called cryptovirology, which encompasses both overt and covert attacks.[12]

Examples of extortionate ransomware became prominent in May 2005.[28] By mid-2006, Trojans such as Gpcode, TROJ.RANSOM.A, Archiveus, Krotten, Cryzip, and MayArchive began utilizing more sophisticated RSA encryption schemes, with ever-increasing key-sizes. Gpcode.AG, which was detected in June 2006, was encrypted with a 660-bit RSA public key.[29] In June 2008, a variant known as Gpcode.AK was detected. Using a 1024-bit RSA key, it was believed large enough to be computationally infeasible to break without a concerted distributed effort.[30][31][32][33]

Encrypting ransomware returned to prominence in late 2013 with the propagation of CryptoLocker—using the Bitcoin digital currency platform to collect ransom money. In December 2013, ZDNet estimated based on Bitcoin transaction information that between 15 October and 18 December, the operators of CryptoLocker had procured about US$27 million from infected users.[34] The CryptoLocker technique was widely copied in the months following, including CryptoLocker 2.0 (though not to be related to CryptoLocker), CryptoDefense (which initially contained a major design flaw that stored the private key on the infected system in a user-retrievable location, due to its use of Windows’ built-in encryption APIs),[24][35][36][37] and the August 2014 discovery of a Trojan specifically targeting network-attached storage devices produced by Synology.[38] In January 2015, it was reported that ransomware-styled attacks have occurred against individual websites via hacking, and through ransomware designed to target Linux-based web servers.[39][40][41]

Some ransomware strains have used proxies tied to Tor hidden services to connect to their command and control servers, increasing the difficulty of tracing the exact location of the criminals.[42][43] Furthermore, dark web vendors have increasingly started to offer the technology as a service.[43][44][45]

Symantec has classified ransomware to be the most dangerous cyber threat.[46]

Non-encrypting ransomware

In August 2010, Russian authorities arrested nine individuals connected to a ransomware Trojan known as WinLock. Unlike the previous Gpcode Trojan, WinLock did not use encryption. Instead, WinLock trivially restricted access to the system by displaying pornographic images, and asked users to send a premium-rate SMS (costing around US$10) to receive a code that could be used to unlock their machines. The scam hit numerous users across Russia and neighboring countries—reportedly earning the group over US$16 million.[15][47]

In 2011, a ransomware Trojan surfaced that imitated the Windows Product Activation notice, and informed users that a system’s Windows installation had to be re-activated due to “[being a] victim of fraud”. An online activation option was offered (like the actual Windows activation process), but was unavailable, requiring the user to call one of six international numbers to input a 6-digit code. While the malware claimed that this call would be free, it was routed through a rogue operator in a country with high international phone rates, who placed the call on hold, causing the user to incur large international long distance charges.[13]

In February 2013, a ransomware Trojan based on the Stamp.EK exploit kit surfaced; the malware was distributed via sites hosted on the project hosting services SourceForge and GitHub that claimed to offer “fake nude pics” of celebrities.[48] In July 2013, an OS X-specific ransomware Trojan surfaced, which displays a web page that accuses the user of downloading pornography. Unlike its Windows-based counterparts, it does not block the entire computer, but simply exploits the behavior of the web browser itself to frustrate attempts to close the page through normal means.[49]

In July 2013, a 21-year-old man from Virginia, whose computer coincidentally did contain pornographic photographs of underaged girls with whom he had conducted sexualized communications, turned himself in to police after receiving and being deceived by ransomware purporting to be an FBI message accusing him of possessing child pornography. An investigation discovered the incriminating files, and the man was charged with child sexual abuse and possession of child pornography.[50]

Leakware (also called Doxware)

The converse of ransomware is a cryptovirology attack that threatens to publish stolen information from the victim’s computer system rather than deny the victim access to it.[51] In a leakware attack, malware exfiltrates sensitive host data either to the attacker or alternatively, to remote instances of the malware, and the attacker threatens to publish the victim’s data unless a ransom is paid. The attack was presented at West Point in 2003 and was summarized in the book Malicious Cryptography as follows, “The attack differs from the extortion attack in the following way. In the extortion attack, the victim is denied access to its own valuable information and has to pay to get it back, where in the attack that is presented here the victim retains access to the information but its disclosure is at the discretion of the computer virus”.[52] The attack is rooted in game theory and was originally dubbed “non-zero sum games and survivable malware”. The attack can yield monetary gain in cases where the malware acquires access to information that may damage the victim user or organization, e.g., reputational damage that could result from publishing proof that the attack itself was a success.

Mobile ransomware

With the increased popularity of ransomware on PC platforms, ransomware targeting mobile operating systems have also proliferated. Typically, mobile ransomware payloads are blockers, as there is little incentive to encrypt data since it can be easily restored via online synchronization.[53] Mobile ransomware typically targets the Android platform, as it allows applications to be installed from third-party sources.[53][54] The payload is typically distributed as an APK file installed by an unsuspecting user; it may attempt to display a blocking message over top of all other applications,[54] while another used a form of clickjacking to cause the user to give it “device administrator” privileges to achieve deeper access to the system.[55]

Different tactics have been used on iOS devices, such as exploiting iCloud accounts and using the Find My iPhone system to lock access to the device.[56] On iOS 10.3, Apple patched a bug in the handling of JavaScript pop-up windows in Safari that had been exploited by ransomware websites.[57]

Notable examples

Reveton

A Reveton payload, fraudulently claiming that the user must pay a fine to the Metropolitan Police Service

In 2012, a major ransomware Trojan known as Reveton began to spread. Based on the Citadel Trojan (which itself, is based on the Zeus Trojan), its payload displays a warning purportedly from a law enforcement agency claiming that the computer has been used for illegal activities, such as downloading unlicensed software or child pornography. Due to this behaviour, it is commonly referred to as the “Police Trojan”.[58][59][60] The warning informs the user that to unlock their system, they would have to pay a fine using a voucher from an anonymous prepaid cash service such as Ukash or Paysafecard. To increase the illusion that the computer is being tracked by law enforcement, the screen also displays the computer’s IP address, while some versions display footage from a victim’s webcam to give the illusion that the user is being recorded.[6][61]

Reveton initially began spreading in various European countries in early 2012.[6] Variants were localized with templates branded with the logos of different law enforcement organizations based on the user’s country; for example, variants used in the United Kingdom contained the branding of organizations such as the Metropolitan Police Service and the Police National E-Crime Unit. Another version contained the logo of the royalty collection society PRS for Music, which specifically accused the user of illegally downloading music.[62] In a statement warning the public about the malware, the Metropolitan Police clarified that they would never lock a computer in such a way as part of an investigation.[6][14]

In May 2012, Trend Micro threat researchers discovered templates for variations for the United States and Canada, suggesting that its authors may have been planning to target users in North America.[63] By August 2012, a new variant of Reveton began to spread in the United States, claiming to require the payment of a $200 fine to the FBI using a MoneyPak card.[7][8][61]In February 2013, a Russian citizen was arrested in Dubai by Spanish authorities for his connection to a crime ring that had been using Reveton; ten other individuals were arrested on money laundering charges.[64] In August 2014, Avast Software reported that it had found new variants of Reveton that also distribute password stealing malware as part of its payload.[65]

CryptoLocker

Encrypting ransomware reappeared in September 2013 with a Trojan known as CryptoLocker, which generated a 2048-bit RSA key pair and uploaded in turn to a command-and-control server, and used to encrypt files using a whitelist of specific file extensions. The malware threatened to delete the private key if a payment of Bitcoin or a pre-paid cash voucher was not made within 3 days of the infection. Due to the extremely large key size it uses, analysts and those affected by the Trojan considered CryptoLocker extremely difficult to repair.[23][66][67][68]Even after the deadline passed, the private key could still be obtained using an online tool, but the price would increase to 10 BTC—which cost approximately US$2300 as of November 2013.[69][70]

CryptoLocker was isolated by the seizure of the Gameover ZeuS botnet as part of Operation Tovar, as officially announced by the U.S. Department of Justice on 2 June 2014. The Department of Justice also publicly issued an indictment against the Russian hacker Evgeniy Bogachev for his alleged involvement in the botnet.[71][72] It was estimated that at least US$3 million was extorted with the malware before the shutdown.[10]

CryptoLocker.F and TorrentLocker

In September 2014, a wave of ransomware Trojans surfaced that first targeted users in Australia, under the names CryptoWall and CryptoLocker (which is, as with CryptoLocker 2.0, unrelated to the original CryptoLocker). The Trojans spread via fraudulent e-mails claiming to be failed parcel delivery notices from Australia Post; to evade detection by automatic e-mail scanners that follow all links on a page to scan for malware, this variant was designed to require users to visit a web page and enter a CAPTCHA code before the payload is actually downloaded, preventing such automated processes from being able to scan the payload. Symantec determined that these new variants, which it identified as CryptoLocker.F, were again, unrelated to the original CryptoLocker due to differences in their operation.[73][74] A notable victim of the Trojans was the Australian Broadcasting Corporation; live programming on its television news channel ABC News 24 was disrupted for half an hour and shifted to Melbourne studios due to a CryptoWall infection on computers at its Sydney studio.[75][76][77]

Another Trojan in this wave, TorrentLocker, initially contained a design flaw comparable to CryptoDefense; it used the same keystream for every infected computer, making the encryption trivial to overcome. However, this flaw was later fixed.[35] By late-November 2014, it was estimated that over 9,000 users had been infected by TorrentLocker in Australia alone, trailing only Turkey with 11,700 infections.[78]

CryptoWall

Another major ransomware Trojan targeting Windows, CryptoWall, first appeared in 2014. One strain of CryptoWall was distributed as part of a malvertising campaign on the Zedo ad network in late-September 2014 that targeted several major websites; the ads redirected to rogue websites that used browser plugin exploits to download the payload. A Barracuda Networks researcher also noted that the payload was signed with a digital signature in an effort to appear trustworthy to security software.[79] CryptoWall 3.0 used a payload written in JavaScript as part of an email attachment, which downloads executables disguised as JPG images. To further evade detection, the malware creates new instances of explorer.exe and svchost.exe to communicate with its servers. When encrypting files, the malware also deletes volume shadow copies, and installs spyware that steals passwords and Bitcoin wallets.[80]

The FBI reported in June 2015 that nearly 1,000 victims had contacted the bureau’s Internet Crime Complaint Center to report CryptoWall infections, and estimated losses of at least $18 million.[11]

The most recent version, CryptoWall 4.0, enhanced its code to avoid antivirus detection, and encrypts not only the data in files but also the file names.[81]

Fusob

Fusob is one of the major mobile ransomware families. Between April 2015 and March 2016, about 56 percent of accounted mobile ransomwares was Fusob.[82]

Like a typical mobile ransomware, it employs scare tactics to extort people to pay a ransom.[83] The program pretends to be an accusatory authority, demanding the victim to pay a fine from $100 to $200 USD or otherwise face a fictitious charge. Rather surprisingly, Fusob suggests using iTunes gift cards for payment. Also, a timer clicking down on the screen adds to the users’ anxiety as well.

In order to infect devices, Fusob masquerades as a pornographic video player. Thus, victims, thinking it is harmless, unwittingly download Fusob.[84]

When Fusob is installed, it first checks the language used in the device. If it uses Russian or certain Eastern European languages, Fusob does nothing. Otherwise, it proceeds on to lock the device and demand ransom. Among victims, about 40% of them are in Germany with the United Kingdom and the United States following with 14.5% and 11.4% respectively.

Fusob has lots in common with Small, which is another major family of mobile ransomware. They represented over 93% of mobile ransomwares between 2015 and 2016.

WannaCry

In May 2017, the WannaCry ransomware attack spread though the Internet, using an exploit vector that Microsoft had issued a “Critical” patch for (MS17-010) two months before on March 14, 2017. The ransomware attack infected over 75,000 users in over 99 countries, using 20 different languages to demand money from users. The attack affected Telefónica and several other large companies in Spain, as well as parts of the British National Health Service (NHS),[85] FedEx, Deutsche Bahn, as well as the Russian Interior Ministry and Russian telecom MegaFon.[86]

Mitigation

As with other forms of malware, security software might not detect a ransomware payload, or, especially in the case of encrypting payloads, only after encryption is under way or complete, particularly if a new version unknown to the protective software is distributed.[87] If an attack is suspected or detected in its early stages, it takes some time for encryption to take place; immediate removal of the malware (a relatively simple process) before it has completed would stop further damage to data, without salvaging any already lost.[88][89]

Alternately, new categories of security software, specifically deception technology, can detect ransomware without using a signature-based approach. Deception technology utilizes fake SMB shares which surround real IT assets. These fake SMB data shares deceive ransomware, tie the ransomware up encrypting these false SMB data shares, alert and notify cyber security teams which can then shut down the attack and return the organization to normal operations. There are multiple vendors[90] that support this capability with multiple announcements in 2016.[91]

Security experts have suggested precautionary measures for dealing with ransomware. Using software or other security policies to block known payloads from launching will help to prevent infection, but will not protect against all attacks. Keeping “offline” backups of data stored in locations inaccessible to the infected computer, such as external storage drives, prevents them from being accessed by the ransomware, thus accelerating data restoration.[23][92]

There are a number of tools intended specifically to decrypt files locked by ransomware, although successful recovery may not be possible.[2][93] If the same encryption key is used for all files, decryption tools use files for which there are both uncorrupted backups (plaintext in the jargon of cryptanalysis) and encrypted copies; recovery of the key, if it is possible, may take several days.[94]

See also

References

WannaCry ransomware attack

From Wikipedia, the free encyclopedia
WannaCry ransomware attack
Wana Decrypt0r screenshot.png

Screenshot of the ransom note left on an infected system
Date 12 May 2017 (ongoing)
Location Worldwide
Also known as WannaCrypt, WanaCrypt0r
Type Cyber-attack
Theme Ransomware encrypting hard disk with $300 demand
Cause EternalBlue exploit
Participants Unknown
Outcome More than 230,000 computers infected[1]

WannaCry, also known by the names WannaCrypt,[2] WanaCrypt0r 2.0,[3] Wanna Decryptor[4] and other similar names, is a ransomware program targeting Microsoft Windows. In May 2017, a large cyber-attack using it was launched, infecting over 230,000 computers in 99 countries, demanding ransom payments in bitcoin in 28 languages. The attack has been described by Europol as unprecedented in scale.[5]

The attack affected Telefónica and several other large companies in Spain, as well as parts of Britain’s National Health Service (NHS),[6] FedEx and Deutsche Bahn.[7][8][9] Other targets in at least 99 countries were also reported to have been attacked around the same time.[10][11]

WannaCry is believed to use the EternalBlue exploit, which was developed by the U.S. National Security Agency[12][13] to attack computers running Microsoft Windows operating systems.[3][14] Although a patch to remove the underlying vulnerability had been issued on 14 March 2017,[15] delays in applying security updates left some users and organisations vulnerable.[16] Microsoft has taken the unusual step of releasing updates for the unsupported Windows XP and Windows Server 2003 and patches for Windows 8 operating systems.[2][17]

A kill switch has been found in the code, which prevents new infections. This has been activated by researchers and should slow or stop the spread. However, different versions of the attack may be released and all vulnerable systems still have an urgent need to be patched.

Background

The purported infection vector, EternalBlue, was released by the hacker group The Shadow Brokers on 14 April 2017,[18][19] along with other tools apparently leaked from Equation Group, which is believed to be part of the United States National Security Agency.[20][21]

EternalBlue exploits vulnerability MS17-010[15] in Microsoft‘s implementation of the Server Message Block (SMB) protocol. Microsoft had released a “Critical” advisory, along with an update patch to plug the vulnerability a month before, on 14 March 2017.[15] This patch only fixed Windows Vista and later operating systems but not the older Windows XP.

Countries initially affected[22]

On 12 May 2017, WannaCry began affecting computers worldwide.[23] After gaining access to the computers, via local area network (LAN), an email attachment, or drive-by download, the ransomware encrypts the computer’s hard disk drive,[24][25] then attempts to exploit the SMB vulnerability to spread to random computers on the Internet,[26] and “laterally” between computers on the same LAN.[27] As with other modern ransomware, the payload displays a message informing the user that files have been encrypted, and demands a payment of $300 in bitcoin within three days.

The Windows vulnerability is not a zero-day flaw, but one for which Microsoft had made available a security patch on 14 March 2017,[15] nearly two months before the attack. The patch was to the Server Message Block (SMB) protocol used by Windows.[28] Organizations that lacked this security patch were affected for this reason, although there is so far no evidence that any were specifically targeted by the ransomware developers.[28] Any organization still running the older Windows XP[29] were at particularly high risk because until 13 May,[2] no security patches had been released since April 2014.[30] Following the attack, Microsoft released a security patch for Windows XP.[2]

According to Wired, affected systems will also have had the DOUBLEPULSAR backdoor installed; this will also need to be removed when systems are cleaned up.[31]

Impact

The ransomware campaign was unprecedented in scale according to Europol.[5] The attack affected many NHS hospitals in the UK.[32] On 12 May, some NHS services had to turn away non-critical emergencies, and some ambulances were diverted.[7][33] In 2016, thousands of computers in 42 separate NHS trusts in England were reported to be still running Windows XP.[29]Nissan Motor Manufacturing UK in Tyne and Wear, one of Europe‘s most productive car manufacturing plants, halted production after the ransomware infected some of their systems. Renault also stopped production at several sites in an attempt to stop the spread of the ransomware.[34][35]

List of affected organizations

Response

Several hours after the initial release of the ransomware on 12 May 2017, a “kill switch” hardcoded into the malware was discovered. This allowed the spread of the initial infection to be halted by registering a domain name.[52] However, the kill switch appears to be a coding mistake on the part of the criminals, and variants without the kill switch are expected to be created.[53][54]

Reactions

Upon learning about the impact on the NHS, Edward Snowden said that if the NSA “had privately disclosed the flaw used to attack hospitals when they found it, not when they lost it, [the attack] may not have happened”.[55]

British Prime Minister Theresa May said of the ransomware, “This is not targeted at the NHS. It is an international attack. A number of countries and organizations have been affected.”[56]

Microsoft has created security patches for its now-unsupported versions of Windows, including Windows XP, Windows 8 and Windows Server 2003.[57]

See also

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The Pronk Pops Show 880, April 25, 2017, Story 1: Bluff, Bombast, Bust, Bang, Boom–World War III With North Korea and Communist China? — Videos– Story 2: Operation Gotham Shield 2017 — Simulation of Nuclear and EMP Attack Over New York City — Videos — Story 3: Barrier, Fence, Double Fence, Wall, Border Security — No Budget — No Deal — Democrats Shutdown Government? — Videos —

Posted on April 25, 2017. Filed under: American History, Banking System, Blogroll, Breaking News, Budgetary Policy, Congress, Countries, Culture, Donald J. Trump, Donald Trump, Economics, Education, Empires, Employment, Energy, Federal Government, Fiscal Policy, Government, Government Spending, Health, History, House of Representatives, Independence, Investments, Labor Economics, National Interest, Networking, News, Nuclear Weapons, Philosophy, Photos, Politics, Polls, President Trump, Radio, Raymond Thomas Pronk, Rule of Law, Science, Security, Social Networking, Tax Policy, United States of America, Videos, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Image result for world war 3 starts in north koreaImage result for Operation Gotham Shield 2017Image result for branco cartoons trump wallStory 1: Bluff, Bombast, Bust, Bang, Boom–World War III With North Korea and Communist China? — Videos–

Image result for north korea world war 3Image result for north korea world war 3Image result for north korea world war 3

North Korea looking for a fight with US?

North Korea Threatens to Sink U.S. Aircraft Carrier

News Wrap: Trump calls North Korea situation ‘unacceptable’ – North Korea Fan

U.S BOMBERS ON HIGH ALERT After North Korea Threatens to Sink Approaching US Carrier

China warns North Korea could ‘cross the point of no return’ with sixth nuke test

North Korea reveals WHERE nuclear war with ‘fanatic’ US will break out

RARE! Entire US Senate to Go to White House for North Korea Briefing

U.S. aircraft carrier nears South Korea

Aircraft Carrier USS Carl Vinson CVN 70, Submarine USS Michigan, Target North Korea

Story 2: Operation Gotham Shield 2017 — Simulation of Nuclear and EMP Attack Over New York City — Videos

Image result for Operation Gotham Shield 2017 
Image result for Operation Gotham Shield 2017Image result for Operation Gotham Shield 2017Image result for Operation Gotham Shield 2017

April 24-26 2017 — Operation Gotham Shield 2017

4/24/17 Why Operation Gotham Shield Needs Your Attention – Alex Jones Infowars

Why Operation Gotham Shield Needs Your Attention

Operation Gotham Shield | NYC & NJ on April 24th – 26th

What is an EMP? The 60 second answer

What’s an electromagnetic pulse attack?

Prepping For An EMP

JEANINE PIRRO: “Lights Out: The Danger to US Power Grid” – The EMP Threat

Are You Prepared For An EMP Attack?

Washington D.C. To Hold Massive “Coordinated Terror Attack” Drill This Wednesday

April 26th is shaping up to be a busy day.

As we reported on Friday, that’s when Operation Gotham Shield, an exercise involving FEMA, Homeland Security and a myriad of law enforcement and military agencies and which simulates a nuclear bomb blast over Manhattan, is set to conclude.

Then, as we learned earlier, April 26 is also when the entire Senate will be briefed by Donald Trump and his four top defense and military officials on the situation in North Korea at the White House, an event which Reuters dubbed as “unusual.”

April 26 is also when the USS Carl Vinson is expected to finally arrive off the coast of the Korean Penninsula.

Now, in a statement from the Metropolitan Washington Council of Governments, the regional association reports that “law enforcement officials and other first responders will participate in a full-scale exercise on April 26 designed to prepare for the possibility of a complex coordinated terror attack in the National Capital Region.”

The statement adds that emergency managers who work together at the Metropolitan Washington Council of Governments (COG) planned the exercise to help protect residents by preparing for an attack involving multiple target locations and teams of perpetrators.

The exercise will be conducted across a widespread geographical area. According to the release, the regional exercise will be staged at six sites in the District of Columbia, suburban Maryland and Northern Virginia, and will involve hundreds of police, fire, and emergency medical service personnel and volunteer actors.

The locations include neighborhoods in the northeast and southeast quadrants of the District of Columbia, Prince George’s County, and Arlington and Fairfax Counties.  Residents in those neighborhoods will be notified ahead of time to expect the exercise.

According to Scott Boggs, Managing Director of Homeland Security and Public Safety at COG, “Law enforcement officials practice and exercise their skills on their own regularly because that’s the best way to ensure we are always ready to respond quickly and professionally. On April 26, we’ll go one step further and stage a very realistic emergency event involving multiple sites and actors posing as the casualties.  However, there is no reason for residents to be alarmed because the exercise will occur in a controlled environment.

The is scheduled to take place near or at George Mason University, and last from 8;30am until 4:30pm.

The statement also advises that the only media availability will be in a one hour block before the exercise, from 7:30am – 8:30am on April 26.

Full statement below (link).

http://www.zerohedge.com/news/2017-04-24/washington-dc-area-hold-massive-drill-preparation-complex-coordinated-terror-attack-

Operation Gotham Shield: Is there a connection between massive power outages and the nuclear EMP drill?

Are Today’s Massive Power Outages Really Secretly Part of the Operation Gotham Shield Nuclear EMP Drill?

TDW News

nnew york city cnukeWhen Russia holds a massive civil defense drill for nuclear war, the government informs its people and even includes them.When the US government does it however, they do it in secret, even using natural disasters as cover, meanwhile keeping the civilian population in the dark and telling them as little as possible.

The fact that there are massive power outages today of all days in San Francisco, LA and specifically New York City — causes reportedly still unknown at this time — seems like anything but a coincidence with everything else going on right now including a massive NYC-area 10 kiloton nuclear blast and EMP drill called Operation Gotham Shield.

Power Outages

NYC
The first massive power outage today occurred in New York City just before 6 am after the power inexplicably went down at the 7th avenue and 53rd street subway station, causing a chain reaction through the rest of NYC’s subway system. MTA did not get the generators back up and running until around 11:30. Delays are still rampant.

LA
A few hours later, outages began being reported around Los Angeles, including at the LA airport.

San Francisco
This one is reportedly the worst. Some 90,000 people are still without power all around downtown San Francisco as of 1 pm this afternoon. Businesses are shuttered, transportation systems are shut down, whole skyscrapers are dark. People are calling the whole scene “surreal”. Again, the cause of the outage still has not been explained.

Operation Gotham Shield

All of this is coinciding with the Operation Gotham Shield drill being held in the NYC area; depending on who you ask, it’s even going on right now, but again, we civilians (read: peons) are being mostly kept in the dark about the huge drill. One set of dates says the drill started on April 18th and will run through May 5th. Another set of dates say the actual nuke/EMP simulation part of the drill won’t happen until April 24th–26th.

As Mac Slavo of SHTFPlan.com reported yesterday:

[Gotham Shield] is a tabletop, joint agency exercise involving FEMA, Homeland Security and a myriad of law enforcement and military agencies. WMD, chemical and biological units will all be on hand as a response is tested for a “simulated” nuclear detonation over the United States’ foremost urban center, in the iconic and densely populated island of Manhattan and nearby shores of New Jersey.

According to the Voice of Reason:

On April 18th thru May 5th, 2017, state, local, and federal organizations alike are planning for Operation Gotham Shield 2017 — a major nuclear detonation drill in the New York-New Jersey area, along with the U.S.-Canadian border. During this exercise, 4 nuclear devices, 2 of which are rendered “safe” during the U.S. Department of Defense (DOD) Vital Archer Exercise, and one successful 10kt detonation in the NYC/NJ area, along with one smaller detonation on the U.S./Canadian border are to take place.

Among the organizations involved are:

– U.S. Department of Energy (DOE)

– U.S. Department of Defense (DOD)

– U.S. Domestic Nuclear Detection Office (DNDO)

– U.S. Federal Bureau of Investigation (FBI)

– U.S. Federal Emergency Management Agency (FEMA)

– U.S. Northern Command (NORTHCOM)

– State of New Jersey Office of Emergency Management

– State of New York Office of Emergency Management

– City of New York Office of Emergency Management

And many more…

So the chances that we’re suddenly having totally random “unexplained” massive power outages in major cities, starting specifically in the one where this massive nuclear war/EMP drill is currently going down and it is all simply a coincidence seem poor at best.

Slavo continues:

The potential for a more explosive false flag to spin out of control, by hijacking and ‘converting’ the simulated actions, is all too real.

This is closely related to the mechanism that many researchers believe was at work on the day of 9/11, nesting a false flag attack inside of a series of large-scale training operations which invoked emergency powers and simulated attacks in locations that were actually hit.

Stay vigilant, people.

___
http://dailywesterner.com/news/2017-04-21/are-todays-massive-power-outages-really-secretly-part-of-the-operation-gotham-shield-nuclear-emp-drill/

Story 3: Barrier, Fence, Double Fence, Wall, Border Security — No Budget — No Deal — Democrats Shutdown Government? — Videos —

Image result for branco cartoons trump wall

Image result for branco cartoons trump wall

Will the US government shut down on Trump’s 100th Day in Office?

Border wall battle fuels shutdown showdown

Could border wall budget fight lead to government shutdown?

Chuck Todd INTERROGATES Trump Chief of Staff Reince Priebus

Tucker Carlson: Border wall a threat to Democrats’ power

Trump’s Push for Border Wall Threatens to Cause Government Shutdown

Panel Discuss Will Trump Shut Down Government Over Wall Funding? @amandacarpenter @neeratanden

Trump’s ‘big, beautiful wall’ collides with Congress

Liz Goodwin

Senior National Affairs Reporter
Yahoo News April 25, 2017

President Trump reportedly backed off his demand that Congress include a down payment for a wall spanning the entire U.S.-Mexico border in a crucial spending bill that must pass by Friday night to keep the government funded.

Republican lawmakers have urged the president to focus on border security in general instead of the wall, which Democrats have called a poison pill that would cause them to reject the bill and shut down the government.

Trump told a group of conservative reporters he invited to the White House on Monday that he was open to getting funding for the wall in September when Congress debates the 2018 budget, the Associated Press reported. This is a sharp reversal from his position over the weekend and early Monday, when he doubled down on his demand for the wall. Trump tweeted repeatedly that the wall is necessary to stop the flow of drugs into the United States.

“If the wall is not built, which it will be, the drug situation will NEVER be fixed the way it should be!” Trump exclaimed Monday, adding: “#BuildTheWall.”

On Tuesday morning, the president claimed he had not changed his position on the wall as the “fake media” was claiming, but he didn’t specify whether he still believed he would get the funds in this week’s spending bill, which increasingly looks like a political impossibility.

Don’t let the fake media tell you that I have changed my position on the WALL. It will get built and help stop drugs, human trafficking etc.

The president may have realized that with Democrats ready to shut down the government over the wall and many lawmakers in his own party skeptical of it, there was little chance of reaching a deal on his signature campaign promise before the Friday night deadline. Some critics noted that Trump had long promised that Mexico — and not the U.S. — would pay for the wall’s construction.

Minority Leader Chuck Schumer, D-N.Y., praised Trump in a statement for taking the wall “off the table.” He had earlier called the demand a “monkey wrench” the president had thrown into sensitive negotiations between the parties over a series of spending bills to keep the government funded for the next five months.

A view of the U.S.-Mexican border fence at Playas de Tijuana in Mexico. (Photo: Justin Sullivan/Getty Images)

View photos

 

A view of the U.S.-Mexican border fence at Playas de Tijuana in Mexico. (Photo: Justin Sullivan/Getty Images)
More

But it’s possible the president will find a way to declare victory even if his call for a wall goes unanswered by Congress. Several Republican senators urged the president to think of the “big, beautiful wall” he promised on the campaign trail as symbolic of border security in general. That way, the president could declare any increase in border spending in the spending bill a victory, right as his presidency passes the symbolic 100-day mark on Friday.

“Border walls and fences are part of an overall plan, but there will never be a 2,200-mile wall built. Period,” Sen. Lindsey Graham, R-S.C., told reporters Monday evening. “I think [the wall] has become symbolic for better border security. So it’s a code word for better border security.”

Graham said the president would still be in “good shape” if he gets funding for border security in the spending bill that’s not specifically for a wall.

Congress readies for border wall fight neither party seems to want

Sen. Thom Tillis, R-N.C., also pushed for interpreting “border wall” as border security in general. “I know it’s being generally referred to as a border wall, but I think it’s the efforts to make sure that Border Patrol can have adequate funding for the people, technology and infrastructure they think they need to secure [the border],” Tillis said. “I think we can be less prescriptive about exactly what the structure looks like and more focused on the fact that we need to secure the border.”

Both House Minority Leader Nancy Pelosi, D-Calif., and Schumer have signaled openness to funding border security in the spending bill as long as it doesn’t go to construction of a wall or the “deportation force” Trump mentioned during the campaign. The Democrats could theoretically agree to funds for more surveillance technology on the border, or to hire and train more border patrol agents. But it’s harder to imagine them supporting an increase in Immigration and Customs Enforcement (ICE) agents, since they enforce immigration laws internally in the United States and not at the borders.

Meanwhile, one of the president’s staunchest defenders in Congress defended the delay of the president’s campaign promise, urging Americans to be patient.

“He said we would build a wall and Mexico would pay for it, … but he never said when,” Rep. Louie Gohmert, R-Texas, said Monday night on Fox Business. “Some things just take time and don’t occur real quick. I think that’s the way with the wall.”

https://ca.news.yahoo.com/trumps-big-beautiful-wall-collides-congress-102804089.html

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The Pronk Pops Show 862, March 28, 2017, Story 1: Energy Independence and An Industrial Renaissance — Jobs — Jobs — Jobs — Making America Great Again — Videos — Story 2: Repeal and Replacement of Obamacare Bill Will Back Shortly — Stay Tuned — Videos

Posted on March 28, 2017. Filed under: American History, Blogroll, Breaking News, Chemistry, China, Coal, Coal, Congress, Constitutional Law, Corruption, Countries, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Energy, Environment, Foreign Policy, Geology, Government, Government Spending, History, House of Representatives, Illegal Immigration, Immigration, Law, Natural Gas, Natural Gas, News, Nuclear, Oil, Oil, Philosophy, Photos, Politics, President Barack Obama, President Trump, Private Sector Unions, Public Sector Unions, Radio, Raymond Thomas Pronk, Resources, Rule of Law, Science, Senate, Solar, Taxation, Taxes, Transportation, Unions, United States of America, Videos, Wealth, Weather, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

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Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Pronk Pops Show 812: December 12, 2016

Pronk Pops Show 811: December 9, 2016

Pronk Pops Show 810: December 8, 2016

Pronk Pops Show 809: December 7, 2016

Pronk Pops Show 808: December 6, 2016

Pronk Pops Show 807: December 5, 2016

Pronk Pops Show 806: December 2, 2016

Pronk Pops Show 805: December 1, 2016

Story 1: Energy Independence and An Industrial Renaissance — Jobs — Jobs — Jobs — Making America Great Again — Videos —

Image result for cartoons climate change brancoImage result for president trump signs executive order energy
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Image result for president trump signs executive order energy

Obama’s Promise the Bankrupt the Coal Industry

What does a coal plant scrubber look like?

Trump signs order undoing Obama climate regulations

President Trump Full Speech at an Energy Independence Executive Order Signing 3/28/17

President Trump Signs an Energy Independence Executive Order

MidAmerican Energy Coal-Fueled Power Plant Virtual Tour

Coal Fired Power Plant

Coal Power Plant

MIT Professor Richard Lindzen On the Corruption of Climate Science

Nobel Laureate Smashes the Global Warming Hoax

Nobel Laureate in Physics; “Global Warming is Pseudoscience”

Freeman Dyson on the Global Warming Hysteria April, 2015

The Great Global Warming Swindle Full Movie

Climate Fraud! Global Warming Hoax! Professor John R. Christy

Climate Scientist: Global Warming for Dummies and Activists

Global Warming / Climate Change Hoax – Dr. Roy Spencer (1)

Dr David Evans: Global Warming is Manmade? (1 of 2)

Dr David Evans: Global Warming is Manmade? (2 of 2)

Dr David Evans: Politics of Global Warming

Climate Change in 12 Minutes – The Skeptic’s Case

The Global Warming Hoax Explained for Dummies

George Carlin on Global Warming

By Valerie Volcovici and Jeff Mason | WASHINGTON

U.S. President Donald Trump signed an executive order on Tuesday to undo a slew of Obama-era climate change regulations that his administration says is hobbling oil drillers and coal miners, a move environmental groups have vowed to take to court.

The decree’s main target is former President Barack Obama’s Clean Power Plan that required states to slash carbon emissions from power plants – a critical element in helping the United States meet its commitments to a global climate change accord reached by nearly 200 countries in Paris in 2015.

The so-called “Energy Independence” order also reverses a ban on coal leasing on federal lands, undoes rules to curb methane emissions from oil and gas production, and reduces the weight of climate change and carbon emissions in policy and infrastructure permitting decisions.

“I am taking historic steps to lift restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump said at the Environmental Protection Agency headquarters, speaking on a stage lined with coal miners.

The wide-ranging order is the boldest yet in Trump’s broader push to cut environmental regulation to revive the drilling and mining industries, a promise he made repeatedly during the presidential campaign. But energy analysts and executives have questioned whether the moves will have a big effect on their industries, and environmentalists have called them reckless.

“I cannot tell you how many jobs the executive order is going to create but I can tell you that it provides confidence in this administration’s commitment to the coal industry,” Kentucky Coal Association president Tyler White told Reuters.

Trump signed the order with EPA Administrator Scott Pruitt, Interior Secretary Ryan Zinke, Energy Secretary Rick Perry and Vice President Mike Pence by his side.

U.S. presidents have aimed to reduce U.S. dependence on foreign oil since the Arab oil embargo of the 1970s, which triggered soaring prices. But the United States still imports about 7.9 million barrels of crude oil a day, almost enough meet total oil demand in Japan and India combined.

U.S. President Donald Trump holds up an executive order on ‘energy independence,’ eliminating Obama-era climate change regulations, during a signing ceremony at the Environmental Protection Agency (EPA) headquarters in Washington, U.S., March 28, 2017. REUTERS/Carlos Barria

While Trump’s administration has said reducing environmental regulation will create jobs, some green groups have countered that rules supporting clean energy have done the same.

The number of jobs in the U.S. wind power industry rose 32 percent last year while solar power jobs rose by 25 percent, according to a Department of Energy study.

‘ASSAULT ON AMERICAN VALUES’

Environmental groups hurled scorn on Trump’s order, arguing it is dangerous and goes against the broader global trend toward cleaner energy technologies.

“These actions are an assault on American values and they endanger the health, safety and prosperity of every American,” said billionaire environmental activist Tom Steyer, the head of activist group NextGen Climate.

Green group Earthjustice was one of many organizations that said it will fight the order both in and out of court. “This order ignores the law and scientific reality,” said its president, Trip Van Noppen.

An overwhelming majority of scientists believe that human use of oil and coal for energy is a main driver of climate change, causing a damaging rise in sea levels, droughts, and more frequent violent storms.

But Trump and several members of his administration have doubts about climate change, and Trump promised during his campaign to pull the United States out of the Paris climate accord, arguing it would hurt U.S. business.

Since being elected Trump has been mum on the Paris deal and the executive order does not address it.

Christiana Figueres, former executive secretary of the United Nations Framework Convention on Climate Change who helped broker the Paris accord, lamented Trump’s order.

“Trying to make fossil fuels remain competitive in the face of a booming clean renewable power sector, with the clean air and plentiful jobs it continues to generate, is going against the flow of economics,” she said.

The order will direct the EPA to start a formal “review” process to undo the Clean Power Plan, which was introduced by Obama in 2014 but was never implemented in part because of legal challenges brought by Republican-controlled states.

The Clean Power Plan required states to collectively cut carbon emissions from power plants by 32 percent below 2005 levels by 2030.

Some 85 percent of U.S. states are on track to meet the targets despite the fact the rule has not been implemented, according to Bill Becker, director of the National Association of Clean Air Agencies, a group of state and local air pollution control agencies.

Trump’s order also lifts the Interior Department’s Bureau of Land Management’s temporary ban on coal leasing on federal property put in place by Obama in 2016 as part of a review to study the program’s impact on climate change and ensure royalty revenues were fair to taxpayers.

It also asks federal agencies to discount the cost of carbon in policy decisions and the weight of climate change considerations in infrastructure permitting, and reverses rules limiting methane leakage from oil and gas facilities.

http://www.reuters.com/article/us-usa-trump-energy-idUSKBN16Z1L6

 Story 2: Repeal and Replacement Bill Will Back Shortly — Videos

Shep Smith goes off on Trump’s incompetent health care strategy on Monday– March 27, 2017.

WASHINGTON — House Republican leaders and the White House, under extreme pressure from conservative activists, have restarted negotiations on legislation to repeal the Affordable Care Act, with House leaders declaring that Democrats were celebrating the law’s survival prematurely.

Just days after President Trump said he was moving on to other issues, senior White House officials are now saying they have hope that they can still score the kind of big legislative victory that has so far eluded Mr. Trump. Vice President Mike Pence was dispatched to Capitol Hill on Tuesday for lunchtime talks.

“We’re not going to retrench into our corners or put up dividing lines,” House Speaker Paul D. Ryan said after a meeting of House Republicans that was dominated by a discussion of how to restart the health negotiations. “There’s too much at stake to get bogged down in all of that.”

The House Republican whip, Steve Scalise of Louisiana, said of Democrats, “Their celebration is premature. We are closer to repealing Obamacare than we ever have been before.”

It is not clear what political dynamics might have changed since Friday, when a coalition of hard-line conservatives and more moderate Republicans torpedoed legislation to repeal President Barack Obama’s signature domestic achievement. The replacement bill would still leave 24 million more Americans without insurance after a decade, a major worry for moderate Republicans. It would also leave in place regulations on the health insurance industry that conservatives find anathema.

Mr. Ryan declined to say what might be in the next version of the Republicans’ repeal bill, nor would he sketch any schedule for action. But he said Congress needed to act because insurers were developing the premiums and benefit packages for health plans they would offer in 2018, with review by federal and state officials beginning soon.

The new talks, which have been going on quietly this week, involve Stephen K. Bannon, the president’s chief strategist, and members of the two Republican factions that helped sink the bill last week, the hard-right Freedom Caucus and the more centrist Tuesday Group.

Any deal would require overcoming significant differences about how to rework a law that covers about one-fifth of the American economy, differences that were so sharp they led Mr. Trump and Mr. Ryan to pull the bill from consideration just as the House was scheduled to vote on Friday.

Still, Republican members of Congress said they hoped that revisiting the issue would lead this time to a solution and a vote in the House.

“I think everyone wants to get to yes and support President Trump,” said Representative Dave Brat, Republican of Virginia and a Freedom Caucus member. “There is a package in there that is a win-win.”

Representative Raúl Labrador of Idaho, another Freedom Caucus member, said he hoped the discussions would yield a compromise that brings the party together after a divisive debate that revealed deep fissures. “I think we will have a better, stronger product that will unify the conference,” Mr. Labrador said.

Mr. Trump has sent mixed signals in recent days, at times blaming the Freedom Caucus, outside groups and even, it appeared, Mr. Ryan. On Monday, for instance, he said in a late-night Twitter post that the Freedom Caucus was able to “snatch defeat from the jaws of victory” over the health care repeal. “After so many bad years they were ready for a win!”

But then he suggested that he could also cut a deal with Democrats, a move that would almost certainly make more conservative members of the House balk. “Don’t worry,” he tweeted later Monday night, “we are in very good shape!”

Mr. Ryan said House Republicans were determined to use the next version of the repeal bill, like the first version, as a vehicle to cut off federal funds for Planned Parenthood clinics.

Asked if he saw any signs that members of the conservative House Freedom Caucus might be willing to compromise, he said: “I don’t want us to become a factionalized majority. I want us to become a unified majority, and that means we’re going to sit down and talk things out until we get there, and that’s exactly what we’re doing.”

“We saw good overtures from those members from different parts of our conference to get there because we all share these goals, and we’re just going to have to figure out how to get it done,” Mr. Ryan said.

Mr. Scalise said that “we’re going to keep working” because “this issue isn’t going away,” and he added: “Obamacare continues to fail the American people. You’re going to continue to see double-digit increases in premiums because Obamacare doesn’t work.”

Democrats took formal steps to get involved in what they called improving the Affordable Care Act. Representative Nancy Pelosi of California, the Democratic leader, sent a letter to House Democrats calling for suggestions in ways to make the health law work better. “We can then discuss these suggestions in our caucus and be prepared at the earliest possible time to go forward,” she said.

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The Pronk Pops Show 853, March 8, 2017, Story 1: Republicans United For Clean Repeal of Obamacare and Divided On Obamacare Replacement — Conservatives, Classical Liberals and Libertarians Oppose House Rollover Republican Ryancare — CATO Institute, Club for Growth, Freedom Works Heritage Foundation and House Freedom Caucus, Republican Study Committee and American People All Oppose Obamacare 2.0 Lite — Support Senator Rand Paul’s Bill and Freedom Caucus — Negotiate — Negotiate — Negotiate — Videos — Story 2: Wikileaks Vault 7 Release Reveals CIA’s Collection of Hacking Tools and Malware of Secret Surveillance Spying Security State (S5) — Intelligence Community Are Listening and Watching — George Orwell Was An Optimist — Two Party Turnkey Tyranny — Videos -_

Posted on March 8, 2017. Filed under: Addiction, American History, Animal, Benghazi, Blogroll, Breaking News, Communications, Congress, Constitutional Law, Corruption, Countries, Culture, Defense Spending, Donald J. Trump, Donald Trump, Elections, Fast and Furious, Government, Government Dependency, Government Spending, Hate Speech, Health, Health Care, Health Care Insurance, Hillary Clinton, History, House of Representatives, Human Behavior, Illegal Immigration, Illegal Immigration, Immigration, Independence, Iran Nuclear Weapons Deal, Islam, Law, Legal Immigration, Life, Lying, Medicare, Obama, Philosophy, Photos, Politics, Polls, Progressives, Rand Paul, Raymond Thomas Pronk, Religion, Scandals, Science, Security, Senate, Social Science, Social Security, Socials Security, Spying, Taxation, Taxes, Terror, Terrorism, Unemployment, Videos, Violence, War, Wealth, Weather, Welfare Spending, Wisdom | Tags: , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

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Pronk Pops Show 814: January 10, 2017

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Pronk Pops Show 812: December 12, 2016

Pronk Pops Show 811: December 9, 2016

Pronk Pops Show 810: December 8, 2016

Pronk Pops Show 809: December 7, 2016

Pronk Pops Show 808: December 6, 2016

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Pronk Pops Show 805: December 1, 2016

 

Story 1: Republicans United For Clean Repeal of Obamacare and Divided On Obamacare Replacement — Conservatives, Classical Liberals and Libertarians Oppose House Rollover Republican Ryancare — CATO Institute, Club for Growth, Freedom Works Heritage Foundation and House Freedom Caucus,  Republican Study Committee and American People  All Oppose Obamacare 2.0 Lite — Support Senator Rand Paul’s Bill and Freedom Caucus — Negotiate — Negotiate — Negotiate — Videos — 

Image result for cartoons on repeal and repace obamacare

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Image result for cartoons on obamacare

Conservative Freedom Caucus Torpedoes GOP Obamacare Replacement

MAJOR: Paul Ryan Introduces American Health Care Act, House GOP’s Obamacare Replacement

SABOTAGE! WHAT PAUL RYAN JUST DID TO TRUMPCARE PROVES HE’S A TRAITOR TO THE PRESIDENT

Speaker Paul Ryan: There isn’t chaos in GOP-led Congress

SEAN HANNITY INTERVIEWS TOM PRICE ABOUT TRUMP’S NEW HEALTHCARE PLAN – 3/7/17

Trump’s HHS Secretary On Obamacare Replacement Bill

Ingraham takes issue with GOP’s health care replacement bill

Herman Cain on Obamacare replacement bill: Consumers now back in charge

Laffer: Obamacare replacement bill worth 2,000-3,000 points on the Dow

President Trump Holds Meeting On Obamacare Replacement with House Deputy Whip Team 3/7/17

GOP releases Obamacare replacement details

York: Fate of GOP health care bill lies with Freedom Caucus

Republicans unveil Obamacare replacement

Trump backs healthcare tax credit amid conservative opposition

Sen. Rand Paul unveils ObamaCare replacement plan

Conservatives lash out at House GOP’s Obamacare replacement bill

March 7 at 3:01 PM
Influential conservative lawmakers and activist groups panned health-care legislation drafted by House Republican leaders Tuesday, throwing the GOP’s plan to undo the Affordable Care Act in serious doubt less than 24 hours after it was released.Those groups dubbed the House bill, backed by House Speaker Paul D. Ryan (R-Wis.), as “Obamacare Lite,” “RyanCare” or “RINOcare” — a reference to “Republican in name only,” a popular conservative epithet for establishment politicians.The Ryan-backed bill offers a more conservative vision for the nation’s health-care system, replacing federal insurance subsidies with a new form of individual tax credits and phasing out most of the ACA’s taxes. But key lawmakers and outside groups, who can rile up the party’s base against legislative plans, said the legislation does not go far enough in pulling back elements of President Barack Obama’s overhaul.“The House Republican proposal released last night not only accepts the flawed progressive premises of Obamacare but expands upon them,” Michael Needham, the head of Heritage Action for America, said in a statement Tuesday. “Congressional Republicans should fully repeal the failed law and begin a genuine effort to deliver on longstanding campaign promises that create a free market health care system.”Two other groups, FreedomWorks and the Club for Growth, decried the plans Tuesday as a betrayal of campaign promises.

A day after House Republicans released a plan to supplant the Affordable Care Act, Sen. Rand Paul (R-Ky.) outlined the issues he has with their proposal, indicating it might be unconstitutional. (Alice Li, Jayne Orenstein/The Washington Post)

“If this warmed-over substitute for government-run health care remains unchanged, the Club for Growth will key vote against it,” said the group’s president, David McIntosh, referring to a process in which lawmakers are graded on their votes, the better to use them as ammunition on the campaign trail.

The dilemma Republican congressional leaders face is, if they change the legislation to appease hard-line conservatives, they are likely to alienate more-moderate members who are wary of disrupting insurance markets and taking coverage away from those who gained it under the ACA.

The margin for dissent is slim: Assuming no Democrats break ranks to support the bill, for the overhaul to pass, Republicans can lose only 21 votes in the House and two votes in the Senate.

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Understanding the risks that can come between you and the retirement you want is an important step toward meeting your goals.

Four key Republicans in the Senate have expressed worries about the plan’s possible impact on lower-income people who received Medicaid coverage through the ACA’s expansion of that program. The four senators are split on exactly what proposals would meet their standards, but none are likely to support the course of action favored by many conservatives — passing a 2015 bill that repealed key ACA provisions without immediately including replacement provisions.

There were some signs of hope for the House plan Tuesday. President Trump offered an early boost to GOP leaders with a morning tweet: “Our wonderful new Healthcare Bill is now out for review and negotiation. ObamaCare is a complete and total disaster — is imploding fast!”

Vice President Pence attended a Senate Republican policy luncheon Tuesday and, in a break with normal practice, joined Senate Majority Leader Mitch McConnell and other GOP leaders at a news conference afterward to defend the House approach as “the framework for reform.”

“We are certainly open to improvements and recommendations in the legislative process, but this is the bill, and the president supports the American Health Care Act,” he said. “We are looking forward to working very directly with leadership in the House and the Senate in the weeks ahead. We are very confident that the American Health Care Act, with their help, will be on the president’s desk.”

In another sign of the administration’s support, Health and Human Services Secretary Tom Price sent a letter Tuesday to the chairmen of the two House committees processing the legislation, calling it a “necessary and important first step toward fulfilling our promises to the American people.”

But Price, who authored a similar ACA replacement proposal when he served in the House, said that achieving all of Trump’s health-care goals “will require more than what is possible” in the current legislation, which is limited in its scope to take advantage of special budget rules allowing for easier Senate passage.

He specifically mentioned allowing insurance to be sold across state lines, pharmaceutical cost reductions and “medical legal reforms,” an apparent reference to long-standing GOP proposals to limit malpractice liability.

Senate Majority Leader Mitch McConnell (R-Ky.) offered measured support for the proposed legislation and said he would bring it to the Senate floor should it pass the House.

“I encourage every member to review [the legislation] because I hope to call it up when we receive it from the House,” McConnell said Tuesday on the Senate floor. “We’ve come a long way. We’ve got a lot further to go, but we’re making significant progress. Working arm in arm with the House and the new administration, we’re going to keep our promise to the American people.”

While some of the fiercest criticism came from hard-right activist groups that have dogged Republican congressional leaders for years, other more establishment-minded organs joined the chorus of dissent.

National Review published an editorial Tuesday that said the legislation was “a disappointment” and has “serious flaws even as a first step toward full repeal and replacement.”

Republicans, the influential conservative magazine said, “would be better off rallying behind a bill in which they really believe, even if Democrats kill it with a filibuster,than trying and failing to enact a bill that they support only tepidly.”

Leaders involved in drafting the bills sought to defend their plan against the onslaught of criticism, describing it as the product of months of internal discussions and saying its details could still change.

“We now have a bill that’s available for all to read,” said Rep. Greg Walden (R-Ore.), chairman of the House Energy and Commerce Committee, which helped craft one of them, at a news conference Tuesday. “I’d encourage them to do it. I’d encourage them to look against their own bills and what they’ve supported in the past. And then let’s have a thoughtful legislative discussion.”

Rep. Kevin Brady (R-Tex.), chairman of the House Ways and Means Committee, which produced the other bill, said: “As Republicans, we have a choice. We can act now, or we can keep fiddling around and squander this opportunity to repeal Obamacare and begin a new chapter of freedom for the American people. House Republicans are choosing to act now.”

Still, agitation among conservatives was evident Monday night and poured into Tuesday.

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Keep these factors in mind when planning for retirement
Understanding the risks that can come between you and the retirement you want is an important step toward meeting your goals.

“Keep the ‘Cadillac’ tax in place? Keep Medicaid in place until 2020?” said Rep. Jim Jordan (R-Ohio), a co-founder of the House Freedom Caucus, referring to high-priced health-care plans. “We didn’t have Medicaid expansion in the bill we sent to President Obama, but we have it in the one we send to President Trump? That makes no sense to me.”

“Obamacare 2.0,” tweeted Rep. Justin Amash (R-Mich.), a libertarian who frequently breaks with GOP leadership.

Under two bills drafted by separate House committees, the government would no longer penalize Americans for failing to have health insurance but would try to encourage people to maintain coverage by allowing insurers to impose a 30 percent surcharge for those who do not have continuous coverage.

The legislation would preserve two of the most popular features of the 2010 health-care law, letting young adults stay on their parents’ health plans until age 26 and forbidding insurers to deny coverage or charge more to people with preexisting medical problems. It would also target Planned Parenthood, rendering the women’s health organization ineligible for Medicaid reimbursements or federal family -planning grants — a key priority for antiabortion groups.

Taken together, the bills introduced Monday represent the Republicans’ first attempt — and best shot to date, with an ally in the White House — to translate into action seven years of talking points about demolishing the ACA.

At the same time, major aspects of the House GOP plan reflect the treacherous terrain that Republicans face to win enough votes within their own conferences in the GOP-controlled House and Senate.

The bills must address concerns of both conservatives worried about the plan’s cost and the notion it might enshrine a new federal entitlement, as well as more moderate members who want to ensure that their constituents, including those who received coverage under the ACA’s Medicaid expansion, retain access to affordable health care.

The Freedom Caucus, a block of roughly 30 House hard-liners who criticized earlier versions of the bill, is set to meet Tuesday night to discuss the health-care bill and perhaps develop a list of demands to present to GOP leaders.

Members of the Republican Study Committee, a larger conservative group, were already critical of key elements of the plan. “This is a Republican welfare entitlement,” reads an RSC analysis distributed late Monday, addressing the inclusion of refundable tax credits in the plan.

With no Democrats expected to vote to pass the bill and four House GOP seats vacant, Republicans can afford to lose no more than 21 members in the lower chamber.

In recognition of the close vote that is expected, House Majority Whip Steve Scalise (R-La.) and several deputy whips are expected to visit the White House Tuesday afternoon to discuss the health-care bill with Trump administration officials.

On Tuesday morning, Trump signaled the work on the proposal was not completely finished, referring to selling insurance across state lines and saying that change would come in “phase 2 & 3 of healthcare rollout.” The president also said he was “working on new system where there will be competition in the Drug Industry” that will lead prices to “come way down.”

Conservative critics of the measure had noted the plan’s exclusion of selling insurance across state lines. “The problems with this bill are not just what’s in it, but also what’s missing,” said McIntosh.

Yet attacks from the right were not the only challenge facing Republican leaders.

Four key Republican senators, all from states that opted to expand Medicaid under the ACA, said they would oppose any new plan that would leave millions of Americans uninsured.

“We will not support a plan that does not include stability for Medicaid expansion populations or flexibility for states,” Sens. Rob Portman (Ohio), Shelley Moore Capito (W.Va.), Cory Gardner (Colo.) and Lisa Murkowski (Alaska) wrote in a letter to McConnell on Monday.

The plan from House Republicans would substantially redesign Medicaid with the goal of balancing the GOP’s antipathy toward the ACA’s expansion of the program against the concerns of a significant cadre of Republican governors — and the lawmakers from their states — who fear losing millions of dollars that the law has funneled to help insure low-income residents.

Democrats, meanwhile, have given no indication that they intend to work with Republicans, and top party leaders decried the GOP plan Monday as a betrayal of everyday Americans. “Trumpcare doesn’t replace the Affordable Care Act, it forces millions of Americans to pay more for less care,” said Senate Minority Leader Charles E. Schumer (D-N.Y.).

In particular, the plan to target Planned Parenthood has already generated fierce pushback from Democrats and doubts from some Republicans who have noted that federal funds are already barred from funding abortions and that Planned Parenthood provides routine medical care to millions of American women.

https://www.washingtonpost.com/powerpost/house-leaders-brace-for-the-task-ahead-selling-obamacare-lite/2017/03/07/ab2f721e-02e5-11e7-ad5b-d22680e18d10_story.html?utm_term=.b64bbc38491c

A Disappointing Start

by THE EDITORS March 7, 2017 12:45 PM We believe that Obamacare should be repealed and replaced with policies that enable Americans to make their own decisions about what sort of health insurance to

We believe that Obamacare should be repealed and replaced with policies that enable Americans to make their own decisions about what sort of health insurance to buy, and that their options should include low-premium coverage that protects them against the risk of major financial setbacks resulting from health care. The legislation released last night by House Republicans is, even on the most charitable reading, only a first step toward that goal.

It does not repeal all of Obamacare, leaving many of its regulations in place. The apparent rationale for this omission is that eliminating the regulations would subject the legislation to a fatal Senate filibuster. We have recommended that Republicans defang the regulations by replacing Obamacare’s subsidies with a simple new tax credit that people could use to buy insurance governed by a new, lighter regulatory regime. That way Obamacare’s regulations would stay on the books but no longer hinder consumer choice. But Republicans shrank from this option, too.

We disagree with this tactical decision, which places Senate parliamentary rules — or, rather, places guesses about how those rules would operate — ahead of good health policy and making good on longstanding party promises. It also seems to us that Republicans would be better off rallying behind a bill in which they really believe, even if Democrats kill it with a filibuster, than trying and failing to enact a bill that they support only tepidly. That second outcome may now take place.

Moreover, the legislation has some serious flaws even as a first step toward full repeal and replacement. It eliminates Obamacare’s fines on people who go without insurance, but in their place creates a new surcharge for people who let their insurance lapse and then try to purchase a new policy. The goal is to keep healthy people from leaving the insurance rolls and thus destabilizing insurance markets.

The surcharge is a heavy-handed instrument: Insurers would be obligated to impose it regardless of their preferences. Yet the surcharge might not achieve its goal. A lot of healthy people might well decide to go without insurance and run the risk of paying a surcharge if they get sick later. The surcharge even undermines its own goal, since it would discourage healthy people who had already left the insurance rolls from getting back on them.

The bill has its good points. If the surcharge works, the deregulation in the bill would lower premiums. Many of Obamacare’s taxes would be repealed. Obamacare’s tax credits create high effective marginal tax rates for people in the lower middle class; the bill’s replacement tax credits would avoid this problem. Permissible contributions to and limits on health savings accounts would be loosened. Federal contributions to Medicaid would be capped, ending the perverse incentives that have for decades enabled the growth of the program. All in all, though, the bill is a disappointment. And it is not too late to get a second opinion.

All in all, though, the bill is a disappointment. And it is not too late to get a second opinion.

 http://www.nationalreview.com/article/445558/obamacare-replacement-republican-plan-house-representatives-disappointing

Story 2: Wikileaks Vault 7 Release Reveals CIA’s Collection of Hacking Tools and Malware of Secret Surveillance Spying Security State (S5) — Intelligence Community Are Listening and Watching — George Orwell Was An Optimist — Two Party Turnkey Tyranny — Videos — 

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Wikileaks Unveils ‘Vault 7’: “The Largest Ever Publication Of Confidential CIA Documents”; Another Snowden Emerges

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WikiLeaks has published what it claims is the largest ever release of confidential documents on the CIA. It includes more than 8,000 documents as part of ‘Vault 7’, a series of leaks on the agency, which have allegedly emerged from the CIA’s Center For Cyber Intelligence in Langley, and which can be seen on the org chart below, which Wikileaks also released:

A total of 8,761 documents have been published as part of ‘Year Zero’, the first in a series of leaks the whistleblower organization has dubbed ‘Vault 7.’ WikiLeaks said that ‘Year Zero’ revealed details of the CIA’s “global covert hacking program,” including “weaponized exploits” used against company products including “Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.”

WikiLeaks tweeted the leak, which it claims came from a network inside the CIA’s Center for Cyber Intelligence in Langley, Virginia.

Among the more notable disclosures which, if confirmed, “would rock the technology world“, the CIA had managed to bypass encryption on popular phone and messaging services such as Signal, WhatsApp and Telegram. According to the statement from WikiLeaks, government hackers can penetrate Android phones and collect “audio and message traffic before encryption is applied.”

Another profound revelation is that the CIA can engage in “false flag” cyberattacks which portray Russia as the assailant. Discussing the CIA’s Remote Devices Branch’s UMBRAGE group, Wikileaks’ source notes that it “collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation.

“With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from. UMBRAGE components cover keyloggers, password collection, webcam capture, data destruction, persistence, privilege escalation, stealth, anti-virus (PSP) avoidance and survey techniques.”

As Kim Dotcom summarizes this finding, “CIA uses techniques to make cyber attacks look like they originated from enemy state. It turns DNC/Russia hack allegation by CIA into a JOKE

CIA uses techniques to make cyber attacks look like they originated from enemy state. It turns DNC/Russia hack allegation by CIA into a JOKE

But perhaps what is most notable is the purported emergence of another Snowden-type whistleblower: the source of the information told WikiLeaks in a statement that they wish to initiate a public debate about the “security, creation, use, proliferation and democratic control of cyberweapons.”  Policy questions that should be debated in public include “whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency,” WikiLeaks claims the source said.

The FAQ section of the release, shown below, provides further details on the extent of the leak, which was “obtained recently and covers through 2016”. The time period covered in the latest leak is between the years 2013 and 2016, according to the CIA timestamps on the documents themselves. Secondly, WikiLeaks has asserted that it has not mined the entire leak and has only verified it, asking that journalists and activists do the leg work.

Among the various techniques profiled by WikiLeaks is “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.

As Kim Dotcom chimed in on Twitter, “CIA turns Smart TVs, iPhones, gaming consoles and many other consumer gadgets into open microphones” and added ” CIA turned every Microsoft Windows PC in the world into spyware. Can activate backdoors on demand, including via Windows update”

BREAKING: CIA turns Smart TVs, iPhones, gaming consoles and many other consumer gadgets into open microphones.

Dotcom also added that “Obama accused Russia of cyberattacks while his CIA turned all internet enabled consumer electronics in Russia into listening devices. Wow!”

Obama accused Russia of cyberattacks while his CIA turned all internet enabled consumer electronics in Russia into listening devices. Wow!

Julian Assange, WikiLeaks editor stated that “There is an extreme proliferation risk in the development of cyber ‘weapons’. Comparisons can be drawn between the uncontrolled proliferation of such ‘weapons’, which results from the inability to contain them combined with their high market value, and the global arms trade. But the significance of “Year Zero” goes well beyond the choice between cyberwar and cyberpeace. The disclosure is also exceptional from a political, legal and forensic perspective.”

Key Highlights from the Vault 7 release so far:

  • “Year Zero” introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.
  • Wikileaks claims that the CIA lost control of the majority of its hacking arsenal including malware, viruses, trojans, weaponized “zero day” exploits, malware remote control systems and associated documentation. This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA. The archive appears to have been circulated among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.
  • By the end of 2016, the CIA’s hacking division, which formally falls under the agency’s Center for Cyber Intelligence (CCI), had over 5000 registered users and had produced more than a thousand hacking systems, trojans, viruses, and other “weaponized” malware. Such is the scale of the CIA’s undertaking that by 2016, its hackers had utilized more code than that used to run Facebook.
  • The CIA had created, in effect, its “own NSA” with even less accountability and without publicly answering the question as to whether such a massive budgetary spend on duplicating the capacities of a rival agency could be justified.
  • Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by rival states, cyber mafia and teenage hackers alike.

Snowden 2.0?

  • In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency. The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.

CIA targets iPhones, Androids, smart TVs:

  • CIA malware and hacking tools are built by EDG (Engineering Development Group), a software development group within CCI (Center for Cyber Intelligence), a department belonging to the CIA’s DDI (Directorate for Digital Innovation). The DDI is one of the five major directorates of the CIA (see this organizational chart of the CIA for more details).
  • The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.

Also cars, suggesting that the CIA may have a role in the death of Michael Hastings:

  • As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks.
  • The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.

And computers:

  • The CIA also runs a very substantial effort to infect and control Microsoft Windows users with its malware. This includes multiple local and remote weaponized “zero days”, air gap jumping viruses such as “Hammer Drill” which infects software distributed on CD/DVDs, infectors for removable media such as USBs, systems to hide data in images or in covert disk areas ( “Brutal Kangaroo”) and to keep its malware infestations going.

Hoarding of Zero Day exploits:

  • In the wake of Edward Snowden’s leaks about the NSA, the U.S. technology industry secured a commitment from the Obama administration that the executive would disclose on an ongoing basis — rather than hoard — serious vulnerabilities, exploits, bugs or “zero days” to Apple, Google, Microsoft, and other US-based manufacturers.
  • Serious vulnerabilities not disclosed to the manufacturers places huge swathes of the population and critical infrastructure at risk to foreign intelligence or cyber criminals who independently discover or hear rumors of the vulnerability. If the CIA can discover such vulnerabilities so can others.

Proliferation of leaked/hacked Cyberwar programs:

  • While nuclear proliferation has been restrained by the enormous costs and visible infrastructure involved in assembling enough fissile material to produce a critical nuclear mass, cyber ‘weapons’, once developed, are very hard to retain. Cyber ‘weapons’ are in fact just computer programs which can be pirated like any other. Since they are entirely comprised of information they can be copied quickly with no marginal cost.
  • Over the last three years the United States intelligence sector, which consists of government agencies such as the CIA and NSA and their contractors, such as Booze Allan Hamilton, has been subject to unprecedented series of data exfiltrations by its own workers.
  • Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by peer states, cyber mafia and teenage hackers alike.

The U.S. Consulate in Frankfurt is a covert CIA hacker base

  • In addition to its operations in Langley, Virginia the CIA also uses the U.S. consulate in Frankfurt as a covert base for its hackers covering Europe, the Middle East and Africa. CIA hackers operating out of the Frankfurt consulate ( “Center for Cyber Intelligence Europe” or CCIE) are given diplomatic (“black”) passports and State Department cover.
  • The instructions for incoming CIA hackers make Germany’s counter-intelligence efforts appear inconsequential: “Breeze through German Customs because you have your cover-for-action story down pat, and all they did was stamp your passport”

Examples of CIA projects

  • The CIA’s Engineering Development Group (EDG) management system contains around 500 different projects (only some of which are documented by “Year Zero”) each with their own sub-projects, malware and hacker tools. The majority of these projects relate to tools that are used for penetration, infestation (“implanting”), control, and exfiltration.
  • Umbrage: The CIA’s Remote Devices Branch’s UMBRAGE group collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation. With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from.
  • Fine Dining:  Fine Dining comes with a standardized questionnaire i.e menu that CIA case officers fill out. The questionnaire is used by the agency’s OSB (Operational Support Branch) to transform the requests of case officers into technical requirements for hacking attacks (typically “exfiltrating” information from computer systems) for specific operations.  Among the list of possible targets of the collection are ‘Asset’, ‘Liason Asset’, ‘System Administrator’, ‘Foreign Information Operations’, ‘Foreign Intelligence Agencies’ and ‘Foreign Government Entities’. Notably absent is any reference to extremists or transnational criminals.
  • ‘Improvise’; a toolset for configuration, post-processing, payload setup and execution vector selection for survey/exfiltration tools supporting all major operating systems like Windows (Bartender), MacOS (JukeBox) and Linux (DanceFloor).
  • HIVE: HIVE is a multi-platform CIA malware suite and its associated control software. The project provides customizable implants for Windows, Solaris, MikroTik (used in internet routers) and Linux platforms and a Listening Post (LP)/Command and Control (C2) infrastructure to communicate with these implants. The implants are configured to communicate via HTTPS with the webserver of a cover domain; each operation utilizing these implants has a separate cover domain and the infrastructure can handle any number of cover domains.

And some key sections from the FAQ:

  • What time period is covered? The years 2013 to 2016. The sort order of the pages within each level is determined by date (oldest first). WikiLeaks has obtained the CIA’s creation/last modification date for each page but these do not yet appear for technical reasons. Usually the date can be discerned or approximated from the content and the page order. If it is critical to know the exact time/date contact WikiLeaks.
  • What is “Vault 7” “Vault 7” is a substantial collection of material about CIA activities obtained by WikiLeaks.
  • What is the total size of “Vault 7”? The series is the largest intelligence publication in history.
  • When was each part of “Vault 7” obtained?: Part one was obtained recently and covers through 2016. Details on the other parts will be available at the time of publication.
  • Is each part of “Vault 7” from a different source? Details on the other parts will be available at the time of publication.
  • How did WikiLeaks obtain each part of “Vault 7”? Sources trust WikiLeaks to not reveal information that might help identify them.
  • Isn’t WikiLeaks worried that the CIA will act against its staff to stop the series? No. That would be certainly counter-productive.

* * *

PREVIOUSLY

As a reminder, last night Wikileaks announced that it has released an encrypted torrent file which reportedly contains information on the mysterious “Vault 7”, and which we now know is the biggest “collection of material about CIA activities obtained by WikiLeaks.publication in history.” It can be downloaded now at the following URL, and accessed using the password “SplinterItIntoAThousandPiecesAndScatterItIntoTheWinds”

Wikileaks had previously announced that it would hold an 8am Eastern press conference, as part of the unveiling.

ANNOUNCE: WikiLeaks press conference in under five hours at 8am ET / 1pm UTC / 14:00 CET. Streamed live.

However, there appeared to have been some complications, with Wikileaks tweeting that “the press conference is under attack: Facebook+Periscope video used by WikiLeaks’ editor Julian Assange have been attacked. Activating contingency plans”

Press conf under attack: Facebook+Periscope video used by WikiLeaks’ editor Julian Assange have been attacked. Activating contingency (1/2)

Wikileaks then announced that “As Mr. Assange’s Perscipe+Facebook video stream links are under attack his video press conference will be rescheduled.”

NOTICE: As Mr. Assange’s Perscipe+Facebook video stream links are under attack his video press conference will be rescheduled.

In a separate tweet, Wikileaks has just released the passphrase to decrypt the torrent file: RELEASE: CIA Vault 7 Year Zero decryption passphrase:

SplinterItIntoAThousandPiecesAndScatterItIntoTheWinds

RELEASE: CIA Vault 7 Year Zero decryption passphrase:

SplinterItIntoAThousandPiecesAndScatterItIntoTheWinds

As a result, since Assange appears to have been unable to launch his previously scheduled press conference, he has gone ahead and issued the press release on Vault 7 Part 1 “Year Zero, which is titled: Inside the CIA’s global hacking force:

Press Release

Vault 7: CIA Hacking Tools Revealed

Today, Tuesday 7 March 2017, WikiLeaks begins its new series of leaks on the U.S. Central Intelligence Agency. Code-named “Vault 7” by WikiLeaks, it is the largest ever publication of confidential documents on the agency.

The first full part of the series, “Year Zero”, comprises 8,761 documents and files from an isolated, high-security network situated inside the CIA’s Center for Cyber Intelligence in Langley, Virgina. It follows an introductory disclosure last month of CIA targeting French political parties and candidates in the lead up to the 2012 presidential election.

Recently, the CIA lost control of the majority of its hacking arsenal including malware, viruses, trojans, weaponized “zero day” exploits, malware remote control systems and associated documentation. This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA. The archive appears to have been circulated among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.

“Year Zero” introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.

Since 2001 the CIA has gained political and budgetary preeminence over the U.S. National Security Agency (NSA). The CIA found itself building not just its now infamous drone fleet, but a very different type of covert, globe-spanning force — its own substantial fleet of hackers. The agency’s hacking division freed it from having to disclose its often controversial operations to the NSA (its primary bureaucratic rival) in order to draw on the NSA’s hacking capacities.

By the end of 2016, the CIA’s hacking division, which formally falls under the agency’s Center for Cyber Intelligence (CCI), had over 5000 registered users and had produced more than a thousand hacking systems, trojans, viruses, and other “weaponized” malware. Such is the scale of the CIA’s undertaking that by 2016, its hackers had utilized more code than that used to run Facebook. The CIA had created, in effect, its “own NSA” with even less accountability and without publicly answering the question as to whether such a massive budgetary spend on duplicating the capacities of a rival agency could be justified.

In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency. The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by rival states, cyber mafia and teenage hackers alike.

Julian Assange, WikiLeaks editor stated that “There is an extreme proliferation risk in the development of cyber ‘weapons’. Comparisons can be drawn between the uncontrolled proliferation of such ‘weapons’, which results from the inability to contain them combined with their high market value, and the global arms trade. But the significance of “Year Zero” goes well beyond the choice between cyberwar and cyberpeace. The disclosure is also exceptional from a political, legal and forensic perspective.”

Wikileaks has carefully reviewed the “Year Zero” disclosure and published substantive CIA documentation while avoiding the distribution of ‘armed’ cyberweapons until a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should analyzed, disarmed and published.

Wikileaks has also decided to redact and anonymise some identifying information in “Year Zero” for in depth analysis. These redactions include ten of thousands of CIA targets and attack machines throughout Latin America, Europe and the United States. While we are aware of the imperfect results of any approach chosen, we remain committed to our publishing model and note that the quantity of published pages in “Vault 7” part one (“Year Zero”) already eclipses the total number of pages published over the first three years of the Edward Snowden NSA leaks.

* * *

Analysis

CIA malware targets iPhone, Android, smart TVs

CIA malware and hacking tools are built by EDG (Engineering Development Group), a software development group within CCI (Center for Cyber Intelligence), a department belonging to the CIA’s DDI (Directorate for Digital Innovation). The DDI is one of the five major directorates of the CIA (see this organizational chart of the CIA for more details).

The EDG is responsible for the development, testing and operational support of all backdoors, exploits, malicious payloads, trojans, viruses and any other kind of malware used by the CIA in its covert operations world-wide.

The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.

The attack against Samsung smart TVs was developed in cooperation with the United Kingdom’s MI5/BTSS. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.

As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks. The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.

The CIA’s Mobile Devices Branch (MDB) developed numerous attacks to remotely hack and control popular smart phones. Infected phones can be instructed to send the CIA the user’s geolocation, audio and text communications as well as covertly activate the phone’s camera and microphone.

Despite iPhone’s minority share (14.5%) of the global smart phone market in 2016, a specialized unit in the CIA’s Mobile Development Branch produces malware to infest, control and exfiltrate data from iPhones and other Apple products running iOS, such as iPads. CIA’s arsenal includes numerous local and remote “zero days” developed by CIA or obtained from GCHQ, NSA, FBI or purchased from cyber arms contractors such as Baitshop. The disproportionate focus on iOS may be explained by the popularity of the iPhone among social, political, diplomatic and business elites.

A similar unit targets Google’s Android which is used to run the majority of the world’s smart phones (~85%) including Samsung, HTC and Sony. 1.15 billion Android powered phones were sold last year. “Year Zero” shows that as of 2016 the CIA had 24 “weaponized” Android “zero days” which it has developed itself and obtained from GCHQ, NSA and cyber arms contractors.

These techniques permit the CIA to bypass the encryption of WhatsApp, Signal, Telegram, Wiebo, Confide and Cloackman by hacking the “smart” phones that they run on and collecting audio and message traffic before encryption is applied.

CIA malware targets Windows, OSx, Linux, routers

The CIA also runs a very substantial effort to infect and control Microsoft Windows users with its malware. This includes multiple local and remote weaponized “zero days”, air gap jumping viruses such as “Hammer Drill” which infects software distributed on CD/DVDs, infectors for removable media such as USBs, systems to hide data in images or in covert disk areas ( “Brutal Kangaroo”) and to keep its malware infestations going.

Many of these infection efforts are pulled together by the CIA’s Automated Implant Branch (AIB), which has developed several attack systems for automated infestation and control of CIA malware, such as “Assassin” and “Medusa”.

Attacks against Internet infrastructure and webservers are developed by the CIA’s Network Devices Branch (NDB).

The CIA has developed automated multi-platform malware attack and control systems covering Windows, Mac OS X, Solaris, Linux and more, such as EDB’s “HIVE” and the related “Cutthroat” and “Swindle” tools, which are described in the examples section below.

CIA ‘hoarded’ vulnerabilities (“zero days”)

In the wake of Edward Snowden’s leaks about the NSA, the U.S. technology industry secured a commitment from the Obama administration that the executive would disclose on an ongoing basis — rather than hoard — serious vulnerabilities, exploits, bugs or “zero days” to Apple, Google, Microsoft, and other US-based manufacturers.

Serious vulnerabilities not disclosed to the manufacturers places huge swathes of the population and critical infrastructure at risk to foreign intelligence or cyber criminals who independently discover or hear rumors of the vulnerability. If the CIA can discover such vulnerabilities so can others.

The U.S. government’s commitment to the Vulnerabilities Equities Process came after significant lobbying by US technology companies, who risk losing their share of the global market over real and perceived hidden vulnerabilities. The government stated that it would disclose all pervasive vulnerabilities discovered after 2010 on an ongoing basis.

“Year Zero” documents show that the CIA breached the Obama administration’s commitments. Many of the vulnerabilities used in the CIA’s cyber arsenal are pervasive and some may already have been found by rival intelligence agencies or cyber criminals.

As an example, specific CIA malware revealed in “Year Zero” is able to penetrate, infest and control both the Android phone and iPhone software that runs or has run presidential Twitter accounts. The CIA attacks this software by using undisclosed security vulnerabilities (“zero days”) possessed by the CIA but if the CIA can hack these phones then so can everyone else who has obtained or discovered the vulnerability. As long as the CIA keeps these vulnerabilities concealed from Apple and Google (who make the phones) they will not be fixed, and the phones will remain hackable.

The same vulnerabilities exist for the population at large, including the U.S. Cabinet, Congress, top CEOs, system administrators, security officers and engineers. By hiding these security flaws from manufacturers like Apple and Google the CIA ensures that it can hack everyone &mdsh; at the expense of leaving everyone hackable.

‘Cyberwar’ programs are a serious proliferation risk

Cyber ‘weapons’ are not possible to keep under effective control.

While nuclear proliferation has been restrained by the enormous costs and visible infrastructure involved in assembling enough fissile material to produce a critical nuclear mass, cyber ‘weapons’, once developed, are very hard to retain.

Cyber ‘weapons’ are in fact just computer programs which can be pirated like any other. Since they are entirely comprised of information they can be copied quickly with no marginal cost.

Securing such ‘weapons’ is particularly difficult since the same people who develop and use them have the skills to exfiltrate copies without leaving traces — sometimes by using the very same ‘weapons’ against the organizations that contain them. There are substantial price incentives for government hackers and consultants to obtain copies since there is a global “vulnerability market” that will pay hundreds of thousands to millions of dollars for copies of such ‘weapons’. Similarly, contractors and companies who obtain such ‘weapons’ sometimes use them for their own purposes, obtaining advantage over their competitors in selling ‘hacking’ services.

Over the last three years the United States intelligence sector, which consists of government agencies such as the CIA and NSA and their contractors, such as Booze Allan Hamilton, has been subject to unprecedented series of data exfiltrations by its own workers.

A number of intelligence community members not yet publicly named have been arrested or subject to federal criminal investigations in separate incidents.

Most visibly, on February 8, 2017 a U.S. federal grand jury indicted Harold T. Martin III with 20 counts of mishandling classified information. The Department of Justice alleged that it seized some 50,000 gigabytes of information from Harold T. Martin III that he had obtained from classified programs at NSA and CIA, including the source code for numerous hacking tools.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by peer states, cyber mafia and teenage hackers alike.

http://www.zerohedge.com/news/2017-03-07/wikileaks-hold-press-conference-vault-7-release-8am-eastern

WikiLeaks Posts Thousands of Purported CIA Cyberhacking Documents

Records show CIA able to spy on smartphones, internet TVs

WikiLeaks released thousands of documents and files Tuesday that it said exposed hacking tools the Central Intelligence Agency uses.

WikiLeaks released thousands of documents and files Tuesday that it said exposed hacking tools the Central Intelligence Agency uses.PHOTO: LARRY DOWNING/REUTERS

WASHINGTON—WikiLeaks released thousands of documents and files Tuesday that it said exposed tools the Central Intelligence Agency uses to hack smartphones, computer operating systems, messenger applications and internet-connected televisions.

The unauthorized disclosure—the first part of which WikiLeaks said consisted of 8,761 documents and files from the CIA’s Center for Cyber Intelligence—confronts President Donald Trump with a threat from the very organization that leaked documents on his opponent, Democrat Hillary Clinton, during the 2016 presidential campaign.

WikiLeaks named the series of files “Vault 7” and called the unauthorized disclosure the “largest ever publication of confidential documents on the agency,” saying it exposed the malware and exploits the agency amassed to hack smartphones and turn some televisions into covert microphones.

A CIA spokesman declined to comment “on the authenticity or content of purported intelligence documents.”

An intelligence source said some of the information does pertain to tools that the CIA uses to hack computers and other devices. This person said disclosing the information would jeopardize ongoing intelligence-gathering operations and the revelations were far more significant than the leaks of Edward Snowden, a former contractor for the National Security Agency who exposed active surveillance programs in 2013.

Mr. Snowden’s leaks revealed names of programs, companies that assist the NSA in surveillance and in some cases the targets of American spying. But the recent leak purports to contain highly technical details about how surveillance is carried out. That would make them far more revealing and useful to an adversary, this person said.

In one sense, Mr. Snowden provided a briefing book on U.S. surveillance, but the CIA leaks could provide the blueprints.

WikiLeaks said in its statement that it was not publishing such information as computer source code that could be used to replicate the tools it claims to have exposed. But the group left open the possibility of publishing those crucial details if “a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should [sic] analyzed, disarmed and published.”

Mr. Snowden said in a tweet Tuesday, “Still working through the publication, but what @Wikileaks has here is genuinely a big deal. Looks authentic.”

WikiLeaks said the CIA recently “lost control” of the majority of its hacking arsenal. “This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA,” the site said in a statement. “The archive appears to have been circulating among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.”

The website put out what it called the first installment in a series of planned leaks on Tuesday, calling it “Year Zero.” It said the first installment “introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of ‘zero day’ weaponized exploits against a wide range of U.S. and European company products.”

WikiLeaks said the information on CIA hacking came from an unidentified source who believes the spy agency’s hacking authorities “urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency.”

Much of what WikiLeaks posted Tuesday appeared to be a kind of internal Wikipedia for U.S. cyber-warfare developers to collaborate, post and access information about available hacking tools. In many instances, WikiLeaks has redacted entries that appear to link to specific executable files. The documents show, for example, what capabilities exist to bypass antivirus software, with a different entry for each antivirus company.

The revelations are sure to fuel an ongoing debate over whether intelligence agencies that discover security flaws in popular technology should disclose them, so that the users can defend themselves from hackers, or keep that information secret for use in intelligence operations.

One document claims that the CIA has discovered numerous ways to hack into versions of Apple’s iOS, the mobile operating system used on iPhones. In general, hacking tools for the iPhone are considered especially valuable because the technology is so widely used, experts said. One particular hacking tool appears to remain on an iPhone even after it has been rebooted, which would make it particularly valuable to an intruder.

“These documents, which appear to be authentic, show that the intelligence community has deliberately maintained vulnerabilities in the most common devices used by hundreds of millions of people,” Ben Wizner, the director of the Speech, Privacy, and Technology Project at the American Civil Liberties Union, said in a statement.

“Those vulnerabilities will be exploited not just by our security agencies, but by hackers and governments around the world. The government has the capacity and obligation to help technology companies fix vulnerabilities as soon as they are discovered,” Mr. Wizner said.

This is the latest high-profile leak of information by WikiLeaks, which last fall published emails stolen from Mrs. Clinton’s campaign chairman, John Podesta. U.S. intelligence agencies concluded that Russian government hackers stole those emails and provided them to WikiLeaks.

WikiLeaks said the documents show the CIA’s ability to bypass the encryption of popular messenger applications, including WhatsApp, Signal, Telegram and Confide by hacking the smartphones they run on and collecting audio and message traffic before the applications encrypt the user’s texts.

The site said the documents also show how the CIA developed other mobile hacking technologies, including the ability to activate the camera and microphone of a target’s smartphone covertly and surreptitiously retrieve a target’s geolocation, audio and text communications.

WikiLeaks said one of the documents also shows how the CIA developed a program to hack internet-connected televisions in conjunction with British intelligence. The attacks can place Samsung smart TVs in a fake off mode, so the owner believes the television is switched off, while in reality it is functioning as a bug and recording conversations in the room, WikiLeaks said.

https://www.wsj.com/articles/wikileaks-posts-thousands-of-purported-cia-cyberhacking-documents-1488905823

WikiLeaks publishes massive trove of CIA spying files in ‘Vault 7’ release

Julian Assange claims that documents are the most comprehensive CIA release ever and are far larger than the Snowden files

The Independent Tech

WikiLeaks has published a huge trove of what appear to be CIA spying secrets.

The files are the most comprehensive release of US spying files ever made public, according to Julian Assange. In all, there are 8,761 documents that account for “the entire hacking capacity of the CIA”, Mr Assange claimed in a release, and the trove is just the first of a series of “Vault 7” leaks.

Already, the files include far more pages than the Snowden files that exposed the vast hacking power of the NSA and other agencies.

 In publishing the documents, WikiLeaks had ensured that the CIA had “lost control of its arsenal”, he claimed. That included a range of software and exploits that if real could allow unparalleled control of computers around the world.

It includes software that could allow people to take control of the most popular consumer electronics products used today, claimed WikiLeaks.

“‘Year Zero’ introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones,” the organisation said in a release.

The public files don’t include the cyber weapons themselves, according to a statement. The organisation will refrain from distributing “armed” software “until a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should analyzed, disarmed and published”, it said.

The files were made available by a source who intended for them to start a conversation about whether the CIA had gained too much power, according to the organisation.

“In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency,” a release read. “The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.”

It also redacts the details of some of the names, locations and targets that are identified in the documents.

The organisation had teased the release in advance with strange messages about the release being “Year Zero”, and references to “Vault 7”. It had planned to release the files later on but that plan was thrown off when its press conference came under cyber attack, Mr Assange claimed.

http://www.independent.co.uk/life-style/gadgets-and-tech/news/wikileaks-cia-vault-7-julian-assange-year-zero-documents-download-spying-secrets-a7616031.html

WikiLeaks releases ‘entire hacking capacity of the CIA’

Gutfeld: ‘Day Without a Woman’ strike sends wrong message

WikiLeaks on Tuesday released what it said is the full hacking capacity of the CIA in a stunning 8,000-plus page disclosure the anti-secrecy website contends is “the largest ever publication of confidential documents on the agency.”

The 8,761 documents and files — released as “Vault 7 Part 1” and titled “Year Zero” — were obtained from an “isolated, high-security network” at the CIA’s Center for Cyber Intelligence in Langley, Va., a press release from the website said. The trove had been “circulated among former U.S. government hackers and contractors,” one of whom “recently” gave the archive to WikiLeaks. The CIA allegedly employs more than 5,000 people in its cyber spying operation and had produced more than 1,000 programs as of 2016.

“We do not comment on the authenticity or content of purported intelligence documents,” a CIA spokesperson told Fox News.

The collection of purported intelligence documents includes information on CIA-developed malware — bearing names such as “Assassin” and “Medusa” — intended to target iPhones, Android phones, smart TVs and Microsoft, Mac and Linux operating systems, among others. An entire unit in the CIA is devoted to inventing programs to hack data from Apple products, according to WikiLeaks.

WIKILEAKS OFFERS REWARD FOR INFO ON OBAMA MISDEEDS

Some of the remote hacking programs can allegedly turn numerous electronic devices into recording and transmitting stations to spy on their targets, with the information then sent back to secret CIA servers. One document appears to show the CIA was trying to “infect” vehicle control systems in cars and trucks for unspecified means.

WikiLeaks hinted that the capabilites revealed in Tuesday’s disclosure could have even darker utility than simply spying.

“It would permit the CIA to engage in nearly undetectable assassinations,” the release stated.

WikiLeaks confirms CIA can effectively bypass Signal + Telegram + WhatsApp + Confide encryptionhttps://wikileaks.org/ciav7p1 

FLASHBACK: WIKILEAKS REVEALS CLINTON ‘HITS’ FILE ON SANDERS

The site said the CIA additionally failed to disclose security vulnerabilities and bugs to major U.S. software manufacturers, violating an Obama administration commitment made in January 2014. Instead, the agency used the software vulnerabilities — which could also be exploited by rival agencies, nations and groups — for its own ends, WikiLeaks said.

CIA hackers celebrated what they saw as the financial largesse of Obama towards them with “Make It Rain” gifhttps://wikileaks.org/ciav7p1/cms/files/makeitrain.gif 

“As an example, specific CIA malware revealed in ‘Year Zero’ is able to penetrate, infest and control both the Android phone and iPhone software that runs or has run presidential Twitter accounts,” the WikiLeaks release stated.

Digital rights non-profit Access Now said in a statement on Tuesday it was “fantasy to believe only the ‘good guys'” would be able to use the discovered vulnerabilities.

“Today, our digital security has been compromised because the CIA has been stockpiling vulnerabilities rather than working with companies to patch them,” Senior Legislative Manager Nathan White said.

The CIA allegedly also maintains a database of malware created in other nations — WikiLeaks specifically cites Russia — in order to disguise its own hacking attempts as the work of another group.

In what is described by WikiLeaks as “one of the most astounding intelligence own goals in living memory,” the CIA is said to have made most of its programs unclassified to avoid legal consequences for transmitting classified information through the Internet — a move that increased the risk of outside groups pirating the cyber spying tools.

WikiLeaks also revealed the U.S. Consulate in Frankfurt is a hacking base, and the website provided the methods by which agents obfuscate customs officers to gain entry to Germany, pretending to provide technical consultation.

WikiLeaks said its source released the files because they believed questions surrounding the CIA’s reach “urgently need to be debated in public,” echoing the motives of many previous leakers.

PSA: This incorrectly implies CIA hacked these apps / encryption. But the docs show iOS/Android are what got hacked – a much bigger problem. https://twitter.com/wikileaks/status/839120909625606152 

Still working through the publication, but what @Wikileaks has here is genuinely a big deal. Looks authentic.

One such former leaker, Edward Snowden, tweeted Tuesday afternoon about the WikiLeaks release.

“Still working through the publication, but what @Wikileaks has here is genuinely a big deal. Looks authentic,” wrote Snowden, who has been granted asylum in Russia as he seeks to avoid criminal prosecution in the U.S.

Some of the WikiLeaks files include redacted information, such as tens “of thousands of CIA targets and attack machines throughout Latin America, Europe and the United States.”

http://www.foxnews.com/us/2017/03/07/wikileaks-releases-entire-hacking-capacity-cia.html

Vault 7: CIA Hacking Tools Revealed

  • Releases
  • Documents

Press Release

Today, Tuesday 7 March 2017, WikiLeaks begins its new series of leaks on the U.S. Central Intelligence Agency. Code-named “Vault 7” by WikiLeaks, it is the largest ever publication of confidential documents on the agency.

The first full part of the series, “Year Zero”, comprises 8,761 documents and files from an isolated, high-security network situated inside the CIA’s Center for Cyber Intelligence in Langley, Virgina. It follows an introductory disclosure last month of CIA targeting French political parties and candidates in the lead up to the 2012 presidential election.

Recently, the CIA lost control of the majority of its hacking arsenal including malware, viruses, trojans, weaponized “zero day” exploits, malware remote control systems and associated documentation. This extraordinary collection, which amounts to more than several hundred million lines of code, gives its possessor the entire hacking capacity of the CIA. The archive appears to have been circulated among former U.S. government hackers and contractors in an unauthorized manner, one of whom has provided WikiLeaks with portions of the archive.

“Year Zero” introduces the scope and direction of the CIA’s global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple’s iPhone, Google’s Android and Microsoft’s Windows and even Samsung TVs, which are turned into covert microphones.

Since 2001 the CIA has gained political and budgetary preeminence over the U.S. National Security Agency (NSA). The CIA found itself building not just its now infamous drone fleet, but a very different type of covert, globe-spanning force — its own substantial fleet of hackers. The agency’s hacking division freed it from having to disclose its often controversial operations to the NSA (its primary bureaucratic rival) in order to draw on the NSA’s hacking capacities.

By the end of 2016, the CIA’s hacking division, which formally falls under the agency’s Center for Cyber Intelligence (CCI), had over 5000 registered users and had produced more than a thousand hacking systems, trojans, viruses, and other “weaponized” malware. Such is the scale of the CIA’s undertaking that by 2016, its hackers had utilized more code than that used to run Facebook. The CIA had created, in effect, its “own NSA” with even less accountability and without publicly answering the question as to whether such a massive budgetary spend on duplicating the capacities of a rival agency could be justified.

In a statement to WikiLeaks the source details policy questions that they say urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency. The source wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyberweapons.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by rival states, cyber mafia and teenage hackers alike.

Julian Assange, WikiLeaks editor stated that “There is an extreme proliferation risk in the development of cyber ‘weapons’. Comparisons can be drawn between the uncontrolled proliferation of such ‘weapons’, which results from the inability to contain them combined with their high market value, and the global arms trade. But the significance of “Year Zero” goes well beyond the choice between cyberwar and cyberpeace. The disclosure is also exceptional from a political, legal and forensic perspective.”

Wikileaks has carefully reviewed the “Year Zero” disclosure and published substantive CIA documentation while avoiding the distribution of ‘armed’ cyberweapons until a consensus emerges on the technical and political nature of the CIA’s program and how such ‘weapons’ should analyzed, disarmed and published.

Wikileaks has also decided to redact and anonymise some identifying information in “Year Zero” for in depth analysis. These redactions include ten of thousands of CIA targets and attack machines throughout Latin America, Europe and the United States. While we are aware of the imperfect results of any approach chosen, we remain committed to our publishing model and note that the quantity of published pages in “Vault 7” part one (“Year Zero”) already eclipses the total number of pages published over the first three years of the Edward Snowden NSA leaks.

Analysis

CIA malware targets iPhone, Android, smart TVs

CIA malware and hacking tools are built by EDG (Engineering Development Group), a software development group within CCI (Center for Cyber Intelligence), a department belonging to the CIA’s DDI (Directorate for Digital Innovation). The DDI is one of the five major directorates of the CIA (see this organizational chart of the CIA for more details).

The EDG is responsible for the development, testing and operational support of all backdoors, exploits, malicious payloads, trojans, viruses and any other kind of malware used by the CIA in its covert operations world-wide.

The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.

The attack against Samsung smart TVs was developed in cooperation with the United Kingdom’s MI5/BTSS. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.

As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks. The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.

The CIA’s Mobile Devices Branch (MDB) developed numerous attacks to remotely hack and control popular smart phones. Infected phones can be instructed to send the CIA the user’s geolocation, audio and text communications as well as covertly activate the phone’s camera and microphone.

Despite iPhone’s minority share (14.5%) of the global smart phone market in 2016, a specialized unit in the CIA’s Mobile Development Branch produces malware to infest, control and exfiltrate data from iPhones and other Apple products running iOS, such as iPads. CIA’s arsenal includesnumerous local and remote “zero days” developed by CIA or obtained from GCHQ, NSA, FBI or purchased from cyber arms contractors such as Baitshop. The disproportionate focus on iOS may be explained by the popularity of the iPhone among social, political, diplomatic and business elites.

A similar unit targets Google’s Android which is used to run the majority of the world’s smart phones (~85%) including Samsung, HTC and Sony. 1.15 billion Android powered phones were sold last year. “Year Zero” shows that as of 2016 the CIA had 24 “weaponized” Android “zero days” which it has developed itself and obtained from GCHQ, NSA and cyber arms contractors.

These techniques permit the CIA to bypass the encryption of WhatsApp, Signal, Telegram, Wiebo, Confide and Cloackman by hacking the “smart” phones that they run on and collecting audio and message traffic before encryption is applied.

CIA malware targets Windows, OSx, Linux, routers

The CIA also runs a very substantial effort to infect and control Microsoft Windows users with its malware. This includes multiple local and remote weaponized “zero days”, air gap jumping viruses such as “Hammer Drill” which infects software distributed on CD/DVDs, infectors for removable media such as USBs, systems to hide data in images or in covert disk areas ( “Brutal Kangaroo”) and to keep its malware infestations going.

Many of these infection efforts are pulled together by the CIA’s Automated Implant Branch (AIB), which has developed several attack systems for automated infestation and control of CIA malware, such as “Assassin” and “Medusa”.

Attacks against Internet infrastructure and webservers are developed by the CIA’s Network Devices Branch (NDB).

The CIA has developed automated multi-platform malware attack and control systems covering Windows, Mac OS X, Solaris, Linux and more, such as EDB’s “HIVE” and the related “Cutthroat” and “Swindle” tools, which are described in the examples section below.

CIA ‘hoarded’ vulnerabilities (“zero days”)

In the wake of Edward Snowden’s leaks about the NSA, the U.S. technology industry secured a commitment from the Obama administration that the executive would disclose on an ongoing basis — rather than hoard — serious vulnerabilities, exploits, bugs or “zero days” to Apple, Google, Microsoft, and other US-based manufacturers.

Serious vulnerabilities not disclosed to the manufacturers places huge swathes of the population and critical infrastructure at risk to foreign intelligence or cyber criminals who independently discover or hear rumors of the vulnerability. If the CIA can discover such vulnerabilities so can others.

The U.S. government’s commitment to the Vulnerabilities Equities Process came after significant lobbying by US technology companies, who risk losing their share of the global market over real and perceived hidden vulnerabilities. The government stated that it would disclose all pervasive vulnerabilities discovered after 2010 on an ongoing basis.

“Year Zero” documents show that the CIA breached the Obama administration’s commitments. Many of the vulnerabilities used in the CIA’s cyber arsenal are pervasive and some may already have been found by rival intelligence agencies or cyber criminals.

As an example, specific CIA malware revealed in “Year Zero” is able to penetrate, infest and control both the Android phone and iPhone software that runs or has run presidential Twitter accounts. The CIA attacks this software by using undisclosed security vulnerabilities (“zero days”) possessed by the CIA but if the CIA can hack these phones then so can everyone else who has obtained or discovered the vulnerability. As long as the CIA keeps these vulnerabilities concealed from Apple and Google (who make the phones) they will not be fixed, and the phones will remain hackable.

The same vulnerabilities exist for the population at large, including the U.S. Cabinet, Congress, top CEOs, system administrators, security officers and engineers. By hiding these security flaws from manufacturers like Apple and Google the CIA ensures that it can hack everyone &mdsh; at the expense of leaving everyone hackable.

‘Cyberwar’ programs are a serious proliferation risk

Cyber ‘weapons’ are not possible to keep under effective control.

While nuclear proliferation has been restrained by the enormous costs and visible infrastructure involved in assembling enough fissile material to produce a critical nuclear mass, cyber ‘weapons’, once developed, are very hard to retain.

Cyber ‘weapons’ are in fact just computer programs which can be pirated like any other. Since they are entirely comprised of information they can be copied quickly with no marginal cost.

Securing such ‘weapons’ is particularly difficult since the same people who develop and use them have the skills to exfiltrate copies without leaving traces — sometimes by using the very same ‘weapons’ against the organizations that contain them. There are substantial price incentives for government hackers and consultants to obtain copies since there is a global “vulnerability market” that will pay hundreds of thousands to millions of dollars for copies of such ‘weapons’. Similarly, contractors and companies who obtain such ‘weapons’ sometimes use them for their own purposes, obtaining advantage over their competitors in selling ‘hacking’ services.

Over the last three years the United States intelligence sector, which consists of government agencies such as the CIA and NSA and their contractors, such as Booz Allan Hamilton, has been subject to unprecedented series of data exfiltrations by its own workers.

A number of intelligence community members not yet publicly named have been arrested or subject to federal criminal investigations in separate incidents.

Most visibly, on February 8, 2017 a U.S. federal grand jury indicted Harold T. Martin III with 20 counts of mishandling classified information. The Department of Justice alleged that it seized some 50,000 gigabytes of information from Harold T. Martin III that he had obtained from classified programs at NSA and CIA, including the source code for numerous hacking tools.

Once a single cyber ‘weapon’ is ‘loose’ it can spread around the world in seconds, to be used by peer states, cyber mafia and teenage hackers alike.

U.S. Consulate in Frankfurt is a covert CIA hacker base

In addition to its operations in Langley, Virginia the CIA also uses the U.S. consulate in Frankfurt as a covert base for its hackers covering Europe, the Middle East and Africa.

CIA hackers operating out of the Frankfurt consulate ( “Center for Cyber Intelligence Europe” or CCIE) are given diplomatic (“black”) passports and State Department cover. The instructions for incoming CIA hackers make Germany’s counter-intelligence efforts appear inconsequential: “Breeze through German Customs because you have your cover-for-action story down pat, and all they did was stamp your passport”

Your Cover Story (for this trip)
Q: Why are you here?
A: Supporting technical consultations at the Consulate.

Two earlier WikiLeaks publications give further detail on CIA approaches to customs and secondary screening procedures.

Once in Frankfurt CIA hackers can travel without further border checks to the 25 European countries that are part of the Shengen open border area — including France, Italy and Switzerland.

A number of the CIA’s electronic attack methods are designed for physical proximity. These attack methods are able to penetrate high security networks that are disconnected from the internet, such as police record database. In these cases, a CIA officer, agent or allied intelligence officer acting under instructions, physically infiltrates the targeted workplace. The attacker is provided with a USB containing malware developed for the CIA for this purpose, which is inserted into the targeted computer. The attacker then infects and exfiltrates data to removable media. For example, the CIA attack system Fine Dining, provides 24 decoy applications for CIA spies to use. To witnesses, the spy appears to be running a program showing videos (e.g VLC), presenting slides (Prezi), playing a computer game (Breakout2, 2048) or even running a fake virus scanner (Kaspersky, McAfee, Sophos). But while the decoy application is on the screen, the underlaying system is automatically infected and ransacked.

How the CIA dramatically increased proliferation risks

In what is surely one of the most astounding intelligence own goals in living memory, the CIA structured its classification regime such that for the most market valuable part of “Vault 7” — the CIA’s weaponized malware (implants + zero days), Listening Posts (LP), and Command and Control (C2) systems — the agency has little legal recourse.

The CIA made these systems unclassified.

Why the CIA chose to make its cyberarsenal unclassified reveals how concepts developed for military use do not easily crossover to the ‘battlefield’ of cyber ‘war’.

To attack its targets, the CIA usually requires that its implants communicate with their control programs over the internet. If CIA implants, Command & Control and Listening Post software were classified, then CIA officers could be prosecuted or dismissed for violating rules that prohibit placing classified information onto the Internet. Consequently the CIA has secretly made most of its cyber spying/war code unclassified. The U.S. government is not able to assert copyright either, due to restrictions in the U.S. Constitution. This means that cyber ‘arms’ manufactures and computer hackers can freely “pirate” these ‘weapons’ if they are obtained. The CIA has primarily had to rely on obfuscation to protect its malware secrets.

Conventional weapons such as missiles may be fired at the enemy (i.e into an unsecured area). Proximity to or impact with the target detonates the ordnance including its classified parts. Hence military personnel do not violate classification rules by firing ordnance with classified parts. Ordnance will likely explode. If it does not, that is not the operator’s intent.

Over the last decade U.S. hacking operations have been increasingly dressed up in military jargon to tap into Department of Defense funding streams. For instance, attempted “malware injections” (commercial jargon) or “implant drops” (NSA jargon) are being called “fires” as if a weapon was being fired. However the analogy is questionable.

Unlike bullets, bombs or missiles, most CIA malware is designed to live for days or even years after it has reached its ‘target’. CIA malware does not “explode on impact” but rather permanently infests its target. In order to infect target’s device, copies of the malware must be placed on the target’s devices, giving physical possession of the malware to the target. To exfiltrate data back to the CIA or to await further instructions the malware must communicate with CIA Command & Control (C2) systems placed on internet connected servers. But such servers are typically not approved to hold classified information, so CIA command and control systems are also made unclassified.

A successful ‘attack’ on a target’s computer system is more like a series of complex stock maneuvers in a hostile take-over bid or the careful planting of rumors in order to gain control over an organization’s leadership rather than the firing of a weapons system. If there is a military analogy to be made, the infestation of a target is perhaps akin to the execution of a whole series of military maneuvers against the target’s territory including observation, infiltration, occupation and exploitation.

Evading forensics and anti-virus

A series of standards lay out CIA malware infestation patterns which are likely to assist forensic crime scene investigators as well as Apple, Microsoft, Google, Samsung, Nokia, Blackberry, Siemens and anti-virus companies attribute and defend against attacks.

“Tradecraft DO’s and DON’Ts” contains CIA rules on how its malware should be written to avoid fingerprints implicating the “CIA, US government, or its witting partner companies” in “forensic review”. Similar secret standards cover the use of encryption to hide CIA hacker and malware communication (pdf), describing targets & exfiltrated data (pdf) as well as executing payloads (pdf) and persisting (pdf) in the target’s machines over time.CIA hackers developed successful attacks against most well known anti-virus programs. These are documented in AV defeats, Personal Security Products, Detecting and defeating PSPs and PSP/Debugger/RE Avoidance. For example, Comodo was defeated by CIA malware placing itself in the Window’s “Recycle Bin”. While Comodo 6.x has a “Gaping Hole of DOOM”.

CIA hackers discussed what the NSA’s “Equation Group” hackers did wrong and how the CIA’s malware makers could avoid similar exposure.

Examples

The CIA’s Engineering Development Group (EDG) management system contains around 500 different projects (only some of which are documented by “Year Zero”) each with their own sub-projects, malware and hacker tools.

The majority of these projects relate to tools that are used for penetration, infestation (“implanting”), control, and exfiltration.

Another branch of development focuses on the development and operation of Listening Posts (LP) and Command and Control (C2) systems used to communicate with and control CIA implants; special projects are used to target specific hardware from routers to smart TVs.

Some example projects are described below, but see the table of contents for the full list of projects described by WikiLeaks’ “Year Zero”.

UMBRAGE

The CIA’s hand crafted hacking techniques pose a problem for the agency. Each technique it has created forms a “fingerprint” that can be used by forensic investigators to attribute multiple different attacks to the same entity.

This is analogous to finding the same distinctive knife wound on multiple separate murder victims. The unique wounding style creates suspicion that a single murderer is responsible. As soon one murder in the set is solved then the other murders also find likely attribution.

The CIA’s Remote Devices Branch‘s UMBRAGE group collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation.

With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from.

UMBRAGE components cover keyloggers, password collection, webcam capture, data destruction, persistence, privilege escalation, stealth, anti-virus (PSP) avoidance and survey techniques.

Fine Dining

Fine Dining comes with a standardized questionnaire i.e menu that CIA case officers fill out. The questionnaire is used by the agency’s OSB (Operational Support Branch) to transform the requests of case officers into technical requirements for hacking attacks (typically “exfiltrating” information from computer systems) for specific operations. The questionnaire allows the OSB to identify how to adapt existing tools for the operation, and communicate this to CIA malware configuration staff. The OSB functions as the interface between CIA operational staff and the relevant technical support staff.

Among the list of possible targets of the collection are ‘Asset’, ‘Liason Asset’, ‘System Administrator’, ‘Foreign Information Operations’, ‘Foreign Intelligence Agencies’ and ‘Foreign Government Entities’. Notably absent is any reference to extremists or transnational criminals. The ‘Case Officer’ is also asked to specify the environment of the target like the type of computer, operating system used, Internet connectivity and installed anti-virus utilities (PSPs) as well as a list of file types to be exfiltrated like Office documents, audio, video, images or custom file types. The ‘menu’ also asks for information if recurring access to the target is possible and how long unobserved access to the computer can be maintained. This information is used by the CIA’s ‘JQJIMPROVISE’ software (see below) to configure a set of CIA malware suited to the specific needs of an operation.

Improvise (JQJIMPROVISE)

‘Improvise’ is a toolset for configuration, post-processing, payload setup and execution vector selection for survey/exfiltration tools supporting all major operating systems like Windows (Bartender), MacOS (JukeBox) and Linux (DanceFloor). Its configuration utilities like Margarita allows the NOC (Network Operation Center) to customize tools based on requirements from ‘Fine Dining’ questionairies.

HIVE

HIVE is a multi-platform CIA malware suite and its associated control software. The project provides customizable implants for Windows, Solaris, MikroTik (used in internet routers) and Linux platforms and a Listening Post (LP)/Command and Control (C2) infrastructure to communicate with these implants.

The implants are configured to communicate via HTTPS with the webserver of a cover domain; each operation utilizing these implants has a separate cover domain and the infrastructure can handle any number of cover domains.

Each cover domain resolves to an IP address that is located at a commercial VPS (Virtual Private Server) provider. The public-facing server forwards all incoming traffic via a VPN to a ‘Blot’ server that handles actual connection requests from clients. It is setup for optional SSL client authentication: if a client sends a valid client certificate (only implants can do that), the connection is forwarded to the ‘Honeycomb’ toolserver that communicates with the implant; if a valid certificate is missing (which is the case if someone tries to open the cover domain website by accident), the traffic is forwarded to a cover server that delivers an unsuspicious looking website.

The Honeycomb toolserver receives exfiltrated information from the implant; an operator can also task the implant to execute jobs on the target computer, so the toolserver acts as a C2 (command and control) server for the implant.

Similar functionality (though limited to Windows) is provided by the RickBobby project.

See the classified user and developer guides for HIVE.

Frequently Asked Questions

Why now?

WikiLeaks published as soon as its verification and analysis were ready.

In Febuary the Trump administration has issued an Executive Order calling for a “Cyberwar” review to be prepared within 30 days.

While the review increases the timeliness and relevance of the publication it did not play a role in setting the publication date.

Redactions

Names, email addresses and external IP addresses have been redacted in the released pages (70,875 redactions in total) until further analysis is complete.

  1. Over-redaction: Some items may have been redacted that are not employees, contractors, targets or otherwise related to the agency, but are, for example, authors of documentation for otherwise public projects that are used by the agency.
  2. Identity vs. person: the redacted names are replaced by user IDs (numbers) to allow readers to assign multiple pages to a single author. Given the redaction process used a single person may be represented by more than one assigned identifier but no identifier refers to more than one real person.
  3. Archive attachments (zip, tar.gz, …) are replaced with a PDF listing all the file names in the archive. As the archive content is assessed it may be made available; until then the archive is redacted.
  4. Attachments with other binary content are replaced by a hex dump of the content to prevent accidental invocation of binaries that may have been infected with weaponized CIA malware. As the content is assessed it may be made available; until then the content is redacted.
  5. The tens of thousands of routable IP addresses references (including more than 22 thousand within the United States) that correspond to possible targets, CIA covert listening post servers, intermediary and test systems, are redacted for further exclusive investigation.
  6. Binary files of non-public origin are only available as dumps to prevent accidental invocation of CIA malware infected binaries.

Organizational Chart

The organizational chart corresponds to the material published by WikiLeaks so far.

Since the organizational structure of the CIA below the level of Directorates is not public, the placement of the EDG and its branches within the org chart of the agency is reconstructed from information contained in the documents released so far. It is intended to be used as a rough outline of the internal organization; please be aware that the reconstructed org chart is incomplete and that internal reorganizations occur frequently.

Wiki pages

“Year Zero” contains 7818 web pages with 943 attachments from the internal development groupware. The software used for this purpose is called Confluence, a proprietary software from Atlassian. Webpages in this system (like in Wikipedia) have a version history that can provide interesting insights on how a document evolved over time; the 7818 documents include these page histories for 1136 latest versions.

The order of named pages within each level is determined by date (oldest first). Page content is not present if it was originally dynamically created by the Confluence software (as indicated on the re-constructed page).

What time period is covered?

The years 2013 to 2016. The sort order of the pages within each level is determined by date (oldest first).

WikiLeaks has obtained the CIA’s creation/last modification date for each page but these do not yet appear for technical reasons. Usually the date can be discerned or approximated from the content and the page order. If it is critical to know the exact time/date contact WikiLeaks.

What is “Vault 7”

“Vault 7” is a substantial collection of material about CIA activities obtained by WikiLeaks.

When was each part of “Vault 7” obtained?

Part one was obtained recently and covers through 2016. Details on the other parts will be available at the time of publication.

Is each part of “Vault 7” from a different source?

Details on the other parts will be available at the time of publication.

What is the total size of “Vault 7”?

The series is the largest intelligence publication in history.

How did WikiLeaks obtain each part of “Vault 7”?

Sources trust WikiLeaks to not reveal information that might help identify them.

Isn’t WikiLeaks worried that the CIA will act against its staff to stop the series?

No. That would be certainly counter-productive.

Has WikiLeaks already ‘mined’ all the best stories?

No. WikiLeaks has intentionally not written up hundreds of impactful stories to encourage others to find them and so create expertise in the area for subsequent parts in the series. They’re there. Look. Those who demonstrate journalistic excellence may be considered for early access to future parts.

Won’t other journalists find all the best stories before me?

Unlikely. There are very considerably more stories than there are journalists or academics who are in a position to write them.

https://wikileaks.org/ciav7p1/

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The Pronk Pops Show 832, February 6, 2017, Story 1: Climate Gate 2: National Oceanic and Atmospheric Administration (NOAA) Exaggerated Global Warming Duping Nations To Waste Billions — Government Funded Junk Science Wasted American People’s Tax Payments — Videos — Story 2: President Trump Did Not Fall For Fraud of Global Warming — Wants Clean Air and Water — Videos

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Story 1: Climate Gate 2: National Oceanic and Atmospheric Administration (NOAA) Exaggerated Global Warming Duping Nations To Waste Billions — Corrupt Government Funded Junk Science Wasted American People’s Tax Payments — Videos

Image result for cartoons climate gate 2

Image result for cartoons climate gate 2

Image result for cartoons climate gate 2

ClimateGate 2.0: World Leaders Duped Into Investing Billions Over Manipulated Global Warming Data

Climate Fraud – NOAA’s Global Temperature Dataset

ClimateGate 2 NOAA Whistleblower Claims World Leaders Fooled By Fake Global Warming Data

EXPOSED Govt Climate Change Data 100% Fabricated by NOAA YouTube

John Christy on The Economics and Politics of Climate Change

John Christy on The Economics and Politics of Climate Change

Mark Steyn – The Fraudulent Hockey Stick – 10th ICCC

NOAA CLIMATE HOAXERS EXPOSED BY WHISTLEBLOWERS

Globale Climate HOAX-Global Climate Change Scam -Proof-

Climate Change: What Do Scientists Say?

What They Haven’t Told You about Climate Change

Climate Change: What’s So Alarming?

The Truth about CO2

The Paris Climate Agreement Won’t Change the Climate

Do 97% of Climate Scientists Really Agree?

Dr. Roy Spencer debunks the 97% IPCC Climate Global Warming Consensus

Professor Bob Carter – The Faux “97% Consensus” – 10th ICCC

MIT Professor Richard Lindzen On the Corruption of Climate Science

MIT Climatologist Richard Lindzen on the Politics of Global Warming

Nobel Laureate in Physics; “Global Warming is Pseudoscience”

Freeman Dyson on the Global Warming Hysteria April, 2015

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Climategate 2: Heating data exaggerated by NOAA

Another Climategate? Now a whistleblower says the world’s leading source of climate data  exaggerated global warming to influence the historic Paris Agreement on climate change.

The NOAA allegedly fiddled data to falsely claim there was no ‘pause’ or ‘slowdown’ in global warming since 1998.

David Rose of the Mail on Sunday:

A high-level whistleblower has told this newspaper that America’s National Oceanic and Atmospheric Administration (NOAA) breached its own rules on scientific integrity when it published the sensational but flawed report, aimed at making the maximum possible impact on world leaders including Barack Obama and David Cameron at the UN climate conference in Paris in 2015.

The report claimed that the ‘pause’ or ‘slowdown’ in global warming in the period since 1998 – revealed by UN scientists in 2013 – never existed, and that world temperatures had been rising faster than scientists expected. Launched by NOAA with a public relations fanfare, it was splashed across the world’s media, and cited repeatedly by politicians and policy makers.

But the whistleblower, Dr John Bates, a top NOAA scientist with an impeccable reputation, has shown The Mail on Sunday irrefutable evidence that the paper was based on misleading, ‘unverified’ data.

It was never subjected to NOAA’s rigorous internal evaluation process – which Dr Bates devised…

In an exclusive interview, Dr Bates accused the lead author of the paper, Thomas Karl, who was until last year director of the NOAA section that produces climate data – the National Centers for Environmental Information (NCEI) – of ‘insisting on decisions and scientific choices that maximised warming and minimised documentation… in an effort to discredit the notion of a global warming pause, rushed so that he could time publication to influence national and international deliberations on climate policy’.

Dr Bates was one of two Principal Scientists at NCEI, based in Asheville, North Carolina.

Official delegations from America, Britain and the EU were strongly influenced by the flawed NOAA study as they hammered out the Paris Agreement – and committed advanced nations to sweeping reductions in their use of fossil fuel and to spending £80 billion every year on new, climate-related aid projects…

NOAA’s 2015 ‘Pausebuster’ paper was based on two new temperature sets of data – one containing measurements of temperatures at the planet’s surface on land, the other at the surface of the seas.

Both datasets were flawed. This newspaper has learnt that NOAA has now decided that the sea dataset will have to be replaced and substantially revised just 18 months after it was issued, because it used unreliable methods which overstated the speed of warming. The revised data will show both lower temperatures and a slower rate in the recent warming trend.

The land temperature dataset used by the study was afflicted by devastating bugs in its software that rendered its findings ‘unstable’… A final, approved version has still not been issued…

The sea dataset used by Thomas Karl and his colleagues – known as Extended Reconstructed Sea Surface Temperatures version 4, or ERSSTv4, tripled the warming trend over the sea during the years 2000 to 2014 from just 0.036C per decade – as stated in version 3 – to 0.099C per decade. Individual measurements in some parts of the globe had increased by about 0.1C and this resulted in the dramatic increase of the overall global trend published by the Pausebuster paper. But Dr Bates said this increase in temperatures was achieved by dubious means. Its key error was an upwards ‘adjustment’ of readings from fixed and floating buoys, which are generally reliable, to bring them into line with readings from a much more doubtful source – water taken in by ships. This, Dr Bates explained, has long been known to be questionable: ships are themselves sources of heat, readings will vary from ship to ship, and the depth of water intake will vary according to how heavily a ship is laden – so affecting temperature readings.Dr Bates said: ‘They had good data from buoys. And they threw it out and “corrected” it by using the bad data from ships. You never change good data to agree with bad, but that’s what they did – so as to make it look as if the sea was warmer.’

ERSSTv4 ‘adjusted’ buoy readings up by 0.12C. It also ignored data from satellites that measure the temperature of the lower atmosphere, which are also considered reliable…

NOAA not only failed, but it effectively mounted a cover-up when challenged over its data. After the paper was published, the US House of Representatives Science Committee launched an inquiry into its Pausebuster claims. NOAA refused to comply with subpoenas demanding internal emails from the committee chairman, the Texas Republican Lamar Smith, and falsely claimed that no one had raised concerns about the paper internally.

There is too much money and pride invested in the global warming scare for us to trust the institutions promoting it. But the dud predictions alone should warn you that many of the “experts” are guilty of gross exaggerations, to say the very least.

(Thanks to many readers.)

http://www.heraldsun.com.au/blogs/andrew-bolt/climategate-2-heating-data-exaggerated-by-noaa/news-story/5081f9858ca53e43b9431fca453b4d54

Exposed: How world leaders were duped into investing billions over manipulated global warming data

  • The Mail on Sunday can reveal a landmark paper exaggerated global warming
  • It was rushed through and timed to influence the Paris agreement on climate change
  • America’s National Oceanic and Atmospheric Administration broke its own rules
  • The report claimed the pause in global warming never existed, but it was based on misleading, ‘unverified’ data

Data Science,Climate and satellites Consultant John J Bates, who blew the whistle to the Mail on Sunday

Data Science,Climate and satellites Consultant John J Bates, who blew the whistle to the Mail on Sunday

The Mail on Sunday today reveals astonishing evidence that the organisation that is the world’s leading source of climate data rushed to publish a landmark paper that exaggerated global warming and was timed to influence the historic Paris Agreement on climate change.

A high-level whistleblower has told this newspaper that America’s National Oceanic and Atmospheric Administration (NOAA) breached its own rules on scientific integrity when it published the sensational but flawed report, aimed at making the maximum possible impact on world leaders including Barack Obama and David Cameron at the UN climate conference in Paris in 2015.

The report claimed that the ‘pause’ or ‘slowdown’ in global warming in the period since 1998 – revealed by UN scientists in 2013 – never existed, and that world temperatures had been rising faster than scientists expected. Launched by NOAA with a public relations fanfare, it was splashed across the world’s media, and cited repeatedly by politicians and policy makers.

But the whistleblower, Dr John Bates, a top NOAA scientist with an impeccable reputation, has shown The Mail on Sunday irrefutable evidence that the paper was based on misleading, ‘unverified’ data.

It was never subjected to NOAA’s rigorous internal evaluation process – which Dr Bates devised.

His vehement objections to the publication of the faulty data were overridden by his NOAA superiors in what he describes as a ‘blatant attempt to intensify the impact’ of what became known as the Pausebuster paper.

His disclosures are likely to stiffen President Trump’s determination to enact his pledges to reverse his predecessor’s ‘green’ policies, and to withdraw from the Paris deal – so triggering an intense political row.

Canadian Prime Minister Justin Trudeau, Microsoft CEO Bill Gates, US President Barack Obama, French President Francois Hollande and Indian Prime Minister Narendra Modi at the world climate change conference

Canadian Prime Minister Justin Trudeau, Microsoft CEO Bill Gates, US President Barack Obama, French President Francois Hollande and Indian Prime Minister Narendra Modi at the world climate change conference

The PM, the Prince and 'the pause': David Cameron and Prince Charles attended the historic 2015 Paris climate change conference with 150 world leaders. Cameron committed Britain to an EU-Wide emission cut as a result. And Charles, writing in this paper last month, stated there was no pause in global warming, influenced by the flawed NOAA paper that made this claim

The PM, the Prince and ‘the pause’: David Cameron and Prince Charles attended the historic 2015 Paris climate change conference with 150 world leaders. Cameron committed Britain to an EU-Wide emission cut as a result. And Charles, writing in this paper last month, stated there was no pause in global warming, influenced by the flawed NOAA paper that made this claim

In an exclusive interview, Dr Bates accused the lead author of the paper, Thomas Karl, who was until last year director of the NOAA section that produces climate data – the National Centers for Environmental Information (NCEI) – of ‘insisting on decisions and scientific choices that maximised warming and minimised documentation… in an effort to discredit the notion of a global warming pause, rushed so that he could time publication to influence national and international deliberations on climate policy’.

Dr Bates was one of two Principal Scientists at NCEI, based in Asheville, North Carolina.

A blatant attempt to intensify paper’s impact

Official delegations from America, Britain and the EU were strongly influenced by the flawed NOAA study as they hammered out the Paris Agreement – and committed advanced nations to sweeping reductions in their use of fossil fuel and to spending £80 billion every year on new, climate-related aid projects.

The scandal has disturbing echoes of the ‘Climategate’ affair which broke shortly before the UN climate summit in 2009, when the leak of thousands of emails between climate scientists suggested they had manipulated and hidden data. Some were British experts at the influential Climatic Research Unit at the University of East Anglia.

LED TO THESE GREEN COMMITMENTS

Data published by NOAA, the world’s top climate data agency, claimed global warming was worse than previously thought. The information was published to coincide with the Paris climate change conference in 2015, where world leaders agreed that…

$100bn be given every year in extra ‘climate-related’ aid to the developing world by rich nations

2 degrees C be set as the limit for maximum temperature rise above pre-industrial times

40% of CO2 emissions would be cut across the EU by 2030

£320bn… what the UK’s pledges will cost our economy by 2030

NOAA’s 2015 ‘Pausebuster’ paper was based on two new temperature sets of data – one containing measurements of temperatures at the planet’s surface on land, the other at the surface of the seas.

Both datasets were flawed. This newspaper has learnt that NOAA has now decided that the sea dataset will have to be replaced and substantially revised just 18 months after it was issued, because it used unreliable methods which overstated the speed of warming. The revised data will show both lower temperatures and a slower rate in the recent warming trend.

The land temperature dataset used by the study was afflicted by devastating bugs in its software that rendered its findings ‘unstable’.

The paper relied on a preliminary, ‘alpha’ version of the data which was never approved or verified.

A final, approved version has still not been issued. None of the data on which the paper was based was properly ‘archived’ – a mandatory requirement meant to ensure that raw data and the software used to process it is accessible to other scientists, so they can verify NOAA results.

Dr Bates retired from NOAA at the end of last year after a 40-year career in meteorology and climate science. As recently as 2014, the Obama administration awarded him a special gold medal for his work in setting new, supposedly binding standards ‘to produce and preserve climate data records’.

Yet when it came to the paper timed to influence the Paris conference, Dr Bates said, these standards were flagrantly ignored.

The paper was published in June 2015 by the journal Science. Entitled ‘Possible artifacts of data biases in the recent global surface warming hiatus’, the document said the widely reported ‘pause’ or ‘slowdown’ was a myth.

Less than two years earlier, a blockbuster report from the UN Intergovernmental Panel on Climate Change (IPCC), which drew on the work of hundreds of scientists around the world, had found ‘a much smaller increasing trend over the past 15 years 1998-2012 than over the past 30 to 60 years’. Explaining the pause became a key issue for climate science. It was seized on by global warming sceptics, because the level of CO2 in the atmosphere had continued to rise.

WHY OBAMA’S GREEN GURU WILL MAKE TRUMP SEE RED

NOAA’s climate boss Thomas Karl, below left, had a hotline to the White House, through his long association with President Obama’s science adviser, John Holdren.

Karl’s ‘Pausebuster’ paper was hugely influential in dictating the world agreement in Paris and sweeping US emissions cuts. President Trump, above right, has pledged to scrap both policies – triggering furious claims by Democrats he is a climate ‘denier’ and ‘anti-science’.

Thanks to today’s MoS story, NOAA is set to face an inquiry by the Republican-led House science committee.

Some scientists argued that the existence of the pause meant the world’s climate is less sensitive to greenhouse gases than previously thought, so that future warming would be slower. One of them, Professor Judith Curry, then head of climate science at the Georgia Institute of Technology, said it suggested that computer models used to project future warming were ‘running too hot’.

However, the Pausebuster paper said while the rate of global warming from 1950 to 1999 was 0.113C per decade, the rate from 2000 to 2014 was actually higher, at 0.116C per decade. The IPCC’s claim about the pause, it concluded, ‘was no longer valid’.

The impact was huge and lasting. On publication day, the BBC said the pause in global warming was ‘an illusion caused by inaccurate data’.

One American magazine described the paper as a ‘science bomb’ dropped on sceptics.

Its impact could be seen in this newspaper last month when, writing to launch his Ladybird book about climate change, Prince Charles stated baldly: ‘There isn’t a pause… it is hard to reject the facts on the basis of the evidence.’

Data changed to make the sea appear warmer

The sea dataset used by Thomas Karl and his colleagues – known as Extended Reconstructed Sea Surface Temperatures version 4, or ERSSTv4, tripled the warming trend over the sea during the years 2000 to 2014 from just 0.036C per decade – as stated in version 3 – to 0.099C per decade. Individual measurements in some parts of the globe had increased by about 0.1C and this resulted in the dramatic increase of the overall global trend published by the Pausebuster paper. But Dr Bates said this increase in temperatures was achieved by dubious means. Its key error was an upwards ‘adjustment’ of readings from fixed and floating buoys, which are generally reliable, to bring them into line with readings from a much more doubtful source – water taken in by ships. This, Dr Bates explained, has long been known to be questionable: ships are themselves sources of heat, readings will vary from ship to ship, and the depth of water intake will vary according to how heavily a ship is laden – so affecting temperature readings.

Dr Bates said: ‘They had good data from buoys. And they threw it out and “corrected” it by using the bad data from ships. You never change good data to agree with bad, but that’s what they did – so as to make it look as if the sea was warmer.’

ERSSTv4 ‘adjusted’ buoy readings up by 0.12C. It also ignored data from satellites that measure the temperature of the lower atmosphere, which are also considered reliable. Dr Bates said he gave the paper’s co-authors ‘a hard time’ about this, ‘and they never really justified what they were doing.’

Now, some of those same authors have produced the pending, revised new version of the sea dataset – ERSSTv5. A draft of a document that explains the methods used to generate version 5, and which has been seen by this newspaper, indicates the new version will reverse the flaws in version 4, changing the buoy adjustments and including some satellite data and measurements from a special high-tech floating buoy network known as Argo. As a result, it is certain to show reductions in both absolute temperatures and recent global warming.

The second dataset used by the Pausebuster paper was a new version of NOAA’s land records, known as the Global Historical Climatology Network (GHCN), an analysis over time of temperature readings from about 4,000 weather stations spread across the globe.

The unstable land readings: Scientists at NOAA used land temperature data from 4,000 weather stations (pictured, one in Montana, USA). But the software used to process the figures was bug-ridden and unstable. NOAA also used 'unverified' data that was not tested or approved. This data as merged with unreliable sea surface temperatures

The unstable land readings: Scientists at NOAA used land temperature data from 4,000 weather stations (pictured, one in Montana, USA). But the software used to process the figures was bug-ridden and unstable. NOAA also used ‘unverified’ data that was not tested or approved. This data as merged with unreliable sea surface temperatures

The 'adjusted' sea readings: Average sea surface temperatures are calculated using data from weather buoys (pictured). But NOAA ‘adjusted’ these figures upwards to fit with data taken from ships – which is notoriously unreliable. This exaggerated the warming rate, allowing NOAA to claim in the paper dubbed the ‘Pausebuster’ that there was no ‘pause’

The ‘adjusted’ sea readings: Average sea surface temperatures are calculated using data from weather buoys (pictured). But NOAA ‘adjusted’ these figures upwards to fit with data taken from ships – which is notoriously unreliable. This exaggerated the warming rate, allowing NOAA to claim in the paper dubbed the ‘Pausebuster’ that there was no ‘pause’

This new version found past temperatures had been cooler than previously thought, and recent ones higher – so that the warming trend looked steeper. For the period 2000 to 2014, the paper increased the rate of warming on land from 0.15C to 0.164C per decade.

In the weeks after the Pausebuster paper was published, Dr Bates conducted a one-man investigation into this. His findings were extraordinary. Not only had Mr Karl and his colleagues failed to follow any of the formal procedures required to approve and archive their data, they had used a ‘highly experimental early run’ of a programme that tried to combine two previously separate sets of records.

This had undergone the critical process known as ‘pairwise homogeneity adjustment’, a method of spotting ‘rogue’ readings from individual weather stations by comparing them with others nearby.

However, this process requires extensive, careful checking which was only just beginning, so that the data was not ready for operational use. Now, more than two years after the Pausebuster paper was submitted to Science, the new version of GHCN is still undergoing testing.

Moreover, the GHCN software was afflicted by serious bugs. They caused it to become so ‘unstable’ that every time the raw temperature readings were run through the computer, it gave different results. The new, bug-free version of GHCN has still not been approved and issued. It is, Dr Bates said, ‘significantly different’ from that used by Mr Karl and his co-authors.

Dr Bates revealed that the failure to archive and make available fully documented data not only violated NOAA rules, but also those set down by Science. Before he retired last year, he continued to raise the issue internally. Then came the final bombshell. Dr Bates said: ‘I learned that the computer used to process the software had suffered a complete failure.’

The reason for the failure is unknown, but it means the Pausebuster paper can never be replicated or verified by other scientists.

The flawed conclusions of the Pausebuster paper were widely discussed by delegates at the Paris climate change conference. Mr Karl had a longstanding relationship with President Obama’s chief science adviser, John Holdren, giving him a hotline to the White House.

The red line shows the current NOAA world temperature graph - elevated in recent years due to the ‘adjusted’ sea data. The blue line is the Met Office's independent HadCRUT4 record. Although they are offset in temperature by 0.12°C due to different analysis techniques, they reveal that NOAA has been adjusted and so shows a steeper recent warming trend.

The red line shows the current NOAA world temperature graph – elevated in recent years due to the ‘adjusted’ sea data. The blue line is the Met Office’s independent HadCRUT4 record. Although they are offset in temperature by 0.12°C due to different analysis techniques, they reveal that NOAA has been adjusted and so shows a steeper recent warming trend.

They were forced to correct it: 18 months after the ‘Pausebuster’ paper was published in time for the 2015 Paris climate change conference, NOAA’s flawed sea temperature dataset is to be replaced. The new version will remedy its failings, and use data from both buoys and satellites (pictured) – which some say is the best data of all. The new version will show both lower temperatures and a lower warming trend since 2000

They were forced to correct it: 18 months after the ‘Pausebuster’ paper was published in time for the 2015 Paris climate change conference, NOAA’s flawed sea temperature dataset is to be replaced. The new version will remedy its failings, and use data from both buoys and satellites (pictured) – which some say is the best data of all. The new version will show both lower temperatures and a lower warming trend since 2000

Mr Holdren was also a strong advocate of robust measures to curb emissions. Britain’s then Prime Minister David Cameron claimed at the conference that ‘97 per cent of scientists say climate change is urgent and man-made and must be addressed’ and called for ‘a binding legal mechanism’ to ensure the world got no more than 2C warmer than in pre-industrial times.

President Obama stressed his Clean Power Plan at the conference, which mandates American power stations to make big emissions cuts.

President Trump has since pledged he will scrap it, and to withdraw from the Paris Agreement.

Whatever takes its place, said Dr Bates, ‘there needs to be a fundamental change to the way NOAA deals with data so that people can check and validate scientific results. I’m hoping that this will be a wake-up call to the climate science community – a signal that we have to put in place processes to make sure this kind of crap doesn’t happen again.

‘I want to address the systemic problems. I don’t care whether modifications to the datasets make temperatures go up or down. But I want the observations to speak for themselves, and for that, there needs to be a new emphasis that ethical standards must be maintained.’

He said he decided to speak out after seeing reports in papers including the Washington Post and Forbes magazine claiming that scientists feared the Trump administration would fail to maintain and preserve NOAA’s climate records.

Dr Bates said: ‘How ironic it is that there is now this idea that Trump is going to trash climate data, when key decisions were earlier taken by someone whose responsibility it was to maintain its integrity – and failed.’

NOAA not only failed, but it effectively mounted a cover-up when challenged over its data. After the paper was published, the US House of Representatives Science Committee launched an inquiry into its Pausebuster claims. NOAA refused to comply with subpoenas demanding internal emails from the committee chairman, the Texas Republican Lamar Smith, and falsely claimed that no one had raised concerns about the paper internally.

Last night Mr Smith thanked Dr Bates ‘for courageously stepping forward to tell the truth about NOAA’s senior officials playing fast and loose with the data in order to meet a politically predetermined conclusion’. He added: ‘The Karl study used flawed data, was rushed to publication in an effort to support the President’s climate change agenda, and ignored NOAA’s own standards for scientific study.’

Professor Curry, now the president of the Climate Forecast Applications Network, said last night: ‘Large adjustments to the raw data, and substantial changes in successive dataset versions, imply substantial uncertainties.’

It was time, she said, that politicians and policymakers took these uncertainties on board.

Last night Mr Karl admitted the data had not been archived when the paper was published. Asked why he had not waited, he said: ‘John Bates is talking about a formal process that takes a long time.’ He denied he was rushing to get the paper out in time for Paris, saying: ‘There was no discussion about Paris.’

They played fast and loose with the figures

He also admitted that the final, approved and ‘operational’ edition of the GHCN land data would be ‘different’ from that used in the paper’.

As for the ERSSTv4 sea dataset, he claimed it was other records – such as the UK Met Office’s – which were wrong, because they understated global warming and were ‘biased too low’. Jeremy Berg, Science’s editor-in-chief, said: ‘Dr Bates raises some serious concerns. After the results of any appropriate investigations… we will consider our options.’ He said that ‘could include retracting that paper’.NOAA declined to comment.

It’s not the first time we’ve exposed dodgy climate data, which is why we’ve dubbed it: Climate Gate 2

Helena Christensen addresses demonstrators in the center of Copenhagen on climate change

Helena Christensen addresses demonstrators in the center of Copenhagen on climate change

Dr John Bates’s disclosures about the manipulation of data behind the ‘Pausebuster’ paper is the biggest scientific scandal since ‘Climategate’ in 2009 when, as this paper reported, thousands of leaked emails revealed scientists were trying to block access to data, and using a ‘trick’ to conceal embarrassing flaws in their claims about global warming.

Both scandals suggest a lack of transparency and, according to Dr Bates, a failure to observe proper ethical standards.

Because of NOAA ’s failure to ‘archive’ data used in the paper, its results can never be verified.

Like Climategate, this scandal is likely to reverberate around the world, and reignite some of science’s most hotly contested debates.

Blowing up the graph show is disappears in 1961 artfully hidden behind the other colours
The reason? Because this is what it shows after 1961, a dramatic decline in global temperatures

Left, blowing up the graph show is disappears in 1961 artfully hidden behind the other colours. Right, the reason? Because this is what it shows after 1961, a dramatic decline in global temperatures

Has there been an unexpected pause in global warming? If so, is the world less sensitive to carbon dioxide than climate computer models suggest?

And does this mean that truly dangerous global warming is less imminent, and that politicians’ repeated calls for immediate ‘urgent action’ to curb emissions are exaggerated?

http://www.dailymail.co.uk/sciencetech/article-4192182/World-leaders-duped-manipulated-global-warming-data.html#ixzz4XxmGV4sY

 

Story 2: President Trump Did Not Fall For Fraud of Global Warming — Wants Clean Air and Water — Videos

Donald Trump on Climate Change

Donald Trump is not a believer in global warming

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