Tag Archives: NSA

NSAsnooping

Shhh… Latest US Court Ruling: Business As Usual for NSA Bulk Snooping

Find out more from story below:

Judges Give NSA More Time to Suck Up Your Data

The program collected information from billions of calls made by Americans.

—By Edwin Rios | Fri Aug. 28, 2015 3:18 PM EDT

A federal appeals court in Washington, DC, on Friday tossed out an injunction over the National Security Agency’s bulk collection of millions of American’s phone records, but left open the question of whether the program itself is legal.

From Politico:

The three appeals court judges assigned to the case splintered, with each writing a separate opinion. But they overturned a key ruling from December 2013 that critics of the NSA program had used to advance their claims that the collection of information on billions of calls made and received by Americans was illegal.

That ruling, issued by Judge Richard Leon in Washington, sent shockwaves across the legal landscape because it was the first in which a federal court judge sided with critics who questioned the legality of sweeping up data on vast numbers of phone calls–nearly all of them completely unrelated to terrorism.

The new decision Friday from the U.S. Court of Appeals for the D.C. Circuit did not kill the lawsuit brought by conservative gadfly Larry Klayman. The appeals court voted, 2-1, to allow the lawsuit to proceed in the district court, but the judges left doubts about whether the case will ever succeed.

In June, Congress phased out the NSA’s controversial program with the passing of the USA Freedom Act. The new law forced the NSA to obtain private phone records for counterterrorism investigations on a case-by-case basis through a court order. After the law mandated a six-month transition program for the new program, the Foreign Intelligence Surveillance Court ruled that the NSA could continue its existing bulk collection program through November.

The American Civil Liberties Union has also filed an injunction to block the program, arguing that the surveillance court should not have reinstated the program after a federal appeals court in New York found it to be illegal.

CountDracula

Shhh… Whistleblowers Sued the NSA, FBI & DOJ

drake-001

Please refer to the court documents attached.

DuncanCampbell-ABCcase3

Shhh… Duncan Campbell – Global Spying Program ECHELON & the Decades-long Cosy NSA-GCHQ Relationship

(Above) Photo Credit: The Intercept

DuncanCampbell-ABCcase

Above photo: From left to right Duncan Campbell, Crispin Aubrey and John Berry in the ‘ABC’ case (Source: The Intercept – ANL/Re/REX Shutterstock)

The Register: Special Report Duncan Campbell has spent decades unmasking Britain’s super-secretive GCHQ, its spying programmes, and its cosy relationship with America’s NSA. Today, he retells his life’s work exposing the government’s over-reaching surveillance, and reveals documents from the leaked Snowden files confirming the history of the fearsome ECHELON intercept project. This story is also published simultaneously today by The Intercept, as is – at long last – Duncan’s Register Christmas Lecture from last year.

Find out more on this insightful article printed by The Intercept and The Register.

SiliconValley

Shhh… Spies Vs Silicon Valley

Check out the following Guardian article:

Spies helped build Silicon Valley. Now the tables are turning

David Cameron wants US tech sector companies to do more to fight terrorism. But they’ve grown too powerful to listen

Gordon Corera
Wednesday 29 July 2015

If you want to understand how modern British and American intelligence services operate, you could do worse than visit the new exhibition that opens at Bletchley Park this week. It tells the story of code-breaking in the first world war, which paved the way not just for the better-known success story of world war two, but also GCHQ and the NSA’s modern day bulk interception.

A century ago, just as today, intelligence services and network providers used to enjoy a symbiotic relationship. Britain, for example, exploited its dominance of the telegraph system to spy after its companies had built an imperial web of cables that wrapped itself around the world. Britain’s first offensive act of the conflict was to cut Germany’s own undersea cables and install “secret censors” in British company offices around the world that looked out for enemy communications. A staggering 80m cable messages were subject to “censorship” during the war.

In recent decades the US has enjoyed a similar ability to spy on the world thanks to its role in building the internet – what the NSA called “home field advantage”. This worked via two channels. The first was fibre-optic cables passing through either American or British territory, allowing intelligence agencies to install the modern equivalent of secret censors: computerised black boxes that could filter data to look for emails based on “selectors”. The second channel was Silicon Valley – which had thrived thanks to massive Pentagon and NSA subsidies. People around the world sent their communications and stored their data with American companies, whose business model often involved collecting, analysing and monetising that data. This attracted spies like bears to honey. And so Prism was born – requiring the companies themselves to run selectors across their own data. 45,000 selectors were running in 2012. Put together with cable-tapping, this meant that nearly 90,000 people around the world were being spied on.

Building the internet allowed the US to export its values, import other countries’ information through spying and make a lot of money for American corporations along the way. But the relationships have fractured. The Snowden disclosures were one reason – exposure led tech companies to back away from quiet cooperation and make privacy a selling point (even competing with each other as seen in Apple’s CEO blast against Google recently).

At the same time, Isis’s use of social media has increased the state’s desire to get more from these companies, leading to growing tension. It was notable that David Cameron’s speech on extremism last week singled out tech companies for criticism. When their commercial models are built around tracking our likes and dislikes, why do they say it’s too difficult to help when it comes to the fight against terrorism, the prime minister asked.

A big problem for the spies is that during the first world war the cable companies that helped Britain knew who was boss. Today it is more complex. An angry Mark Zuckerberg of Facebook told President Obama that his administration “blew it” when it tried to defend Prism by saying it was only used to spy on foreigners. After all, most of Facebook and Silicon Valley’s customers are foreigners.

The British government criticised Facebook for not spotting private messages from one of the men who went on to kill Lee Rigby. This is the kind of thing Cameron wants the companies to do more on. But whose job is it to spy? The companies are nervous of signing up to a system in which it is their job to scan their customers’ data and proactively report suspicious content, effectively outsourcing the act of spying (and not just the collection of data) to the private sector. Such a deal, tech companies fear, could set a dangerous precedent: if you help Britain when it comes to national security, what do you do when China or Russia come knocking?

On his first day as director of GCHQ, Robert Hannigan launched a volley against Silicon Valley, accusing it of acting as “command and control” for groups like Isis. But since then, the tone has been more conciliatory. What Hannigan may have realised is that companies have the upper hand, partly because the data is with US companies that are subject to US laws. To avoid the Russia and China issue, they assert their co-operation is voluntary and there is not much the British state can do about it.

It was notable that in his speech, Cameron didn’t threaten new legislation. Why? Because he knows that power relations between governments and corporations have shifted since the first world war: modern tech firms are too big to be pushed around.

If they have a vulnerability, it’s their dependence on customers: verbal volleys from politicians and spies are a sign that the real battleground is now public opinion. Companies are gambling that focusing on privacy will win them the trust of the public, while governments in London and Washington are hoping that talking about terrorism will pressure companies to cooperate more. Who wins this tug of war may depend on events that neither party can control, including the prevalence of terrorist attacks. Whatever the case, the old alliance between Silicon Valley and the spies is no more.

CanadaUSborder

Shhh… US-Canada Border – Secret Deal Between Canada’s Spies and Border Guards

Check out this article from The Star:

Secret deal between Canada’s spies and border guards raises concerns

A memorandum of understanding between the two agencies allowed info sharing, joint operations without political oversight.

By: Alex Boutilier Ottawa Bureau Reporter, Published on Thu Jul 02 2015

OTTAWA—A secret deal between Canada’s spies and border guards proposed more information sharing and joint operations without the need for political sign-off, the Star has learned.

A 2014 deal between the Canadian Security Intelligence Service and the Canada Border Services Agency proposed the two agencies be allowed to share information and resources without the prior approval of their political masters.

“The Framework (Memorandum of Understanding) will also authorize (CSIS) to enter into more specific arrangements with CBSA, as required, without the necessity to seek your approval each time,” wrote CSIS director Michel Coulombe in a memo explaining the deal to Public Safety Minister Steven Blaney.

Blaney’s office won’t say whether or not the deal has been approved.

The deal, obtained under access to information law, would permit the two agencies to share “investigative techniques, the provision of equipment, the sharing of information, resources or personnel” to assist one another to meet shared objectives.

CSIS is allowed to enter into agreements with other departments and agencies, including foreign partners, and routinely does. But the rules governing the spy agency state that CSIS needs the express permission from the public safety minister to do so.

But Coulombe explicitly stated that, under the new deal, Blaney’s approval would not be required for further co-operation between the two agencies. Both would otherwise have to follow their respective mandates, the deal states.

The Star requested an interview with Blaney, and provided a detailed list of questions. That interview request was denied. Blaney’s office would not say if the minister approved the deal, and did not respond to the Star’s questions.

Jeremy Laurin, a spokesperson for the minister, instead provided a written statement referencing the threat of “jihadi terrorists” and the necessity for national security agencies to work together.

“In today’s global threat environment, national security is a team effort — which means that CSIS works with many domestic partners,” Laurin wrote. “CBSA is one of those partners.”

It’s not clear when the deal itself was drafted — the documents themselves are undated, but were released in a batch of briefing notes written last summer. That means the proposal would have crossed Blaney’s desk well before the Conservatives introduced controversial new terror laws that drastically expanded the agency’s mandate.

Bill C-51 allows CSIS to “disrupt” real or perceived threats to national security, rather than passing the intelligence they gather to an enforcement agency. The legislation, which recently became law, also greatly expands government agencies’ ability to share information deemed relevant to national security.

While the scope of the information sharing provisions alarmed security researchers and privacy experts, the majority Conservatives said they were necessary to ensure Canadians were kept safe. But The Canadian Press reported Wednesday that CSIS had told senior bureaucrats that improvements to their access to information could be achieved within the existing law.

Wesley Wark, a security researcher at the University of Ottawa, said it’s not uncommon for agencies to have formal agreements governing joint operations. But this deal in particular, Wark said, appears to diminish political accountability.

“It also shows a tendency on (the) part of the Harper government to allow for an erosion of ministerial accountability,” Wark wrote after reviewing the documents. “And it reminds us of one of the big holes in the fabric of accountability for security and intelligence — namely the absence of independent, external review of CBSA.”

Craig Forcese, also a University of Ottawa professor and vocal critic of Bill C-51, said the “stovepipe” nature of Canada’s intelligence review bodies is a major concern with these type of agreements.

The Security Intelligence Review Committee, for instance, can review actions taken by CSIS after the fact. But the committee has no ability to “follow the thread” of an operation when CSIS partners with another agency like CBSA, the RCMP, or Canada’s electronic spying agency, the Communications Security Establishment.

“If I had set out to intentionally design a system of accountability likely to break, it would look a lot like our current system of stovepiped review,” Forcese said.

“Add to that CBSA has no review body of its own — and, as best I know, is the only agency with a law enforcement or intelligence mandate in the country without some form of external, independent review or oversight.”

The Star requested the text of CSIS’s memorandums of understanding with other agencies. The agency declined to provide them, or to list which agencies it co-operates with, saying that the agency operates within its mandate, ministerial direction, and internal policy.

Before:

CSIS is permitted to enter into partnerships, both domestic and international, under Section 17 of the CSIS Act. The act requires the agency to get the go-ahead from the public safety minister beforehand.

After:

If the CSIS-CBSA deal was accepted, the two agencies could co-operate without bothering to get approval from politicians.

Under C-51:

The Conservatives’ controversial terror law allows for the free flow of information between 17 domestic law enforcement agencies and departments. Canada’s privacy commissioner has called the provision excessive.

Minds

Shhh… Minds.com: A Social Media Network to Stop NSA Surveillance?

DerSpiegel

Shhh… SPIEGEL: US Attack on Press Freedom

As more details emerge, it is becoming increasingly clear that representatives of the German government at best looked away as the Americans violated the law, and at worst supported them…

Journalists, who scrutinize and criticize those who govern, are an elementary part of the “checks and balances” — an American invention — aimed at ensuring both transparency and accountability. When it comes to intelligence issues, however, it appears this system has been out of balance for some time…

Everything the government said was a lie. As far back as 2013, the German government was in a position to suspect, if not to know outright, the obscene extent to which the United States was spying on an ally…

See original Spiegel story below.


An Attack on Press Freedom: SPIEGEL Targeted by US Intelligence

By SPIEGEL Staff

Revelations from WikiLeaks published this week show how boundlessly and comprehensively American intelligence services spied on the German government. It has now emerged that the US also conducted surveillance against SPIEGEL.

Walks during working hours aren’t the kind of pastime one would normally expect from a leading official in the German Chancellery. Especially not from the head of Department Six, the official inside Angela Merkel’s office responsible for coordinating Germany’s intelligence services.

Walks during working hours aren’t the kind of pastime one would normally expect from a leading official in the German Chancellery. Especially not from the head of Department Six, the official inside Angela Merkel’s office responsible for coordinating Germany’s intelligence services.

But in the summer of 2011, Günter Heiss found himself stretching his legs for professional reasons. The CIA’s station chief in Berlin had requested a private conversation with Heiss. And he didn’t want to meet in an office or follow standard protocol. Instead, he opted for the kind of clandestine meeting you might see in a spy film.

Officially, the CIA man was accredited as a counsellor with the US Embassy, located next to Berlin’s historic Brandenburg Gate. Married to a European, he had already been stationed in Germany once before and knew how to communicate with German officials. At times he could be demanding and overbearing, but he could also be polite and courteous. During this summer walk he also had something tangible to offer Heiss.

The CIA staffer revealed that a high-ranking Chancellery official allegedly maintained close contacts with the media and was sharing official information with reporters with SPIEGEL.

The American provided the name of the staffer: Hans Josef Vorbeck, Heiss’ deputy in Department Six. The information must have made it clear to Heiss that the US was spying on the German government as well as the press that reports on it.

The central Berlin stroll remained a secret for almost four years. The Chancellery quietly transferred Vorbeck, who had until then been responsible for counterterrorism, to another, less important department responsible dealing with the history of the BND federal intelligence agency. Other than that, though, it did nothing.

Making a Farce of Rule of Law

Officials in the Chancellery weren’t interested in how the CIA had obtained its alleged information. They didn’t care to find out how, and to which degree, they were being spied on by the United States. Nor were they interested in learning about the degree to which SPIEGEL was being snooped on by the Americans. Chancellery officials didn’t contact any of the people in question. They didn’t contact members of the Bundestag federal parliament sitting on the Parliamentary Control Panel, the group responsible for oversight of the intelligence services. They didn’t inform members of the Office for the Protection of the Constitution, the agency responsible for counterintelligence in Germany, either. And they didn’t contact a single public prosecutor. Angela Merkel’s office, it turns out, simply made a farce of the rule of law.

As a target of the surveillance, SPIEGEL has requested more information from the Chancellery. At the same time, the magazine filed a complaint on Friday with the Federal Public Prosecutor due to suspicion of intelligence agency activity.

Because now, in the course of the proceedings of the parliamentary investigative committee probing the NSA’s activities in Germany in the wake of revelations leaked by whistleblower Edward Snowden, details about the event that took place in the summer of 2011 are gradually leaking to the public. At the beginning of May, the mass-circulation tabloid Bild am Sonntag reported on a Chancellery official who had been sidelined “in the wake of evidence of alleged betrayal of secrets through US secret services.”

Research conducted by SPIEGEL has determined the existence of CIA and NSA files filled with a large number of memos pertaining to the work of the German newsmagazine. And three different government sources in Berlin and Washington have independently confirmed that the CIA station chief in Berlin was referring specifically to Vorbeck’s contacts with SPIEGEL.

An Operation Justified by Security Interests?

Obama administration sources with knowledge of the operation said that it was justified by American security interests. The sources said US intelligence services had determined the existence of intensive contacts between SPIEGEL reporters and the German government and decided to intervene because those communications were viewed as damaging to the United States’ interests. The fact that the CIA and NSA were prepared to reveal an ongoing surveillance operation to the Chancellery underlines the importance they attached to the leaks, say sources in Washington. The NSA, the sources say, were aware that the German government would know from then on that the US was spying in Berlin.

As more details emerge, it is becoming increasingly clear that representatives of the German government at best looked away as the Americans violated the law, and at worst supported them.

Just last Thursday, Günter Heiss and his former supervisor, Merkel’s former Chief of Staff Ronald Pofalla, were questioned by the parliamentary investigative committee and attempted to explain the egregious activity. Heiss confirmed that tips had been given, but claimed they hadn’t been “concrete enough” for measures to be taken. When asked if he had been familiar with the issue, Pofalla answered, “Of course.” He said that anything else he provided had to be “in context,” at which point a representative of the Chancellery chimed in and pointed out that could only take place in a meeting behind closed doors.

In that sense, the meeting of the investigative committee once again shed light on the extent to which the balance of power has shifted between the government and the Fourth Estate. Journalists, who scrutinize and criticize those who govern, are an elementary part of the “checks and balances” — an American invention — aimed at ensuring both transparency and accountability. When it comes to intelligence issues, however, it appears this system has been out of balance for some time.

Government Lies

When SPIEGEL first reported in Summer 2013 about the extent of NSA’s spying on Germany, German politicians first expressed shock and then a certain amount of indignation before quickly sliding back into their persona as a loyal ally. After only a short time and a complete lack of willingness on the part of the Americans to explain their actions, Pofalla declared that the “allegations are off the table.”

But a number of reports published in recent months prove that, whether out of fear, outrage or an alleged lack of knowledge, it was all untrue. Everything the government said was a lie. As far back as 2013, the German government was in a position to suspect, if not to know outright, the obscene extent to which the United States was spying on an ally. If there hadn’t already been sufficient evidence of the depth of the Americans’ interest in what was happening in Berlin, Wednesday’s revelations by WikiLeaks, in cooperation with Süddeutsche Zeitung, filled in the gaps.

SPIEGEL’s reporting has long been a thorn in the side of the US administration. In addition to its reporting on a number of other scandals, the magazine exposed the kidnapping of Murat Kurnaz, a man of Turkish origin raised in Bremen, Germany, and his rendition to Guantanamo. It exposed the story of Mohammed Haydar Zammar, who was taken to Syria, where he was tortured. The reports triggered the launch of a parliamentary investigative committee in Berlin to look also into the CIA’s practices.

When SPIEGEL reported extensively on the events surrounding the arrest of three Islamist terrorists in the so-called “Sauerland cell” in Germany, as well as the roles played by the CIA and the NSA in foiling the group, the US government complained several times about the magazine. In December 2007, US intelligence coordinator Mike McConnell personally raised the issue during a visit to Berlin. And when SPIEGEL reported during the summer of 2009, under the headline “Codename Domino,” that a group of al-Qaida supporters was believed to be heading for Europe, officials at the CIA seethed. The sourcing included a number of security agencies and even a piece of information supplied by the Americans. At the time, the station chief for Germany’s BND intelligence service stationed in Washington was summoned to CIA headquarters in Langley, Virginia.

The situation escalated in August 2010 after SPIEGEL, together with WikiLeaks, the Guardian and the New York Times, began exposing classified US Army reports from Afghanistan. That was followed three months later with the publication of the Iraq war logs based on US Army reports. And in November of that year, WikiLeaks, SPIEGEL and several international media reported how the US government thinks internally about the rest of the world on the basis of classified State Department cables. Pentagon officials at the time declared that WikiLeaks had “blood on its hands.” The Justice Department opened an investigation and seized data from Twitter accounts, e-mail exchanges and personal data from activists connected with the whistleblowing platform. The government then set up a Task Force with the involvement of the CIA and NSA.

Not even six months later, the CIA station chief requested to go on the walk in which he informed the intelligence coordinator about Vorbeck and harshly criticized SPIEGEL.

Digital Snooping

Not long later, a small circle inside the Chancellery began discussing how the CIA may have got ahold of the information. Essentially, two possibilities were conceivable: either through an informant or through surveillance of communications. But how likely is it that the CIA had managed to recruit a source in the Chancellery or on the editorial staff of SPIEGEL?

The more likely answer, members of the circle concluded, was that the information must have been the product of “SigInt,” signals intelligence — in other words, wiretapped communications. It seems fitting that during the summer of 2013, just prior to the scandal surrounding Edward Snowden and the documents he exposed pertaining to NSA spying, German government employees warned several SPIEGEL journalists that the Americans were eavesdropping on them.

At the end of June 2011, Heiss then flew to Washington. During a visit to CIA headquarters in Langley, the issue of the alleged contact with SPIEGEL was raised again. Chancellery staff noted the suspicion in a classified internal memo that explicitly names SPIEGEL.

One of the great ironies of the story is that contact with the media was one of Vorbeck’s job responsibilities. He often took part in background discussions with journalists and even represented the Chancellery at public events. “I had contact with journalists and made no secret about it,” Vorbeck told SPIEGEL. “I even received them in my office in the Chancellery. That was a known fact.” He has since hired a lawyer.

It remains unclear just who US intelligence originally had in its scopes. The question is also unlikely to be answered by the parliamentary investigative committee, because the US appears to have withheld this information from the Chancellery. Theoretically, at least, there are three possibilities: The Chancellery — at least in the person of Hans Josef Vorbeck. SPIEGEL journalists. Or blanket surveillance of Berlin’s entire government quarter. The NSA is capable of any of the three options. And it is important to note that each of these acts would represent a violation of German law.

Weak Arguments

So far, the Chancellery has barricaded itself behind the argument that the origin of the information had been too vague and abstract to act on. In addition, the tip had been given in confidentiality, meaning that neither Vorbeck nor SPIEGEL could be informed. But both are weak arguments, given that the CIA station chief’s allegations were directed precisely at SPIEGEL and Vorbeck and that the intelligence coordinator’s deputy would ultimately be sidelined as a result.

And even if you follow the logic that the tip wasn’t concrete enough, there is still one committee to whom the case should have been presented under German law: the Bundestag’s Parliamentary Control Panel, whose proceedings are classified and which is responsible for oversight of Germany’s intelligence services. The nine members of parliament on the panel are required to be informed about all intelligence events of “considerable importance.”

Members of parliament on the panel did indeed express considerable interest in the Vorbeck case. They learned in fall 2011 of his transfer, and wanted to know why “a reliable coordinator in the fight against terrorism would be shifted to a post like that, one who had delivered excellent work on the issue,” as then chairman of the panel, Social Demoratic Party politician Thomas Oppermann, criticized at the time.

But no word was mentioned about the reasons behind the transfer during a Nov. 9, 2011 meeting of the panel. Not a single word about the walk taken by the CIA chief of station. Not a word about the business trip to Washington taken by Günter Heiss afterward. And not a word about Vorbeck’s alleged contacts with SPIEGEL. Instead, the parliamentarians were told a myth — that the move had been made necessary by cutbacks. And also because he was needed to work on an historical appraisal of Germany’s foreign intelligence agency, the BND.

Deceiving Parliament

Officials in the Chancellery had decided to deceive parliament about the issue. And for a long time, it looked as though they would get away with it.

The appropriate way of dealing with the CIA’s incrimination would have been to transfer the case to the justice system. Public prosecutors would have been forced to follow up with two investigations: One to find out whether the CIA’s allegations against Vorbeck had been true — both to determine whether government secrets had been breached and out of the obligation to assist a longtime civil servant. It also would have had to probe suspicions that a foreign intelligence agency conducted espionage in the heart of the German capital.

That could, and should, have been the case. Instead, the Chancellery decided to go down the path of deception, scheming with an ally, all the while interpreting words like friendship and partnership in a highly arbitrary and scrupulous way.

Günter Heiss, who received the tip from the CIA station chief, is an experienced civil servant. In his earlier years, Heiss studied music. He would go on as a music instructor to teach a young Ursula von der Leyen (who is Germany’s defense minister today) how to play the piano. But then Heiss, a tall, slightly lanky man, switched professions and instead pursued a career in intelligence that would lead him to the top post in the Lower Saxony state branch of the Office for the Protection of the Constitution. Even back then, the Christian Democrat was already covering up the camera on his laptop screen with tape. At the very least “they” shouldn’t be able to see him, he said at the time, elaborating that the “they” he was referring to should not be interpreted as being the US intelligence services, but rather the other spies – “the Chinese” and, “in any case, the Russians.” For conservatives like Heiss, America, after all, is friendly territory.

‘Spying Among Friends Not Acceptable’

If there was suspicion in the summer of 2011 that the NSA was spying on a staff member at the Chancellery, it should have set off alarm bells within the German security apparatus. Both the Office for the Protection of the Constitution, which is responsible for counter-intelligence, and the Federal Office for Information Security should have been informed so that they could intervene. There also should have been discussions between the government ministers and the chancellor in order to raise government awareness about the issue. And, going by the maxim the chancellor would formulate two years later, Merkel should have had a word with the Americans along the lines of “Spying among friends is not acceptable.”

And against the media.

If it is true that a foreign intelligence agency spied on journalists as they conducted their reporting in Germany and then informed the Chancellery about it, then these actions would place a huge question mark over the notion of a free press in this country. Germany’s highest court ruled in 2007 that press freedom is a “constituent part of a free and democratic order.” The court held that reporting can no longer be considered free if it entails a risk that journalists will be spied on during their reporting and that the federal government will be informed of the people they speak to.

“Freedom of the press also offers protection from the intrusion of the state in the confidentiality of the editorial process as well as the relationship of confidentiality between the media and its informants,” the court wrote in its ruling. Freedom of the press also provides special protection to the “the secrecy of sources of information and the relationship of confidentiality between the press, including broadcasters, and the source.”

Criminalizing Journalism

But Karlsruhe isn’t Washington. And freedom of the press is not a value that gives American intelligence agencies pause. On the contrary, the Obama administration has gained a reputation for adamantly pursuing uncomfortable journalistic sources. It hasn’t even shied away from targeting American media giants.

In spring 2013, it became known that the US Department of Justice mandated the monitoring of 100 telephone numbers belonging to the news agency Associated Press. Based on the connections that had been tapped, AP was able to determine that the government likely was interested in determining the identity of an important informant. The source had revealed to AP reporters details of a CIA operation pertaining to an alleged plot to blow up a commercial jet.

The head of AP wasn’t the only one who found the mass surveillance of his employees to be an “unconstitutional act.” Even Republican Senators like John Boehner sharply criticized the government, pointing to press freedoms guaranteed by the Bill of Rights. “The First Amendment is first for a reason,” he said.

But the Justice Department is unimpressed by such formulations. New York Times reporter James Risen, a two-time Pulitzer Prize winner, was threatened with imprisonment for contempt of court in an effort to get him to turn over his sources — which he categorically refused to do for seven years. Ultimately, public pressure became too intense, leading Obama’s long-time Attorney General Eric Holder to announce last October that Risen would not be forced to testify.

The Justice Department was even more aggressive in its pursuit of James Rosen, the Washington bureau chief for TV broadcaster Fox. In May 2013, it was revealed that his telephone was bugged, his emails were read and his visits to the State Department were monitored. To obtain the necessary warrants, the Justice Department had labeled Rosen a “criminal co-conspirator.”

The strategy of criminalizing journalism has become something of a bad habit under Obama’s leadership, with his government pursuing non-traditional media, such as the whistleblower platform WikiLeaks, with particular aggression.

Bradley Manning, who supplied WikiLeaks with perhaps its most important data dump, was placed in solitary confinement and tormented with torture-like methods, as the United Nations noted critically. Manning is currently undergoing a gender transition and now calls herself Chelsea. In 2013, a military court sentenced Manning, who, among other things, publicized war crimes committed by the US in Iraq, to 35 years in prison.

In addition, a criminal investigation has been underway for at least the last five years into the platform’s operators, first and foremost its founder Julian Assange. For the past several years, a grand jury in Alexandria, Virginia has been working to determine if charges should be brought against the organization.

Clandestine Proceedings

The proceedings are hidden from the public, but the grand jury’s existence became apparent once it began to subpoena witnesses with connections to WikiLeaks and when the Justice Department sought to confiscate data belonging to people who worked with Assange. The US government, for example, demanded that Twitter hand over data pertaining to several people, including the Icelandic parliamentarian Brigitta Jonsdottir, who had worked with WikiLeaks on the production of a video. The short documentary is an exemplary piece of investigative journalism, showing how a group of civilians, including employees of the news agency Reuters, were shot and killed in Baghdad by an American Apache helicopter.

Computer security expert Jacob Appelbaum, who occasionally freelances for SPIEGEL, was also affected at the time. Furthermore, just last week he received material from Google showing that the company too had been forced by the US government to hand over information about him – for the time period from November 2009 until today. The order would seem to indicate that investigators were particularly interested in Appelbaum’s role in the publication of diplomatic dispatches by WikiLeaks.

Director of National Intelligence James Clapper has referred to journalists who worked with material provided by Edward Snowden has his “accomplices.” In the US, there are efforts underway to pass a law pertaining to so-called “media leaks.” Australia already passed one last year. Pursuant to the law, anyone who reveals details about secret service operations may be punished, including journalists.

Worries over ‘Grave Loss of Trust’

The German government isn’t too far from such positions either. That has become clear with its handling of the strictly classified list of “selectors,” which is held in the Chancellery. The list includes search terms that Germany’s foreign intelligence agency, the BND, used when monitoring telecommunications data on behalf of the NSA. The parliamentary investigative committee looking into NSA activity in Germany has thus far been denied access to the list. The Chancellery is concerned that allowing the committee to review the list could result in uncomfortable information making its way into the public.

That’s something Berlin would like to prevent. Despite an unending series of indignities visited upon Germany by US intelligence agencies, the German government continues to believe that it has a “special” relationship with its partners in America — and is apparently afraid of nothing so much as losing this partnership.

That, at least, seems to be the message of a five-page secret letter sent by Chancellery Chief of Staff Peter Altmaier, of Merkel’s Christian Democrats, to various parliamentary bodies charged with oversight. In the June 17 missive, Altmaier warns of a “grave loss of trust” should German lawmakers be given access to the list of NSA spying targets. Opposition parliamentarians have interpreted the letter as a “declaration of servility” to the US.

Altmaier refers in the letter to a declaration issued by the BND on April 30. It notes that the spying targets passed on by the NSA since 2005 include “European political personalities, agencies in EU member states, especially ministries and EU institutions, and representations of certain companies.” On the basis of this declaration, Altmaier writes, “the investigative committee can undertake its own analysis, even without knowing the individual selectors.”

Committee members have their doubts. They suspect that the BND already knew at the end of April what WikiLeaks has now released — with its revelations that the German Economics Ministry, Finance Ministry and Agriculture Ministry were all under the gaze of the NSA, among other targets. That would mean that the formulation in the BND declaration of April 30 was intentionally misleading. The Left Party and the Greens now intend to gain direct access to the selector list by way of a complaint to Germany’s Constitutional Court.

The government in Berlin would like to prevent exactly that. The fact that the US and German intelligence agencies shared selectors is “not a matter of course. Rather, it is a procedure that requires, and indicates, a special degree of trust,” Almaier writes. Should the government simply hand over the lists, Washington would see that as a “profound violation of confidentiality requirements.” One could expect, he writes, that the “US side would significantly restrict its cooperation on security issues, because it would no longer see its German partners as sufficiently trustworthy.”

Altmaier’s letter neglects to mention the myriad NSA violations committed against German interests, German citizens and German media.

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Shhh… US Government Hacks at OPM Exposed More Than 21Million People

It was much worse than previously reported: more than 21 million people were “swept up in a colossal breach of government computer systems that was far more damaging than initially thought”. Find out more from the New York Times.

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Shhh… XKEYSCORE – The NSA Insight Into Everything We Do Online

Glenn Greenwald and his colleagues at The Intercept has just released an extensive report on the NSA use of XKEYSCORE. And here’s a video on the same topic:

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Shhh… WikiLeaks: US Also Had a Decade-long Policy of Economic Espionage Against French Companies

(Above) photo credit: Focus

Assume this is no surprise to many? Following the recent WikiLeaks’ Espionnage Élysée exposé about the NSA spying on 3 French presidents, new WikiLeaks documents revealed how “the US has had a decade- long policy of economic espionage against France, including the interception of all French corporate contracts and negotiations valued at more than $200 million”.

“That covers not only all of France’s major companies, from BNP Paribas, AXA and Credit Agricole to Peugeot and Renault, Total and Orange, but it also affects the major French farming associations,” according to WikiLeaks founder Julian Assange.

“Central within the cache of documents are two long-term spying orders (“collection requirements”) which define the kinds of intelligence the NSA is tasked with collecting in its surveillance operations against France. The documents make clear that the NSA has been tasked with obtaining intelligence on all aspects of the French economy, from government policy, diplomacy, banking and participation in international bodies to infrastructural development, business practices and trade activities,” according to WikiLeaks.

Here’s a related story from Techcrunch:

New WikiLeaks Documents Reveal NSA Spied On Top French Companies

by Romain Dillet (@romaindillet)

Following last week’s eavesdropping reports, WikiLeaks shared new documents with Libération and Mediapart. This time, the new documents reveal that the NSA was spying on France’s best performing companies for economic intelligence purposes.

In addition to eavesdropping French Economy Ministers François Baroin and Pierre Moscovici between 2004 and 2012, the NSA gathered as much data as possible on big French companies. In particular, the agency wanted to know more about the companies that signed expensive export contracts for industrial goods, such as nuclear power plants, planes, high speed trains, etc.

According to an economic espionage order, the NSA intercepted all French corporate contracts and negotiations valued at more than $200 million in many different industries, such as telecommunications, electrical generation, gas, oil, nuclear and renewable energy, and environmental and healthcare technologies.

A second economic espionage order called “France: Economic Developments” shows that information was then shared with other U.S. agencies and secretaries, including the Secretary of Energy, the Secretary of Commerce, the Federal Reserve and the Secretary of Treasury. Eventually, this data could have been used to help sign export deals.

According to France’s IT security agency Anssi, the NSA could have spied on at least a hundred French companies, including most public CAC40 companies. Airbus filed a complaint for intelligence gathering earlier today.

The second document also states that the NSA could share this information with its closest allies — the U.K., Canada, New Zealand and Australia. It’s unclear whether the NSA is still actively spying on French companies. Today’s news is particularly interesting as it proves that the NSA is not only a geopolitical intelligence agency. It also plays an important role when it comes to economic intelligence.

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Shhh… French Asylum Offer to Snowden & Assange as Ultimate US Contempt

(Above) Photo credit: The Intercept

No surprise, that’s the ultimate official French reaction to the WikiLeaks’ Espionnage Élysée exposé on the NSA “unspeakable practice” earlier this week – check out The Intercept article below.

French Justice Minister Says Snowden and Assange Could Be Offered Asylum

By Jenna McLaughlin @JennaMC_Laugh

French Justice Minister Christiane Taubira thinks National Security Agency whistleblower Edward Snowden and WikiLeaks founder Julian Assange might be allowed to settle in France.

If France decides to offer them asylum, she would “absolutely not be surprised,” she told French news channel BFMTV on Thursday (translated from the French). She said it would be a “symbolic gesture.”

Taubira was asked about the NSA’s sweeping surveillance of three French presidents, disclosed by WikiLeaks this week, and called it an “unspeakable practice.”

Her comments echoed those in an editorial in France’s leftist newspaper Libération Thursday morning, which said giving Snowden asylum would be a “single gesture” that would send “a clear and useful message to Washington,” in response to the “contempt” the U.S. showed by spying on France’s president.

Snowden, who faces criminal espionage charges in the U.S., has found himself stranded in Moscow with temporary asylum as he awaits responses from two dozen countries where he’d like to live; and Assange is trapped inside the Ecuadorian Embassy in London to avoid extradition to Sweden. (See correction below.)

Taubira, the chief of France’s Ministry of Justice, holds the equivalent position of the attorney general in the United States. She has been described in the press as a “maverick,” targeting issues such as poverty and same-sex marriage, often inspiring anger among French right-wingers.

Taubira doesn’t actually have the power to offer asylum herself, however. She said in the interview that such a decision would be up to the French president, prime minister and foreign minister. And Taubira just last week threatened to quit her job unless French President François Hollande implemented her juvenile justice reforms.

Correction: Due to an editing error, an earlier version of this article improperly described the state of Assange’s case in Sweden and his reason for avoiding extradition. He has refused to go to Sweden, where he faces accusations of sexual assault, because he fears he could then be extradited to the United States.

(This post is from our blog: Unofficial Sources.)

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Shhh… French Former Foreign Minister Roland Dumas: Shocked But Not Surprised With NSA Eavesdrops on French Presidents

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Shhh… WikiLeaks’ “Espionnage Élysée” – François Hollande on Emergency Meeting Following Claims US Spied on 3 French Presidents

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Source for picture (above): WikiLeaks

Please refer to WikiLeaks for more details.

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Shhh… 2 Years Post-Snowden Review

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Shhh… Conspiracy Theories on Latest Snowden Claims?

The latest news on Snowden’s encrypted files being decoded by Russian and Chinese spies would surely do no good for the former NSA contractor but conspiracy theorists would certainly question not just the validity of these claims but the timing – consider recent attempts to restore NSA surveillance and let’s not forget how closely the the NSA works with its British counterparts GCHQ, or MI6 for that matter.