The Pronk Pops Show 1331, October 1, 2019, Story 1: Communist China Celebrates 70th Anniversary of Its Chinese Communist Party Dictatorship With Weapons Display — Videos — Story 2: Communist China Parades New Missiles Including DF-41 ICBMs and The DF-17 Hyper-sonic Missile — Videos — Story 3: North Korea Launches Missile Before Resuming Talks — Videos — Story 4: United States Must Counter Missiles of Communist China and Russia Accelerate Development, Production and Deployment  of Missile Defense and Hypersonic Missile Systems — New Arms Race — Hypersonic Missile Gap — Videos

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Story 1: Communist China Celebrates 70th Anniversary of Its Chinese Communist Party Dictatorship With Weapons Display — Videos —

15 military units march in China’s largest National Day parade

China 70th anniversary parade and celebrations | FULL

China’s Communist Party marks 70th anniversary of its rule with military parade

China marked the founding of the People’s Republic of China in 1949 with a massive parade that includes a new-generation intercontinental ballistic missile capable of striking anywhere in the United States, as well as stealth combat drones and fighter jets. Subscribe to The Washington Post on YouTube: https://wapo.st/2QOdcqK

China marks the 70th anniversary of its founding with military parade – watch live

‘A picture says a thousand words’ as China puts on menacing display

CrossTalk: Communist China at 70

 

Story 2: Communist China Parades New Missiles Including DF-41 ICBMs and The DF-17 Hyper-sonic Missile — Videos —

See the source image

China shows off new missiles during milestone celebration

China’s military parade a ‘significant development’ in arms race

North Korea Launches Missile Before Resuming Talks — Videos

China Displays DF-17 New Hypersonic Missile – DF-41 World’s Longest-Range Military Missile

China’s Dongfeng-41 missile – likely centerpiece at its 70th National Day parade?]

 

 

DF-41

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DF-41
Type ICBM
Place of origin China
Service history
In service 2017
Used by People’s Liberation Army Rocket Force
Production history
Manufacturer China Academy of Launch Vehicle Technology (CALT)
Specifications
Mass ~80,000 kilograms (180,000 lb)[1]
Length ~21 metres (69 ft)[1]
Diameter ~2.25 m (7 ft 5 in)[1]
Warhead Thermonuclear weapon, 10-12 MIRVs (single 1 Megaton or MIRV with selectable 20, 90, 150 kiloton)[1]

Engine Three-stage Solid-fuel rocket
Operational
range
~14,000–15,000 kilometres (8,700–9,300 mi)[1]
Speed Mach 25 (30,626 km/h; 19,030 mph; 8.5073 km/s)[2]
Guidance
system
Inertial, likely with stellar updates and BeiDou[3]
Accuracy 100m CEP[3]
Launch
platform
Silo, road-mobile Transporter erector launcher

The Dongfeng-41 (DF-41, CSS-X-10) (simplified Chinese东风-41traditional Chinese東風-41; literally: ‘East Wind-41’), is a Chinese solid-fuelled road-mobile intercontinental ballistic missile. The missile, reportedly capable of reaching the contiguous United States within 30 minutes, was officially unveiled at the China Day military parade on October 1st, 2019.

 

Design

The missile reportedly has an operational range between 12,000 to 15,000 kilometres (7,500 to 9,300 mi).[4][1] This would make it the world’s longest-range missile, surpassing that of the US LGM-30 Minuteman, which has a reported range of 13,000 kilometres (8,100 mi).[5][6] It is believed to have a top speed of Mach 25,[2] and to be capable of MIRV delivery (up to 12).[4] The development of the MIRV technology is reported to be in response to the deployment of the United States national missile defense system which degrades China’s nuclear deterrence capability.[7] The project started in 1986,[4] and may now be coupled with the JL-2 program.

Though there have been reports that the DF-41 can carry 6 to 10 warheads, analysts think it most likely carries only three warheads, with the additional payload used for many penetration aids.[8]

Richard Fisher, an expert on Asia-Pacific military affairs, says that a typical Second Artillery Corps unit has 6-12 missile launchers and may have an additional 6-12 “reload missiles”, i.e. missiles to be launched after the first missile with which the launcher is equipped are launched, indicating 12-24 DF-41 missiles per unit. If a missile had 10 warheads, that would give a single SAC unit the capability to target the contiguous United States with 120-240 nuclear warheads.[9]

Development

Air Power Australia reported that the DF-41 was cancelled pre-2000, with the technology developed transferred to the DF-31A.[4][10] It was incorrectly anticipated that the DF-41 would be delivered to the Second Artillery around the year 2010.[4][11] Some military experts had expected that it could be unveiled at the 2009 National Parade.[12] However, rehearsals of the military parade did not feature this missile.

The American conservative website The Washington Free Beacon reported in August 2012 that the DF-41 had its first flight test on July 24, 2012.[13]

In April 2013, Taiwan‘s National Security Bureau head reported to the Legislative Yuan that the DF-41 was still in development, and not yet deployed.[14]

The U.S. Department of Defense in its 2013 report to Congress on China’s military developments made no explicit mention of the DF-41, but did state that “China may also be developing a new road-mobile ICBM, possibly capable of carrying a multiple independently targetable re-entry vehicle (MIRV)”, which may refer to the DF-41.[15] Later in 2013 the Washington Free Beacon reported that the second launch test took place on December 13, 2013 from the Wuzhai missile launch center in Shanxi province to an impact range in western China, according to officials familiar with details of the tests.[16]

The Free Beacon reported in June 2014 that U.S. officials had said by then that the DF-41 was test launched twice since 2012.[17]

In August 2014, China Shaanxi Provincial Environmental Monitoring Center website accidentally made a news report about events of setting environmental monitoring site for DF-41 ICBM; the news report (and the whole website) was taken down shortly after getting public attention.[18]

In December, The Washington Free Beacon claimed that China had test-launched a DF-41 using multiple reentry vehicles for the first time on 13 December 2014.[19] Later that month, China confirmed that the launch occurred, saying it has a legitimate right to conduct scientific tests within its border, that they were not targeting any country, and the development of the missile did not affect China’s policy of not using nuclear weapons first in a conflict. The launch took place at the Wuzhai Missile and Space Test Center in central China and impacted in the west of the country.[20]

In August 2015, the missile was flight-tested for the fourth time.[21]

In December 2015, the missile was flight-tested for the fifth time. The flight test demonstrated the use of two multiple independently targetable reentry vehicles. The missile launch and dummy warheads were tracked by satellites to an impact range in western China.[22]

In April 2016, China successfully conducted the 7th test of DF-41 with two dummy warheads near the South China Sea, amid growing tensions between Washington and Beijing about the area.[23]

On January 23, 2017, China was reported to have deployed a strategic ballistic missile brigade to Heilongjiang province, bordering Russia, along with another strategic ballistic missile brigade deploying to Xinjiang.[24]

In November 2017, just two days before U.S. President Trump’s visit to China, the DF-41 was tested in the Gobi desert.[25][26]

On October 1, 2019, China on its 70th anniversary displayed the missiles in a large military parade. [27]

Rail-mobile version

On 5 December 2015 China conducted a launcher test of a new rail-mobile version of the DF-41, similar to the Russian RT-23 Molodets.[28][29]

References …

External links

 

Story 3: North Korea Launches Missile Before Resuming Nuclear Talks — Videos —

North Korea launches ballistic missile into Sea of Japan

North Korea Has Fired A Ballistic Missile Days Before Resuming Nuclear Talks With The U.S. | TIME

North Korea Launches Missile Before Resuming Talks — Videos

North Korea makes calculated show of strength with ballistic missile launch

Timeline of North Korea’s Missile Program

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Breaking down Russia and U.S. nuclear capabilities

 

North Korea’s latest missile launch may have been fired from a SUBMARINE just hours after Pyongyang agreed to fresh nuclear talks with the US this weekend

  • South Korea says North fired ballistic missile toward Sea of Japan on Wednesday
  • Officials in Seoul believe missile may have been fired from a submarine or barge 
  • South Korean military chief says missile flew 280 miles and reached altitude of 565 miles
  • Talks between North Korea and the U.S. have hit standstill over sanctions, disarmament issues
  • President Trump and Kim Jong-un held summit in Hanoi in February

North Korea fired a ballistic missile toward the sea Wednesday, South Korea’s military said, in a display of its expanding military capabilities hours after saying it would resume nuclear diplomacy with the United States this weekend.

South Korean officials said the missile was fired from North Korea’s eastern waters, suggesting it may have been submarine-launched.

But South Korean defense officials won’t officially disclose whether the missile was fired from a submarine, a barge or any other possible platform.

North Korea having the ability to launch missiles from submarines would be alarming because such weapons are harder to detect in advance.

North Korea is known to have developed and tested at least one nuclear-capable SLBM – the Pukguksong-1 – and has carried out several test-launches of its successor, the Pukguksong-2.

People watched TV news coverage showing footage of a previous North Korean missile launch at the Seoul Railway Station today during breaking news bulletins

North Korean leader Kim Jong-un was shown (above) in coverage in the South about the latest rocket launch. The Hermit Kingdom fired what was believed to be a submarine-launched ballistic missile (SLBM) from waters off its east coast

North Korean leader Kim Jong-un was shown (above) in coverage in the South about the latest rocket launch. The Hermit Kingdom fired what was believed to be a submarine-launched ballistic missile (SLBM) from waters off its east coast

The Hermit Kingdom has a large submarine fleet but only one known experimental submarine capable of carrying a ballistic missile.

Kim was accompanied on the visit by Kim Jong-sik, an official who has played a leading role North Korea’s missile program, and Jang Chang-ha, the head of a national defense academy which the U.S. believes is in charge of the country’s weapons research.

According to Seoul’s Joint Chiefs of Staff, the missile flew about 280 miles at the maximum attitude of 565 miles before landing between the Korean Peninsula and Japan. 

The Joint Chiefs of Staff said South Korean and U.S. authorities were analyzing more details of the launch.

Japanese Chief Cabinet Secretary Yoshihide Suga earlier said the North fired two ballistic missiles from the country’s east coast, and one of them appeared to have landed inside Japan’s exclusive economic zone.

There were no reports of damage to Japanese vessels or aircraft, he said.

The North had not fired a weapon that reached inside Japan’s EEZ since November 2017 at the height of an unusually provocative run in nuclear and missile tests.

Japanese Prime Minister Shinzo Abe condemned the launches and said they violate U.N. resolutions against the North. 

‘We will continue to cooperate with the U.S. and the international community and do the utmost to maintain and protect the safety of the people as we stay on alert,’ Abe said.

A woman watching a television news screen showing file footage of a North Korean missile launch at a railway station in Seoul, South Korea, today

A woman watching a television news screen showing file footage of a North Korean missile launch at a railway station in Seoul, South Korea, today

A South Korean soldier walking past a TV broadcasting a news report in Seoul, South Korea, on North Korea firing a missile that is believed to be launched from a submarine today

A South Korean soldier walking past a TV broadcasting a news report in Seoul, South Korea, on North Korea firing a missile that is believed to be launched from a submarine today

The launches, which were the North’s ninth round of weapons tests since late July, came hours after a senior North Korean diplomat said North Korea and the United States have agreed to resume working-level nuclear negotiations this weekend.

After supervising a testing firing of what the North described as a ‘newly developed super-large multiple rocket launcher’ last month, North Korean leader Kim Jong-un was quoted by state media as saying that the system would require a ‘running fire test’ to complete its development.

North Korea could also be demonstrating its displeasure over South Korea displaying for the first time some of its newly purchased U.S.-made F-35 stealth fighter jets at its Armed Forces Day ceremony on Tuesday.

The North has called the F-35 purchases a grave provocation that violate recent inter-Korean agreements aimed at lowering military tensions.

Nuclear negotiations halted following a February summit between Kim Jong-un and President Donald Trump in Vietnam that broke down after the U.S. rejected North Korean demands for broad sanctions relief in exchange for partially surrendering its nuclear capabilities.

North Korea’s subsequent belligerent rhetoric and recent short-range weapons tests have been seen as an attempt to gain leverage before resuming the negotiations.

South Korean people watching breaking news at Seoul Station in Seoul today concerning North Korea's latest missile launch

South Korean people watching breaking news at Seoul Station in Seoul today concerning North Korea’s latest missile launch

The United States and North Korea announced on Tuesday that they will resume talks this weekend about Pyongyang’s nuclear program. President Trump (left) and North Korean ruler Kim Jong-un (right) are seen on the North Korean side of the border in Panmunjon in June

In a statement released through state media, Choe Son Hui, North Korea’s first vice minister of foreign affairs, said the two nations will have preliminary contact on Friday before holding working-level talks on Saturday.

She did not say where it would take place.

‘It is my expectation that the working-level negotiations would accelerate the positive development of the DPRK-U.S. relations,’ Choe said in the statement, using an abbreviation for North Korea’s formal name, the Democratic People’s Republic of Korea.

State Department spokeswoman Morgan Ortagus, who is traveling with Secretary of State Mike Pompeo in Rome, said later she did not have further details to share about the meeting.

Last month, North Korea praised Trump for suggesting Washington may pursue an unspecified ‘new method’ in the negotiations.

North Korea also has welcomed Trump’s decision to fire hawkish former National Security Adviser John Bolton, who advocated a ‘Libya model’ of unilateral denuclearization as a template for North Korea.

The 2004 disarmament of Libya is seen by North Korea as a deeply provocative comparison because Libyan leader Moammar Gadhafi was killed following U.S.-supported military action in his country seven years after giving up a rudimentary nuclear program that was far less advanced than North Korea’s.

The office of South Korean President Moon Jae-in, who lobbied hard to set up the first summit between Kim and Trump last year in Singapore, welcomed Choe’s announcement and expressed hope the resumed talks would result in ‘substantial progress’ in denuclearization and peace.

That could be a tall order.

North Korea's Kim Jong-un is seen above touring a facility which houses a submarine in a file photo released earlier this year

North Korea’s Kim Jong-un is seen above touring a facility which houses a submarine in a file photo released earlier this year

Visual timeline of North Korea’s missile programme

The diplomacy between Trump and Kim has been driven chiefly by their personalities rather than an established diplomatic process, and working-level meetings have fleshed out the logistics of summits without bringing the countries closer to any nuclear agreement.

The stalemate of recent months has revealed fundamental differences.

North Korea says it will never unilaterally surrender its nuclear weapons and missiles and insists that U.S.-led sanctions against it should be lifted first before any progress in negotiations.

The Trump administration has vowed to maintain robust economic pressure until North Korea takes real steps toward full, verifiable denuclearization.

Leif-Eric Easley, a professor at Ewha University in Seoul, said progress in working-level negotiations would depend on several factors, including whether Kim empowers his officials to negotiate concrete steps and whether the Trump administration embraces ‘a phased approach where summits and sanctions relief must be earned, but denuclearization is not decided all at once.’

But there are doubts about whether Kim would ever voluntarily deal away an arsenal that he may see as his strongest guarantee of survival.

After their Singapore summit in June 2018, Trump and Kim issued a vague statement calling for a nuclear-free Korean Peninsula without describing how or when it would occur.

The lack of substance and fruitless working-level talks set up the failure in Hanoi. Trump and Kim met for the third time at the inter-Korean border on June 30 and agreed that working-level talks between the countries should resume.

Story 4: United States Must Counter Missiles of Communist China and Russia Accelerate Development, Production and Deployment  of Missile Defense and Hypersonic Missile Systems — New Arms Race — Hypersonic Missile Gap — Videos

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A picture released by Xinhua News Agency shows military vehicles carrying the DF-17 hypersonic ballistic missile during a parade in Beijing celebrating the 70th anniversary of the founding of the People's Republic of China on Tuesday. (Xinhua/EPA-EFE/REX/Shutterstock)
A picture released by Xinhua News Agency shows military vehicles carrying the DF-17 hypersonic ballistic missile during a parade in Beijing celebrating the 70th anniversary of the founding of the People’s Republic of China on Tuesday. (Xinhua/EPA-EFE/REX/Shutterstock)
Oct. 4, 2019 at 7:18 a.m. CDT

James Acton is co-director of the Nuclear Policy Program at the Carnegie Endowment for International Peace.

In the show of military might Tuesday to celebrate the 70th anniversary of the People’s Republic of China, one of the highlights among the weapons trundling through Tiananmen Square in Beijing was a hypersonic boost-glide missile. The exhibition of 16 DF-17 missiles (or possibly models of the real thing), displayed in public for the first time, will probably add to disquiet in the United States about a growing military imbalance, but that unease should be tempered by a few practical considerations.

For the past few years, scientistsPentagon officials and uniformed military leaders have warned about China’s apparent lead in hypersonic technology, which they often describe as a “game changer.” Over the long term, hypersonic missiles could indeed provide China (and Russia, too) with a uniquely threatening capability, but there is time for a considered response: The DF-17 and its immediate successors are unlikely to add much, if anything, to China’s already impressive military forces.

To be sure, the DF-17 is a powerful weapon, even armed with a conventional warhead, as it will be, according to the parade announcer in Beijing. The missile consists of a rocket that launches a glider, presumably at more than five times the speed of sound. (That’s what “hypersonic” means.) The U.S. intelligence community reportedly estimates the missile’s range at 1,100 to 1,550 miles, and Chinese state media has described it as being capable of conducting “precision strikes.” Not on the U.S. mainland, though; Beijing is nearly 6,000 miles from San Francisco.

But the important question isn’t whether the DF-17 poses a danger to U.S. and allied forces in the western Pacific. It does. Better to ask whether the DF-17 significantly enhances the threat from China’s formidable arsenal of existing weapons, in particular its force of between 900 and 1,950 ballistic missiles, most of them conventionally armed, with ranges of less than 1,850 miles.

There are good reasons to question how much additional capability the DF-17 will provide. Chinese ballistic missiles are based on mature technology, and the Pentagon has determined that they are able to strike their targets precisely. Chinese propaganda, by contrast, is the only unclassified source for the accuracy of the first-of-its-kind DF-17.

Moreover, hypersonic gliders are actually at a speed disadvantage compared with ballistic missiles of the same range. Ballistic missiles are also boosted to high speed by large rockets, before arcing through the vacuum of space. A glider, by contrast, spends most of its trajectory in the atmosphere, using aerodynamic lift to extend its range. The increased range comes at the cost of faster deceleration caused by atmospheric friction. One implication of this reduced speed is that hypersonic gliders may be more vulnerable to interception by U.S. “point” missile defenses (especially after such defenses have been optimized for that purpose). Like cornerbacks in football, point missile defenses are intended to protect small but important areas — such as U.S. military bases in the western Pacific.

The main advantage claimed for hypersonic gliders is their ability to maneuver during flight. If capable of adjusting their heading rapidly enough, these gliders could indeed defeat defenses by dodging interceptors. But executing rapid maneuvers without sacrificing the accuracy necessary for military effectiveness presents a significant technical challenge. There is no evidence that China, or any other state, has yet surmounted it.

That said, hypersonic weapons do present a serious challenge for the United States — but the threat is likely to emerge slowly.

Over time, China will probably develop accurate, conventionally armed gliders capable of reaching ever deeper into the United States itself. This development would create new threats for critical military infrastructure, such as communication systems for transmitting data to and from satellites, that is not currently vulnerable to non-nuclear attack. An appropriate U.S. response — hardening and burying critical systems, enhancing redundancy and deploying defenses — is likely to be expensive and time-consuming. (China could also arm intercontinental-range gliders with nuclear weapons, but since it can already reduce U.S. cities to smoking radioactive ash, this terrifying prospect would not actually represent an increase in the threat to the United States.)

Yet Washington’s response to the exhibition of the DF-17 will almost inevitably focus on closing the “hypersonics gap.” That might make sense if the United States could use gliders to destroy Chinese hypersonic weapons preemptively. But, like the DF-17, intercontinental Chinese gliders would almost certainly be deployed on trucks that are extremely difficult to track and destroy. Thus, hypersonic weapons in U.S. hands would not actually offset whatever advantages China seeks by deploying them.

The Pentagon’s budget request for fiscal 2020 included $2.6 billion for hypersonic-related research, and there is a strong appetite in Washington for deploying hypersonic weapons as soon as possible. But the Defense Department would be wise to move cautiously. Hypersonic weapons may ultimately find their niche in U.S. military strategy, but first the Pentagon must define their role and analyze potential alternatives. For now, defending against current – and particularly future – Chinese hypersonic weapons is a more urgent task.

https://www.washingtonpost.com/opinions/2019/10/04/chinas-ballyhooed-new-hypersonic-missile-isnt-exactly-game-changer/

 

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The Pronk Pops Show 991, October 30, 2017, Story 1: No Crime, No Evidence, No Case, No Indictments of Russian/Trump Collusion — Delusional Democratic  Clinton Conspiracy Theory — Plenty of Evidence of Hillary Clinton and Bill Clinton Crimes — American People Demanding Prosecution — Waiting For Dominoes To Fall — Manafort Indictment Is Money Laundering and Tax Evasion Case From 2006-2015 — Videos –Story 2: Whose Next? Tony Podesta — Videos — Story 3: Real Russian Collusion — Clinton Foundation — Uranium One — Obama Administration — Videos

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Image result for tony podestaImage result for uranium oneImage result for uranium oneImage result for branco cartoons russia trump collusionsImage result for branco cartoons russia trump collusionsImage result for branco cartoons russia trump collusionsImage result for branco cartoons russia trump collusions

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Story 1: No Crime, No Evidence, No Case, No Indictments of Russian/Trump Collusion — Delusional Democratic  Clinton Conspiracy Theory — Plenty of Evidence of Hillary Clinton and Bill Clinton Crimes — American People Demanding Prosecution — Waiting For Dominoes To Fall — Manafort Indictment Is Money Laundering and Tax Evasion Case From 2006-2015 — Videos —

Tucker Carlson Tonight 10/30/17 – Tucker Carlson Tonight October 30, 2017 Fox News – PAUL MANAFORT

The Latest on Today’s Top Story. Manafort Charges.

Manafort Turns Himself in! Dershowitz Explains!

“This has nothing to do with Trump” Judge Napolitano REACTS to Paul Manafort’s indictment

Judge Nap Breaks Down Charges Against Manafort!

Inside Judicial Watch News Brief: The Manafort Indictment

Manafort and Gates plead not guilty in special counsel probe

Mueller is FOOLING himself! Ann Coulter REACTS to Paul Manafort’s ARREST

 {youtube=https://www.youtube.com/watch?v=UUDeAHs-rU0]

Why Paul Manafort’s Indictment Has Absolutely Nothing to Do With Trump

“Manafort indictments a nothing burger” Ben Shapiro REACTS to Robert Mueller charges

Paul Manafort’s lawyer comes out fighting, THROWS Mueller’s charges to the TRASH

White House press briefing after Paul Manafort, Rick Gates indicted by federal grand jury

How Trump’s tune on Manafort changed as investigators closed in

Three Trump Associates Charged in Russia Collusion Probe

 Updated on 

The federal investigation into whether President Donald Trump’s campaign colluded with Russia took a major turn Monday as authorities charged three people — a former campaign chief, his associate and an ex-foreign policy adviser — with crimes including money laundering, lying to the FBI and conspiracy.

Paul Manafort, the campaign manager, and onetime business partner Rick Gates surrendered and later pleaded not guilty in Washington federal court. Separately, authorities disclosed that George Papadopoulos, the adviser, secretly pleaded guilty weeks ago and has been cooperating with Special Counsel Robert Mueller’s probe into Russia’s interference in the 2016 election.

Manafort, left, exits court in Washington on Oct. 30.

Photographer: Zach Gibson/Bloomberg

Read the full indictment here

The accusations arrive after a months-long probe into possible crimes including obstruction of justice by Trump and other crimes by his associates. The general shape of the investigation into Manafort’s activities has been known for months. The charges against Papadopoulos were a revelation and indicate prosecutors are moving on multiple tracks. They are the most direct indication of coordination between the campaign and Russian officials.

Investigators are likely to pressure Manafort and Gates to cooperate with prosecutors in a bid for leniency and to disclose everything that they know about Trump’s campaign against Democrat Hillary Clinton.

Sorry, but this is years ago, before Paul Manafort was part of the Trump campaign. But why aren’t Crooked Hillary & the Dems the focus?????

Papadopoulos, who worked for the campaign from March 2016 to January, was in frequent communication with a “campaign supervisor” and “a high-ranking official” of the effort, according to court papers unsealed on Monday.

Papadopoulos made contacts with Russians who said they could supply “dirt” on Clinton in the form of thousands of emails. Papadopoulos then told Trump officials they should arrange a meeting with Russians to discuss “U.S.-Russia ties,” according to the papers.

The adviser later broached the prospect of Trump’s getting together with Russian President Vladimir Putin, the court papers said. Papadopoulos was also in email contact with a Russian who said he represented the Ministry of Foreign Affairs, who thanked him “for an extensive talk.”

Such meetings never occurred, said Trump spokesman Sarah Huckabee Sanders, and the charges “have nothing to do with the president.”

Papadopoulos lied to federal agents about the timing of his contacts, saying they happened before he joined the campaign, prosecutors said. After his arrest in July at Dulles International Airport near Washington, Papadopoulos met with authorities on “numerous occasions to provide information and answer questions,” according to the court documents.

Papadopoulos, a 30-year-old DePaul University graduate from Chicago, worked at the London Centre of International Law Practice at the time in question, from February 2016 to April 2016, according to his LinkedIn page. After getting a master’s degree in security studies from University College London, he was associated with Washington’s Hudson Institute from 2011 to 2015. The institute said Papadopoulos was an unpaid intern and later a contract researcher for one of its fellows.

As for Manafort, the 12-count indictment painted a picture of a high-flying operation, in which more than $75 million passed through offshore accounts. Prosecutors said he laundered more than $18 million to support a “lavish lifestyle” that included buying homes, cars and clothing, and accused him of defrauding institutions that loaned him money.

He and Gates, his longtime deputy, hid foreign accounts from the U.S., failed to disclose work for a foreign government and misrepresented their activities to authorities as recently as 2017, according to the indictment.

In court Monday afternoon, prosecutors said their foreign ties made the men flight risks and put them under house arrest ahead of a trial. Manafort posted a $10 million bond, while Gates put up a $5 million bond to be released. They also surrendered their passports.

In the packed courtroom, Manafort spent most of his time staring impassively, sometimes just looking down. Gates, too, sat quietly. As their not-guilty pleas were entered by their attorneys, neither man addressed the court except in response to directions to swear that whatever they said would be the truth, and to affirm that they understood the terms of their release and the consequences of their failure to comply.

Afterwards, Kevin Downing, Manafort’s lawyer, told reporters that the charges have nothing to do with the Trump campaign, and called them ridiculous.

Gates was fired Monday by real-estate company Colony NorthStar Inc., where he had been a consultant to Executive Chairman Tom Barrack, a wealthy Los Angeles investor and Trump confidant. Gates looks forward to defending himself in court, according to a statement from Glenn Selig, a spokesman.

“This fight is just beginning,” Selig said.

Lawyers for Papadopoulos declined to comment, saying they would do so in court.

The president took to Twitter to say that any wrongdoing by Manafort predated their relationship.

“Sorry, but this is years ago, before Paul Manafort was part of the Trump campaign,” Trump wrote. “But why aren’t Crooked Hillary & the Dems the focus?????”

Follow the Trump Administration’s Every Move

The indictment, however, stated that Manafort’s illegal acts lasted into early 2017.

Trump has repeatedly dismissed the probe as “the single greatest witch hunt in American political history.”

Read more: Your Guide to Understanding the Trump-Russia Saga

Manafort, 68, has been targeted by Mueller for months. A top Republican strategist who also worked extensively for foreign politicians, he left Trump’s campaign after only a few months in 2016. He departed after information surfaced about his work in Ukraine for a pro-Russian party, which intensified scrutiny of his business dealings.

Gates worked with Manafort on Trump’s campaign and in Ukrainian politics. After Manafort left the campaign, Gates remained, later joining the president-elect’s inaugural committee.

He attended meetings at the White House after Trump became president, according to one former staff member. Trump sought to distance himself from Gates and grew angry after he learned that Gates was still visiting the White House, two people familiar with the matter said.

Virginia Home

As campaign chairman, Manafort attended a June 2016 meeting with the president’s son, Donald Trump Jr., and a Russian lawyer that was arranged to offer incriminating information about Clinton.

In July 2017, FBI agents picked the lock of Manafort’s northern Virginia home, frisking his wife and copying data from electronic devices, according to a person familiar with the matter.

Manafort has said he cooperated with congressional inquiries about the campaign even as Mueller’s prosecutors combed through his taxes and finances.

Manafort, a lawyer whose father was mayor of New Britain, Connecticut, made his name working for Republican presidential candidates, including Gerald Ford, Ronald Reagan, George H.W. Bush and Bob Dole.

He started lobbying and political-consulting firms that upended the way the Washington influence game worked by helping politicians win and then cashing in on the success, what one critic called an “institutionalized conflict of interest.”

Foreign Leaders

He advised foreign leaders, some with unsavory reputations, on how to make themselves palatable to Washington. His roster included Filipino dictator Ferdinand Marcos, Angolan guerrilla leader Jonas Savimbi and deposed Ukrainian leader Viktor Yanukovych, an ally of Putin.

Trump and Russia: The Lucrative Ukraine Years of Paul Manafort

Yanukovych’s Party of Regions hired Manafort in 2006 to recast its image, which had been marred by election-fraud allegations.

He helped teach Yanukovych to look and speak like an American politician, shepherding him to the presidency in 2010. Manafort also helped him defend the imprisonment of his rival, Yulia Tymoshenko, an act widely condemned in the West.

Yanukovych left office in a 2014 uprising and now lives in exile in Russia. A handwritten ledger found in a party office said Manafort was paid at least $12.7 million from 2007 to 2012. In June, Manafort retroactively filed a foreign-agent registration that said the Party of Regions paid him $17.1 million in 2012 and 2013.

https://www.bloomberg.com/news/articles/2017-10-30/trump-s-ex-campaign-chairman-manafort-told-to-surrender-to-u-s

The Manafort Indictment: Not Much There, and a Boon for Trump

by ANDREW C. MCCARTHY October 30, 2017 2:20 PM

The Paul Manafort indictment is much ado about nothing . . . except as a vehicle to squeeze Manafort, which is special counsel Robert Mueller’s objective — as we have been arguing for three months (see here, here, and here).

Do not be fooled by the “Conspiracy against the United States” heading on Count One (page 23 of the indictment). This case has nothing to do with what Democrats and the media call “the attack on our democracy” (i.e., the Kremlin’s meddling in the 2016 election, supposedly in “collusion” with the Trump campaign). Essentially, Manafort and his associate, Richard W. Gates, are charged with (a) conspiring to conceal from the U.S. government about $75 million they made as unregistered foreign agents for Ukraine, years before the 2016 election (mainly, from 2006 through 2014), and (b) a money-laundering conspiracy.

There are twelve counts in all, but those are the two major allegations.

The so-called conspiracy against the United States mainly involves Manafort’s and Gates’s alleged failure to file Treasury Department forms required by the Bank Secrecy Act. Specifically, Americans who hold a stake in foreign bank accounts must file what’s known as an “FBAR” (foreign bank account report) in any year in which, at any point, the balance in the account exceeds $10,000. Federal law also requires disclosure of foreign accounts on annual income-tax returns. Manafort and Gates are said to have controlled foreign accounts through which their Ukrainian political-consulting income sluiced, and to have failed to file accurate FBARs and tax returns. In addition, they allegedly failed to register as foreign agents from 2008 through 2014 and made false statements when they belatedly registered.

In the money-laundering conspiracy, they are alleged to have moved money in and out of the United States with the intent to promote “specified unlawful activity.” That activity is said to have been their acting as unregistered foreign agents.

On first glance, Mueller’s case, at least in part, seems shaky and overcharged.

Even though the Ukrainian money goes back to 2006, the counts involving failure to file FBARs (Counts Three through Nine) go back only to 2012. This is likely because the five-year statute of limitations bars prosecution for anything before then. Obviously, one purpose of the conspiracy count (Count One) is to enable prosecutors, under the guise of establishing the full scope of the scheme, to prove law violations that would otherwise be time-barred.

The offense of failing to register as a foreign agent (Count Ten) may be a slam-dunk, but it is a violation that the Justice Department rarely prosecutes criminally. There is often ambiguity about whether the person’s actions trigger the registration requirement, so the Justice Department’s practice is to encourage people to register, not indict them for failing to do so.

It may well be that Manafort and Gates made false statements when they belatedly registered as foreign agents, but it appears that Mueller’s office has turned one offense into two, an abusive prosecutorial tactic that flouts congressional intent.

Specifically, Congress considers false statements in the specific context of foreign-agent registration to be a misdemeanor calling for zero to six months’ imprisonment. (See Section 622(a)(2) of Title 22, U.S. Code.) That is the offense Mueller charges in Count Eleven. But then, for good measure, Mueller adds a second false-statement count (Count Twelve) for the same conduct — charged under the penal-code section (Section 1001 of Title 18, U.S. Code) that makes any falsity or material omission in a statement to government officials a felony punishable by up to five years’ imprisonment.

Obviously, one cannot make a false statement on the foreign-agent registration form without also making a false statement to the government. Consequently, expect Manafort to argue that Mueller has violated double-jeopardy principles by charging the same exact offense in two separate counts, and that the special counsel is undermining Congress’s intent that the offense of providing false information on a foreign-agent registration form be considered merely a misdemeanor.

Finally, the money-laundering conspiracy allegation (Count Two) seems far from slam-dunk. For someone to be guilty of laundering, the money involved has to be the proceeds of criminal activity before the accused starts concealing it by (a) moving it through accounts or changing its form by buying assets, etc., or (b) dodging a reporting requirement under federal law.

Now, it is surely a terrible thing to take money, under the guise of “political consulting,” from an unsavory Ukranian political faction that is doing the Kremlin’s bidding. But it is not a violation of American law to do so. The violations occur when, as outlined above, there is a lack of compliance with various disclosure requirements. Mueller seems to acknowledge this: The money-laundering count does not allege that it was illegal for Manafort and Gates to be paid by the Ukrainian faction. It is alleged, rather, that they moved the money around to promote a scheme to function as unregistered foreign agents, and specifically to avoid the registration requirement.

That seems like a stretch. To be sure, the relevant money-laundering statute includes in its definition of “specified unlawful activity” “any violation of the Foreign Agents Registration Act of 1938.” (See Section 1956(c)(2)(7)(D) of Title 18, U.S. Code.) But the prosecution still has to prove beyond a reasonable doubt that the money was the proceeds of unlawful activity in the first place. Moreover, the prosecution must prove beyond a reasonable doubt that

Even from Paul Manafort’s perspective, there may be less to this indictment than meets the eye. Manafort and Gates (a) knew the money was the proceeds of illegal activity and (b) transported the money the way they did with the specific intent of avoiding having to register as foreign agents. This count will thus fail if there is any doubt that the Ukrainian money was illegal under American law, that Manafort and Gates knew it was illegal, that they knew the work they were doing required them to register as foreign agents, or that it was their intention to promote a failure-to-register violation.

From President Trump’s perspective, the indictment is a boon from which he can claim that the special counsel has no actionable collusion case. It appears to reaffirm former FBI director James Comey’s multiple assurances that Trump is not a suspect. And, to the extent it looks like an attempt to play prosecutorial hardball with Manafort, the president can continue to portray himself as the victim of a witch hunt.

Andrew C. McCarthy is a senior fellow at the National Review Institute and a

http://www.nationalreview.com/article/453244/manafort-indictment-no-signs-trump-russia-collusion

Story 2: Whose Next? Tony Podesta — Videos —

BREAKING!Trey Gowdy Takes Apart Mueller’s Investigation & Clinton’s Campaign In Same Fiery Interview

Look Who Paul Manafort Worked For During Alleged Activities(VIDEO)!!!

Tony Podesta Steps Down from Podesta Group due to Mueller Probe.

Rpt: Mueller Investigating Tony Podesta – Uranium One Scandal – Hannity

TUCKER CARLSON MANAFORT WORKED WITH PODESTA Tucker investigates podesta group

The Coming Russia Bombshells – WSJ To Mueller After Dossier Expose: Resign – Fox & Friends

Democratic lobbyist Tony Podesta now being investigated by Mueller

 

Tony Podesta stepping down from lobbying giant amid Mueller probe

Podesta announced his decision during a firm-wide meeting Monday morning and is alerting clients of his impending departure.

Democratic power lobbyist Tony Podesta, founder of the Podesta Group, is stepping down from the firm that bears his name after coming under investigation by special counsel Robert Mueller.

Podesta announced his decision during a firm-wide meeting Monday morning and is alerting clients of his impending departure.

Podesta’s decision to leave the firm came on the same day that former Donald Trump campaign aides Paul Manafort and Rick Gates were indicted on multiple charges, including money laundering, operating as federal agents of the Ukrainian government, failing to disclose overseas bank accounts and making false statements to federal authorities. Trump campaign foreign policy advisor George Papadopoulos pleaded guilty earlier this month for lying to the FBI about his contacts with Russian officials, according to court records.

The investigation into Podesta and his firm grew out of investigators’ examination of Manafort’s finances. Manafort organized a PR campaign on behalf of a nonprofit called the European Centre for a Modern Ukraine. Podesta Group was one of several firms that were paid to do work on the PR campaign to promote Ukraine in the U.S.

Podesta Group filed paperwork with the Justice Department in April stating that it had done work for the European Centre for a Modern Ukraine that also benefited the same Ukrainian political party that Manafort once advised. Podesta Group said at the time it believed its client was a European think tank untethered to a political party.

Podesta is handing over full operational and financial control of the firm to longtime firm CEO Kimberley Fritts, according to multiple sources with knowledge of Monday’s meeting. Fritts and a senior group of the Podesta team will be launching a new firm in the next one or two days. Sources said the transition has been in the works for the past several months.

“[Tony] was very magnanimous and said, “This is an amazing group of people,” a source said of Podesta’s remarks. Podesta also told staff he “doesn’t intend to go quietly, or learn how to play golf.” He said he “needs to fight this as an individual, but doesn’t want the firm to fight it.”

Fritts also addressed the gathering, telling staff that she is “thrilled at this opportunity” and that, “This is not about me, this is about y’all.” Several other senior staff spoke about their excitement about the future of the firm. The meeting ended with a resounding ovation for Podesta.

Podesta Group did not respond to a request for comment for this story.

Podesta has long been a larger than life figure on K Street, growing his business from a boutique firm into a massive lobbying and public relations operation. He is well known for his flashy dressing, vast art collection, generous campaign donations across all levels of Democratic politics and, of course, for his brother John Podesta, Hillary Clinton’s campaign chairman.

Podesta Group has struggled in the wake of the Mueller investigation. More than a dozen of its lobbying clients have cut ties with the firm this year, according to lobbying filings. Revenues have also declined: The firm brought in an estimated $4.8 million in the third quarter of 2017, down from $5.2 million in the second quarter of 2017 and from $6.1 million in the third quarter of 2016.

https://www.politico.com/story/2017/10/30/tony-podesta-stepping-down-from-lobbying-giant-amid-mueller-probe-244314

Story 3: Real Russian Collusion — Obama Administration — Uranium One —  Clinton Foundation — Videos

Hillary Is SCARED! Sessions Must Appoint Special Counsel to Investigate Uranium One Deal

James Comey’s decision-making on the Clinton probe

Judicial Watch on Hannity: FBI Recovered 72,000 Pages of Clinton Records

FBI Informant Can Testify On Uranium One Deal – Fox & Friends

Obama-era Uranium One deal strongest evidence of Russian collusion: Rep. DeSantis

This Democrat Senator Just Flipped On Live TV And Unveiled Hillary Clinton’s TREASONOUS Secret

 

Yes, The Russia Scandal Is Real — And It Involves Hillary Clinton

Clinton Scandals: For well over a year now, the progressive left in the Democratic Party have tried hard to sell the idea that, a) Russia meddled in our election, and, b) that it was to the detriment of Hillary Clinton. After nearly a year and a half of investigating, neither appears true. What is true, and now documented, is that Hillary Clinton and her family foundation both benefited handsomely from Russian corruption.

Citing federal officials and government documents, The Hill details the Russians’ nuclear-industry corruption here in the U.S., citing extensive evidence that “Russian nuclear industry officials were engaged in bribery, kickbacks, extortion and money laundering designed to grow Vladimir Putin’s atomic energy business” in the U.S.

But that’s just the beginning. Based on both an eyewitness account and documents, The Hill report goes on to say that federal agents found evidence “indicating Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit former President Bill Clinton’s charitable foundation during the time Secretary of State Hillary Clinton served on a government body that provided a favorable decision to Moscow.”

Isn’t that called bribery?

Strangely, the Department of Justice first discovered the Russian racketeering scheme and the links to Clinton in 2009. But it failed to bring charges, and dragged its investigation out for four years with no substantive action.

Meanwhile, in October of 2010, the State Department and the interagency Committee on Foreign Investment in the United States (CFIUS) curiously — and unanimously — approved the sale of part of Uranium One, a Canadian-based company with uranium interests in the U.S., to Rosatom, a Russian state holding company.

Why is this significant? That sale gave Russia, a potential nuclear foe, defacto control over 20% of the U.S.’ uranium supply. Let that sink in for a minute.

Then there’s this: The CFIUS that approved the Rosatom deal had two key members: Then-Secretary of State Hillary Clinton, who in a clear conflict of interest materially benefited from the deal, and Attorney General Eric Holder, the man responsible for slow-walking the investigation into Russian nuclear racketeering.

So the Obama administration knew of the Russian racketeering, extortion, money laundering, and the rest, as Vladimir Putin’s minions elbowed their way into the U.S. nuclear market. The Obama administration did nothing. The administration knew, too, that Hillary was selling access and influence in the State Department via donations to the family charity. But, again, it did nothing.

And these donations weren’t just peanuts.

The Clintons and their foundation raked in a cool $145 million in donations and “speaking fees” just from Uranium One- and Rosatom-affiliated donors while Secretary of State Hillary Clinton was supposedly keeping all Clinton Foundation business at “arm’s-length.” As we reported in July, Clinton official emails show extensive connections between Hillary, the Clinton Foundation and donors during her time as secretary of state, a kind of criminal conga-line of people asking for favors from Hillary and donating to the foundation.

Peter Schwiezer, the author of “Clinton Cash,” questioned this “spontaneous outbreak of philanthropy among eight shareholders in Uranium One” who “decide now would be a great time to donate tens of millions of dollars to the Clinton Foundation.”

Nor was this just a Russian thing. It was a much-broader pay-for-play scheme by Hillary Clinton. Consider this: Of the 154 private interests that were given official access to Hillary Clinton during her tenure at the State Department, at least 85 donated to the Clinton Foundation or a program affiliated with it. The secretary of state’s office in Foggy Bottom might as well have had “For Sale” painted on it.

That the Clintons and their eponymous foundation got away with their corrupt arrangement for so many years without interference or censure speaks to a deep political corruption in the Obama administration. It’s strange that an investigation continues into the inconsequential ties between the Donald Trump campaign and Russian officials, while solid evidence of bribery of the Clinton family by the Russians and many others is completely ignored.

http://www.investors.com/politics/editorials/russia-scandal-is-real-involves-hillary-clinton/

FBI uncovered Russian bribery plot before Obama administration approved controversial nuclear deal with Moscow

Before the Obama administration approved a controversial deal in 2010 giving Moscow control of a large swath of American uranium, the FBI had gathered substantial evidence that Russian nuclear industry officials were engaged in bribery, kickbacks, extortion and money laundering designed to grow Vladimir Putin’s atomic energy business inside the United States, according to government documents and interviews.

Federal agents used a confidential U.S. witness working inside the Russian nuclear industry to gather extensive financial records, make secret recordings and intercept emails as early as 2009 that showed Moscow had compromised an American uranium trucking firm with bribes and kickbacks in violation of the Foreign Corrupt Practices Act, FBI and court documents show.

They also obtained an eyewitness account — backed by documents — indicating Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit former President Bill Clinton’s charitable foundation during the time Secretary of State Hillary Clinton served on a government body that provided a favorable decision to Moscow, sources told The Hill.

The racketeering scheme was conducted “with the consent of higher level officials” in Russia who “shared the proceeds” from the kickbacks, one agent declared in an affidavit years later.

Rather than bring immediate charges in 2010, however, the Department of Justice (DOJ) continued investigating the matter for nearly four more years, essentially leaving the American public and Congress in the dark about Russian nuclear corruption on U.S. soil during a period when the Obama administration made two major decisions benefiting Putin’s commercial nuclear ambitions.The first decision occurred in October 2010, when the State Department and government agencies on the Committee on Foreign Investment in the United States unanimously approved the partial sale of Canadian mining company Uranium One to the Russian nuclear giant Rosatom, giving Moscow control of more than 20 percent of America’s uranium supply.

When this sale was used by Trump on the campaign trail last year, Hillary Clinton’s spokesman said she was not involved in the committee review and noted the State Department official who handled it said she “never intervened … on any [Committee on Foreign Investment in the United States] matter.”

In 2011, the administration gave approval for Rosatom’s Tenex subsidiary to sell commercial uranium to U.S. nuclear power plants in a partnership with the United States Enrichment Corp. Before then, Tenex had been limited to selling U.S. nuclear power plants reprocessed uranium recovered from dismantled Soviet nuclear weapons under the 1990s Megatons to Megawatts peace program.

“The Russians were compromising American contractors in the nuclear industry with kickbacks and extortion threats, all of which raised legitimate national security concerns. And none of that evidence got aired before the Obama administration made those decisions,” a person who worked on the case told The Hill, speaking on condition of anonymity for fear of retribution by U.S. or Russian officials.

The Obama administration’s decision to approve Rosatom’s purchase of Uranium One has been a source of political controversy since 2015.

That’s when conservative author Peter Schweitzer and The New York Times documented how Bill Clinton collected hundreds of thousands of dollars in Russian speaking fees and his charitable foundation collected millions in donations from parties interested in the deal while Hillary Clinton presided on the Committee on Foreign Investment in the United States.

The Obama administration and the Clintons defended their actions at the time, insisting there was no evidence that any Russians or donors engaged in wrongdoing and there was no national security reason for any member of the committee to oppose the Uranium One deal.

But FBI, Energy Department and court documents reviewed by The Hill show the FBI in fact had gathered substantial evidence well before the committee’s decision that Vadim Mikerin — the main Russian overseeing Putin’s nuclear expansion inside the United States — was engaged in wrongdoing starting in 2009.

Then-Attorney General Eric Holder was among the Obama administration officials joining Hillary Clinton on the Committee on Foreign Investment in the United States at the time the Uranium One deal was approved. Multiple current and former government officials told The Hill they did not know whether the FBI or DOJ ever alerted committee members to the criminal activity they uncovered.

Spokesmen for Holder and Clinton did not return calls seeking comment. The Justice Department also didn’t comment.

Mikerin was a director of Rosatom’s Tenex in Moscow since the early 2000s, where he oversaw Rosatom’s nuclear collaboration with the United States under the Megatons to Megwatts program and its commercial uranium sales to other countries. In 2010, Mikerin was dispatched to the U.S. on a work visa approved by the Obama administration to open Rosatom’s new American arm called Tenam.

Between 2009 and January 2012, Mikerin “did knowingly and willfully combine, conspire confederate and agree with other persons … to obstruct, delay and affect commerce and the movement of an article and commodity (enriched uranium) in commerce by extortion,” a November 2014 indictment stated.

His illegal conduct was captured with the help of a confidential witness, an American businessman, who began making kickback payments at Mikerin’s direction and with the permission of the FBI. The first kickback payment recorded by the FBI through its informant was dated Nov. 27, 2009, the records show.

In evidentiary affidavits signed in 2014 and 2015, an Energy Department agent assigned to assist the FBI in the case testified that Mikerin supervised a “racketeering scheme” that involved extortion, bribery, money laundering and kickbacks that were both directed by and provided benefit to more senior officials back in Russia.

“As part of the scheme, Mikerin, with the consent of higher level officials at TENEX and Rosatom (both Russian state-owned entities) would offer no-bid contracts to US businesses in exchange for kickbacks in the form of money payments made to some offshore banks accounts,” Agent David Gadren testified.

“Mikerin apparently then shared the proceeds with other co-conspirators associated with TENEX in Russia and elsewhere,” the agent added.

The investigation was ultimately supervised by then-U.S. Attorney Rod Rosenstein, an Obama appointee who now serves as President Trump’s deputy attorney general, and then-Assistant FBI Director Andrew McCabe, now the deputy FBI director under Trump, Justice Department documents show.

Both men now play a key role in the current investigation into possible, but still unproven, collusion between Russia and Donald Trump’s campaign during the 2016 election cycle. McCabe is under congressional and Justice Department inspector general investigation in connection with money his wife’s Virginia state Senate campaign accepted in 2015 from now-Virginia Gov. Terry McAuliffe at a time when McAuliffe was reportedly under investigation by the FBI. The probe is not focused on McAuliffe’s conduct but rather on whether McCabe’s attendance violated the Hatch Act or other FBI conflict rules.

The connections to the current Russia case are many. The Mikerin probe began in 2009 when Robert Mueller, now the special counsel in charge of the Trump case, was still FBI director. And it ended in late 2015 under the direction of then-FBI Director James Comey, whom Trump fired earlier this year.

Its many twist and turns aside, the FBI nuclear industry case proved a gold mine, in part because it uncovered a new Russian money laundering apparatus that routed bribe and kickback payments through financial instruments in Cyprus, Latvia and Seychelles. A Russian financier in New Jersey was among those arrested for the money laundering, court records show.

The case also exposed a serious national security breach: Mikerin had given a contract to an American trucking firm called Transport Logistics International that held the sensitive job of transporting Russia’s uranium around the United States in return for more than $2 million in kickbacks from some of its executives, court records show.

One of Mikerin’s former employees told the FBI that Tenex officials in Russia specifically directed the scheme to “allow for padded pricing to include kickbacks,” agents testified in one court filing.

Bringing down a major Russian nuclear corruption scheme that had both compromised a sensitive uranium transportation asset inside the U.S. and facilitated international money laundering would seem a major feather in any law enforcement agency’s cap.

But the Justice Department and FBI took little credit in 2014 when Mikerin, the Russian financier and the trucking firm executives were arrested and charged.

The only public statement occurred a year later when the Justice Department put out a little-noticed press release in August 2015, just days before Labor Day. The release noted that the various defendants had reached plea deals.

By that time, the criminal cases against Mikerin had been narrowed to a single charge of money laundering for a scheme that officials admitted stretched from 2004 to 2014. And though agents had evidence of criminal wrongdoing they collected since at least 2009, federal prosecutors only cited in the plea agreement a handful of transactions that occurred in 2011 and 2012, well after the Committee on Foreign Investment in the United States’s approval.

The final court case also made no mention of any connection to the influence peddling conversations the FBI undercover informant witnessed about the Russian nuclear officials trying to ingratiate themselves with the Clintons even though agents had gathered documents showing the transmission of millions of dollars from Russia’s nuclear industry to an American entity that had provided assistance to Bill Clinton’s foundation, sources confirmed to The Hill.

The lack of fanfare left many key players in Washington with no inkling that a major Russian nuclear corruption scheme with serious national security implications had been uncovered.

On Dec. 15, 2015, the Justice Department put out a release stating that Mikerin, “a former Russian official residing in Maryland was sentenced today to 48 months in prison” and ordered to forfeit more than $2.1 million.

Ronald Hosko, who served as the assistant FBI director in charge of criminal cases when the investigation was underway, told The Hill he did not recall ever being briefed about Mikerin’s case by the counterintelligence side of the bureau despite the criminal charges that were being lodged.

“I had no idea this case was being conducted,” a surprised Hosko said in an interview.

Likewise, major congressional figures were also kept in the dark.

Former Rep. Mike Rogers (R-Mich.), who chaired the House Intelligence Committee during the time the FBI probe was being conducted, told The Hill that he had never been told anything about the Russian nuclear corruption case even though many fellow lawmakers had serious concerns about the Obama administration’s approval of the Uranium One deal.

“Not providing information on a corruption scheme before the Russian uranium deal was approved by U.S. regulators and engage appropriate congressional committees has served to undermine U.S. national security interests by the very people charged with protecting them,” he said. “The Russian efforts to manipulate our American political enterprise is breathtaking.”

This story was updated at 6:50 p.m.

http://thehill.com/policy/national-security/355749-fbi-uncovered-russian-bribery-plot-before-obama-administration

 

The Facts on Uranium One

Two House committees have said that they will investigate the Obama administration’s approval of a deal that gave Russia a financial interest in U.S. uranium production.

The 2010 deal allowed Rosatom, the Russian nuclear energy agency, to acquire a controlling stake in Uranium One, a Canadian-based company with mining stakes in the Western United States.

We covered it during the 2016 presidential campaign, when Donald Trump falsely accused former Secretary of State Hillary Clinton of giving away U.S. uranium rights to the Russians and claimed — without evidence — that it was done in exchange for donations to the Clinton Foundation.

Now, the issue is back in the news, and numerous readers have asked us about it again. So we will recap here what we know — and don’t know — about the 2010 deal.

The Deal

On June 8, 2010, Uranium One announced it had signed an agreement that would give “not less than 51%” of the company to JSC Atomredmetzoloto, or ARMZ, the mining arm of Rosatom, the Russian nuclear energy agency.

Uranium One has two licensed mining operations in Wyoming that amount to about “20 percent of the currently licensed uranium in-situ recovery production capacity in the U.S.,” according to the Nuclear Regulatory Commission. In-situ recovery is the extraction method used by 10 of the 11 licensed U.S. uranium producers.

Uranium One also has exploration projects in Arizona, Colorado and Utah.

But the deal required multiple approvals by the U.S., beginning with the Committee on Foreign Investments in the United States. Under federal law, the committee reviews foreign investments that raise potential national security concerns.

The Committee on Foreign Investments in the United States

The Committee on Foreign Investments has nine members, including the secretaries of the treasury, state, defense, homeland security, commerce and energy; the attorney general; and representatives from two White House offices (the United States Trade Representative and the Office of Science and Technology Policy).

The committee can’t actually stop a sale from going through — it can only approve a sale. The president is the only one who can stop a sale, if the committee or any one member “recommends suspension or prohibition of the transaction,” according to guidelines issued by the Treasury Department in December 2008 after the department adopted its final rule a month earlier.

For this and other reasons, we have written that Trump is wrong to claim that Clinton “gave away 20 percent of the uranium in the United States” to Russia. Clinton could have objected — as could the eight other voting members — but that objection alone wouldn’t have stopped the sale of the stake of Uranium One to Rosatom.

“Only the President has the authority to suspend or prohibit a covered transaction,” the federal guidelines say.

We don’t know much about the committee’s deliberations because there are “strong confidentiality requirements” prohibiting disclosure of information filed with the committee, the Treasury Department says on its website. Some information would have become available if the committee or any one of its members objected to the sale. But none of the nine members objected.

“When a transaction is referred to the President, however, the decision of the President is announced publicly,” Treasury says.

We don’t even know if Clinton was involved in the committee’s review and approval of the uranium deal. Jose Fernandez, a former assistant secretary of state, told the New York Timesthat he represented the department on the committee. “Mrs. Clinton never intervened with me on any C.F.I.U.S. matter,” he told the Times, referring to the committee by its acronym.

The Nuclear Regulatory Commission

It is also important to note that other federal approvals were needed to complete the deal, and even still more approvals would be needed to export the uranium.

First, the Nuclear Regulatory Commission had to approve the transfer of two uranium recovery licenses in Wyoming from Uranium One to the Russian company. The NRC announced it approved the transfer on Nov. 24, 2010. But, as the NRC explained at the time, “no uranium produced at either facility may be exported.”

As NRC explained in a March 2011 letter to Republican Sen. John Barrasso of Wyoming, the Russian company would have to apply for and obtain an export license and “commit to use the material only for peaceful purposes” in accordance with “the U.S.-Russia Atomic Energy Act Section 123 agreement for peaceful nuclear cooperation.”

In a June 2015 letter to Rep. Peter Visclosky, the NRC said it granted RSB Logistics Services an amendment to its export license in 2012 to allow the Kentucky shipping company to export uranium to Canada from various sources — including from a Uranium One site in Wyoming. The NRC said that the export license allowed RSB to ship uranium to a conversion plant in Canada and then back to the United States for further processing.

Canada must obtain U.S. approval to transfer any U.S. uranium to any country other than the United States, the letter says.

“Please be assured that no Uranium One, Inc.-produced uranium has been shipped directly to Russia and the U.S. Government has not authorized any country to re-transfer U.S. uranium to Russia,” the 2015 letter said.

“That 2015 statement remains true today,” David McIntyre, a spokesman for the NRC, told us in an email.

RSB Logistics’ current export license, which expires in December, still lists Uranium One as one of its suppliers of uranium.

Uranium One, which is now wholly-owned subsidiary of Rosatom, sells uranium to civilian power reactors in the United States, according to the Energy Information Administration. But U.S. owners and operators of commercial nuclear reactors purchase the vast majority of their uranium from foreign sources. Only 11 percent of the 50.6 million pounds purchased in 2016 came from U.S. domestic producers, according to the EIA.

Although Uranium One holds 20 percent of currently licensed uranium in-situ recovery production capacity in the U.S., the company was responsible for only about 11 percent of U.S. uranium production in 2014, according to 2015 congressional testimony by a Department of Energy contractor.

Clinton Foundation Donations and Bill Clinton Speaking Fee

Clinton’s role in the Uranium One sale, and the link to the Clinton Foundation, first became an issue in 2015, when news organizations received advance copies of the book “Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich,” by Peter Schweizer, a former fellow at a conservative think tank.

On April 23, 2015, the New York Times wrote about the uranium issue, saying the paper had “built upon” Schweizer’s information.

The Times detailed how the Clinton Foundation had received millions in donations from investors in Uranium One.

The donations from those with ties to Uranium One weren’t publicly disclosed by the Clinton Foundation, even though Hillary Clinton had an agreement with the White House that the foundation would disclose all contributors. Days after the Times story, the foundation acknowledged that it “made mistakes,” saying it had disclosed donations from a Canadian charity, for instance, but not the donors to that charity who were associated with the uranium company.

The Times also wrote that Bill Clinton spoke at a conference in Moscow on June 29, 2010 — which was after the Rosatom-Uranium One merger was announced in June 2010, but before it was approved by the Committee on Foreign Investments in the United States in October 2010. The Russian-based Renaissance Capital Group organized the conference and paid Clinton $500,000.

Renaissance Capital has “ties to the Kremlin” and its analysts “talked up Uranium One’s stock, assigning it a ‘buy’ rating and saying in a July 2010 research report that it was ‘the best play’ in the uranium markets,” the Times wrote.

But there is no evidence that the donations or the speaking fee had any influence on the approvals granted by the NRC or the Committee on Foreign Investments.

Back in the News

This arcane bit of campaign trivia resurfaced in the news after The Hill, a Capitol Hill newspaper, reported that a Russian spy sought to gain access to Hillary Clinton when she was secretary of state.

Lydia Guryev, who used the name “Cynthia Murphy” while living in the United States, pleaded guilty to espionage charges in July 2010 and was forced to leave the U.S. Her guilty plea came after the Rosatom-Uranium One merger was announced and before the Committee on Foreign Investments approved it. But there was nothing about the merger in the federal criminal complaint or the press release announcing her guilty plea.

The criminal complaint said that Guryev had been working as a spy in the United States since the 1990s and took orders from the foreign intelligence organ of the Russian Federation in Moscow.

For example, Guryev was ordered in the spring of 2009, in advance of Obama’s upcoming trip to Russia, to get information on “Obama’s goals which he expects to achieve during the summit [with Russia] in July,” the complaint said.

The only reference in the criminal complaint to Clinton was a veiled one. Federal agents said Guryev sought to get close with “a personal friend of [a current Cabinet official, name omitted].” The Hill identified the cabinet official as Clinton.

The Hill story also rehashed an FBI investigation that resulted in “charges against the Russian nuclear industry’s point man in the United States, TENEX director Vadim Mikerin, as well as a Russian financier and an American trucking executive whose company moved Russian uranium around the United States.”

In 2015, Mikerin was sentenced to 48 months and required to pay more than $2 million in restitution for conspiring to commit money laundering, according to the Justice Department.

The Hill quoted the attorney for a former FBI informant in the TENEX case as saying her client “witnessed numerous, detailed conversations in which Russian actors described their efforts to lobby, influence or ingratiate themselves with the Clintons in hopes of winning favorable uranium decisions from the Obama administration.”

The convictions of Guryev and Mikerin are not new, and there’s no evidence that either case has any connection to the Rosatom-Uranium One merger. Nevertheless, the article has prompted the Republican chairmen of the House intelligence and oversight committees to announce a joint investigation of the merger.

On Fox News, Rep. Devin Nunes, the chairman of the House intelligence committee, said that “we’ve been communicating back and forth through different channels” with the FBI informant in the TENEX case.

“You are talking about major decisions that were made at a time when we were resetting relations with Russia that actually happened to benefit, you know, the Clinton Foundation, perhaps other avenues, we don’t know yet,” Nunes said in an Oct. 24 interview with Bret Baier.

It may be that individuals and companies sought to curry favor with Hillary Clinton and even influence her department’s decision on the Uranium One sale. But, as we’ve written before, there is no evidence that donations to the Clinton Foundation from people with ties to Uranium One or Bill Clinton’s speaking fee influenced Hillary Clinton’s official actions. That’s still the case. We will update this article with any major developments.

http://www.factcheck.org/2017/10/facts-uranium-one/

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The Pronk Pops Show 816, January 12, 2017, Story 1: National Security State Interventionist Elites Oppose Trump Foreign Policy of Non-Intervention — CIA Covert Operations and Special Forces — American Empire of The Warfare and Welfare State or American Republic of The Peace and Prosperity Economy — Videos — Story 2: Warmongering Neocons Banging The War Drums — Videos

Posted on January 13, 2017. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, American History, Banking System, Blogroll, Books, Breaking News, Budgetary Policy, Cartoons, Congress, Constitutional Law, Corruption, Countries, Culture, Donald J. Trump, Donald Trump, Donald Trump, Economics, Education, Employment, European History, Fiscal Policy, Fourth Amendment, Freedom of Speech, Government, Government Spending, Hillary Clinton, Hillary Clinton, History, House of Representatives, Impeachment, Investments, Labor Economics, Law, Life, Media, Middle East, Monetary Policy, News, Nuclear Weapons, Obama, Philosophy, Photos, Politics, President Barack Obama, President Trump, Progressives, Radio, Raymond Thomas Pronk, Russia, Scandals, Second Amendment, Security, Senate, Social Networking, Spying, Success, Terror, Terrorism, Trade Policy, Unemployment, United States Constitution, United States of America, Videos, Violence, Wall Street Journal, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

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

Pronk Pops Show 804: November 30, 2016

Pronk Pops Show 803: November 29, 2016

Pronk Pops Show 802: November 28, 2016

Pronk Pops Show 801: November 22, 2016

Pronk Pops Show 800: November 21, 2016

Pronk Pops Show 799: November 18, 2016

Pronk Pops Show 798: November 17, 2016

Pronk Pops Show 797: November 16, 2016

Pronk Pops Show 796: November 15, 2016

Pronk Pops Show 795: November 14, 2016

Pronk Pops Show 794: November 10, 2016

Pronk Pops Show 793: November 9, 2016

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Pronk Pops Show 787: October 31, 2016

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Pronk Pops Show 783: October 25, 2016

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Pronk Pops Show 780: October 20, 2016

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Pronk Pops Show 778: October 18, 2016

Pronk Pops Show 777: October 17, 2016

Pronk Pops Show 776: October 14, 2016

Pronk Pops Show 775: October 13, 2016

Pronk Pops Show 774: October 12, 2016

Pronk Pops Show 773: October 11, 2016

Pronk Pops Show 772: October 10, 2016

Pronk Pops Show 771: October 7, 2016

Pronk Pops Show 770: October 6, 2016

Pronk Pops Show 769: October 5, 2016 

Pronk Pops Show 768: October 3, 2016

 

Story 1: National Security State Interventionist Progressive Elites Oppose Trump’s Foreign Policy of Non-Intervention — CIA Covert Operations and Special Forces — American Empire of The Warfare and Welfare State or American Republic of The Peace and Prosperity Economy — Videos

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Tucker Carlson & Glenn Greenwald: Gov’t Agencies vs Donald Trump 1/12/17

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President-elect Trump’s Emerging Foreign Policy

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What Trump Needs to Hear About Foreign Policy

US will stop racing to topple foreign regimes, says Donald Trump

Is Trump’s Foreign Policy Non-Interventionist? Not So Fast

Trump Takes Aim At CIA

Foreign policy hawks not ready to give up turf for Trump’s non-interventionist agenda

Former CIA Director Is Through With Trump Transition Team

The CIA Threatens Trump!

Can Trump Rein In The CIA?

Trump Eyes Bush-Era Torture Architect For CIA Head

Trump Wants Bush Era War Criminal To Run The CIA

Baier on BuzzFeed publishing unverified claims about Trump

Trump To CNN at Press Conference: Drop Dead! You’re FAKE NEWS!

CNN In Desperate Damage Control Over Fake News

Trump Vs. The Intel Community’s Fake News

A Trumped Intelligence Report

Trump Does Not Trust The CIA

The CIA Threatens Trump!

Conway on Russia and intel briefs, Trump business interests

Donald Trump Doesn’t Buy Intelligence Community BS – Do You? YouTube

“Trump will be assassinated” Paul Craig Roberts & Max Keiser December 2016

CIA Covert Operations and U.S. Interventions Since World War II Full documentary

Secrets of the CIA

Inside The CIA: On Company Business (1980) Parts 1 – 3 COMPLETE

The CIA’s SECRET Plan For President Trump

Donald Trump Vs. CIA: Wow!

Trump’s foreign policy vs Bolton’s world view

Did President Trump Receive Same Warning As JFK?

LIVE STREAM: Senate Confirmation Hearing of Mike Pompeo CIA Director

Rubio questions Rep. Mike Pompeo at CIA director confirmation hearing

Rubio questions secretary of state nominee Rex Tillerson on repressive regimes

The BLOWBACK SYNDROME: Oil Wars and Overreach

 

IN JANUARY, 1961, Dwight Eisenhower delivered his farewell address after serving two terms as U.S. president; the five-star general chose to warn Americans of this specific threat to democracy: “In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.” That warning was issued prior to the decade long escalation of the Vietnam War, three more decades of Cold War mania, and the post-9/11 era, all of which radically expanded that unelected faction’s power even further.

This is the faction that is now engaged in open warfare against the duly elected and already widely disliked president-elect, Donald Trump. They are using classic Cold War dirty tactics and the defining ingredients of what has until recently been denounced as “Fake News.”

Their most valuable instrument is the U.S. media, much of which reflexively reveres, serves, believes, and sides with hidden intelligence officials. And Democrats, still reeling from their unexpected and traumatic election loss as well as a systemic collapse of their party, seemingly divorced further and further from reason with each passing day, are willing — eager — to embrace any claim, cheer any tactic, align with any villain, regardless of how unsupported, tawdry and damaging those behaviors might be.

The serious dangers posed by a Trump presidency are numerous and manifest. There are a wide array of legitimate and effective tactics for combatting those threats: from bipartisan congressional coalitions and constitutional legal challenges to citizen uprisings and sustained and aggressive civil disobedience. All of those strategies have periodically proven themselves effective in times of political crisis or authoritarian overreach.

But cheering for the CIA and its shadowy allies to unilaterally subvert the U.S. election and impose its own policy dictates on the elected president is both warped and self-destructive. Empowering the very entities that have produced the most shameful atrocities and systemic deceit over the last six decades is desperation of the worst kind. Demanding that evidence-free, anonymous assertions be instantly venerated as Truth — despite emanating from the very precincts designed to propagandize and lie — is an assault on journalism, democracy, and basic human rationality. And casually branding domestic adversaries who refuse to go along as traitors and disloyal foreign operatives is morally bankrupt and certain to backfire on those doing it.

Beyond all that, there is no bigger favor that Trump opponents can do for him than attacking him with such lowly, shabby, obvious shams, recruiting large media outlets to lead the way. When it comes time to expose actual Trump corruption and criminality, who is going to believe the people and institutions who have demonstrated they are willing to endorse any assertions no matter how factually baseless, who deploy any journalistic tactic no matter how unreliable and removed from basic means of ensuring accuracy?

All of these toxic ingredients were on full display yesterday as the Deep State unleashed its tawdriest and most aggressive assault yet on Trump: vesting credibility in and then causing the public disclosure of a completely unvetted and unverified document, compiled by a paid, anonymous operative while he was working for both GOP and Democratic opponents of Trump, accusing Trump of a wide range of crimes, corrupt acts and salacious private conduct. The reaction to all of this illustrates that while the Trump presidency poses grave dangers, so, too, do those who are increasingly unhinged in their flailing, slapdash, and destructive attempts to undermine it.

 

FOR MONTHS, the CIA, with unprecedented clarity, overtly threw its weight behind Hillary Clinton’s candidacy and sought to defeat Donald Trump. In August, former acting CIA Director Michael Morell announced his endorsement of Clinton in the New York Times and claimed that “Mr. Putin had recruited Mr. Trump as an unwitting agent of the Russian Federation.” The CIA and NSA director under George W. Bush, Gen. Michael Hayden, also endorsed Clinton, and went to the Washington Post to warn, in the week before the election, that “Donald Trump really does sound a lot like Vladimir Putin,” adding that Trump is “the useful fool, some naif, manipulated by Moscow, secretly held in contempt, but whose blind support is happily accepted and exploited.”

It is not hard to understand why the CIA preferred Clinton over Trump. Clinton was critical of Obama for restraining the CIA’s proxy war in Syria and was eager to expand that war, while Trump denounced it. Clinton clearly wanted a harder line than Obama took against the CIA’s long-standing foes in Moscow, while Trump wanted improved relations and greater cooperation. In general, Clinton defended and intended to extend the decadeslong international military order on which the CIA and Pentagon’s preeminence depends, while Trump — through a still-uncertain mix of instability and extremist conviction — posed a threat to it.

Whatever one’s views are on those debates, it is the democratic framework — the presidential election, the confirmation process, congressional leaders, judicial proceedings, citizen activism and protest, civil disobedience — that should determine how they are resolved. All of those policy disputes were debated out in the open; the public heard them; and Trump won. Nobody should crave the rule of Deep State overlords.

Yet craving Deep State rule is exactly what prominent Democratic operatives and media figures are doing. Any doubt about that is now dispelled. Just last week, Chuck Schumer issued a warning to Trump, telling Rachel Maddow that Trump was being “really dumb” by challenging the unelected intelligence community because of all the ways they possess to destroy those who dare to stand up to them:

And last night, many Democrats openly embraced and celebrated what was, so plainly, an attempt by the Deep State to sabotage an elected official who had defied it: ironically, its own form of blackmail.

 

BACK IN OCTOBER, a political operative and former employee of the British intelligence agency MI6 was being paid by Democrats to dig up dirt on Trump (before that, he was paid by anti-Trump Republicans). He tried to convince countless media outlets to publish a long memo he had written filled with explosive accusations about Trump’s treason, business corruption and sexual escapades, with the overarching theme that Trump was in servitude to Moscow because they were blackmailing and bribing him.

Despite how many had it, no media outlets published it. That was because these were anonymous claims unaccompanied by any evidence at all, and even in this more permissive new media environment, nobody was willing to be journalistically associated with it. As the New York Times’ Executive Editor Dean Baquet put it last night, he would not publish these “totally unsubstantiated” allegations because “we, like others, investigated the allegations and haven’t corroborated them, and we felt we’re not in the business of publishing things we can’t stand by.”

The closest this operative got to success was convincing Mother Jones’s David Corn to publish an October 31 article reporting that “a former senior intelligence officer for a Western country” claims that “he provided the [FBI] with memos, based on his recent interactions with Russian sources, contending the Russian government has for years tried to co-opt and assist Trump.”

But because this was just an anonymous claim unaccompanied by any evidence or any specifics (which Corn withheld), it made very little impact. All of that changed yesterday. Why?

What changed was the intelligence community’s resolution to cause this all to become public and to be viewed as credible. In December, John McCain provided a copy of this report to the FBI and demanded they take it seriously.

At some point last week, the chiefs of the intelligence agencies decided to declare that this ex-British intelligence operative was “credible” enough that his allegations warranted briefing both Trump and Obama about them, thus stamping some sort of vague, indirect, and deniable official approval on these accusations. Someone — by all appearances, numerous officials — then went to CNN to tell them they had done this, causing CNN to go on-air and, in the gravest of tones, announce the “Breaking News” that “the nation’s top intelligence officials” briefed Obama and Trump that Russia had compiled information that “compromised President-elect Trump.”

CNN refused to specify what these allegations were on the ground that they could not “verify” them. But with this document in the hands of multiple media outlets, it was only a matter of time — a small amount of time — before someone would step up and publish the whole thing. Buzzfeed quickly obliged, airing all of the unvetted, anonymous claims about Trump.

Its editor-in-chief Ben Smith published a memo explaining that decision, saying that—- although there “is serious reason to doubt the allegations” — Buzzfeed in general “errs on the side of publication” and “Americans can make up their own minds about the allegations.” Publishing this document predictably produced massive traffic (and thus profit) for the site, with millions of people viewing the article and presumably reading the “dossier.”

One can certainly object to Buzzfeed’s decision and, as the New York Times notes this morning, many journalists are doing so. It’s almost impossible to imagine a scenario where it’s justifiable for a news outlet to publish a totally anonymous, unverified, unvetted document filled with scurrilous and inflammatory allegations about which its own editor-in-chief says there “is serious reason to doubt the allegations,” on the ground that they want to leave it to the public to decide whether to believe it.

But even if one believes there is no such case where that is justified, yesterday’s circumstances presented the most compelling scenario possible for doing this. Once CNN strongly hinted at these allegations, it left it to the public imagination to conjure up the dirt Russia allegedly had to blackmail and control Trump. By publishing these accusations, BuzzFeed ended that speculation. More importantly, it allowed everyone to see how dubious this document is, one the CIA and CNN had elevated into some sort of grave national security threat.

 

ALMOST IMMEDIATELY after it was published, the farcical nature of the “dossier” manifested. Not only was its author anonymous, but he was paid by Democrats (and, before that, by Trump’s GOP adversaries) to dig up dirt on Trump. Worse, he himself cited no evidence of any kind, but instead relied on a string of other anonymous people in Russia he claims told him these things. Worse still, the document was filled with amateur errors.

While many of the claims are inherently unverified, some can be confirmed. One such claim — that Trump lawyer Michael Cohen secretly traveled to Prague in August to meet with Russian officials — was strongly denied by Cohen, who insisted he had never been to Prague in his life (Prague is the same place that foreign intelligence officials claimed, in 2001, was the site of a nonexistent meeting between Iraqi officials and 9/11 hijackers, which contributed to 70% of Americans believing, as late as the fall of 2003, that Saddam personally planned the 9/11 attack). This morning, the Wall Street Journal reported that “the FBI has found no evidence that [Cohen] traveled to the Czech Republic.”

None of this stopped Democratic operatives and prominent media figures from treating these totally unverified and unvetted allegations as grave revelations. From Vox’s Zach Beauchamp:

View image on TwitterView image on Twitter

Stunning and believable narrative in leaked docs describing alleged rift in Kremlin over meddling in US elections https://www.documentcloud.org/documents/3259984-Trump-Intelligence-Allegations.html pic.twitter.com/qY2TuSM5Fc

View image on Twitter
View image on Twitter

Meanwhile, liberal commentator Rebecca Solnit declared this to be a “smoking gun” that proves Trump’s “treason,” while Daily Kos’ Markos Moulitsas sounded the same theme:

While some Democrats sounded notes of caution — party loyalist Josh Marshall commendably urged: “I would say in reviewing raw, extremely raw ‘intel’, people shld retain their skepticism even if they rightly think Trump is the worst” — the overwhelming reaction was the same as all the other instances where the CIA and its allies released unverified claims about Trump and Russia: instant embrace of the evidence-free assertions as Truth, combined with proclamations that it demonstrated Trump’s status as a traitor (with anyone expressing skepticism designated a Kremlin agent or stooge).

 

THERE IS A REAL DANGER here that this maneuver can harshly backfire, to the great benefit of Trump and to the great detriment of those who want to oppose him. If any of the significant claims in this “dossier” turn out to be provably false — such as Cohen’s trip to Prague — many people will conclude, with Trump’s encouragement, that large media outlets (CNN and BuzzFeed) and anti-Trump factions inside the government (CIA) are deploying “Fake News” to destroy him. In the eyes of many people, that will forever discredit — render impotent — future journalistic exposés that are based on actual, corroborated wrongdoing.

Beyond that, the threat posed by submitting ourselves to the CIA and empowering it to reign supreme outside of the democratic process is — as Eisenhower warned — an even more severe danger. The threat of being ruled by unaccountable and unelected entities is self-evident and grave. That’s especially true when the entity behind which so many are rallying is one with a long and deliberate history of lying, propaganda, war crimes, torture, and the worst atrocities imaginable.

All of the claims about Russia’s interference in U.S. elections and ties to Trump should be fully investigated by a credible body, and the evidence publicly disclosed to the fullest extent possible. As my colleague Sam Biddle argued last week after disclosure of the farcical intelligence community report on Russia hacking — one which even Putin’s foes mocked as a bad joke — the utter lack of evidence for these allegations means “we need an independent, resolute inquiry.” But until then, assertions that are unaccompanied by evidence and disseminated anonymously should be treated with the utmost skepticism — not lavished with convenience-driven gullibility.

Most important of all, the legitimate and effective tactics for opposing Trump are being utterly drowned by these irrational, desperate, ad hoc crusades that have no cogent strategy and make his opponents appear increasingly devoid of reason and gravity. Right now, Trump’s opponents are behaving as media critic Adam Johnson described: as ideological jelly fish, floating around aimlessly and lost, desperately latching on to whatever barge randomly passes by.

There are solutions to Trump. They involve reasoned strategizing and patient focus on issues people actually care about. Whatever those solutions are, venerating the intelligence community, begging for its intervention, and equating their dark and dirty assertions as Truth are most certainly not among them. Doing that cannot possibly achieve any good, and is already doing much harm.

https://theintercept.com/2017/01/11/the-deep-state-goes-to-war-with-president-elect-using-unverified-claims-as-dems-cheer/

How The CIA vs Donald Trump War Is Just Getting Started

CIA vs. Donald Trump

[Written by Rachel Blevins]

Just when you think things can’t get crazier with Donald Trump, they do! With these latest developments from the CIA and from U.S. representatives, we are seeing the early signs of an all-out war between the president-elect and the Central Intelligence Agency.

Recent comments from Sen. Chuck Schumer during a recent interview with Rachel Maddow on MSNBC reveal everything you need to know about what is currently happening behind the scenes in Washington D.C.   “When you take on the intelligence community, they have six ways from Sunday getting back at you,” Schumer said. “Even for a practical, supposedly hard-nosed businessman, it is being really dumb.”

Did anyone else catch the fact that with that Schumer is essentially saying that if Trump dares to challenge the CIA, it will retaliate against him?    Of course, if you know the true history of the CIA, you know that their reputation is incredibly low as it is, because they create clandestine operations that overthrow democratically elected leaders. They sabotage governments, they sabotage policies, they work for global elites and they torture people. They are known for doing god-awful things in secret, and getting away with it because of their power.

Following Schumer’s hints that the CIA would retaliate against Trump, former CIA Director James Woolsey announced that he is quitting Trump’s transition team. Many people questioned why he was there in the first place. He is a neo-conservative who pushed for war in Iraq, blamed Iraq for 9/11, and was a key member of the Project for the New American Century. Woolsey is also adamantly against WikiLeaks and Julian Assange, and when I confrontedhim about Operation Mockingbird in 2011, he lied through his teeth.

This all comes as a “hyped up” Senate hearing on alleged Russian hacking failed to lead to any concrete evidence. While there was no evidence presented confirming that the Russian government was involved in the U.S. election, they did provide information on some Ukrainian malware code, which could have been purchased by anyone anonymously online.

Director of National Intelligence James Clapper added to the fear campaign on Thursday, when he testified before the Senate Armed Services Committee, and said that the alleged Russian interference went far beyond a cyberattack.

“While there has been a lot of focus on the hacking, this is actually part of a multifaceted campaign that the Russians mounted,” Clapper told the committee.

In addition to all of the disinformation, we’re learning that the FBI is blaming Russia when they haven’t even examined the DNC servers, and instead relied on a report produced by a DNC contractor.

What we’re seeing is very clear. We’re seeing the CIA, a clandestine group that has committed horrible atrocities all over the world in secret, versus Donald Trump, a very strong personality who has not backed down. There will be a confrontation, and we will be covering exactly what happens when these two forces collide.

What do you think about this story, and what elements do you think are being overlooked or ignored? Let us know in the comments section!

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http://wearechange.org/cia-vs-donald-trump-war-just-getting-started/

Trump Dossier Spotlights Russian History of ‘Kompromat’

Diplomats, politicians and bureaucrats have been embarrassed by leaks of compromising material

Unverified allegations in a dossier on President-elect Donald Trump include a claim that Russian officials obtained evidence that could potentially be used for blackmail. Russian President Vladimir Putin held a meeting on Wednesday.
Unverified allegations in a dossier on President-elect Donald Trump include a claim that Russian officials obtained evidence that could potentially be used for blackmail. Russian President Vladimir Putin held a meeting on Wednesday. PHOTO: DRUZHININ ALEXEI/ZUMA PRESS

MOSCOW—The public airing of a dossier Tuesday on President-elect Donald Trump casts a spotlight on Russia’s dark art of kompromat, the practice of collecting compromising material on prominent individuals for the purposes of blackmail.

The dossier is packed with unverified allegations, including a claim that Russian officials obtained evidence of Mr. Trump with prostitutes and kept the information in reserve as potential blackmail.

Mr. Trump has dismissed the reports. “Intelligence agencies should never have allowed this fake news to ‘leak’ into the public,” Mr. Trump said on Twitter on Wednesday. “One last shot at me.”

President-elect Donald Trump says allegations made about him in an unverified dossier prepared by ex-British intelligence officer, Christopher Steele, are completely fabricated. WSJ’s Jason Bellini breaks down what we know about the material and the person behind it. Photo: Getty.

The Kremlin has denied any link to the dossier, and Kremlin spokesman Dmitry Peskov called the reports “pulp fiction,” according to Russian news agencies.

Kompromat, a contraction of the Russian phrase “compromising materials,” has a rich history in Russia dating back to the Soviet era. Diplomats, politicians and bureaucrats have all been embarrassed by leaked videos or other material.

While blackmail is by no means unique to Russia, the deployment of kompromat is a regular feature in the country’s bare-fisted domestic politics.

Early last year, the pro-Kremlin television network NTV aired hidden-camera footage of Mikhail Kasyanov, leader of the opposition party Parnas. The footage appeared to show Mr. Kasyanov carrying on an affair with another party member and gossiping about other opposition politicians.

Mr. Kasyanov declined to comment on the video and the use of hidden cameras. The footage, aired ahead of parliamentary elections in September, made Russia’s embattled opposition appear fractured, divided and insignificant. His party didn’t win enough votes to be represented in parliament.

Footage aired last year on a pro-Kremlin network appeared to show opposition leader Mikhail Kasyanov carrying on an affair. Mr. Kasyanov, shown here in December, declined to comment.
Footage aired last year on a pro-Kremlin network appeared to show opposition leader Mikhail Kasyanov carrying on an affair. Mr. Kasyanov, shown here in December, declined to comment. PHOTO: SHCHERBAK ALEXANDER/ZUMA PRESS

Valery Solovyov, a political analyst and historian at Moscow State Institute of International Relations, said the Russian government has a long history of collecting dossiers on dissidents, potential adversaries and political opponents.

“Of course the Kremlin collects compromising material,” he said. “The tradition goes back to the Soviet KGB, and now that material is collected through special services and journalists.”

Journalists, particularly ardently pro-Kremlin TV channels, were used during protests against Russian President Vladimir Putin in 2010-2012 to accuse opposition figures of nefarious deeds, such as collaborating with the U.S. Department of State, then headed by former Democratic presidential candidate Hillary Clinton. Journalists collected kompromat on the opposition as well as distributed materials given to them.

Mr. Solovyov, however, said that only a smattering of the compromising material collected is used against others. Less still comes to light publicly, he added.

“If it is quality and reliable, then it’s best for secret blackmail,” he said.

Kompromat, which might seem the stuff of B-grade spy thrillers, is also used as a tool in diplomatic squabbles with other countries. Western diplomats posted to Russia are trained to avoid sexual entrapment: A married diplomat caught in an extramarital affair, for instance, could be blackmailed into revealing secrets.

The U.S. State Department formally lodged a complaint in 2009, when the Russian-language website Komsomolskaya Pravda posted footage of a man it claimed to be an American diplomat visiting a prostitute. State Department spokesman Ian Kelly said at the time the diplomat was the “subject of a smear campaign using the Russian press,” using a fabricated video.

In a country with a rich history of surveillance as a tool of political repression, where security services are feared and respected, kompromat carries a particular resonance.

The fear of surveillance is ingrained in the habits of many Russians, whether or not they are actually being monitored. Russians often have a morbid humor about hidden cameras and it isn’t unusual to hear the phrase, “This isn’t a conversation to have over the phone”

To some Russians, the attention around the Trump dossier is playing out like a Russian political drama. Yuri Skuratov, Russia’s former top prosecutor, said he doubted that the Trump dossier was real.

“This is nothing more than a political act,” he said. “It’s written ideally for the losing side of the election. This is all hype, and for the American reader it tries to explain why Trump suddenly started to have good ties with Russia.”

Mr. Skuratov himself was a victim of compromising material after he began looking into charges of corruption by then-president Boris Yeltsin and his associates. In 1999, a video was aired in which someone who resembled him was filmed in bed with two women. The next year he was dismissed from his position by the country’s upper house of parliament.

The former prosecutor maintains the man in the video wasn’t him.

“It was done in order to take me away when I started to investigate corruption of Yeltsin and his circle,” Mr. Skuratov said. “It was done to get me fired and away from the investigation.”

http://www.wsj.com/articles/trump-dossier-spotlights-russian-history-of-kompromat-1484171169

Story 2: Warmongering Neocons Banging The War Drums — Videos

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Who are the NeoConservatives?

What Is Neoconservatism? Writings on Politics, Economics, Culture, Literature, Education (1995)

National Review’s Neoconservative Agenda

War Party : Documentary on the Neoconservative War Party

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The Danger of Neoconservatism – Ron Paul

The Greatest Danger to America is The Danger From Within

Busting Myths: Trump is NOT a Non-Interventionist

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DECLINE of EMPIRES: The Signs of Decay

Neoconservatism: An Obituary for an Idea (Cato Institute Book Forum, 2011)

Betrayal Of The Constitution-An Expose of the Neo-Conservative Agenda

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The Pronk Pops Show 511, August 12, 2015, Story 1: President Barack Obama Ordered National Security Agency (NSA) To Target Hillary Clinton As A National Security Risk? — Dossier Used As Leverage — Hanging Hillary Out To Dry and To Twist Slowly in The Wind — They Are Coming To Take Clinton Away To The Funny Farm For Risking The National Security of The United States — Hillary Clinton Is Lying and Has Committed Felonies — Videos

Posted on August 12, 2015. Filed under: American History, Applications, Benghazi, Blogroll, Breaking News, Business, Communications, Computers, Congress, Constitutional Law, Corruption, Crime, Economics, Education, Elections, Federal Government, Foreign Policy, Government, Government Spending, Hardware, Hillary Clinton, History, Law, Media, National Security Agency, News, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, Progressives, Radio, Raymond Thomas Pronk, Regulation, Scandals, Security, Servers, Social Science, Software, Spying, Success, Taxation, Technology, Terror, Terrorism, United States Constitution, Videos, Violence, Wall Street Journal, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

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Story 1: President Barack Obama Ordered National Security Agency (NSA) To Target Hillary Clinton As A National Security Risk? — Dossier Used As Leverage — Hanging Hillary Out To Dry and To Twist Slowly in The Wind — They Are Coming  To Take Clinton Away To The Funny Farm For Risking The National Security of The United States — Hillary Clinton Is Lying and Has Committed Felonies — Videos

The U.S. Bill of Rights

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”


Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.


Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

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NSA Whistleblower William Binney: The Future of FREEDOM

A 36-year veteran of America’s Intelligence Community, William Binney resigned from his position as Director for Global Communications Intelligence (COMINT) at the National Security Agency (NSA) and blew the whistle, after discovering that his efforts to protect the privacy and security of Americans were being undermined by those above him in the chain of command.

The NSA data-monitoring program which Binney and his team had developed — codenamed ThinThread — was being aimed not at foreign targets as intended, but at Americans (codenamed as Stellar Wind); destroying privacy here and around the world. Binney voices his call to action for the billions of individuals whose rights are currently being violated.

William Binney speaks out in this feature-length interview with Tragedy and Hope’s Richard Grove, focused on the topic of the ever-growing Surveillance State in America.

On January 22, 2015: (Berlin, Germany) – The Government Accountability Project (GAP) is proud to announce that retired NSA Technical Director and GAP client, William “Bill” Binney, will accept the Sam Adams Associates for Integrity in Intelligence Award today in Berlin, Germany. The award is presented annually by the Sam Adams Associates for Integrity in Intelligence (SAAII) to a professional who has taken a strong stand for ethics and integrity. http://whistleblower.org/press/nsa-wh…

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Rand Paul on Hillary Clinton’s Servers – The O’Reilly Factor

Benghazi Gate – Rand Paul and Hillary Clinton – Question & Answer

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Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood

Uncovering the Benghazi Cover-up: Obama was Watching Siege After Drone Arrived (10/28/12)

Obama LIED About Benghazi Attack!!! (Lt. Col. Tony Shaffer Interview)

SYRIA Retired General Suspects A US Covert Operation For Running Libya Arms To Syria

Benghazi-Gate: Connection between CIA and al-Qaeda in Libya and Syria, with Turkey’s Help

(FULL) 13 Hours in Benghazi: Fox News Special Report

Russia Hacks Pentagon + China Hack = 25 Million Records. Fed Judge Requests All Clinton Emails

Bill Clinton on NSA: Be Careful What’s in Your Emails

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“You’re Being Watched”: Edward Snowden Emerges as Source Behind Explosive Revelations of NSA Spying

Judge Napolitano: Glenn Greenwald To Release List Of Names Targeted By NSA

Guardian Reporter Glenn Greenwald: We Have List of NSA Targets

Glenn Greenwald on How NSA Leaker Edward Snowden Helped Expose a “Massive Surveillance Apparatus”

President Obama on Edward Snowden and the NSA PRISM Program Leak (2013)

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Glenn Becks “SURVEILLANCE STATE”

Enemy of the State 1998 Full Movie In English [HD 1080p] – Will Smith, Gene Hackman, Jon Voight

Funny Farm- coming to take me away

The Spy Satellite Secrets in Hillary’s Emails

These weren’t just ordinary secrets found in Clinton’s private server, but some of the most classified material the U.S. government has.
After months of denials and delaying actions, Hillary Clinton has decided to turn over her private email server to the Department of Justice. As this controversy has grown since the spring, Clinton and her campaign operatives have repeatedly denied that she had placed classified information in her personal email while serving as Secretary of State during President Obama’s first term. (“I am confident that I never sent nor received any information that was classified at the time it was sent and received,” she said last month.) Her team also denied that she would ever hand over her server to investigators. Now both those assertions have been overturned.

Hillary Clinton has little choice but to hand over her server to authorities since it now appears increasingly likely that someone on her staff violated federal laws regarding the handling of classified materials. On August 11, after extensive investigation, the Intelligence Community’s Inspector General reported to Congress that it had found several violations of security policy in Clinton’s personal emails.

Most seriously, the Inspector General assessed that Clinton’s emails included information that was highly classified—yet mislabeled as unclassified. Worse, the information in question should have been classified up to the level of “TOP SECRET//SI//TK//NOFORN,” according to the Inspector General’s report.

You may have seen acronym lists like these on declassified documents before—and glazed over them. This is the arcane language of the cleared cognoscenti so let me explain what this means:

• TOP SECRET, as the name implies, is the highest official classification level in the U.S. government, defined as information whose unauthorized release “could cause exceptionally grave damage to national security or foreign relations.”

• SI refers to Special Intelligence, meaning it is information derived from intercepted communications, which is the business of the National Security Agency, America’s single biggest source of intelligence. They’re the guys who eavesdrop on phone calls, map who’s calling who, and comb through emails. SI is a subset of what the intelligence community calls Sensitive Compartmented Information or SCI. And these materials always require special handling and protection. They are to be kept in a Sensitive Compartmented Information Facility or SCIF, which is a special hardened room that is safe from both physical and electronic intrusion.

• TK refers to Talent Keyhole, which is an IC caveat indicating that the classified material was obtained via satellite.

• NOFORN, as the name implies, means that the materials can only be shown to Americans, not to foreigners.

In short: Information at the “TOP SECRET//SI//TK//NOFORN” level is considered exceptionally highly classified and must be handled with great care under penalty of serious consequences for mishandling. Every person who is cleared and “read on” for access to such information signs reams of paperwork and receives detailed training about how it is to be handled, no exceptions—and what the consequences will be if the rules are not followed.

People found to have willfully mishandled such highly classified information often face severe punishment. Termination of employment, hefty fines, even imprisonment can result.
In the real world, people with high-level clearances are severely punished for willfully violating such rules. At a minimum, those suspected of mishandling things like NSA “signals intelligence”—intercepts calls, emails, and the like—have their clearances suspended pending the outcome of the investigation into their misconduct. Any personal items—computers, electronics—where federal investigators suspect the classified wound up, wrongly, will be impounded and searched. If it has TOP SECRET//SI information on it, “your” computer now belongs to the government, since it is considered classified.

People found to have willfully mishandled such highly classified information often face severe punishment. Termination of employment, hefty fines, even imprisonment can result. Yes, people really do go to jail for mishandling classified materials. Matthew Aid, a writer on intelligence matters, served over a year in prison for mishandling TOPSECRET//SI information from NSA, for example. The well connected tend to avoid jail, however. Sandy Berger and John Deutsch—who both served in high-level positions under President Bill Clinton, did not go to prison for mishandling TOP SECRET intelligence (though Berger got probation and was fined $50,000).

What, then, does all this means for Hillary? There is no doubt that she, or someone on her State Department staff, violated federal law by putting TOP SECRET//SI information on an unclassified system. That it was Hillary’s private, offsite server makes the case even worse from a security viewpoint. Claims that they “didn’t know” such information was highly classified do not hold water and are irrelevant. It strains belief that anybody with clearances didn’t recognize that NSA information, which is loaded with classification markings, was signals intelligence, or SIGINT. It’s possible that the classified information found in Clinton’s email trove wasn’t marked as such. But if that classification notice was omitted, it wasn’t the U.S. intelligence community that took such markings away. Moreover, anybody holding security clearances has already assumed the responsibility for handling it properly.
As Secretary of State, Hillary Clinton had no authority to disseminate IC information on her own, neither could she make it less highly classified (a process termed “downgrading” in the spy trade) without asking IC permission first.

It is a very big deal and less connected people who do this sort of thing ruin their lives, as any IC counterintelligence official can attest. During my NSA time, I saw junior personnel terminated for relatively minor infractions of security regulations. While the U.S. government unquestionably does over-classify items on the policy side, where almost everything in the Defense and State Departments gets some sort of classification stamp, not usually at a high level, intelligence reporting by its very nature is classified. If you don’t want the responsibility of a high-level government position, which inevitably brings with it TOP SECRET//SI access, then don’t accept that burden.

There’s still a lot we don’t know about Hillary’s Emailgate. Exactly how many emails contained TOPSECRET//SI information is unclear. We may never know since thousands of emails were already destroyed by Clinton. Who exactly placed the classified information in emails—it may not have been Hillary Clinton—and how did they access the information in the first place? How many of Hillary’s staffers at Foggy Bottom were also using her personal server?

Underlying all this is the question of why Hillary Clinton decided to employ her own private email and server to handle so much of her official State Department business. This is, to say the least, highly irregular—not to mention a violation of numerous U.S. government rules and regulations—so there had to be a compelling reason to do this. What was it?

The Clinton campaign was concerned enough about the issue to send out an email blast Wednesday afternoon with the subject line: “A note about Hillary Clinton’s emails.”

“You might hear some news over the next few days about Hillary Clinton’s emails,” began the email from Jennifer Palmieri, the communications director for Hillary for America.

“Because you are an important part of this team, we wanted to take a few minutes to talk through the facts—we need your help to make sure they get out there. There’s a lot of misinformation, so bear with us; the truth matters on this.”

Underneath the greeting were several bolded bullet points, including, “Hillary didn’t send any classified materials over email.” There was also a link to a longer, 4,000+ word explanation of why Clinton used a private email address and server in her official capacity as Secretary of State.

The FBI is now on the case and one hopes they will exercise due diligence in their investigation of what may be a serious leak of classified information, made worse by the fact that Clinton’s personal server was wholly unencrypted for three months, leaving it wide open to exploitation by foreign intelligence services.

The number of spy services interested in the communications of the U.S. Secretary of State numbers more than a hundred. Given their technical proficiency, it’s naïve to assume that the Russians and Chinese aren’t among them—a fact that John Kerry, the current secretary, recently admitted.

It’s safe to assume, then, that Moscow and Beijing know what Hillary’s “private” emails as Secretary of State contained. Let’s hope that the American public will someday as well.

http://www.thedailybeast.com/articles/2015/08/12/the-spy-satellite-secrets-in-hillary-s-emails.html

 

EXCLUSIVE: Tech company which maintained Hillary’s secret server was sued for ‘illegally accessing’ database and ‘stealing White House military advisers’ phone numbers’

  • Platte River Networks was used by Clinton to maintain ‘homebrew’ server in her New York State house which held her State Department emails
  • She handed over the server and a thumb drive this week to FBI after emails were found to contain ‘above top secret’ material
  • Her White House campaign is said to be in ‘panic’ over the growing scandal which comes out of probe into US diplomats’ deaths in Benghazi 
  • Daily Mail Online can reveal Denver, Colorado, based firm was sued for illegally accessing master database of US phone numbers
  • It was also accused of causing chaos to White House military advisers when their numbers stopped working as it took their numbers
  • Case raises questions over how Platte River Networks’ ability to secure server which would have been major target for foreign spy hackers 

The Internet company used by Hillary Clinton to maintain her private server was sued for stealing dozens of phone lines including some which were used by the White House.

Platte River Networks is said to have illegally accessed the master database for all US phone numbers.

It also seized 390 lines in a move that created chaos across the US government.

Among the phone numbers which the company took – which all suddenly stopped working – were lines for White House military support desks, the Department of Defense and the Department of Energy, a lawsuit claims.

Others were the main numbers for major financial institutions, hospitals and the help desk number for T2 Communications, the telecom firm which owned them.

A lawsuit filed on behalf of T2 claims that the mess took 11 days to fix and demands that Platte River pay up $360,000 in compensation.

TROUBLE IN CHAPPAQUA: Hillary Clinton faces new questions and new levels of outrage as messages on her private email server were found to contain top-secret signal intercepts and information from spy satellites

IN THE SPOTLIGHT: Platte River Systems was used by Hillary Clinton to maintain her server. Its website boasts that the Denver, Colorado firm, offers to 'build better networks'.

IN THE SPOTLIGHT: Platte River Systems was used by Hillary Clinton to maintain her server. Its website boasts that the Denver, Colorado firm, offers to ‘build better networks’.

BOAST: The firm's website describes it as having 'connections in all the right places'.

National Intelligence Community Inspector General Charles McCullough told members of Congress in writing that two of Clinton's emails were so sensitive that it would have been illegal to show them to any foreigner

The claims raise questions about the competence of Platte River, which is based in Denver, Colorado, to handle Mrs Clinton’s highly sensitive personal information while she was Secretary of State.

The Secretary of State’s emails would have been potentially a target for foreign espionage.

Mrs Clinton installed the system at her home in Chappaqua, upstate New York, and did not even have an official email address until the year she left office.

Earlier this week it emerged that she has handed over the server to the FBI which is investigating her and a number of her top aides.

Mrs Clinton acted after the Inspector General for the intelligence community said that he had found four emails that were stored on it were classified and two of those were Top Secret, the highest level of classification.

DOCUMENTED: The claim made against Platte River Networks and its co-contractors

DOCUMENTED: The claim made against Platte River Networks and its co-contractors

KEY SECTION: The passage in the claim which makes clear that the White House's military support desks and the Department of Defense had their phone numbers allegedly taken

KEY SECTION: The passage in the claim which makes clear that the White House’s military support desks and the Department of Defense had their phone numbers allegedly taken

Until now Mrs Clinton has insisted that none of the emails were classified at the time she sent or received them.

The lawsuit was filed by T2 in November last year and relates to a deal that went through in June.

By that time Mrs Clinton has left her post as Secretary of State; she was in office between 2009 and 2013.

T2 alleges that it had provided 16 phone lines to an insurance broker called Cambridge until they decided to switch providers and signed up with Windstream Communications, who worked with McLeod USA, a local exchange carrier owned by Windstream, and Platte River.

But instead of taking over the 16 lines, T2 claims that the companies asked for 390 more lines in what they called ‘intentional misappropriation’.

T2 alleges that they did this by illegally accessing the database for the Number Portability Administration Centre, the master agency which manages all US phone numbers.

The lawsuit states: ‘Under NPAC regulations, telecommunications providers are only allowed to access the NPAC data base for the exclusive purpose of routing, rating of calls, billing of calls, or performing maintenance in connection with the provision of telecommunications services.

‘Contrary to these NPAC regulations, Defendants accessed the NPAC database to find T2s 390 telephone lines as well as to obtain T2 and its customers’ proprietary network information for use in marketing T2’s lines to their existing and prospective customers.’

The lawsuit describes at length the chaos that resulted when the 390 numbers used by T2 customers suddenly stopped working.

SAFE FOR NOW? Clinton signed a statement under penalty of perjury, but there's no indication when or whether her top staffers will follow suit

EYE IN THE SKY: The classification acronym 'TK' stands for 'Talent Keyhole,' a kind of taskable satellite that delivers high-resolution imagery like this from 200 miles or more above the earth

Among the lines which went dead was that for T2’s main number and its help desk, which meant customers were unable to contact the company at a time when they needed it the most.

THE AGENCY: The CIA's headquarters campus in Langley, Virginia (shown) is likely buzzing over the former secretary of state's apparent casual management of sensitive information

THE CLINTON DEFENSE 

Hillary’s campaign issued a 4,000-word defense of her on Wednesday, including two separate claims that she never used her private email account to handle classified information. The complete sections are reproduced here, including bolded text in the original:

————————

‘Clinton said she did not use her email to send or receive classified information, but the State Department and two Inspectors General said some of these emails do contain classified information. Was her statement inaccurate?

‘Clinton only used her account for unclassified email. No information in Clinton’s emails was marked classified at the time she sent or received them.

‘When information is reviewed for public release, it is common for information previously unclassified to be upgraded to classified if the State Department or another agency believes its public release could cause potential harm to national security, law enforcement or diplomatic relations.

‘After reviewing a sampling of the 55,000 pages of emails, the Inspectors General have proffered that a small number of emails, which did not contain any classified markings and/or dissemination controls, should have been classified at the time they were sent. The State Department has said it disagrees with this assessment.

‘Clinton hopes the State Department and the agencies involved in the review process will sort out as quickly as possible which of the 55,000 pages of emails are appropriate to share with the public.

‘How did Clinton receive and consume classified information?

‘The Secretary’s office was located in a secure area. Classified information was viewed in hard copy by Clinton while in the office. While on travel, the State Department had rigorous protocols for her and traveling staff to receive and transmit information of all types.

‘A separate, closed email system was used by the State Department for the purpose of handling classified communications, which was designed to prevent such information from being transmitted anywhere other than within that system.’

T2 employees’ numbers also stopped working as did lines for: ‘The Department of Defense, Department of Energy; multiple medical emergency facilities as numbers used for general, pre- and post-surgical contact, and obstetric or gynecological emergencies; Federal Contract Support Desks; White House Military Operations support desks, several financial institution’s main telephone numbers, multiple Denver-based Charter schools’ main and backdoor phone numbers, a US-Based telephone number for IBM China, multiple other information technology companies and their support and internal telephone numbers, as well as T2’s main telephone numbers’.

The lawsuit states that the lines were dead for at least 21 hours and that it took the company at least 10 days to ‘unwind’ the mess and get the numbers back.

Among the legal documents filed in the case is a third party complaint filed by Thomas W. Snyder, a lawyer, on behalf of Windstream and McLeod.

It goes into more detail about Platte River’s role in the deal and claims that the company worked as the sales agent for Windstream in connection with the Cambridge account.

It says that Platte River was responsible for ‘spotting any red flags’ and for ‘resolving any inaccuracies’ with the deal.

The document states: ‘Platte River acted negligently and breached this duty by failing to identify that the 390 additional lines were improper.’

The lawsuit adds a new twist to the row about Mrs Clinton’s email server that is refusing to go away amid intense pressure from Republicans.

Mrs Clinton has said that she exchanged about 60,000 emails over the four years in office on the system, of which half were personal and were deleted.

Mrs Clinton turned over the other half to the Department of State in December last year and they are being reviewed and slowly released to the public.

She has until now refused to hand over the server – which she has wiped clean – but changed her mind when it emerged that some of the emails were classified.

Mr Snyder declined to comment.

Daily Mail Online has reached out to Barbara Wells, a Denver lawyer who represents Platte River, Mrs Clinton’s campaign and T2’s lawyers for comment. We have not received any response.

TIMELINE: THE CLINTON EMAIL SAGA

Hillary Clinton’s email troubles began when her private address was exposed by a Romanian hacker. Now the resulting scandal threatens to torpedo her presidential ambitions.

2008 – Hillary Clinton acquires a personal email server for her use in running for president, and has it installed in her Chappaqua, New York home

January 13, 2009 – Internet records show that the domain ‘clintonemail.com’ was created

January 21, 2009 – Clinton is confirmed by the U.S. Senate as President Obama’s secretary of state

February 1, 2013 – Clinton leaves the State Department

March 20, 2013 – Clinton’s private email address, hdr22@clintonemail.com, is made public when a Romanian hacker named ‘Guccifer’ (whose real name is Marcel Lazăr Lehel) hacks into longtime Clinton adviser Sidney Blumenthal’s AOL email account and leaks images of his inbox – including emails from Clinton

June 2013 – Hillary’s team shifts control of the email domain to an outside IT contractor in Denver called Platte River Networks, and sends the original server hardware to a data center facility in New Jersey, where it is erased

August 11, 2014 – Following a congressional subpoena and more than a year of delays, the State Department hands over a small number of Clinton’s private emails, 10 in all, to a House committee investigating the 2012 terror attack on a State Department compound in Benghazi, Libya – including some emails from the hdr22@clintonemail.com address

November 2014 – The Benghazi committee asks the State Department for a larger batch of Clinton’s emails and receives about 300 that relate to the Libya saga, amounting to 850 printed pages

December 5, 2014 – Clinton’s aides say that in response to a request from the State Department, they have handed over about 55,000 pages of her work-related emails, comprising 30,490 messages

February 13, 2015 – The State Department sends the Benghazi committee another 850 pages of Clinton’s emails, including some from two different accounts on the private ‘clintonemail.com’ server

February 27, 2015 – State Department staffers tell Benghazi committee aides that Clinton had used her private address exclusively during her tenure at the agency, and that they don’t have any of her emails other than those she provided voluntarily

March 4, 2015 – The Associated Press reports that it has traced Clinton’s private email address back to a private server at her Chappaqua, New York home, and that the server was registered under a fake name

March 10, 2015 – In a contentious press conference following a speech at the United Nations, Clinton admits that she deleted more than 30,000 emails that she says were personal in nature, and says she turned over everything work-related to the State Department, while insisting that ‘I did not email any classified material to anyone on my email; there is no classified material’

March 11, 2015 – The Associated Press sues the State Department to force the release of Clinton’s emails and other documents that the agency has failed to turn over following a Freedom Of Information Act request

April 12, 2015 – Clinton launches her second presidential campaign with an online video and begins two months of low-key campaigning marked by a lack of interaction with reporters

May 22, 2015 – The first 300 of Clinton’s emails are made public by the State Department, revealing a close relationship with Blumenthal in the weeks following the Benghazi terror attack; one of them has been retroactively classified by the FBI as ‘secret’ but Clinton insists it was ‘handled appropriately’

May 27, 2015 – A federal judge orders the State Department to begin releasing all of Clinton’s emails in installments every 30 days, setting monthly targets for the agency so the work is completed by January 29, 2016

July 23, 2015 – Charles McCullough, the inspector general for the U.S. intelligence community tells members of Congress in a letter that a random sampling of 40 Clinton emails turned up four that contained material classified as secret

July 24, 2015 – Andrea Williams, spokeswoman for the McCulloush, says that the emails ‘were classified when they were sent and are classified now.’

July 25, 2015 – During a campaign appearance in Iowa, Clinton modifies her position and tells reporters in Iowa that ‘I am confident that I never sent nor received any information that was classified at the time it was sent and received’ 

July 31, 2015 – The second State Department release of Clinton’s emails, more than 1,300 in all, includes 41 that were marked ‘classified’ before they were made public

August 4, 2015 – Clinton spokesman Nick Merrill says in a statement that the candidate ‘did not send nor receive any emails that were marked classified at the time’

August 11, 2015 – McCullough revises his statement to Congress, saying that two of the four emails in question should have been classified ‘top secret’ – but were not marked that way – and contained information from signal intercepts and keyhole satellite data; he adds that the other two emails are still being evaluated

August 11, 2015 – The FBI takes possession of Clinton’s server hardware and three thumb drives in her lawyer’s possession, which are said to contain copies of everything she turned over to the State Department

http://www.dailymail.co.uk/news/article-3197093/Tech-company-maintained-Hillary-s-secret-server-sued-illegally-accessing-databases-creating-chaos-stealing-White-House-phone-numbers.html

‘Top Secret’ emails found as Clinton probe expands to key aides

Four former aides have turned over personal emails

Senior senator skeptical of the extent of the review

Intelligence investigators say they have yet to see aides’ emails

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The Pronk Pops Show 461, May 7, 2015, Story 1: Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos

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Story 1: Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State —  Alive, Well and Growing — Videos

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourth Amendment

The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government.  It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.

https://www.law.cornell.edu/constitution/fourth_amendment

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THE COMPUTERS ARE LISTENING

HOW THE NSA CONVERTS SPOKEN WORDS INTO SEARCHABLE TEXT

Most people realize that emails and other digital communications they once considered private can now become part of their permanent record.

But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either.

Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored.

The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.

Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documentsdescribe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest.

The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.

Spying on international telephone calls has always been a staple of NSA surveillance, but the requirement that an actual person do the listening meant it was effectively limited to a tiny percentage of the total traffic. By leveraging advances in automated speech recognition, the NSA has entered the era of bulk listening.

And this has happened with no apparent public oversight, hearings or legislative action. Congress hasn’t shown signs of even knowing that it’s going on.

The USA Freedom Act — the surveillance reform bill that Congress is currently debating — doesn’t address the topic at all. The bill would end an NSA program that does not collect voice content: the government’s bulk collection of domestic calling data, showing who called who and for how long.

Even if becomes law, the bill would leave in place a multitude of mechanisms exposed by Snowden that scoop up vast amounts of innocent people’s text and voice communications in the U.S. and across the globe.

Civil liberty experts contacted by The Intercept said the NSA’s speech-to-text capabilities are a disturbing example of the privacy invasions that are becoming possible as our analog world transitions to a digital one.

“I think people don’t understand that the economics of surveillance have totally changed,” Jennifer Granick, civil liberties director at the Stanford Center for Internet and Society, told The Intercept.

“Once you have this capability, then the question is: How will it be deployed? Can you temporarily cache all American phone calls, transcribe all the phone calls, and do text searching of the content of the calls?” she said. “It may not be what they are doing right now, but they’ll be able to do it.”

And, she asked: “How would we ever know if they change the policy?”

Indeed, NSA officials have been secretive about their ability to convert speech to text, and how widely they use it, leaving open any number of possibilities.

That secrecy is the key, Granick said. “We don’t have any idea how many innocent people are being affected, or how many of those innocent people are also Americans.”

I Can Search Against It

NSA whistleblower Thomas Drake, who was trained as a voice processing crypto-linguist and worked at the agency until 2008, told The Intercept that he saw a huge push after the September 11, 2001 terror attacks to turn the massive amounts of voice communications being collected into something more useful.

Human listening was clearly not going to be the solution. “There weren’t enough ears,” he said.

The transcripts that emerged from the new systems weren’t perfect, he said. “But even if it’s not 100 percent, I can still get a lot more information. It’s far more accessible. I can search against it.”

Converting speech to text makes it easier for the NSA to see what it has collected and stored, according to Drake. “The breakthrough was being able to do it on a vast scale,” he said.

More Data, More Power, Better Performance

The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s.

What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds.

In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited.

Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”

“I would tell you we are not very good at that,” he said.

In an ideal environment like a news broadcast, he said, “we’re getting pretty good at being able to do these types of translations.”

A 2008 document from the Snowden archive shows that  transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing:

(U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing.

A version of the system the NSA uses is now even available commercially.

Experts in speech recognition say that in the last decade or so, the pace of technological improvement has been explosive. As information storage became cheaper and more efficient, technology companies were able to store massive amounts of voice data on their servers, allowing them to continually update and improve the models. Enormous processors, tuned as “deep neural networks” that detect patterns like human brains do, produce much cleaner transcripts.

And the Snowden documents show that the same kinds of leaps forward seen in commercial speech-to-text products have also been happening in secret at the NSA, fueled by the agency’s singular access to astronomical processing power and its own vast data archives.

In fact, the NSA has been repeatedly releasing new and improved speech recognition systems for more than a decade.

The first-generation tool, which made keyword-searching of vast amounts of voice content possible, was rolled out in 2004 and code-named RHINEHART.

“Voice word search technology allows analysts to find and prioritize intercept based on its intelligence content,” says an internal 2006 NSA memo entitled “For Media Mining, the Future Is Now!

The memo says that intelligence analysts involved in counterterrorism were able to identify terms related to bomb-making materials, like “detonator” and “hydrogen peroxide,” as well as place names like “Baghdad” or people like “Musharaf.”

RHINEHART was “designed to support both real-time searches, in which incoming data is automatically searched by a designated set of dictionaries, and retrospective searches, in which analysts can repeatedly search over months of past traffic,” the memo explains (emphasis in original).

As of 2006, RHINEHART was operating “across a wide variety of missions and languages” and was “used throughout the NSA/CSS [Central Security Service] Enterprise.”

But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.”

The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states.

A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)

VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”

Extensive Use Abroad

Voice communications can be collected by the NSA whether they are being sent by regular phone lines, over cellular networks, or through voice-over-internet services. Previously released documents from the Snowden archive describe enormous efforts by the NSA during the last decade to get access to voice-over-internet content like Skype calls, for instance. And other documents in the archive chronicle the agency’s adjustment to the fact that an increasingly large percentage of conversations, even those that start as landline or mobile calls, end up as digitized packets flying through the same fiber-optic cables that the NSA taps so effectively for other data and voice communications.

The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America.

For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.”

The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.

A slide from a June 2006 NSA powerpoint presentation described the role of VoiceRT:

VoiceRT: Index/Search of Voice Cuts

Keyword spotting extended to Iranian intercepts as well. A 2006 memoreported that RHINEHART had been used successfully by Persian-speaking analysts who “searched for the words ‘negotiations’ or ‘America’ in their traffic, and RHINEHART located a very important call that was transcribed verbatim providing information on an important Iranian target’s discussion of the formation of a the new Iraqi government.”

According to a 2011 memo, “How is Human Language Technology (HLT) Progressing?“, NSA that year deployed “HLT Labs” to Afghanistan, NSA facilities in Texas and Georgia, and listening posts in Latin America run by the Special Collection Service, a joint NSA/CIA unit that operates out of embassies and other locations.

“Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”

The memo offers an example from NSA Texas, where an analyst newly trained on the system used a keyword search to find previously unreported information on a target involved in drug-trafficking. In another case, an official at a Special Collection Service site in Latin America “was able to find foreign intelligence regarding a Cuban official in a fraction of the usual time.”

In a 2011 article, “Finding Nuggets — Quickly — in a Heap of Voice Collection, From Mexico to Afghanistan,” an intelligence analysis technical director from NSA Texas described the “rare life-changing instance” when he learned about human language technology, and its ability to “find the exact traffic of interest within a mass of collection.”

Analysts in Texas found the new technology a boon for spying. “From finding tunnels in Tijuana, identifying bomb threats in the streets of Mexico City, or shedding light on the shooting of US Customs officials in Potosi, Mexico, the technology did what it advertised: It accelerated the process of finding relevant intelligence when time was of the essence,” he wrote. (Emphasis in original.)

The author of the memo was also part of a team that introduced the technology to military leaders in Afghanistan. “From Kandahar to Kabul, we have traveled the country explaining NSA leaders’ vision and introducing SIGINT teams to what HLT analytics can do today and to what is still needed to make this technology a game-changing success,” the memo reads.

Extent of Domestic Use Remains Unknown

What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.”

The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”

Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.

“The National Security Agency employs a variety of technologies in the course of its authorized foreign-intelligence mission,” spokesperson Vanee’ Vines wrote in an email to The Intercept. “These capabilities, operated by NSA’s dedicated professionals and overseen by multiple internal and external authorities, help to deter threats from international terrorists, human traffickers, cyber criminals, and others who seek to harm our citizens and allies.”

Vines did not respond to the specific questions about privacy protections in place related to the processing of domestic or domestic-to-international voice communications. But she wrote that “NSA always applies rigorous protections designed to safeguard the privacy not only of U.S. persons, but also of foreigners abroad, as directed by the President in January 2014.”

The presidentially appointed but independent Privacy and Civil Liberties Oversight Board (PCLOB) didn’t mention speech-to-text technology in itspublic reports.

“I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept.

His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.

“We went to the intelligence community and asked them to declassify a significant amount of material,” he said. The “vast majority” of that material was declassified, he said. But not all — including “facts that we thought could be declassified without compromising national security.”

Hypothetically, Medine said, the ability to turn voice into text would raise significant privacy concerns. And it would also raise questions about how the intelligence agencies “minimize” the retention and dissemination of material— particularly involving U.S. persons — that doesn’t include information they’re explicitly allowed to keep.

“Obviously it increases the ability of the government to process information from more calls,” Medine said. “It would also allow the government to listen in on more calls, which would raise more of the kind of privacy issues that the board has raised in the past.”

“I’m not saying the government does or doesn’t do it,” he said, “just that these would be the consequences.”

A New Learning Curve

Speech recognition expert Bhiksha Raj likens the current era to the early days of the Internet, when people didn’t fully realize how the things they typed would last forever.

“When I started using the Internet in the 90s, I was just posting stuff,” said Raj, an associate professor at Carnegie Mellon University’s Language Technologies Institute. “It never struck me that 20 years later I could go Google myself and pull all this up. Imagine if I posted something on alt.binaries.pictures.erotica or something like that, and now that post is going to embarrass me forever.”

The same is increasingly becoming the case with voice communication, he said. And the stakes are even higher, given that the majority of the world’s communication has historically been conducted by voice, and it has traditionally been considered a private mode of communication.

“People still aren’t realizing quite the magnitude that the problem could get to,” Raj said. “And it’s not just surveillance,” he said. “People are using voice services all the time. And where does the voice go? It’s sitting somewhere. It’s going somewhere. You’re living on trust.” He added: “Right now I don’t think you can trust anybody.”

The Need for New Rules

Kim Taipale, executive director of the Stilwell Center for Advanced Studies in Science and Technology Policy, is one of several people who tried a decade ago to get policymakers to recognize that existing surveillance law doesn’t adequately deal with new global communication networks and advanced technologies including  speech recognition.

“Things aren’t ephemeral anymore,” Taipale told The Intercept. “We’re living in a world where many things that were fleeting in the analog world are now on the permanent record. The question then becomes: what are the consequences of that and what are the rules going to be to deal with those consequences?”

Realistically, Taipale said, “the ability of the government to search voice communication in bulk is one of the things we may have to live with under some circumstances going forward.” But there at least need to be “clear public rules and effective oversight to make sure that the information is only used for appropriate law-enforcement or national security purposes consistent with Constitutional principles.”

Ultimately, Taipale said, a system where computers flag suspicious voice communications could be less invasive than one where people do the listening, given the potential for human abuse and misuse to lead to privacy violations. “Automated analysis has different privacy implications,” he said.

But to Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, the distinction between a human listening and a computer listening is irrelevant in terms of privacy, possible consequences, and a chilling effect on speech.

“What people care about in the end, and what creates chilling effects in the end, are consequences,” he said. “I think that over time, people would learn to fear computerized eavesdropping just as much as they fear eavesdropping by humans, because of the consequences that it could bring.”

Indeed, computer listening could raise new concerns. One of the internal NSA memos from 2006 says an “important enhancement under development is the ability for this HLT capability to predict what intercepted data might be of interest to analysts based on the analysts’ past behavior.”

Citing Amazon’s ability to not just track but predict buyer preferences, the memo says that an NSA system designed to flag interesting intercepts “offers the promise of presenting analysts with highly enriched sorting of their traffic.”

To Phillip Rogaway, a professor of computer science at the University of California, Davis, keyword-search is probably the “least of our problems.” In an email to The Intercept, Rogaway warned that “When the NSA identifies someone as ‘interesting’ based on contemporary NLP [Natural Language Processing] methods, it might be that there is no human-understandable explanation as to why beyond: ‘his corpus of discourse resembles those of others whom we thought interesting’; or the conceptual opposite: ‘his discourse looks or sounds different from most people’s.’”

If the algorithms NSA computers use to identify threats are too complex for humans to understand, Rogaway wrote, “it will be impossible to understand the contours of the surveillance apparatus by which one is judged.  All that people will be able to do is to try your best to behave just like everyone else.”

Next: The NSA’s best kept open secret.

Readers with information or insight into these programs are encouraged to get in touch, either by email, or anonymously via SecureDrop.

Documents published with this article:

Research on the Snowden archive was conducted by Intercept researcher Andrew Fishman

https://firstlook.org/theintercept/2015/05/05/nsa-speech-recognition-snowden-searchable-text/

Section 215 of the USA PATRIOT Act

EFF sued the Department of Justice (DOJ) on the 10th anniversary of the signing of the USA PATRIOT Act in October 2011 for answers about “secret interpretations” of a controversial section of the law. In June 2013, a leaked FISA court order publicly revealed that “secret interpretation”: the government was using Section 215 of the Patriot Act to collect the phone records of virtually every person in the United States.

Prior to the revelations, several senators warned that the DOJ was using Section 215 of the PATRIOT Act to support what government attorneys called a “sensitive collection program,” targeting large numbers of Americans. The language of Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation – a far lower threshold and more expansive reach than a warrant based on probable cause.  The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns.

In response to a court order in our lawsuit, in September 2013, the government released hundreds of pages of previously secret FISA documents detailing the court’s interpretation of Section 215, including an opinion excoriating the NSA for misusing its mass surveillance database for years. In October 2013, the government released a second batch of documents related to Section 215, which showed, among other things, that the NSA had collected cell site location without notifying its oversight committees in Congress or the FISA court.

EFF’s lawsuit came after the DOJ failed to respond to a Freedom of Information Act (FOIA) request on the interpretation and use of Section 215.  The suit demanded records describing the types of “tangible things” that have been collected so far, the legal basis for the “sensitive collection program,” and information on the how many people have been affected by Section 215 orders.

The lawsuit remains ongoing.

https://www.eff.org/foia/section-215-usa-patriot-act

Background Articles and Videos

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Through a PRISM, Darkly – Everything we know about NSA spying [30c3]

Published on Dec 30, 2013

Through a PRISM, Darkly
Everything we know about NSA spying

From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.

Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english

Glenn Becks “SURVEILLANCE STATE”

Inside the NSA

Ed Snowden, NSA, and Fairy Tales

AT&T Spying On Internet Traffic

For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”

NSA Whistle-Blower Tells All – Op-Docs: The Program

The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.

NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post

He told you so: Bill Binney talks NSA leaks

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

‘After 9/11 NSA had secret deal with White House’

The story of Whistleblower Thomas Drake

Whistleblowers, Part Two: Thomas Drake

NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013

Meet Edward Snowden: NSA PRISM Whistleblower

The Truth About Edward Snowden

N.S.A. Spying: Why Does It Matter?

Inside The NSA~Americas Cyber Secrets

NSA Whistleblower Exposes Obama’s Dragnet

AT&T whistleblower against immunity for Bush spy program-1/2

AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program

The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.

AT&T whistleblower against immunity for Bush spy program-2/2

Enemy Of The State 1998 (1080p) (Full movie)

Background Articles and Videos

Stellar Wind

Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]

The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]

There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]

During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]

In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.

http://en.wikipedia.org/wiki/Stellar_Wind_%28code_name%29

PRISM

PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1] PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.

A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]

According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]

History

Slide showing that much of the world’s communications flow through the US

Details of information collected via PRISM

PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]

PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]

The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]

According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]

Response from companies

The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]

Initial Public Statements

Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]

Slide listing companies and the date that PRISM collection began

  • Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
  • Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
  • Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
  • Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
  • Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
  • Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]

In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13] The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]

“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]

Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]

On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]

The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]

While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]

Post-PRISM Transparency Reports

In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.

On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]

Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]

Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]

Response from United States government

Executive branch

Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]

Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]

On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]

The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]

The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]

In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]

Legislative branch

In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:

Senator John McCain (R-AZ)

  • June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]

Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee

  • June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
  • June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
  • June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]

Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee

  • June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]

Representative John Boehner (R-OH), Speaker of the House of Representatives

  • June 11 “He’s a traitor”[50] (referring to Edward Snowden)

Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act

  • June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]

Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.

  • June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
  • June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]

Senator Mark Udall (D-CO)

  • June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]

Representative Todd Rokita (R-IN)

  • June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]

Senator Rand Paul (R-KY)

  • June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
  • June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]

Representative Luis Gutierrez (D-IL)

  • June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]

Judicial branch

The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.

Applicable law and practice

On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]

After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.

If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]

If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]

Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]

The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]

Involvement of other countries

Australia

The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]

Canada

Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]

Germany

Germany did not receive any raw PRISM data, according to a Reuters report.[59]

Israel

Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.

New Zealand

In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]

United Kingdom

In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]

Domestic response

Unbalanced scales.svg
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)

The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]

Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]

In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]

In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]

The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]

On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]

International response

Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]

Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]

Protests at Checkpoint Charlie in Berlin

The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]

The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]

William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]

Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]

Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]

Russia has offered to consider an asylum request from Edward Snowden.[91]

Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]

Related government Internet surveillance programs

A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]

A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]

http://en.wikipedia.org/wiki/PRISM_%28surveillance_program%29

ThinThread

ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.

ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]

http://en.wikipedia.org/wiki/ThinThread

Trailblazer

Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.

NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.

The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]

Background

Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]

In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]

Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]

The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]

In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]

In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]

The new project replacing Trailblazer is called Turbulence.[3]

Whistleblowing

According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]

In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]

Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]

In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]

In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]

In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]

In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.

In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]

In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]

http://www.youtube.com/watch?v=1AXwwSq_me4

Boundless Informant

Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.

Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]

History

Slide showing that much of the world’s communications flow through the US.

Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]

NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]

Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]

Technology

According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]

Legality and FISA Amendments Act of 2008

The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]

The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]

Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]

http://en.wikipedia.org/wiki/Boundless_Informant

ECHELON

ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]

ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]

The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]

Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.

Organization

UKUSA Community
Map of UKUSA Community countries with Ireland

Australia
Canada
New Zealand
United Kingdom
United States of America

The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:

  • the Government Communications Headquarters of the United Kingdom,
  • the National Security Agency of the United States,
  • the Communications Security Establishment of Canada,
  • the Defence Signals Directorate of Australia, and
  • the Government Communications Security Bureau of New Zealand.
  • the National SIGINT Organisation (NSO) of The Netherlands

The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]

Capabilities

The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]

The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]

One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]

Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]

Controversy

See also: Industrial espionage

Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]

In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]

Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.

Hardware

According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]

Name

The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).

Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]

Ground stations

The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:

Likely satellite intercept stations

The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:

  • Hong Kong (since closed)
  • Australian Defence Satellite Communications Station (Geraldton, Western Australia)
  • Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
  • Misawa Air Base (Japan) Map
  • GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
  • Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
  • Sugar Grove (West Virginia, U.S.) Map
  • Yakima Training Center (Washington, U.S.) Map
  • GCSB Waihopai (New Zealand)
  • GCSB Tangimoana (New Zealand)
  • CFS Leitrim (Ontario, Canada)
  • Teufelsberg (Berlin, Germany) (closed 1992)

Other potentially related stations

The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:

  • Ayios Nikolaos (Cyprus – U.K.)
  • BadAibling Station (BadAibling, Germany – U.S.)
    • relocated to Griesheim in 2004[19]
    • deactivated in 2008[20]
  • Buckley Air Force Base (Aurora, Colorado)
  • Fort Gordon (Georgia, U.S.)
  • Gander (Newfoundland & Labrador, Canada)
  • Guam (Pacific Ocean, U.S.)
  • Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
  • Lackland Air Force Base, Medina Annex (San Antonio, Texas)

http://en.wikipedia.org/wiki/ECHELON

Room 641A

Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]

Description

Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]

The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]

The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.

Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.

Lawsuit

Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]

More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.

Main article: Hepting v. AT&T

The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.

http://en.wikipedia.org/wiki/Room_641A

List of government surveillance projects for the United States

United States

A top secret document leaked by Edward Snowden to The Guardian in 2013, originally due to be declassified on 12 April 2038.

http://en.wikipedia.org/wiki/List_of_government_surveillance_projects

Section summary of the Patriot Act, Title II

From Wikipedia, the free encyclopedia

President George W. Bush gestures as he addresses an audience Wednesday, July 20, 2005 at the Port of Baltimore in Baltimore, Md., encouraging the renewal of provisions of the Patriot Act.

The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title’s provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.

Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights.

The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with “Crimes and Criminal Procedure“. It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies’ powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.

Contents

 [hide

Sections 201 & 202: Intercepting communications

Patriot Act Titles
Title I: Enhancing Domestic Security against Terrorism
Title II: Enhanced Surveillance Procedures
Title III: International Money Laundering Abatement and Anti-terrorist Financing Act of 2001
Title IV: Protecting the border
Title V: Removing obstacles to investigating terrorism
Title VI: Providing for victims of terrorism, public safety officers and their families
Title VII: Increased information sharing for critical infrastructure protection
Title VIII: Strengthening the criminal laws against terrorism
Title IX: Improved intelligence
Title X: Miscellaneous

Two sections dealt with the interception of communications by the United States government.

Section 201 is titled Authority to intercept wire, oral, and electronic communications relating to terrorism. This section amended 18 U.S.C. § 2516 (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency.

The Attorney General’s subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General.

The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by 18 U.S.C. § 2332):

Note: the legislation states that title 18, section 2516(1), paragraph (p) of the United States Code was redesignated (moved) to become paragraph (q). This paragraph had been previously redesignated by two other pieces of legislation: the Antiterrorism and Effective Death Penalty Act of 1996[dead link][1] and by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (see section 201(3)).[2]

Section 202 is titled Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses, and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.[3][4]

Section 203: Authority to share criminal investigative information

Section 203 (Authority to share criminal investigation information) modified the Federal Rules of Criminal Procedure with respect to disclosure of information before the grand jury (Rule 6(e)). Section 203(a) allowed the disclosure of matters in deliberation by the grand jury, which are normally otherwise prohibited, if:

  • a court orders it (before or during a judicial proceeding),
  • a court finds that there are grounds for a motion to dismiss an indictment because of matters before the Grand Jury,
  • if the matters in deliberation are made by an attorney for the government to another Federal grand jury,
  • an attorney for the government requests that matters before the grand jury may reveal a violation of State criminal law,
  • the matters involve foreign intelligence or counterintelligence or foreign intelligence information. Foreign intelligence and counterintelligence was defined in section 3 of the National Security Act of 1947,[5] and “foreign intelligence information” was further defined in the amendment as information about:
    1. an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
    2. sabotage or international terrorism by a foreign power or an agent of a foreign power; or
    3. clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
    4. information about a foreign power or foreign territory that relates to the national defense or the security of the United States or the conduct of the foreign affairs of the United States.’.
    5. information about non-U.S. and U.S. citizens

203(a) gave the court the power to order a time within which information may be disclosed, and specified when a government agency may use information disclosed about a foreign power. The rules of criminal procedure now state that “within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.”

Section 203(b) modified 18 U.S.C. § 2517, which details who is allowed to learn the results of a communications interception, to allow any investigative or law enforcement officer, or attorney for the Government to divulge foreign intelligence, counterintelligence or foreign intelligence information to a variety of Federal officials. Specifically, any official who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from this could divulge this information to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The definition of “foreign intelligence” was the same as section 203(a), with the same ability to define “foreign intelligence” to be intelligence of a non-U.S. and U.S. citizen. The information received must only be used as necessary in the conduct of the official’s official duties.[6]

The definition of “foreign intelligence information” is defined again in Section 203(d).

Section 203(c) specified that the Attorney General must establish procedures for the disclosure of information due to 18 U.S.C. § 2517 (see above), for those people who are defined as U.S. citizens.[7]

Section 204: Limitations on communication interceptions

Section 204 (Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication) removed restrictions from the acquisition of foreign intelligence information from international or foreign communications. It was also clarified that the Foreign Intelligence Surveillance Act of 1978 should not only be the sole means of electronic surveillance for just oral and wire intercepts, but should also include electronic communication.[8][9]

Section 205: Employment of translators by the FBI

Under section 205 (Employment of translators by the Federal Bureau of Investigation), the Director of the Federal Bureau of Investigation is now allowed to employ translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. However, he must report to the House Judiciary Committee and Senate Judiciary Committee the number of translators employed and any legal reasons why he cannot employ translators from federal, state, or local agencies.[10]

Section 206: Roving surveillance authority

The Foreign Intelligence Surveillance Act of 1978[11] allows an applicant access to all information, facilities, or technical assistance necessary to perform electronic surveillance on a particular target. The assistance given must protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. The direction could be made at the request of the applicant of the surveillance order, by a common carrier, landlord, custodian or other specified person. Section 206 (Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978) amended this to add:

or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a particular person.

This allows intelligence agencies to undertake “roving” surveillance: they do not have to specify the exact facility or location where their surveillance will be done. Roving surveillance was already specified for criminal investigations under 18 U.S.C. § 2518(11), and section 206 brought the ability of intelligence agencies to undertake such roving surveillance into line with such criminal investigations. However, the section was not without controversy, as James X. Dempsey, the Executive Director of the Center for Democracy & Technology, argued that a few months after the Patriot Act was passed the Intelligence Authorization Act was also passed that had the unintended effect of seeming to authorize “John Doe” roving taps — FISA orders that identify neither the target nor the location of the interception (see The Patriot Debates, James X. Dempsey debates Paul Rosenzweig on section 206).[12]

Section 207: Duration of FISA surveillance on agents of a foreign powe

Previously FISA only defined the duration of a surveillance order against a foreign power (defined in 50 U.S.C. § 1805(e)(1)) . This was amended by section 207 (Duration of FISA surveillance of non-United States persons who are agents of a foreign power) to allow surveillance of agents of a foreign power (as defined in section 50 U.S.C. § 1801(b)(1)(A)) for a maximum of 90 days. Section 304(d)(1) was also amended to extend orders for physical searches from 45 days to 90 days, and orders for physical searches against agents of a foreign power are allowed for a maximum of 120 days. The act also clarified that extensions for surveillance could be granted for a maximum of a year against agents of a foreign power.[13]

Section 208: Designation of judges

Section 103(A) of FISA was amended by Section 208 (Designation of judges) of the Patriot Act to increase the number of federal district court judges who must now review surveillance orders from seven to 11. Of these, three of the judges must live within 20 miles (32 km) of the District of Columbia.[14]

Section 209: Seizure of voice-mail messages pursuant to warrants

Section 209 (Seizure of voice-mail messages pursuant to warrants) removed the text “any electronic storage of such communication” from title 18, section 2510 of the United States Code. Before this was struck from the Code, the U.S. government needed to apply for a title III wiretap order[15] before they could open voice-mails, however now the government only need apply for an ordinary search. Section 2703, which specifies when a “provider of electronic communication services” must disclose the contents of stored communications, was also amended to allow such a provider to be compelled to disclose the contents via a search warrant, and not a wiretap order. According to Vermont senator Patrick Leahy, this was done to “harmonizing the rules applicable to stored voice and non-voice (e.g., e-mail) communications”.[16][17]

Section 210 & 211: Scope of subpoenas for records of electronic communications

The U.S. Code specifies when the U.S. government may require a provider of an electronic communication service to hand over communication records.[18] It specifies what that provider must disclose to the government,[19] and was amended by section 210 (Scope of subpoenas for records of electronic communications) to include records of session times and durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used, even if this may only be temporary. For instance, this would include temporarily assigned IP addresses, such as those established by DHCP.[20]

Section 211 (Clarification of scope) further clarified the scope of such orders. 47 U.S.C. § 551 (Section 631 of the Communications Act of 1934) deals with the privacy granted to users of cable TV. The code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of records revealing cable subscriber selection of video programming from a cable operator.[21]

Section 212: Emergency disclosure of electronic communications

Section 212 (Emergency disclosure of electronic communications to protect life and limb) amended the US Code to stop a communications provider from providing communication records (not necessarily relating to the content itself) about a customer’s communications to others.[22] However, should the provider reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person then the communications provider can now disclose this information. The act did not make clear what “reasonably” meant.

A communications provider could also disclose communications records if:

  • a court orders the disclosure of communications at the request of a government agency (18 U.S.C. § 2703)
  • the customer allows the information to be disclosed
  • if the service provider believes that they must do so to protect their rights or property.

This section was repealed by the Homeland Security Act of 2002 — this act also created the Homeland Security Department — and was replaced with a new and permanent emergency disclosure provision.[23]

Section 213: Delayed search warrant notification

Section 213 (Authority for delaying notice of the execution of a warrant) amended the US Code to allow the notification of search warrants[24] to be delayed.[25] This section has been commonly referred to as the “sneak and peek” section, a phrase originating from the FBI[citation needed] and not, as commonly believed, from opponents of the Patriot Act. The U.S. government may now legally search and seize property that constitutes evidence of a United States criminal offense without immediately telling the owner. The court may only order the delayed notification if they have reason to believe it would hurt an investigation — delayed notifications were already defined in 18 U.S.C. § 2705 — or, if a search warrant specified that the subject of the warrant must be notified “within a reasonable period of its execution,” then it allows the court to extend the period before the notification is given, though the government must show “good cause”. If the search warrant prohibited the seizure of property or communications, then the search warrant could then be delayed.

Before the Patriot Act was enacted, there were three cases before the United States district courts: United States v. Freitas, 800 F.2d 1451 (9th Cir. 1986); United States v. Villegas, 899 F.2d 1324 (2d Cir. 1990); and United States v. Simons, 206 F.3d 392 (4th Cir. 2000). Each determined that, under certain circumstances, it was not unconstitutional to delay the notification of search warrants.[26]

Section 214: Pen register and trap and trace authority

FISA was amended by section 214 (Pen register and trap and trace authority under FISA) to clarify that pen register and trap and trace surveillance can be authorised to allow government agencies to gather foreign intelligence information.[27] Where the law only allowed them to gather surveillance if there was evidence of international terrorism, it now gives the courts the power to grant trap and traces against:

  • non-U.S. citizens.
  • those suspected of being involved with international terrorism,
  • those undertaking clandestine intelligence activities

Any investigation against U.S. citizens must not violate the First Amendment to the United States Constitution.[28]

Section 215: Access to records and other items under FISA

This section is commonly referred to as the “library records” provision[29] because of the wide range of personal material that can be investigated.[30][31]

FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official’s rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by “tangible things”: it includes “books, records, papers, documents, and other items”.

It is specified that any such investigation must be conducted in accordance with guidelines laid out in Executive Order 12333 (which pertains to United States intelligence activities). Investigations must also not be performed on U.S. citizens who are carrying out activities protected by the First Amendment to the Constitution of the United States.

Any order that is granted must be given by a FISA court judge or by a magistrate judge who is publicly designated by the Chief Justice of the United States to allow such an order to be given. Any application must prove that it is being conducted without violating the First Amendment rights of any U.S. citizens. The application can only be used to obtain foreign intelligence information not concerning a U.S. citizen or to protect against international terrorism or clandestine intelligence activities.

This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.

The section carries a gag order stating that “No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section”. Senator Rand Paul stated that the non-disclosure is imposed for one year,[32] though this is not explicitly mentioned in the section.

In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in “good faith” from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.

As a safeguard, section 502 of FISA compels the Attorney General to inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate of all such orders granted. Every six months, the Attorney General must also provide a report to the Committee on the Judiciary of the House of Representatives and the Senate which details the total number of applications made for orders approving requests for the production of tangible things and the total number of such orders either granted, modified, or denied.[33]

During a House Judiciary hearing on domestic spying on July 17, 2013 John C. Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations.[34] “Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.[34][35] NSA officials had said previously that data mining was limited to two hops, but Inglis suggested that the Foreign Intelligence Surveillance Court has allowed for data analysis extending “two or three hops”.[36]

This section was reauthorized in 2011.

Section 216: Authority to issue pen registers and trap and trace devices[edit]

Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.

Limitations

18 U.S.C. § 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.

Making and carrying out orders

It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance. If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual.

If a pen register or trap and trace device is used on a packet-switched data network, then the agency doing surveillance must keep a detailed log containing:

  1. any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
  2. the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
  3. the configuration of the device at the time of its installation and any subsequent modification made to the device; and
  4. any information which has been collected by the device

This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device. This must be done within 30 days after termination of the order.

Orders must now include the following information:[37]

  • the identifying number of the device under surveillance
  • the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied
  • if a trap and trace device is installed, the geographic limits of the order must be specified

This section amended the non-disclosure requirements of 18 U.S.C. § 3123(d)(2) by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.

Definitions

The following terms were redefined in the US Code’s chapter 206 (which solely deals with pen registers and trap and trace devices):

  • Court of competent jurisdiction: defined in 18 U.S.C. § 3127(2), subparagraph A was stricken and replaced to redefine the court to be any United States district court (including a magistrate judge of such a court) or any United States court of appeals havingjurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices)
  • Pen register: defined in 18 U.S.C. § 3127(3), the definition of such a device was expanded to include a device that captures dialing, routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. 18 U.S.C. § 3124(b) was also similarly amended.
  • Trap and trace device: defined in 18 U.S.C. § 3127(4), the definition was similarly expanded to include the dialing, routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a “process”, not just a device.
  • Contents: 18 U.S.C. § 3127(1) clarifies the term “contents” (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in 18 U.S.C. § 2510(8), which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.

Section 217: Interception of computer trespasser communications

Section 217 (Interception of computer trespasser communications) firstly defines the following terms:

  • Protected computer: this is defined in 18 U.S.C. § 1030(e)(2)(A), and is any computer that is used by a financial institution or the United States Government or one which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
  • Computer trespasser: this is defined in 18 U.S.C. § 2510(21) and references to this phrase means
    1. a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
    2. does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer

Amendments were made to 18 U.S.C. § 2511(2) to make it lawful to allow a person to intercept the communications of a computer trespasser if

  1. the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
  2. the person is lawfully engaged in an investigation,
  3. the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
  4. any communication captured can only relate to those transmitted to or from the computer trespasser.

Section 218: Foreign intelligence information

Section 218 (Foreign intelligence information) amended 50 U.S.C. § 1804(a)(7)(B) and 50 U.S.C. § 1823(a)(7)(B) (both FISA sections 104(a) (7)(B) and section 303(a)(7)(B), respectively) to change “the purpose” of surveillance orders under FISA to gain access to foreign intelligence to “significant purpose”. Mary DeRosa, in The Patriot Debates, explained that the reason behind this was to remove a legal “wall” which arose when criminal and foreign intelligence overlapped. This was because the U.S. Department of Justice interpreted “the purpose” of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says “was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases”. However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that “the Department of Justice argued to the FISA Court of Review in 2002 that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section 218 somewhat murky.”[38]

Section 219: Single-jurisdiction search warrants for terrorism

Section 219 (Single-jurisdiction search warrants for terrorism) amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district.[39]

Section 220: Nationwide service of search warrants for electronic evidence

Section 220 (Nationwide service of search warrants for electronic evidence) gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance. However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U.S.C. § 2703 and 18 U.S.C. § 2711.

Section 221: Trade sanctions

Section 221 (Trade sanctions) amended the Trade Sanctions Reform and Export Enhancement Act of 2000.[40] This Act prohibits, except under certain specific circumstances, the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction.[41] It also amended the act to include the Taliban as state sponsors of international terrorism. In amending Title IX, section 906 of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government.[42] However, the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea were exempt from such a restriction.[43]

The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:

Section 222: Assistance to law enforcement agencies

Section 222 (Assistance to law enforcement agencies) states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act. It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.[47]

Section 223: Civil liability for certain unauthorized disclosures

18 U.S.C. § 2520(a) allows any person who has had their rights violated due to the illegal interception of communications to take civil action against the offending party. Section 223 (Civil liability for certain unauthorized disclosures) excluded the United States from such civil action.

If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter 119 of the U.S. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action.[48]

A citizen’s rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in 18 U.S.C. § 2517(a).[49]

U.S. Code Title 18, Section 2712 added

A totally new section was appended to Title 18, Chapter 121 of the US Code: Section 2712, “Civil actions against the United States”. It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter 121,chapter 119, or sections 106(a), 305(a), or 405(a) of FISA. The court may assess damages no less than $US10,000 and litigation costs that are reasonably incurred. Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act.

Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation. All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party.[50]

If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this “where such disclosure is necessary to make an accurate determination of the legality of the surveillance”.[50] If it then determined that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the result of such surveillance may be suppressed as evidence. However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.[51]

It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter 121 of the U.S. Code they will request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. (see[49] for a similar part of the Act)

Section 224: Sunset

Section 224 (Sunset) is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, 2005, with the exception of the below sections. However, on December 22, 2005, the sunset clause expiration date was extended to February 3, 2006, and then on February 2, 2006 it was further extended to March 10:

Title II sections that did not expire on March 10, 2006
Section Section title
203(a) Authority to share criminal investigation information : Authority to share Grand Jury information
203(c) Authority to share criminal investigation information : Procedures
205 Employment of translators by the Federal Bureau of Investigation
208 Designation of judges
210 Scope of subpoenas for records of electronic communications
211 Clarification of scope
213 Authority for delaying notice of the execution of a warrant
216 Modification of authorities relating to use of pen registers and trap and trace devices
219 Single-jurisdiction search warrants for terrorism
221 Trade sanctions
222 Assistance to law enforcement agencies

Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.

Section 225: Immunity for compliance with FISA wiretap[edit]

Section 225 (Immunity for compliance with FISA wiretap) gives legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance. This was added to FISA as section 105 (50 U.S.C. § 1805).

Notes and references

  1. Jump up^ See Antiterrorism and Effective Death Penalty Act of 1996, section 434(2)
  2. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 201. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism.”, page 7 & Patrick Leahy, Section-bySection Analysis, “Sec. 201.”
  3. Jump up^ 18 U.S.C. § 2516(1)(c)computer crime is a felony violation of 18 U.S.C. § 1030.
  4. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 202. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Computer Fraud and Abuse Offenses.”, page 8 & Patrick Leahy, Section-bySection Analysis, “Sec. 202.”
  5. Jump up^ 20 U.S.C. § 401a
  6. Jump up^ 18 U.S.C. § 2517
  7. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 203. Authority to share criminal investigation information”, page 8 & Patrick Leahy, Section-by-Section Analysis, “Sec. 203.”
  8. Jump up^ 18 U.S.C. § 2511(2)(f) was amended to allow this change
  9. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 204. Clarification of Intelligence Exceptions From Limitations on Interception and Disclosure of Wire, Oral and Electronic Communications.”, page 9 & Patrick Leahy, Section-by-Section Analysis, “Sec. 204.”
  10. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 205. Employment of Translators by the Federal Bureau of Investigation.”, page 9 & Patrick Leahy, Section-by-Section Analysis, “Sec. 205.”
  11. Jump up^ 50 U.S.C. § 1805(c)(2)(B)
  12. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 206. Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978.”, page 10 & Patrick Leahy, Section-by-Section Analysis, “Sec. 206.”
  13. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 207. Duration of FISA Surveillance of Non-United States Persons Who are Agents of a Foreign Power.”, page 10 & Patrick Leahy, Section-by-Section Analysis, “Sec. 207.”
  14. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 208. Designation of judges”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 208.”
  15. Jump up^ A “Title III wiretap” is shorthand for Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which deals with wiretaps and was the law that created Title 18, chapter 19 of the United States Code (entitled “Wire Interception and Interception of Oral Communications,” it includes 18 U.S.C. § 251018 U.S.C. § 2520)
  16. Jump up^ Patrick Leahy, section by section analysis of the USA PATRIOT Act, section 209. Accessed November 12, 2005.
  17. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 209. Seizure of voice-mail messages pursuant to warrants”, page 11
  18. Jump up^ 18 U.S.C. § 2703
  19. Jump up^ 18 U.S.C. § 2703(c)(2)
  20. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Scope of subpoenas for records of electronic communications”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 210.”
  21. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Clarification of scope”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 211.”
  22. Jump up^ 18 U.S.C. § 2702(a)(3)
  23. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Emergency disclosure of electronic communications to protect life and limb”, page 12 & Patrick Leahy, Section-by-Section Analysis, “Sec. 212.”
  24. Jump up^ 18 U.S.C. § 3103a(a) states that “a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”
  25. Jump up^ 18 U.S.C. § 3103a
  26. Jump up^ For some analysis of section 213 of the PATRIOT Act, see: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 213: Authority for delaying notice of the execution of a warrant”, page 12 & Patrick Leahy, Section-by-Section Analysis, “Sec. 213.”
  27. Jump up^ Section 402 of FISA (50 U.S.C. § 1842) and Section 403 of FISA (50 U.S.C. § 1843) were both amended
  28. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 214: Pen register and trap and trace authority under FISA”, page 13 & Patrick Leahy, Section-by-Section Analysis, “Sec. 214.”
  29. Jump up^ Carle, David (2011-01-26). “Leahy Renews Effort To Extend Expiring PATRIOT Act Authorities, Increase Oversight”. Press release from Senator Patrick Leahy‘s office (Washington). Archived from the original on 2011-05-27. Retrieved 2011-05-27.
  30. Jump up^ Mascaro, Lisa. “Congress votes in time to extend key Patriot Act provisions”. Los Angeles Times. Retrieved 2011-05-27.
  31. Jump up^ Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court Privacy and Civil Liberties Oversight Board
  32. Jump up^ Paul, Rand (2011-04-15). “Senator Rand Paul’s Letter of Opposition to the Patriot Act”. Archived from the original on 2011-05-27. Retrieved 2011-05-27.
  33. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 215: Access to records and other items under the Foreign Intelligence Surveillance Act”, page 14 & Patrick Leahy, Section-by-Section Analysis, “Sec. 215.”
  34. ^ Jump up to:a b Ackermann, Spencer (17 July 2013). “NSA warned to rein in surveillance as agency reveals even greater scope”. The Guardian. Retrieved July 18, 2013.
  35. Jump up^ Bump, Philip (17 July 2013). “The NSA Admits It Analyzes More People’s Data Than Previously Revealed”. The Atlantic Wire. RetrievedJuly 18, 2013.
  36. Jump up^ Cite error: The named reference McClatchy20130717 was invoked but never defined (see the help page).
  37. Jump up^ 18 U.S.C. § 3123(b)(1)
  38. Jump up^ Mary DeRosa (undated), “Section 218, amending the FISA Standard, a summary by Mary DeRosa”, The Patriot Debates, accessed January 22, 2006
  39. Jump up^ Federal Rules of Criminal Procedure, rule 41(a)
  40. Jump up^ The Trade Sanctions Reform and Export Enhancement Act of 2000 is defined in title 22, chapter 79 of the United States Code
  41. Jump up^ Trade Sanctions Reform and Export Enhancement Act of 2000, Title IX, section 904(2)(C); corresponds to 22 U.S.C. § 7203(2)(C).
  42. Jump up^ Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, section 906(A)(1) 22 U.S.C. § 7205(A)(1)
  43. Jump up^ Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, section 906(A)(2) 22 U.S.C. § 7205(A)(2)
  44. Jump up^ This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
  45. Jump up^ This is defined in Executive Order No. 13224: “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism”
  46. Jump up^ Defined in Executive Order No. 12978: “Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers”; & the Foreign Narcotics Kingpin Designation Act
  47. Jump up^ As defined in section 216 of the Patriot Act.
  48. Jump up^ Defined in 18 U.S.C. § 2520(f) and 18 U.S.C. § 2707(d)
  49. ^ Jump up to:a b Defined in 18 U.S.C. § 2520(g) and 18 U.S.C. § 2707(g)
  50. ^ Jump up to:a b 18 U.S.C. § 2712(b)
  51. Jump up^ 50 U.S.C. § 1845(g)

External links

http://en.wikipedia.org/wiki/Section_summary_of_the_Patriot_Act,_Title_II

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