The bones of our democracy — the core elements that separate that way of life from others — lie in the First Amendment to the Constitution, specifically the rights to free speech and a free press.
Without the ability to speak freely, and to have things about our government reported equally freely to us, most of the rest of the concept of what was laid out on July 4, 1776 and later falls away. Thomas Jefferson himself stated that an “informed citizenry” was the key to everything.
So it is with more than a little anxiety that we learned secret rules allow the FBI to spy on journalists with such ease that the restraints are really nothing more than a bit of paperwork. As always, the ostensible justifications for another deep step into Post Constitutional America are terrorism, security, protecting the homeland. And, as always, the outcome seems to be much more about stomping out whistleblowers than anything else.
As revealed by an anonymous whistleblower to The Intercept (the government refused to release the information), secret rules allow FBI agents to obtain journalists’ phone records with approval from only two internal officials. No warrant needed. No outside oversight. No courts, no judges, no hearings, no public records.
The rules govern the FBI’s use of national security letters (NSL), which allow the bureau to obtain information about journalists’ calls without going to a judge or informing the news organization being targeted. National security letters are themselves an anti-Constitutional outgrowth of the Patriot Act and its successors. The letters allow the FBI and other law enforcement agencies conducting a national security investigation to demand access to information without a warrant, and, in most cases, prohibit the organization required to supply the information (for example, a library asked what books you read) from even acknowledging the request was made.
The FBI issued nearly 13,000 NSLs in 2015 alone. No one outside of government knows why they were issued, who was affected, and what information was gathered.
The FBI’s secret rules in the specific cases of whistleblowers and leaks only require an additional couple of internal signatures. In addition, the rules specify any extra oversight layers do not apply at all if the journalist is believed to be a spy or is part of a news organization “associated with a foreign intelligence service” or “otherwise acting on behalf of a foreign power.” That will easily rope in any national media service, and most likely is broad enough to pull in quasi-national media outlets like the BBC or Japan’s NHK. And once again, it is the FBI itself defining who is and who isn’t whatever it wants them to be.
In an era when our government conducts more and more of the “people’s business” in secret, the need for brave men and women to step and an provide information, and the need for brave journalists to report that information, is ever more urgent. Without men like Edward Snowden working with journalists, we would never have known the depths of the NSA’s spying, for example. And without the heroic efforts of the person who leaked these once secret FBI rules, we would never have known what new tools the government had granted itself to weaken the press freedoms that otherwise helped sustain this nation for centuries.
Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
Short answer: nobody knows, but the media is treating it as a fact based primarily on a single technical source employed by the Democratic National Committee. I read the source’s publically available explanation. Here’s what I found.
A Quick Taste of Media Conclusions
Despite a line in paragraph five saying “Proving the source of a cyberattack is notoriously difficult,” the New York Times offers the following statements.
— “researchers have concluded that the national committee was breached by two Russian intelligence agencies;”
— “Though a hacker claimed responsibility for giving the emails to WikiLeaks, the same agencies are the prime suspects;”
— “Whether the thefts were ordered by Mr. Putin, or just carried out by apparatchiks who thought they might please him, is anyone’s guess.”
— “It is unclear how WikiLeaks obtained the email trove. But the presumption is that the intelligence agencies turned it over, either directly or through an intermediary. Moreover, the timing of the release, between the end of the Republican convention and the beginning of the Democratic one, seems too well planned to be coincidental.”
There’s more, but you get the picture. The article also quotes Clinton staffers citing unnamed experts and researchers.
Who Are These Experts?
The only experts cited work for a company hired by the Democratic National Committee to investigate the hack. There is no indication of any neutral third party investigation. The company, Crowdstrike, issued a publicly available report on what they found.
The report title makes clear the company’s conclusion: Bears in the Midst: Intrusion into the Democratic National Committee.
What Does the Report Say?
The report has some technical explanations, but focuses on conclusions that seem to be at best presumptions, despite the media treating them as fact.
— The key presumptive conclusion seems to be that the sophistication of the hacks points to a nation-state actor. “Their tradecraft is superb, operational security second to none and the extensive usage of ‘living-off-the-land’ techniques enables them to easily bypass many security solutions they encounter. In particular, we identified advanced methods consistent with nation-state level capabilities.”
— The hackers, two separate entities Crowdstrike says worked independently, used techniques known to be used by Russians. Better yet, with no evidence at all presented, Crowdstrike concludes, “Both adversaries engage in extensive political and economic espionage for the benefit of the government of the Russian Federation and are believed to be closely linked to the Russian government’s powerful and highly capable intelligence services.” Also, for one of the alleged hackers, “Extensive targeting of defense ministries and other military victims has been observed, the profile of which closely mirrors the strategic interests of the Russian government.”
— By the end of the report Crowdstrike is just plain out called the hackers “Russian espionage groups.”
FYI: Fidelis, another cybersecurity company, was hired by Crowdstrike to review the findings. Fidelis worked exclusively and only with data provided by Crowdstrike (as did several other companies.) Fidelis They concluded the same two hackers, COZY BEAR and FANCY BEAR APT, committed the intrusion, but made no comments on whether those two were linked to the Russian government.
Um, Valid Conclusions?
Despite the citing with certainty of experts and researchers by the media and the Clinton campaign, the only such expert who has made any findings public has basically thrown out little more than a bunch of presumptions and unsubstantiated conclusions.
Left undiscussed are:
— the commonality of hackers using “false flags,” say where an Israeli hackers will purposely leave behind false clues to make it seem that a Hungarian did the work. As one commentator put it sarcastically “The malware was written in Russian? It was a Russian who attacked you.
Chinese characters in the code? You’ve been hacked by the Peoples Liberation Army.”
— the question of if the hackers were “Russians,” can anyone tie them to the Russian government? Joe Black Hat breaking into some system in Ireland may indeed be an American person, but it is quite a jump to claim he thus works for the American government.
— there is also a significant question of motive. For Putin to be the bad guy here, we have to believe that Putin wants Trump in power, bad enough to risk near-war with the U.S. if caught in the hack, and bad enough to really p.o. Clinton who will be nominated this week anyway, and hoping of course that evidence of dirty tricks by the DNC released in July will be enough to defeat her in November. That’s a real s-t-r-e-t-c-h, Sparky.
— other than those private persons who hack for their own entertainment or personal political beliefs, most work for money. They steal something and sell it. Information from the DNC system would find an easy buyer.
— Who might be intersted in buying these emails? Along the range of actors who would benefit from exposing these emails, why would the Russians come out on top? Perhaps the Republicans? China? Pretty much any of the many enemies the Clintons have amassed over the years? Hell, even Bernie Sanders, whose complaints about the DNC were validated by the email release. The suspects based on motive alone make up a very long list.
For some intelligent analysis suspicious that the DNC hack was a Russian intelligence job, try this.
For some more technical information on one of the alleged DNC infiltrators, here you go.
Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
The disclosures of dirty tricks directed against Bernie Sanders contained in those emails are startling, and only add to the whirlpool of corruption and sleaze surrounding Hillary Clinton and the wheezing corpse of the democratic process.
There’s a lot to unpack here:
— The same people on the Clinton team who made enormous efforts to claim her private email server, which operated unencrypted over the Internet for three months including during trips to China and Russia and which contained Top Secret national security data, was not hacked by the Russians now are certain that the DNC server was hacked by the Russians.
— Many in Camp Clinton and the media labeled Bernie Sanders’ supporters are paranoid when they made claims during the primaries that the DNC was working against them. The hacked emails confirm the DNC was working against them, including suggestions that the DNC find ways to suggest Sanders was an atheist to discredit him in religious areas.
— Persons who claimed many in the media, including CNN, were biased in favor of the Clinton campaign during the primaries were dismissed. The hacked emails confirm the DNC was working closely with the media to seek negative coverage of Sanders and positive coverage of Clinton.
— Politico now admits it was a “mistake” sending the DNC an article draft in advance. The writer showed the draft to the DNC even before his own editors saw it.
— Facebook admits to blocking Wikileaks links to the DNC email hack from its newsfeeds (but blames spam filters.)
— The DNC appears to have expended significantly more efforts toward defeating Bernie Sanders than they did against any of the Republican candidates.
And some more:
— Instead of focusing on the contents of the hacked emails and the dirty tricks they exposed, many mainstream media outlets headlined instead the Clinton campaign talking points that the Russians hacked the emails and released them in an effort to derail her candidacy in favor of Donald Trump. Many of the same stories suggest Trump is some sort of pro-Putin stooge.
— On 60 Minutes, Clinton refused to say intervention by the DNC to favor one candidate was “improper.” Her non-answer was edited out of the interview broadcast.
— After DNC chair Debbie Wasserman Schultz announced her resignation following this week’s Democratic convention, the Clinton campaign announced Wasserman Schultz would be hired by them as “honorary chair of Hillary’s campaign’s 50-state program to elect Democrats in every part of the country, and as a surrogate for her campaign nationally.”
— Debbie Wasserman Schultz will be replaced as DNC chair by (only now former) CNN commentator Donna Brazile. Brazile argued the pro-Clinton side of debates on CNN throughout the primary season.
— In the hacked emails, Brazile said “I will cuss out the Sanders camp!” over complaints by Sanders of inadequate representation by the DNC. In March while still employed by CNN, Brazile called Sanders’ decision to run as a Democract for the additional media exposure “extremely disgraceful.”
And very sadly:
— Bernie Sanders, his campaign sabotaged by the DNC with what were once “paranoid” accusations now proved, still endorses Hillary Clinton and will still speak at the Democratic National Convention.
It pains me to say as his once-supporter that the man has no courage. Even Ted Cruz stood up for himself in front of the Republicans in Cleveland. It is a sad day when we learn Ted Cruz has more balls than Bernie Sanders.
Those who are calling all this a coup of sorts, they’re wrong. It’s a surrender. But in the words of Hillary Clinton, what difference does it make?
Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
In another step towards the fascist state Donald Trump has warm dreams envisioning, FBI agents and Cleveland police officers “visited” the homes of local activists in an attempt to gather intelligence on possible planned demonstrations surrounding the Republican National Convention. Such actions step over the line of information gathering into the realm of seeking to chill free speech.
Activists said they viewed the visits as intimidating. A spokeswoman for the local branch of the FBI acknowledged only that “community outreach” took place as law enforcement officials try to ensure the GOP convention is a “safe and secure” event. During their visits, officials asked activists about past addresses, political and social affiliations, and plans for the RNC. The questions appear on their face of dubious constitutionality.
A spokesperson for the National Lawyer’s Guild, a group prepared to defend those arrested for exercising their First Amendment rights outside the convention, first reported the visits by teams of federal and local law enforcement officials.
Some of the activists are involved with groups planning RNC demonstrations, while some aren’t, the spokesperson said. She also said that some of the people who were visited were among the 71 people who were arrested in May 2015 in the aftermath of protests that broke out following the acquittal of Michael Brelo, a then-Cleveland police officer who had been charged with voluntary manslaughter in connection with the 2013 shooting deaths of two Cleveland motorists following a police chase.
The FBI and police made no attempts to hide what they were doing; in fact, quite the opposite.
For example, in a June 8 public hearing, Deputy Police Chief Ed Tomba told members of City Council’s public safety committee that Cleveland police have “a real, real good idea of who we think is coming here and what their objectives are. And if we can deter those objectives, that’s what we’re going to do.”
Cleveland purchased a $10 million “protest insurance” policy to protect against civil rights lawsuits resulting from the convention.
Once upon a time, all of America was a First Amendment Zone. That’s now as dead as Alexander Hamilton.
The city of Cleveland revealed part of its security plan for the
Nuremberg rally Republican National Convention. Securing the convention will require a heavily policed, fenced off 3.3 square-mile First Amendment Zone. A fun fact is that the First Amendment Zone is about the same size as Baghdad’s Green Zone.
(Pictured above is the free speech zone from the 2012 Democratic Convention)
The Zone concept in Cleveland is to ensure that the people’s rights to free speech are “preserved,” only someplace far enough away that no one can hear them, and surrounded by police so that the speech stays in line.
The ACLU of Ohio filed a lawsuit to change or block the Zone; the result was only a slight enlargement of the area allotted.
“What the city has done here is draw a gigantic blanket area that covers most of downtown Cleveland,” says Elizabeth Bonham, staff attorney for the American Civil Liberties Union of Ohio. “When the government takes the extreme step of limiting speech and assembly in any way, the burden is on them to justify that those restrictions are reasonable.”
Access into the Cleveland Zone will be controlled by law enforcement, who also will regulate protests and other activity (no details available on what that means; I guess people will need to experiment with what free speech will get them Tasered.) No tennis balls, baseballs, umbrellas with metal tips, ladders, sticks, poles, strollers, flashlights, balloons (?) or bike locks will be allowed. The Zone will be overseen by the Cleveland police, the FBI, FEMA, and the U.S. Secret Service.
Cleveland mayor Frank Jackson has said the Zone and other crowd control measures are “an attempt to balance between safety, security and constitutional rights of people and ensure we have a successful convention.”
Ah yes, the old standby of “balancing” security and inalienable rights. Gotta love that. Now let’s go bust some hippie heads!
BONUS: The use of First Amendment Zones is Constitutional under many circumstances. The Supreme Court, via Ward v. Rock Against Racism, developed a four-part analysis to evaluate the constitutionality of time, place and manner (TPM) restrictions. To pass muster under the First Amendment, TPM restrictions must be neutral with respect to content, narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. The test case had to do with a concert that people nearby felt was too loud, and has been expanded to cover the use of First Amendment Zones.
A guy who wasn’t feeling the patriotism decided to burn an American flag and tell the world about it on Facebook — only to get arrested the next day after neighbors complained.
Bryton Mellott, 22-years-old, of Urbana, Illinois, was taken into custody after police received calls about his Facebook posts, which included a picture of him setting the Stars and Stripes on fire (above) and a message explaining that he was “not proud to be an American. In this moment, being proud of my country is to ignore the atrocities committed against people of color, people living in poverty, people who identify as women, and against my own queer community on a daily basis.”
Despite a very clear 1989 Supreme Court ruling (Texas v. Johnson) affirming that flag burning is a form of political speech fully protected by the First Amendment, cops charged Mellott under Illinois’ flag desecration statute, a law written years before the Supreme Court ruling and which is now unconstitutional.
Sergeant Andrew Charles of the Urbana Police Department said his town had never charged anyone under that law in 27 years, but that police proceeded with the arrest out of an attempt to “balance civil liberties with issues of safety.”
He never explained what safety was involved, how any safety issues might have been resolved by the arrest or why no one in Urbana has kept up with the Constitution, which is online.
The state’s attorney assigned to the case immediately decided not to proceed with a prosecution. No penalties for the cops, however!
Federal Bureau of Investigation director James Comey announced that his agency is recommending no charges against Hillary Clinton for her use of an unclassified personal email server while secretary of state. Comey offered that “no reasonable prosecutor” would bring a case against Clinton.
The implications of these statements, and what happened before and after the announcement, represent what most likely represent the virtual end of the 2016 election cycle. Come November votes will be counted but the single, major, unresolved issue standing in the shadows behind Clinton is now resolved in her favor.
The director of the FBI labeled the leading contender for the presidency and her staff as “extremely careless” in their use of email, and this is generally seen as positive news by her supporters, the new standard now being not under indictment. Comey also stated that some 110 emails were classified ( at least 24 as Top Secret; one was found to be marked classified on Clinton’s server) when they were transmitted and received, an action that appears to be now inconsequential under national security laws. A New York Times tally found more than 2,000 classified emails.
There was no electronic connection between the Federal government’s classified systems and Clinton’s unclassified server. This indicates that on 110 separate occasions Clinton and/or one of her correspondents retyped information from a classified format. This means any classified markings (i.e., “Top Secret”) were removed in the process. “This classified information never should have been transmitted via an unclassified personal system,” Steve Linick, the State Department inspector general, said in a statement signed by him and I. Charles McCullough III, the inspector general for the intelligence community.
The Inspectors General for the Intelligence Community have stated that some of the classified documents were marked at the highest levels to protect sources and methods used to spy on North Korea via satellite. Emails contained the names of CIA officials. There is no evidence, nor did Comey suggest, that these actions were inadvertent, accidental, occasional, incidental, or other than intentional. It was Clinton’s decision to create the email system that allowed these events to take place. Clinton herself, given her decades of experience in government, clearly could recognize highly classified material, marked or unmarked. Standard Form 312, signed by Clinton and every other security clearance holder in the government, specifically notes that the laws apply to both marked and unmarked classified material. The legality of retroactive classification has been tested at the level of the Supreme Court.)
While Director Comey maintains there was no intent, or gross negligence, by Clinton to violate the law, it is difficult to reconcile those actions and that statement.
Hillary Clinton’s earliest statements, that no classified information traversed her server, later changed to “no marked” classified information (the statement itself irrelevant) did not appear to be addressed by the FBI in the context of perjury or obstruction. In addition, Josh Rogin of the Washington Post reports Clinton’s lawyers deleted all e-mails they did not produce to the State Department and then cleaned devices in such a way to preclude forensic recovery.
The standards applied in the Clinton case are at extreme variance from how classified information violations elsewhere in the government are applied. Space precludes listing examples in detail, but the cases of CIA officer John Kiriakou (served three years in Federal prison for exposing a single, unmarked unclassified business card with the name of a CIA employee) and TSA air marshall Robert Maclean (fired for exposing a text retroactively classified) stand out. Even David Petraeus, who transmitted classified information via his Gmail account to his mistress, received some minor legal punishment and was forced to resign.
There is simply no precedent to the Clinton decision. One wonders if the millions of U.S. government civil employees, military personnel, and contractors will be held to what appear to be lesser standards than previously held. That certainly wasn’t the case of Marine Major Jason Brezler, who shared classified information with colleagues in Afghanistan in to warn them about a Taliban conspirator, and was forced out of the service in response.
Director Comey spoke broadly. He did not, for example, directly address the 18 USC 1924, which states “Whoever… becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.” This is the statute under which David Petraeus was prosecuted. It is difficult to reconcile the text of that law with the fact that classified documents resided on a server (for part of the time) at a private company, connected to the internet. A private SPAM filtering service apparently also had access to the classified emails.
An important issue not addressed by the FBI is the effect Clinton’s actions had on the Freedom of Information Act.
During her entire tenure as Secretary of State and for some time afterwards, State maintained it had no email records to produce in response to requests. Those statements — while technically true in that State did not control and could not search Clinton’s personal server — blocked journalists, activists, citizens, and for a time, Congress, from documents they were lawfully entitled to. The State Department says it will now require 75 years to release all of the documents currently under request.
The State Department’s own Inspector General found these actions to be in contravention of the Federal Records Act, and presents what might be seen as chilling preview of press relations and the public’s right to know for the next four years.
In addition, Clinton deleted about half of the emails from her personal server without oversight. It is unclear whether or not any of those would have been responsive to Freedom of Information Act requests, or contained additional classified information. The FBI did say emails it found in others’ Inboxes, ones not turned over by Clinton, the State Department, were work related. Clinton had previously claimed she turned over all work-related emails.
In the Clinton case, we are also left with unanswered questions about the timeline of events. Bill Clinton met with Attorney General Loretta Lynch on June 28, according to both, to make small talk about grandchildren. On July 1 Lynch announced she would accept Director Comey’s recommendation on the email case. On July 2 the FBI interviewed Clinton for several hours. On June 3, the New York times stated Clinton is considering keeping Lynch in her administration if she wins in November. On July 5 President Barack Obama and Hillary Clinton flew together on Air Force One to their first scheduled campaign. Only hours later Comey made his announcement, meaning that whatever Clinton said on Sunday was evaluated and processed in less than two days following a year of active investigation. The appearance of impropriety alone remains damaging to the image of our nation.
Few believed, right or wrong, that Hillary Clinton would face criminal charges over her handling of classified material. Yet the many unanswered questions and issues not addressed by the Federal Bureau of Investigation remain. It seems unlikely that even if the majority of voters in November see the issue put to rest, that Republicans in Congress will feel the same come January.
Have a look at Reuters.com to see what I have to say!
Here’s where things stand.
The only mainstream candidate in recent decades to come along with new ideas, a model of not accepting big money with strings attached, and willing to address the critical issues in America of economic inequality and lack of health care for many, is done.
Unless Lin-Manuel Miranda does a musical of his life, Bernie’s just a footnote in the history books. But the stigma that he won via a set of tricks to include the “superdelegate system,” some election fraud, and overt partisanship by the Democratic National Committee and much of the media, never mind what Obama does with the FBI report into her mishandling of classified information, lingers like the smell of ripe sh*t in a stadium toilet.
The Republican candidate pulled in a helluva lotta votes via old-fashioned demagoguery, modern racism, and some clever Tweets. Trump is running strong in swing states like Ohio and Pennsylvania. But his own party hates him, many refuse to endorse him, a lot of people are hoping he self-destructs, and many more want some magic process to replace him with one of the “good Republicans” who already failed in the primaries.
And then Hillary. She has famously high negatives, is distrusted by a vast number of Americans, believed to be an actual criminal by large numbers, and has yet to answer for her emails and her corrupt Clinton Foundation. She is the textbook case of big money, big donor politics, and a lifetime Washington insider. Republican hatred for her assures Congress will do as little as possible for any agenda she puts forward if elected, assuming she has one other than to immediately start her campaign for a second term while further enriching herself.
That all adds up to a miserable picture of America in 2016. We have a reality TV star and real estate developer running against the only candidate in American history seeking the White House while under an active FBI criminal investigation.
What’s a voter with still intact critical thinking skills to do? Fall victim to the emerging meme of both candidates, vote for the lesser of two evils, pick me or you’ll get the other one? Are we really supposed to participate in an electoral process that is subtitled “Pick the One That Sucks a Little Less?”
No. Let the whole damn thing burn down and collapse.
Let Trump/Clinton take us into as many wars as they hope to, bleed our youth and our treasury dry. Stand back as three military personnel a day commit suicide. Fight the Russians, ISIS, the Chinese, militarize Africa like 21st century colonialists, set up more secret prisons, expand Guantanamo, torture, hell, rape the families of “terrorists” in front of them to force confessions on anything and everything and then use that info for a new war. Fake WMDs in Iraq? That was amateur work.
Let them concentrate more and more wealth into a tiny group, such that the concept of the “One Percent” is quaint; let it be the .01 percent. Let them deliver cash and gold directly to the front door of the White House and stop pretending such things are “contributions.” Let people go hungry, make higher education only for the rich or those stupid enough to take on a lifetime of student loan debt. Watch people suffer from lack of basic health care. Stop wasting money on infrastructure that wealthy people never use anyway. Thin out the herd with lead-soaked water.
Throw up billboards reminding everyone that the NSA is spying on everything they do, and make kids rat out their parents who smoke weed. Unleash the drones over America and stop wasting money “prosecuting” American terrorists. Keep the prisons looking like plantations.
And then stand back and watch it all burn down. Turn us loose to eat each other. Make us fight for scraps and scavenge trash piles. If anything is left after all that, then maybe we can try again. If not, we should all just smile and welcome Chelsea Clinton to the White House in 2024.
The web’s biggest content providers have started using automation to remove “extremist propaganda” videos from their sites.
YouTube (owned by Google) and Facebook are among the sites deploying systems to block or rapidly take down Islamic State videos and other similar material, sources said, though no company would confirm the action.
The technology employed was originally developed to remove copyright-protected content on video sites. It looks for “hashes,” unique digital fingerprints that Internet companies automatically assign to specific videos, allowing all content with matching fingerprints to be removed rapidly. Someone finds an offensive video, tags it, and then searches find other copies across the Internet.
Newly posted videos would be checked against a database of banned content to identify unauthorized information.
The system was kicked off in late April, amid pressure from an Obama White House concerned about online radicalization. Internet companies held a conference call to discuss options, including use of a content-blocking system put forward by the private Counter Extremism Project, a nonprofit controlled in part by George W. Bush Homeland Security Advisor Frances Townsend.
Get it yet?
Government and private industry will decide what content you (as well as journalists and academics) may see on the Internet. What is and is not allowable will be decided by a closed process, and will be automated. A database will be drawn upon for decision making.
Databases and tagging can be hacked/manipulated, perhaps by governmental intelligence organizations, maybe some bad guys, hell, even by advertisers to control what is available to you online.
Since content removed equals content prohibited, you’ll never know what you can’t see. The obvious slippery slope is in decisions about what is “extremist” and what is legitimate free, political speech that, while offensive, has a right to be heard and a place in the market of ideas.
So how about blocking all videos of police violence during say a Ferguson/Baltimore scenario, so as not to “inflame” a situation?
And even if Government A plays nicely, Government B may not, and dictatorships and oligarchies will have a new tool for repression. In the same way Western companies are forced now by China, for example, to adjust content, they will likely be forced to add things to the no-fly database of ideas. Corporations will be in a position to censor things on behalf of governments.
Via the Edward Snowden documents, we already know that many tech companies cooperate directly with the NSA and others, either voluntarily, or under pressure from secret national security practices and laws. It is not a matter of “it can happen here,” but one of “it is already happening here.”
But, some will say, Google, et al, are private companies. They can do what they want with their businesses, and you don’t have to use them.
Certain private businesses, such as power companies and transportation providers, have become clearly so much a part of society that they indeed can’t just do what they want. They become public utilities, and there is no doubt that organizations like Google are squarely in the category.
Lastly, for those who prefer dictionary things, do check up on the definition of true fascism: a collusion between government and industry.
Now this is one way to stop terrorism, particularly the funding of ISIS. Did the United States clamp down on Saudi Arabia funneling millions to ISIS and other Sunni terror groups? Use American military power to stop the illegal weapons trade to ISIS? Bomb the hell out of the oil wells and transit systems ISIS uses to raise hard currency?
Hell no. The government of the United States used its full resources to steal $42 from some drunk dude who wrote “ISIS Beer Funds!!!” in the memo field on Venmo when he tried to pay back his buddy for a night out.
Hipster dude Ben told Ars Technica his story:
Telling a friend you’re paying him back for “ISIS beer funds!!!” is not a particularly good joke. I knew this as I was typing it at 2am on a Sunday, but what I did not know is that it’s an even worse joke on Venmo because the federal government will detain your $42.
Almost immediately after I hit send, Venmo — you know, the app that allows people to send money to each other via their phones — blasted an e-mail into my inbox. The company wanted to “better understand a recent payment,” specifically:
On 02/21/16, you sent a payment for the amount of $42.00 for, “ISIS beer funds!!!” We’re trying to understand your reference to “ISIS,” the purpose of this payment, including a detailed explanation of what you intended to pay for and the establishment/location, if applicable.
Dude Ben, perhaps floating on $42 worth of brewskis, doubled down for the fun, replying:
“ISIS beer funds!!!” when more accurately it could be described as “it is beer funds!!!” The $42 was payment to a dear friend for two pitchers of Samuel Adams Boston Lager, minus his serving plus tip to the waitress, at the Slaughtered Lamb Pub (a much friendlier establishment than the name would suggest!) in a somewhat “hip” part of New York City’s West Village. Thank you for your query, and if you have any further questions, it is possible to reach me at this e-mail address.
Venmo didn’t buy it. “Unfortunately,” wrote someone who signed the e-mail as Heather, “due to OFAC regulations, we are not allowed to give the funds back to you or issue a refund.”
OFAC is the U.S. Treasury Department’s Office of Foreign Assets Control, the part of the Federal government that is supposed to stop billions in drug and terror money from being transhipped through a false account in Panama to an Internet cafe in Damascus. You would certainly think they would have other things to worry about than $42 in a bar in New York, but you would be wrong.
Our Ben is presently filling out forms for OFAC trying to get his $42 back. One hopes he has learned his lesson — never fund terrorism while drunk.
BONUS: Here’s a guy whose check to his dog walker was stopped because he wrote the dog’s name, Dash, in the memo field, which the Fed thugs read as Daesh, one Arabic term for ISIS.
The State Department this week, apparently with a straight face, defended its claim that releasing all the emails sought by the Republican National Committee (RNC) would take 75 years.
“It’s not an outlandish estimation, believe it or not,” spokesman Mark Toner told reporters. “It’s an enormous amount of FOIA [Freedom of Information Act] requests,” he added. “Very broad and very complex.”
The RNC has sued the State Department seeking all emails to or from Clinton’s former chief of staff, Cheryl Mills, senior adviser Jacob Sullivan and undersecretary for management Patrick Kennedy from 2009 to 2013. The State Department has claimed that the result would yield roughly 1.5 million pages of documents that it and other federal agencies would need to go through page by page.
The Department claimed in a court filing last week trying to kill the RNC lawsuit that the emails are “complex” and include “classified documents and interagency communications that could have to be referred to other agencies for their review.”
Because the State Department expected that it could process roughly 500 pages per month, processing all 450,000 pages would take 900 months, or 75 years.
— If Clinton had not used her private server while in office, any FOIA requests for her documents would have been processed all along from 2009 forward, instead of being clumped into a huge pile just months before the election. If blocking FOIA was indeed her goal (it was), she did an excellent job.
— Also, that bit about “classified documents and interagency communications that could have to be referred to other agencies for their review” is kinda noteworthy given that any emails to and from Clinton traveled via unclassified means. But whatever.
— Lastly, it is sort of quaint that State’s estimated processing time seems based on the assumption that however many people are now working on the FOIA review will not increase despite increased demand and despite the delays being caused by Clinton’s own decision to not use official email.
I gotta say, State is really betting the farm, the cow and the corn on this one, hoping Clinton is elected and that most of this will just fade away, or really be sucked down a 75 year long tunnel as the Republicans hold hearings until the end of time. Because a Republican administration would basically at this point gut the State Department and turn the main building into a Trump mini-mall.
But wait, seriously, 75 years? How the hell can a spokesperson say those things without a room full of reporters throwing their pens at him?
BONUS: But it’s just a fishing expedition, says every Hillary supporter. To which one must consider saying, f*ck you. The Freedom of Information Act requires the government to turn over records for whatever purpose. There is no part of the Act that allows anyone to judge the reason for the request, so just go away and shut up, because you’ll vote for her even if she skins a puppy alive on the Jimmy Fallon show. The rest of us still are in possession of our critical thinking skills for the time being.
Graphic courtesy of friend of the blog Mac Beaulieu
If not Donald, someone else would be Trump. America has been waiting for him.
Trump is a racist, who feeds back to angry white America what it wants to believe, that its problems are the cause of Blacks, Latinos, women, immigrants and fill in the blank _____ and not related to a broad reorganization of American society into a tiny one percent of controlling wealth holders and everyone else. Trump’s supporters want to think those groups rose up to take their jobs, but instead do not realize they themselves were just pushed down into the same ranks America’s traditional oppressed occupy. Trump tells them they are victims of an unfair world, ironically true in a way that must make him snigger off stage.
Trump is a fascist, who promotes an America at war with anyone who challenges its self-image. For the past 15 years politicians and media have fed the raw meat of revenge to Americans, so it should be no surprise that Trump’s shouts to invade and bomb and torture are so enthusiastically received (some may argue, and it is not a tough argument to make, that such war fever has been fanned from the day WWII ended and the war on terror is just the continuation of the war on communism.)
Trump is a bully, literally making calling others names a cornerstone of his public discourse. The coarsening of American public life has been a steady factor in our lifetimes, beginning perhaps with Bill Clinton, whose ideas of how to act in the nation’s highest office made it a daily occurrence to hear the term oral sex on TV news. After calling the president a whoremonger, it is a straight shot to Little Mario. And of course, don’t the guys on late night TV use funny names for politicians anyway? And now the Democrats have picked it up, making up names like “Dangerous Donald.”
Trump is an opportunist, knowing that social issues such as gun control bring in the crowds (no one is going to repeal the Second Amendment) while mattering not a whit to the world he and the other power brokers care about. What is really important is maintaining the military industrial complex and being able to manipulate the tax/economic/investment systems. In their minds, only stupid poor people worry about guns, gays, transgender toilets and the like, so feed them that as a distraction. We don’t need bread and circuses, we have a world of right wing talk radio that makes Fox look middle-of-the-road.
Welcome to Weimar: America is Now Ready for Trump
Others have tried to be Trump and failed. Nixon had most of the pieces in place, but fell victim to a media that still cared back then to do its job. That’s no longer a problem.
Reagan came very close and set much in motion, but had America’s reliable Russian enemy pulled out from under him and could never get up enough fear over his signature wars in Central America. The various evangelistic candidates of the 80s and 90s also tried hard, but most fell victim to sex and money scandals.
In 2016, America was ready for its little Hitler.
The Bush years weakened the institutions of America (the press in particular; how’d that Iraq thing go? Ready to condemn torture yet? You guys realize more Americans get their news from TV comedians now than newspapers, right?)
The Republican party, by pushing forward Caligula’s horse in the form of Sarah Palin, laid bare its contempt for the electorate.
Obama, full of pretty words, cynically picked up his office and that Nobel while twisting the knife into the corpse of democracy with drones.
The Congress threw away its Constitutional role and empowered a strong man executive because it could not agree on anything else.
The 24/7 news cycle, which meant Americans were never without fear being thrust into their faces, combined with the “see something, say something” report-your-neighbors mentality and insured a population ripe for exploitation.
The one percent nailed things after the 2008 economic crisis (Throw them in jail? They got the government to pay off their financial malfeasance for them), pretty much ensuring their hold forever on power, even as we down here argue over what level of poverty a minimum wage should allow us.
A Man of His Time
Trump sensed all this perhaps without even understanding it, like a predator catches a scent and knows it’s dinner. He added in his own amazing media skills. He realized he could say anything, and contradict himself from speech to speech. The media and public certainly wouldn’t care, they’d encourage it as entertainment. And of course if neither your public nor your journalists know any history, then you can lie to them to your heart’s content.
All that said, no one should count Hillary out; she is armed with her own skills at manipulation, and has powerful backers. She indeed may end up as president. But that only means the next iteration of Trump, whoever he or she is, waits a bit longer. The broader processes of history, in this case the sad end of our democratic experiment, can be delayed but not denied.
After all, Germany wasn’t built in a day.
The Internet is a blunt weapon, so a few things: I do not support Trump in any way, and I am writing to understand his rise, not to agree with it. Any references to Hitler are not to create a direct Trump = Hitler meme, but to illustrate how processes of history work. Now relax, and enjoy the show.
In a statement I never expected to see in print, half of voters said in a survey a presidential candidate should continue to run for America’s highest office even if she is indicted for national security crimes.
For those who want historical markers to look back on, charting decline in civilization and deviations from reality, well, there’s a good one.
The latest Rasmussen Reports survey, taken in late May, finds most voters (65%) believe Hillary Clinton is a lawbreaker, but half of all voters also say a felony indictment shouldn’t stop her campaign for the presidency.
Among Democratic voters, 71% believe Clinton should keep running even under indictment. Nearly half say it will have no impact on their vote. It is unclear that, in theory, that any of those surveyed understand a candidate indicted in the fall of 2016 could face trial/impeachment while in office in 2017.
Those surveyed are saying that even if the FBI releases a report saying their lengthy investigation shows there is enough evidence to bring Clinton before a grand jury, that does not matter to them.
In what I hope is a statistical anomaly, eight percent say indictment makes them more likely to vote for the former first lady.
Just to make this as clear as possible, Hillary Clinton is the only presidential candidate in the history of the United States to be running while under an FBI investigation for national security crimes that could reach as high as the Espionage Act. About 65% of American voters already believe she broke laws, ahead of the FBI results and when asked before the State Department Inspector General’s report was released.
But they’ll vote for her anyway. I am rarely at a loss for words, but this time I just don’t know what to say anymore.
Last week the State Department revealed that an unknown official within its public affairs office ordered the scrubbing of roughly eight minutes from a video of a State press briefing, which included a discussion about negotiations related to the Iran nuclear deal.
In the deleted portion, then-spokesperson Jen Psaki (above) was asked whether her predecessor lied when she said secret bilateral talks with Iran had not yet begun, when later U.S. officials said they were already ongoing at that point.
A few days later, after the news broke of the deletion, Secretary of State John Kerry said that whoever called for deleting the several minutes of video was being “stupid, clumsy and inappropriate.” Kerry emphasized that he intends to find out who was responsible, adding that he didn’t want someone like that working for him.
No One is Responsible
However, on the same day Kerry issued his intention to find the responsible person, the current State Department spokesperson Mark Toner said the investigation to determine who ordered portions deleted from a video was over.
“We believe we have conducted an inquiry into this incident,” Toner told reporters. “We have exhausted our efforts to look into the incident and responsibility.”
According to State, the investigation learned that the technician who made the cut from the YouTube video did so on orders from someone in the public affairs office, but that no one remembered who. Despite no one remembering who gave the order, State was clear that its investigation ruled out former spokeswoman Jen Psaki.
Toner also added in his briefing to reporters that there was no rule or regulation barring such editing, and it was thus allowed. Toner’s statement mirrors almost exactly the language Hillary Clinton has used to justify her use of a private email server while Secretary of State.
When the editing was first uncovered by a journalist at Fox News, the State Department blamed the missing minutes on a technical “glitch.”
Anything Familiar Here?
We have become all-too-used to government lies; they are now expected and quickly dismissed as business as usual. Still, State’s actions deserve special note for their utter contemptuous nature.
To begin, the deletion was actually not that big of a deal. The statements cut out were made in 2013, and the video itself was buried on YouTube. The events have passed, and the false statement could have easily be brushed away as necessary during secret negotiations. In the broad scope of things, they really didn’t matter, yet State felt compelled to hide them anyway. Even the hiding was crude, a simple edit of an event witnessed by a room full of journalists. Not exactly subterfuge.
That contempt was carried forward into 2016, when State tried to blow the whole affair off by claiming it was a technical glitch. When they got caught in the lie, the next step was a faux-investigation that revealed nothing, except to purport to clear the senior person involved in the mess and the one who presumably had the most to gain from the deletion (Psaki now works in the White House.)
The State Department then doubled-down with new lies, allowing Secretary Kerry to demand resolution while simultaneously announcing the issue is closed and no further “resolution” is going to happen, absent a Congressional inquiry that will no doubt be stymied by slow responses from State and cries that it is all just another political attack by the Republicans.
Any of this sound familiar?
BONUS: The White House was also caught this week deleting an embarrassing line from the official transcript of a press briefing on the same topic. Probably just a coincidence…
The State Department Inspector General’s (IG) investigation report leaked out a day early on May 25 makes a number of significant points. These matter, and need to be considered by anyone voting in November.
What’s in the IG Report
— Neither Clinton nor any of her senior staff would participate in the IG’s investigation.
— Clinton never sought approval, legal or technical, for her unprecedented private email system.
— IT staffers and others at State warned her against it.
— Had she sought approval, the State Department would not have granted it.
— Clinton violated Federal Records laws.
— Clinton did not turn over all of her work-related emails. Several (unclassified) were quoted in the IG report that had never been released.
— Clinton violated State Department policies and guidelines in place at the time, even as the State Department enforced those on the rank-and-file.
— IT staff at the State Department who raised concerns internally were falsely told the server was approved and ordered to not discuss it further.
— Clinton’s use of a non-standard email account caused many of her emails to not reach their recipients inside State, and ended up instead in Spam.
— State Department staffers not in Clinton’s inner circle aware of her private email address could not communicate with the head of their agency.
— His State Department bosses did not know their employee, Bryan Pagliano, was simultaneously working directly for Clinton maintaining her private server.
— The server came under severe enough hacker attacks that its administrator had to physically unplug it to prevent intrusions.
The question of classified material handling is, by agreement, being left by State to the FBI, and is thus not addressed in the IG report.
All of that is in the report. I’ve read the whole thing, and if you do not believe my summary, above, or wonder what specific laws and regulations are being cited, you can also read the whole thing and learn for yourself.
— For the first time, a set of actual facts of Clinton’s actions and decisions have been laid out by an independent, government entity. The IG was appointed by Obama and his report is dispassionate. No one can realistically claim this is a hit job. Sources are cited and laws footnoted.
— Clinton did break Federal Records laws and violate State Department regulations that her organization held others to.
— Despite repeated promises of transparency and cooperation, neither Hillary nor any of her senior staff would agree to participate in the IG’s investigation. Former Sectaries of State Condoleezza Rice, Colin Powell and Madeleine Albright did participate fully and voluntarily in the investigation. Clinton alone did not.
— Clinton never sought approval, and ignored advice to stop what she was doing. She ran the server with no oversight. With no oversight, the only check on Clinton was Clinton herself.
— That lack of oversights extended to potential destruction of evidence. It was Clinton alone who determined which emails to turn over to the State Department as “work related” and which to delete, some 30,000. It was Clinton who made the decision to then try and wipe the server clean. It is unclear whether or not the FBI can forensically retrieve and review those 30,000 deleted emails.
Simply put, what she did wasn’t supposed to be done.
Why It Matters
— Hillary Clinton lied when she claimed her actions were approved. She lied when she said there were no regulations in place at the time of her server decisions. She lied when she said she broke no laws. She lied when she said this all was a Republican hit job. She lied when she said she would cooperate with any investigation.
— Hillary Clinton covered up her actions for four years as Secretary, then another two years after she left office, and only admitted to anything after it hit the news last year.
— Hillary Clinton asks voters to trust her with the most important job in America. She has not shown she is trustworthy.
— Hillary Clinton asks to be America’s leader. She did not lead her State Department, and she showed contempt for its rules. She did not lead by example.
— Hillary Clinton made clear by her actions that she believes rules that apply to others do not apply to her.
— Hillary Clinton by her actions succeeded in hiding all of her official emails from the Freedom of Information Act for six years in open contempt for that process and the American people.
— Hillary Clinton purposefully and willfully created a system that exempted her from the oversight applied to every other government employee.
— Hillary Clinton alone in the entire U.S. government conducted 100% of her official business on a private email server.
The other shoe has yet to drop. Though the Inspectors General from the intelligence community have stated unequivocally that Clinton did handle highly classified material on her unsecured server, the FBI report on the same matter has not yet been released.
For those who wish to defend Clinton with the “but everybody did it” argument, Condoleezza Rice did not send any emails on any unsecured system at all. Powell and Albright sent a handful in the early days of the web. All of them cooperated in the State IG investigation. None of them ran a fully private system for four years and most importantly, none of them are asking us to trust them now running for president.
If your support is whittle down to a sad Hillary is down to “well, she’s not Trump,” do be careful what you wish for. She’s not Trump, but she is all of the above.
For those who wish to defend Clinton by saying “she’s not indicted,” well, actual criminality is a pretty low bar to set for the most important job in America. Also, the FBI has yet to release its report which may point to actual national security violations.
And lastly, it is not about crime per se, but about trust and judgement.
BONUS: If Bernie Sanders will not discuss any of this publically, he does not want to be president.
One of the latest tools for violating our privacy and creating the American police state are license plate scanners.
This technology allows the police to cruise through a city at normal speed and photographically gather images of vehicle license plates, along with geolocation data. This is all stored, and can easily be used to create a record of everywhere your car has been. Coupled with cellphone and WiFi data being collected along with its own geodata, and tied to things like tracked credit card activity, emails and the now-ubiquitous public surveillance cameras, it is very, very easy for law enforcement to know where you are, where you have been and have a pretty good idea of what you were doing.
Run that same process for lots and lots of people, and you can also tell who spent time with who.
Expand that process nationwide and you truly have a police state.
How to do that? Contact a private company called Vigilant Solutions. They collect license plate scanning information from multiple police departments as well as their own network of private plate scanners and facial recognition/facial cataloging technology and then sell it in database form to law enforcement.
The Vigilant database is massive, with over 2.2 billion location data points, and it is growing by almost a million data points per day. The database means, for example, that the New York police can now monitor you and your car whether you live in New York, Miami, Chicago, Los Angeles, or elsewhere.
The database also boasts a full suite data analytics tools which allow police officers to track cars historically or in real time, conduct a virtual stakeout, figure out which cars are commonly seen in close proximity to each other, and predict likely locations to find a car.
Data, once collected, can exist forever. Whatever it is being used for now, it will also be available for other uses in the future, enhanced by new exploitive technology.
As Vigilant puts it on its website, “Data is cumbersome; intelligence is actionable.”
Let’s Google It
All that is quite dangerous enough. However, the latest wrinkle is that the police in at least one city are going as far as disguising their license plate scanning vehicle as an innocent Google Maps truck. You don’t even know your location information is being gathered this way.
Matt Blaze, a University of Pennsylvania computer and information science professor, noticed an SUV tucked away in the shadows of the Philadelphia Convention Center, bearing a logo for Google Maps. Blaze, based on his profession, also identified mounted on top of the vehicle two high-powered license plate reader cameras. To the average passerby, it might appear to be a Google street view vehicle.
After initially denying it, the Philly cops eventually admitted the van was their’s, but refused further comment.
“We can confirm that this is not a Google Maps car, and that we are currently looking into the matter,” a Google spokesperson said. She would not elaborate as to whether the company was concerned that law enforcement was using a vehicle with warrantless surveillance technology while pretending to be a Google vehicle.
It is impossible to escape this network of warrantless search and still live in society. Our cars, our phone, our credit cards and our very faces have been corrupted by a police state into tools of surveillance.
Or have they?
Twitter claims it does not want intelligence agencies using a Tweet-mining service for surveillance purposes. The company recently restated its “longstanding” policy of preventing a company called Dataminr from selling information to intelligence agencies that want to monitor Tweets.
“Dataminr uses public Tweets to sell breaking news alerts to media organizations, corporations and government agencies,” a spokesman for Twitter said in a statement. “We have never authorized Dataminr or any third party to sell data to a government or intelligence agency for surveillance purposes. This is a longstanding policy, not a new development.”
There are multiple issues worth unpacking here.
— The reality-to-b*llshit level on this is very high. Twitter sounds nicely righteous, but the whole affair is one FBI front company signing up with Dataminr away from being meaningless.
— In fact, Dataminr retains its contract with the Department of Homeland Security, which it classifies as something other than an intel agency.
— Can Twitter actually stop Dataminr from gathering information about Tweets? Not really, as Dataminr uses public Tweets to do its work. It seems Twitter just asked Dataminr nicely to stop. And how many other companies out there are doing the same thing?
But questions about the actual impact of Twitter’s statements aside, the worst thing about all this is that Americans are now fully dependent on corporate good deeds for the protection of their privacy. Yes, yes, we all “choose” to use social media, as we choose to use smartphones and have bank accounts and fly to Chicago. But c’mon, absent moving off the grid next to the Unabomber’s old cabin, how realistic is it for surveillance zealots to keep hiding behind the choice argument?
And for those familiar with the actual definition of fascism, collusion between the state and corporate interests, welcome to your latest piece of evidence. We have only has much privacy as Twitter and the government agree we may have.
Sample Dataminr screen:
Thomas Jefferson said that an informed citizenry is critical to a democracy, and with that as a cornerstone the Founders wrote freedom of the press into the First Amendment to the Constitution.
The most basic of ideas at play is that the government should in no way be allowed to control what information the press can report to the people, and cannot place restrictions on journalists. One of the principal characteristics of any fascist state is the control of information, and thus the press is always seen as a check on government power that needs to be stomped on. Ask any surviving journalist in North Korea, or Saudi Arabia.
And so it is with terror we learn the United States Secret Service, in the name of security, is for the first time in our Republic’s history running background checks on thousands of journalists who plan to report from this summer’s Republican and Democratic Party nominating conventions.
Journalists who don’t pass the security screening process, for which of course there are no publicly-stated criteria and which has no system of appeal, will be denied credentials to cover the GOP convention in Cleveland, and the Democrats’ in Philadelphia. As the Daily Beast writes, this is the government deciding who can and can’t be a journalist, and through that process, heavily influencing what will be reported. Happytime government stenographers from CNN? Step right in, sir. Investigative, real journalists from The Intercept? Um, maybe not. Will a journalist from an “un-American” news source such as The Daily Worker be denied simply based on affiliation?
Oh, the issues are many.
For example, security clearances are typically denied to persons with an arrest record. Will that also apply to journalists who have been arrested in protest situations while exercising one or more of their First Amendment rights? Drug use is also often a negative indicator for a security clearance, so does that mean a person busted for a loose joint in college may not report from inside the convention hall?
The Secret Service denies that a protest arrest will lead to a denial, though admits that arrests for assault, or domestic violence, charges could. At issue is that such arrests can cover a very broad spectrum of behavior, determined at a very local level. For example, imagine an African-American falsely charged with assault in some mean Texas backwater. Note also, as in most security clearance processes, the standard is an arrest, not necessarily a conviction.
Obtaining security clearances also involves the “voluntary” turning over of personal information to the government, to often include associations, employment history, professional affiliations, fingerprints, financials and the like. If a journalist wishes not to hand over that information to the Secret Service, does that automatically bar him/her from playing his mandated role of informing the public? Apparently it does.
There is also the question of control of all that personal information. The Secret Services states on its website that it has a contract with the Ardian Group, a private contractor, “to capture that Personally Identifiable Information for credentialing production” (though the Service itself makes the actual yes or no decision to allow access.)
In a widely distributed “Dear Colleagues” letter, John Stanton, Washington bureau chief of BuzzFeed, asked the capper question: “Should the Secret Service have jurisdiction over the First Amendment?”
Incarceration of Americans has reached a point of commonality such that the children’s educational program Sesame Street has made a video telling kids about it, and offering some ideas on how to deal with it.
The video shows the host making the sad Muppet feel better by explaining that her father also went to jail, and teaches kids words like “incarcerate” and “law” that they may hear around the house when dad’s not around. The full video talks about writing letters, dealing with absence, seeing other children with both parents, and making prison visits and the rules for doing that. The broad message is classic Sesame Street: you are not alone in your problems, so reach out.
The whole thing is part of Sesame Street’s new initiative, Little Children, Big Challenges, aiming at talking about the grownup issues of a tough world that can’t help but find their way into children’s lives. Other videos touch on divorce, death, hospitalization and issues affecting military families. You can see clips from most of them on YouTube.
Maybe one day they can do one about living under constant government surveillance, or being denied healthcare. What are a world we are making for our children to deal with.
Espionage works like this: identify a target who has the info you need. Determine what he wants to cooperate (usually money.) Be sure to appeal to his vanity and/or patriotism. Create a situation where he can never go back to his old life, and give him a path forward where it favors his ongoing cooperation in a new life. Recruit him, because you own him.
The FBI appears to have run a very successful, very classic, textbook recruitment on the guy above, Matt Edman, to use his insider-knowledge to defeat one of the best encryption/privacy software tools available. Aloha, privacy, and f*ck you, Fourth Amendment rights against unwarranted search and seizure.
Edman is a former Tor Project developer who created malware for the FBI that allows agents to unmask users of the anonymity software.
Tor is part of a software project that allows users to browse the web and send messages anonymously. In addition to interfacing with encryption, the basic way Tor works is by bouncing your info packets from server to server around the Internet, such that each server knows only a little bit about where the info originated. If you somehow break the chain, you can only trace it back so far, if at all. Tor uses various front ends, graphic user interfaces that make it very easy for non-tech people to use.
Tor is used by (a small number of) bad guys, but it is also used by journalists to protect sources, democracy advocates in dangerous countries, and simply people choosing to exercise their rights to privacy because they are in fact entitled to do so and don’t need a reason to do so. Freedom and all that. It is up to me if I want to lock the door to my home and close the blinds, not anyone else.
Our boy Edman worked closely with the FBI to customize, configure, test, and deploy malware he called “Cornhusker” to collect identifying information on Tor users. The malware is also known as Torsploit. Cornhusker used a Flash application to deliver a user’s real Internet Protocol (IP) address to an FBI server outside the Tor network. Cornhusker was placed on three servers owned by a Nebraska man who ran multiple child pornography websites.
We all hate child pornographers and we all would like to see them crammed up Satan’s butthole to suffocate in a most terrible way. But at the same time, we should all hate the loss of our precious rights. Malware has a tendency to find its way into places it should not be, including into the hands of really bad dictators and crooks, and even if we fully trusted the FBI to only use its Tor-cracking tools for good, the danger is there.
And of course we cannot trust the FBI to use its Tor-cracking tools only for good. If Tor can be taken away from a few bad actors, then it can be taken away from all of us. Our choice to browse the web privately and responsibly is stripped from us. Encryption and tools like Tor are like any tool, even guns, in that they can be used for good or for evil. You never want to throw the baby out with the bathwater, especially when fundamental Constitutional rights are at stake.
Rough and unpleasant as it is to accept, the broad, society-wide danger of the loss of those fundamental rights in the long run out-shadows the tragedy of child pornography.
Innocent until proven guilty? Fifth Amendment rights against self-incrimination? Hah! Not if you forget your passwords, in Post-Constitutional America.
Former Philadelphia Police Sergeant Francis Rawls, above, has spent the past seven months in solitary confinement without conviction because passwords he entered for investigators failed to decrypt his hard drives, seized in connection with a child porn investigation. Rawls says he’s forgotten the correct passwords and so can’t decrypt the drives and provide the cops with evidence that he possessed child porn.
For “failure to cooperate with the investigation,” Rawls has been locked up. He spends 22 and a half hours a day in a cell.
In addition to claiming he cannot remember the passwords, Rawls maintains he doesn’t have to unlock his computer because of his Fifth Amendment right not to incriminate himself. The idea is that the search warrant covered the physical hard drives, not any passwords. If Rawls were to give up the passwords involuntarily and the drives contained kiddie porn, he would have effectively been compelled to admit his guilt.
Last year, following online surveillance, law enforcement agents raided Rawls’ home and seized two external hard drives and other computer gear. Rawls told officers he had “encryption on his computer” and refused to supply them with passwords. Investigators obtained an order compelling Rawls to turn over passwords. A new judge then found that order to be unconstitutional, writing Rawls “has properly invoked the Fifth Amendment privilege against self-incrimination when indicating that he would neither perform the act of decrypting the electronic devices, seized by the Commonwealth, nor provide the passwords to the Grand Jury for the electronic devices.”
Following that judge’s ruling, investigators then went to federal court, where they used the 1789 All Writs Act — the same law the Department of Justice recently tried to use against Apple to try to force the company to unlock an iPhone — to compel Rawls to turn over his encryption keys.
The judge ordered Rawls to be “remanded to the custody of the United States Marshals to be incarcerated until such time that he fully complies with the order to provide his encryption passwords to investigators.” In other words, the judge ordered Rawls locked up until he gave up. Built into the judge’s decision is the implication that Rawls is lying when he says he forgot the passwords.
A federal court has previously ruled that compelled forfeiture of encryption passwords is unconstitutional: In 2012, the 11th Circuit Court reversed an order that would compel a suspect to give up his encryption passwords on drives investigators suspected contained child pornography.
Rawls, pending his appeal, continues to be held in solitary confinement even though he hasn’t been charged with a crime.
BONUS: I get that if Rawls is a pedophile he should be locked away. The thing is he has not been convicted of anything, and is simply invoking some of the most basic Constitutional rights available to Americans. And, as with free speech for people like the Nazis or the KKK, the real test of our commitment to those rights is not in the easy cases, but in the tough ones.
Of course he can. Have a look at the latest trailer for the upcoming Oliver Stone movie, SNOWDEN, due out in September.
The Edward Snowden story is many things, but at some level, well apart from politics, it is a helluva thriller. Think of it: a young programmer, at great personal risk, figures out a way to gain access to a vast trove of very highly classified documents from one of America’s most secret agencies. He then discovers a way to beat all of NSA’s security to smuggle that information out of secure facilities. With the Feds no doubt on his heals, he finds his way to a foreign country, meets up with journalists, and reveals to Americans (and the world) that their own government has been illegally spying on them — reading their emails, listening to their calls, looking in their very bedrooms via hijacked webcams — for years. He then successfully eludes the full resources of the U.S. government and settles into a new life in Russia.
So if that isn’t suspenseful, then not much can be.
And it is hard to imagine a filmmaker more equipped to handle this story than Oliver Stone. Stone’s work has been all about creating narratives, often narratives contradictory to the mainstream, around significant historical and social events (Wall Street, W. Platoon, JFK). Snowden’s story may have found its natural storyteller.
The trailer looks good, and shows a movie that is structured as a thriller, but one with a larger message. This film looks to be an excellent addition to the conversations about the changes he brought to the United States, and the world.
Food stamps are for hungry people, which we should not have in America. There are of course cheaters, just like there are wealthy people who cheat on their taxes. The tax cheats won’t starve to death, or see their children go hungry, but released drug felons in many states will.
It used to be that when you served your time for a crime, your “debt to society” was considered paid, and you were ready to re-enter society. But for many released drug felons, the punishment continues long after they leave jail.
The felony drug ban is a Congressional-mandated lifetime restriction on Temporary Assistance for Needy Families (TANF; note the word family there) and food stamps (SNAP) for anyone convicted of a state or federal drug felony, unless states opt out. In states where the ban applies, a person released from a prison sentence are denied basic assistance at a time of extreme vulnerability.
A study by The Sentencing Project found that in the 12 states that impose the lifetime ban, an estimated 180,000 women alone are impacted. If you include the other 24 states that impose a partial ban, the number of people affected is significantly higher. And since law enforcement is happily conducted with racial bias, people of color are disproportionately denied assistance.
The felony drug ban can be traced back to the 1990s, when politicians of both parties sought political gain by getting “tough on crime.” Senator Phil Gramm , the sponsor of the ban, argued that “we ought not to give people welfare benefits who are violating the nation’s drug laws.” After just two minutes of floor debate, the measure was adopted by unanimous consent as part of the 1996 welfare “reform” legislation.
Of course there are other post-prison punishments on felons. The most significant is that few employers will hire an ex-felon, and more employers than ever now run mandatory background checks even for lousy minimum wage jobs. Pell grants are not available for felons, and most schools will deny them financial aid, ensuring most can’t receive the education they need to get back on their feet. Men and women with prior drug convictions are also typically denied public housing and other benefits. A lot of banks won’t deal with a felon.
Now, let’s see a show of hands out there.
Who thinks making a man or woman unemployed, hungry, potentially homeless and without a chance at education is going to reduce the chances s/he won’t recommit a crime? Nope, it’s just damn mean and stupid.
A team of North Korean election monitors left New York City in disgust, claiming that democracy was “dead to them.”
Following a long series of primary election issues across the United States, where local scams, manipulated caucuses and voter disenfranchisement ran wild, the United Nations requested the North Koreans provide a team of election monitors (above) to oversee the highly-contested New York primary. In choosing North Korea for the job, UN officials cited the “great similarities between the North Korean and American systems.”
“You people make me sick,” said team leader Kim Young Hee, spitting onto a homeless man living inside LaGuardia Airport who was clawing at his socks for nourishment. “All we hear on your stupid Voice of America shortwave broadcasts and smuggled laser discs of old American Idol shows is democracy this, democracy that from you capitalist pigs. Then we arrive and what do we find? A paper ballot-based voting system right out of the 1950s, run by ignorant old people who have no experience, little training and too much free time. In Pyongyang, they’d be working in the uranium mines, not hassling first-time voters and African-Americans!”
Comrade Kim went on to cite the unequal application of voter ID laws, the way polling sites were shifted around without notice, and the fact that some 150,000 registered voters in New York were left off the polling lists and were thus unable to vote. He also could not score Hamilton tickets after being promised by a guy in the men’s room “he’d be right back with change”, but said he would leave that out of his report to the UN.
“And all this when less than half of your eligible voters even bother to show up? In North Korea, we have 100% voter turnout every election, and stuff runs like clockwork. The Party would be locking up whole families of the officials involved in this kind of clusterfutz. Now, I’ll admit, we have only one candidate running like your Republicans do, but seriously, you’re America, the people who found a way through your ‘fast food’ to feed the masses even cheaper than we do in North Korea. Jeez people, you don’t have this computerized yet? Hell, we do, using a 286 Gateway PC running a pirated copy of DOS 4.0. Losers.”
Wiping a healthy dollop of dog crap off his shoe after having set foot on a New York sidewalk (“I’d eat the bastard for that if we were back home”) Comrade Kim reminded his American handlers that if for some reason Dear Leader Trump lost in November, he’d always be welcome in Pyongyang.
As the presumptive U.S. presidential nominees emerge, at least for now — Donald Trump for the Republicans and Hillary Clinton for the Democrats — more and more friends from abroad have started asking me to explain how a person like Trump could get so far, so fast, given utter lack of experience.
A few also ask questions about Hillary’s qualifications, mostly centered around the money flow from Wall Street, and the “donations” from foreign governments into the Clinton Foundation. Many from places where corruption is more surfaced recognize what is happening perhaps more clearly than Americans.
What I try to explain is that the success of Trump and Clinton, especially over the candidates they have defeated, is based on the same dark spot inside the American body politic now: our society is motivated by fear, and fear produced the 2016 versions of candidates Trump and Clinton.
For its faults — referring more to the American Soul than the American government — the pre-9/11 United States was a relatively hopeful place. Despite the underbelly of prejudices and the crushing of the middle class, there was a sense that things might get better, or at least not worse. War? The last big one was Desert Storm in 1991. Nobody would claim society was perfect, or even uniformly good, but it was different than now.
Then across the span of a day, September 11, 2001, America changed. We became, as a nation, afraid.
We were afraid of enemies most Americans had heard little about. We were afraid of what might happen next. We were afraid of an attack against the shopping mall, the school, the tiny place in our tiny town that didn’t show up well on most local maps, never mind one bin Laden might use. Our fears were carefully curated by opportunistic people in two successive administrations, who used that fear to manipulate democracy itself. They turned America’s vast spying apparatus inward, imposed a global gulag archipelago of torture sites and secret prisons, and institutionalizing the drone wars.
Amid the various causes and justifications, that it is all about oil, or empire, what it is all about at the root level is fear. Fear of the latest bogeyman, fear screeches of groups on YouTube are real, and that they are ready to strike what we now all call the Homeland. That word never existed in America prior to 9/11.
America lost its guts. We’re scared of scary things we can’t see and can only identify as monsters, like a child alone at night who hears every noise and assumes the worst.
So into that setting emerges the presidential candidates that had to emerge, our first true post-9/11 candidates, the ones who picked up on the fears of Americans as a predator catches a scent.
Donald Trump speaks pointedly to America’s fears — Mexicans swarming to take our jobs, trade agreements that will hand China the keys to the store (“They’re killing us!”), and weaknesses that allow Islamic State, Putin, the Iranians, and all the rest, to wait coiled on our borders. Afraid? Then you need Trump on that wall, you want him on that wall, for it is only because of rough men like him that you’ll be able to once again (“Make America Great Again”) sleep peacefully.
Trump’s form of fear-mongering is basically from the same toolbox every autocrat and dictator has used since government was invented. Trump plays on what one can call “positive fear,” fear of what will befall us if he is not there to stop it.
While Hillary Clinton is no stranger to calling up global demons, the biggest fear she plays on is American’s fear of change.
Clinton is well on her way to defeating Bernie Sanders by convincing Americans they do not want the same comprehensive health care system every other evolved nation on earth has, that they do not want the no-cost higher education most/all of Europe and Asia profits from, and that Americans do not want a political system less subject to influence buying. She told Americans she alone would continue decades of mediocrity, because there really was no other way. Convincing people to vote against their own self-benefit is not easy, but fear is a powerful motivator.
Clinton’s fear-mongering is more subtle than Trump’s. The fear she sells is not so much of something (Islamic State, Putin), but fear of the unknown, a kind of “negative fear.” So, despite the often ineffective health insurance provided under the Affordable Care Act, she tells supporters her opponent might even see that taken away if he reopens a debate with Republicans. She brushes off concerns about big money influence saying if it was good enough for Obama, then why change that?
The rest flows quite naturally. It is little surprise that both candidates are shaping a meme that while you may not like or even wish to support them actively, you should vote for them anyway, for fear that the other one will win.
Barring any unforeseen circumstances, either Trump or Clinton will take the White House, and fan the flames; fear requires regular booster shots, each one bigger than the last. And that should in fact make the rest of us very, very afraid.
So once again people from The World’s Most Frightened Country (C) fully overreacted to nothing. One of the 230 million people worldwide who speak Arabic happened to be on an airplane and happened to use one of the most common expressions in his language.
Hilarity ensued. Bigoted, frightened, discriminatory hilarity, in keeping with the American Way.
UC Berkeley student Khairuldeen Makhzoomi, 26, above, whose family fled Iraq in 2002 after his diplomat father was killed under Saddam Hussein’s regime, was booted from a Southwest Airlines flight and questioned by the FBI after another passenger heard him speaking Arabic. Makhzoomi was flying home from attending a dinner at the Los Angeles World Affairs Council with Secretary-General of the United Nations Ban Ki-moon when he stopped to make a call to an uncle.
Makhzoomi explained he was talking on the phone with his uncle and, as he said goodbye, he used the phrase “inshallah,” which translates as “if God is willing.” The student said that after hung up, he noticed a female passenger looking at him who then got up and left her seat.
Moments later an airport employee made Makhzoomi step off the plane into the arms of security officers. Makhzoomi was told the woman thought he said “Shahid,” meaning martyr. Because in-shal-lah and sha-hid sound the same, at least to a dumb ass who speaks no apparent Arabic and likely learned the term shahid when it was last mispronounced on AM talk radio.
The student was told he would not be allowed to get back on the plane. Security officers searched his bag again, asked him if he had any other luggage he was keeping “secret,” and publicly felt around his genital area and asked him if he was hiding a knife.
“The way they searched me and the dogs, the officers, people were watching me and the humiliation made me so afraid because it brought all of these memories back to me,” Makhzoomi said. “I escaped Iraq because of the war, because of Saddam and what he did to my father.”
Makhzoomi said the FBI questioned him about his family, and about his phone call and what he knew about martyrism. The FBI informed Makhzoomi that Southwest would not fly him home. He later booked a flight on another airline, arriving home nine hours later than expected.
According to Southwest Airlines, the student was removed because crew members decided to “investigate potentially threatening comments made onboard our aircraft.”
I am very proud to call these two people friends:
— Jesselyn Radack, who blew the whistle on Department of Justice malfeasance in the handling of the “American Taliban” John Walker Lindh. Jess went on to become a key part of Edward Snowden’s defense team (full disclosure: Jess was also one of my lawyers in my own whistleblower struggle with the State Department.)
— Tom Drake, who blew the whistle on NSA domestic spying in the years right after 9/11, and who is cited by Edward Snowden as an important example as he decided whether or not to further expose the unconstitutional acts of the National Security Agency. In return for his truth telling, Tom was rewarded by being prosecuted under the Espionage Act, a tactic the Obama administration has now used seven times against intelligence whistleblowers, more than all previous administrations combined.
We had a terrific lunch, and if only the walls could talk…
Rules are for fools, and in this case the fools in question are you, me and what’s left of the American democratic system. Obama, in an interview, basically made it clear nobody is going to indict Hillary Clinton for exposing classified material via her unclassified email server, even if it requires made-up rules to let her get away with it.
The president’s comments in an interview last Sunday that “there’s classified and then there’s classified” made clear he imagines national security law allows for ample, self-determined fudge room when exposing classified material.
Does Over-Classification Matter?
In case you are still not sure, nope, that is not the way the law works, and everyone (including me, for 24 years) who has held a security clearance knows it.
Obama’s and Clinton’s defenders claim that much of what Hillary exposed was over-classified, and perhaps some should never have been classified at all. Maybe. After reading documents at the Top Secret level and above over more than two decades I can say, sure, sometimes it seemed odd that something was regarded as as secret as it was.
That said, one’s personal opinion is not relevant. The document is what it is and one is bound to handle it appropriately. The same rules apply to the lowest new hire to the highest officials. Just because the secretary of state, or the president, does it does not make it legal.
Clinton mishandled two broad categories of documents, those classified by her own State Department and those classified by other government agencies, such as the CIA. Had she believed that the documents were wrongly classified, she had recourses for both sets. She did not act on those available recourses.
With documents originally classified by her State Department, Hillary had the authority to declassify them herself while Secretary of State (both Obama and current SecState John Kerry still hold that authority and could declassify any of Hillary’s redacted emails right now with the stroke of a pen.) The thing is if Clinton did choose to declassify a document, she would have had to follow procedure, including seeking internal recommendations, make her action public and of course be willing to release the document newly-declassified. She did not do any of that.
For the other agency documents, Hillary did not have the authority to declassify them. Only the CIA, for example, can declassify a CIA document in this process. Hillary did however have the authority to request a review aimed at declassification by the originating agency. She did not do any of that.
No Blood, No Foul?
In addition to his made-up assertion that “there’s classified and then there’s classified,” Obama disingenuously stated Hillary did not expose any information of value to America’s adversaries and so should suffer not sanction, the national security equivalent of no blood, no foul.
The Federal laws that control classified information, up to and including the Espionage Act, do not require proof that the disclosed material aided America’s adversaries, or that the information even reached America’s adversaries. Motivation to disclose the information is also not considered relevant, whether than motivation was sincere whistleblowing or inadvertent mishandling. Guilt is based on the disclosure alone. This is why Chelsea Manning was not allowed to defend herself in this way, and why Ed Snowden believes he cannot have a fair trial in the U.S.
Snowden had the last word on Obama’s statements.
“If only I had known,” tweeted Snowden. “Anyone have the number for the Attorney General?. Asking for a friend.”
U.S. Secretary of State John Kerry and fellow envoys from the G7 visited Hiroshima’s Peace Memorial Park on the margins of their summit meeting this week.
Kerry was the highest ranking American government official to visit the Peace Park, the memorial dedicated to the victims of the world’s first nuclear attack on August 6, 1945.
U.S. officials are considering a visit to Hiroshima by Nobel Peace Prize winner Barack Obama during his trip to Japan for the G7 in late May. Obama, in 2011, expressed some interest in being the first sitting American president to visit the city, but never purused the plans.
Fellow Nobel Peace Prize winner Jimmy Carter did visit Hiroshima in 1984, albeit as a private citizen after leaving office. Other high-level American visits have been scattered only over recent years; then-U.S. ambassador to Japan, John Roos attended the annual August 6 commemoration in Hiroshima in 2010, the first U.S. ambassador to ever do so. In 2011, in another first, the United States sent a (lower ranking) official representative to the annual memorial service in Nagasaki. Current ambassador Caroline Kennedy attended the Hiroshima memorial service to mark the attack’s 70th anniversary last year.
Kerry, like his official predecessors to Hiroshima, expressed empathy for the dead without acknowledging culpability for the thing that killed them, almost as if it was an act of nature, or that someone else had done it.
Regarding those predecessors, note the dates; the first American ambassador to visit Hiroshima wasn’t until 2010, 65 years after the atomic bombing. Kerry’s visit, 71 years after the attack, occurred only in the company of his G7 colleagues, and not on the highly-symbolic day of August 6.
All countries get their own history wrong to some degree, and careful retrospection, absent that built into enforced penitence such as was applied to post-WWII Germany, is rare.
Yet as the only nation to use nuclear weapons, and to have used them against near-wholly civilian targets, and having used them under circumstances of arguable necessity, one might expect, 71 years later and now full-allies with Japan, some modicum of introspection by the United States. Absent some academics and “peace advocates,” that has never happened.
In the United States, sometime after with the public announcement in 1945 of the atomic bombings, the message was kneaded into public consciousness that the bombs were not dropped out of hatred, revenge or malice, but of military necessity. The attacks did not reflect American evil, but were merely an inescapable and ugly necessity of a war we didn’t start.
The bombs, we were told, saved millions of lives that would have been lost in a land invasion. Both American and Japanese souls would have perished in that invasion, which seemed to characterize the atomic attacks as almost to the benefit of Japan, in that we killed fewer people that way. The bombs were just the lesser of two evils, it was war, and Hiroshima and Nagasaki were far from the first places civilians were targeted. An undercurrent is more disturbing — they deserved it, life is cheaper over there for Orientals. One way or another, there is a consensus woven into the American narrative that there was simply no choice.
The deeper cause of a lack of introspection seems to lie in a national meme that no moral wrong was committed, and thus no internal soul-searching is necessary. The U.S. is obviously not alone in this way of thinking, and Japan itself is quite guilty of failing to look deep into itself over the atrocities committed in China, Korea and elsewhere during WWII.
But “everybody does it” is obviously the kind of excuse five-year-olds use, and unworthy of the United States. And while other nations committed terrible actions in the Second World War, it is only the United States that has gone on to continue making war on a grand scale; over a million killed in Vietnam (no one knows for sure), an estimated million in Iraq (no one knows for sure), and somewhere between a quarter of a million and half a million in Syria (still accruing.)
Never mind Korea, the Dominican Republic, Lebanon, Haiti, Grenada, Central America, Afghanistan and the others, plus the new twist, global drone wars. Along the way were documented American threats to use nuclear weapons to break the Berlin Blockade, to defend South Korea, to smite the Russians during the Cuban Missile Crisis, to “win” in Vietnam and to save Israel during the Yom Kippur war, as well as other situations use was considered. The U.S. continues to maintain a deployed nuclear arsenal well-beyond any defense needs and in grand excess of that possessed by other nuclear powers.
Perhaps some of those atomic threats are historically arguable, and some may have been more bark than intended bite, but in toto it is hard to dismiss America’s willingness to again use nuclear weapons; indeed, talk of “tactical nukes” comes up in many discussions of what to do if Iran were to develop its own atomic capability. In each threatened use of nuclear weapons, however accurate the delivery and however intended for a military target, the vast power of the bombs ensures civilians deaths and mass, indiscriminate, destruction. Those factors have not been a deterrent to nuclear threats and plans, and have certainly not deterred conventional warfare.
Such thinking is a product of lack of introspection, a sweeping, national generalization that if we do it, it is right. John Kerry is an intelligent man, an educated man who has been to war. Perhaps, as he mumbled platitudinous talking points on his visit to Hiroshima, an additional thought or two about the real meaning of his very late presence there crept in?