Warrant canaries — which tech companies are using to tell people that the government is NOT using secret orders — are the new frontline in the legal fight over surveillance.
Tech companies from Apple to Tumblr, faced with a growing number of secret orders from the government, have resorted to a clever legal tactic known as a warrant canary: the “canary,” popularized by libraries in the wake of the Patriot Act, is a sign that tells the public that an organization is not being investigated by the FBI. If the canary disappears, well, you can assume the worst:
Now, the federal government is trying to snuff out the use of canaries altogether, telling Twitter that it is forbidden from using “zero” when it reports on security demands in its Transparency Reports, the semi-annual documents used by Twitter and other tech companies to report on FBI and NSA demands.
The fact this there is a fight over “zero” and warrant canaries is revealed through a close reading of the lawsuit that Twitter filed against the Justice Department this week. The lawsuit, which claims the government security demands violate Twitter’s free speech rights, repeatedly asks the court to declare that it may use “zero” when stating whether it has been subject to various secret legal orders from the government…
Through its lawsuit, Twitter claims it has a First Amendment right to use warrant canaries to say whether or not it has received various categories of so-called NSL letters and FISA requests — secret orders that can subject the companies to criminal prosecution if they even disclose the existence of the letters in the first place…
I feel no need to sit around and discuss whether or not our government has the right not only to limit speech but ban your right to tell anyone it’s happening. This is as corrupt as anything attempted by dictators in any epoch in modern history. It is the polar opposite of transparency.
We sit here facing such limitations under a so-called liberal administration, one which campaigned for transparency in law and governance. I hate to break it to True Believers in the 2-party crappola; but, just as American foreign policy since the inception of the Cold War is indistinguishable between Democrat or Republican – attempts to shut down free speech, freedom of thought and inquiry are just as likely under administrations controlled by either wing of our corporate electoral police.
It doesn’t matter whether the donations and control come mostly from Wall Street and Silicon Valley – or Big Oil and the Military-Industrial Complex. We get screwed, our rights are under attack and transparency is a myth.
The mystery of the whereabouts of Edward Snowden’s long-time girlfriend is solved in a documentary that premiered in New York on Friday night: she has been living with the national security whistleblower in Russia since July.
The surprise revelation in the documentary, filmed by Laura Poitras, upends the widespread assumption that Snowden had deserted Lindsay Mills and that she, in a fit of pique, fled Hawaii where they had been living to stay with her parents in mainland US.
Since Snowden, a former NSA contractor, outed himself last year as being behind the biggest leak in US intelligence history, Mills has remained silent, giving no interviews or any hints of her feelings on the subject of her boyfriend or his actions.
The two-hour long documentary, Citizenfour, shows Mills living in Russia with Snowden…
Citizenfour offers a fly-on-the wall account of Snowden. Poitras filmed him at the Mira hotel in Hong Kong last year during interviews with journalists that resulted in a series of stories in the Guardian about the extent of surveillance by the US and British intelligence agencies as well as the internet and telecom companies. The revelations started a worldwide debate about the balance between surveillance and privacy.
Poitras captures the tension in his room at the Mira – where then-Guardian columnist Glenn Greenwald and I interviewed him – and in his final minutes at the hotel before he fled after being tipped off that hordes of media were about to arrive. She also filmed at the Guardian in London ahead of publication of one of the most explosive of the stories arising from Snowden’s revelations, and in Moscow, where Snowden is now in exile.
Snowden has been reluctant to talk about his personal life, preferring the media focus to be on wider debate about surveillance rather than him. But Poitras’s portrayal is both personal and sympathetic.
In his first comment about the documentary, which Poitras had shown to him in advance, Snowden told the Guardian: “I hope people won’t see this as a story about heroism. It’s actually a story about what ordinary people can do in extraordinary circumstances.”
I wish more Americans had the courage of Edward Snowden. I’ve known a few, folks who became left-wing activists on behalf of civil rights, peace and national liberation BITD. Two in particular who worked for military intelligence, who left the military and returned to the United States to become active in very different ways. Like Snowden, revulsion at the lies and deceit of our government, our “leaders” patronizing attitude towards the American people, lies in support of an imperial foreign policy – turned them into activists against political corruption.
And Lindsay Mills – I know nothing more than what little I read in newspapers like the GUARDIAN. Most of what appears here in the States, from the TIMES to TV talking heads, you can presume to be crap, lies and more crap. Mostly motivated by dedication and subservience to the Washington establishment. I accept her private life with Edward Snowden as her own.
I accept their life together as a reflection of the proto-existential dicho, “what is done out of love takes place beyond good and evil”. Snowden, for love of his country and its Constitution. Mills, for love of her man.
BW Zambesi loading crude oil in Galveston, TX — Photo Enterprise Products
The Singapore-flagged tanker BW Zambesi set sail with little fanfare from the port of Galveston, Tex., on July 30, loaded with crude oil destined for South Korea. But though it left inauspiciously, the ship’s launch was another critical turning point in what has been a half-decade of tectonic change for the American oil industry.
The 400,000 barrels the tanker carried represented the first unrestricted export of American oil to a country outside of North America in nearly four decades. The Obama administration insisted there was no change in energy trade policy, perhaps concerned about the reaction from environmentalists and liberal members of Congress with midterm elections coming. But many energy experts viewed the launch as the curtain raiser for the United States’ inevitable emergence as a major world oil exporter, an improbable return to a status that helped make the country a great power in the first half of the 20th century…
Like just about everything else in the oil and gas business, petroleum exports are contentious. The oil bounty is thanks to modern production techniques including hydraulic fracturing, or fracking, which involves injecting water and chemicals into the ground to crack oil-saturated shale. Exports would mean more of that. Many environmentalists say fracking operations endanger water supplies or create other hazards, including air pollution. Ramping up exports of fossil fuels, critics will surely note, is inconsistent with the Obama administration’s push for a global climate deal.
Independent refiners argue that exports could mean more expensive domestic oil for them, which they say could mean higher prices for American consumers.
The article goes on from there. I think it’s pretty clear where the TIMES and the rest of our news-as-entertainment, corporate PR reprints, is handling this qualitative change. We the consumers will be screwed. Big oil will lap up increasing profits. Environmental concerns go down the crapper along with everything but the pretense of sensible economic regulation.
If the government wants to listen in on your phone calls, it can. That’s the crux of the Communications Assistance for Law Enforcement Act, enacted in 1994: It requires wireless carriers to keep the possibility open of wiretapping their networks. In 2005, the act was expanded to include VoIP and broadband providers.
But Calea has never been expanded from phone networks to phones themselves, and now phone makers—first Apple (AAPL), then Android—are releasing handsets with encryption that makes it impossible for the handset maker to retrieve data from the phone, warrant or no. The government is not happy. “What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law,” FBI director James Comey said last week. But there’s not much he or other branches of law enforcement can do to stop it, absent some help from Congress…
The lawmakers may not be as accommodating as they once were. Revelations about National Security Agency spying have made sanctioned surveillance into a political hot potato: The FBI’s recent push for further technological backdoors in Internet communications seems to have died last year. “Something happened,” recounted Christopher Soghoian of the ACLU at the hacker conference Defcon this summer. “Calea 2, which is the D.C. nickname for this backdoor proposal, for now is dead. It is dead in the water; no politician wants to touch that kind of surveillance for now. So thank you very much, Edward Snowden.”
If the public reaction to Snowden and Operation Prism killed political momentum to expand government power, it also pushed companies such as Apple to develop stronger encryption security in the first place. Assurances that the legal system alone is sufficient to protect privacy seem less credible than they have in the past, and Silicon Valley doesn’t want its reputation to suffer by appearing not to stand up for its users. If government officials are unhappy about this latest turn of events, they have only themselves to blame.
That portion of Congress not entirely consumed with theocracy, bigotry, the John Wayne theory of history – remains governed by cowardice. Fence-sitters and papier mache liberals have always been easy targets for the arrogant superpatriot brigade to tip over like a drunken heifer. Today, maybe not so easy.
Both the nutball Right and please-please-reelect-me Left know their base is pissed off about the NSA, the track record of the last two presidents and their lack of defense on the playing field of constitutional protections for the 98%. Minority caucuses, bona fide peaceniks, the few legitimate progressives in Congress know from decades of assault from every quarter that they haven’t any rights. So, it looks possible for a spell that technology and principles might prevail over political opportunism.
By Brian McFadden
Same as it ever was…
Advocacy groups said they filed a lawsuit against the Department of Transportation for not responding to calls to pull crude oil rail cars out of service.
The Department of Transportation in July published a 200-page proposal calling for the eventual elimination of older rail cars designated DOT 111 used to ship flammable liquids, “including most Bakken crude oil…”
DOT-111 rail cars carrying crude oil have been involved in a series of disastrous derailments, including the deadly incident in Lac-Megantic, Quebec in 2013.
Earthjustice, ForestEthics and the Sierra Club filed a lawsuit against the Department of Transportation for not responding to a petition filed in July calling for a ban on shipping Bakken crude using DOT-111 cars.
Matt Krogh, campaign director with ForestEthics, said DOT-111 cars are “tin cans on wheels.”
“We can’t run the risk of another disaster like Lac-Megantic,” Earthjustice attorney Patti Goldman said in a statement Thursday.
U.S. regulators in January issued an advisory warning Bakken crude oil may be more prone to catch fire than other grades.
“Eventual” somehow doesn’t sound like “timely” or any other term that puts human life at a higher priority than profits from shipping oil.
Canada – with a committed Conservative government – has already banned these archaic tin cans for the carriage of Bakken crude. Obama, his DOT and obedient head, Anthony Foxx, seem to have a problem coming to the same conclusion.
“Do you think Snowden will ever go away?”
Turkey’s foreign ministry on Monday summoned the U.S. charge d’affaires, currently Washington’s most senior diplomat in Ankara, over a media report that the United States had spied on Turkey…
Here we go with 2 x stupid!
1. The Turkish government can’t summon the US ambassador because Republican do-nothings in Congress blocked that appointment. They would rather we have a dysfunctional government than to give in to the fact that Americans elected a non-white president.
2. The Democrat in the White House proves to be as dumb as his Republican predecessor – holding his hands over his eyes and hoping the NSA digital goon squad won’t be noticed by our “allies”. Somehow, hoping Edward Snowden’s whistleblowing will go away as if by magic.
German magazine Der Spiegel said in an article on its website on Sunday that the U.S. National Security Agency (NSA) and Britain’s GCHQ eavesdropping agency had carried out “wide-scale spying against Turkey“, citing documents from the archive of former NSA contractor Edward Snowden.
“For the reasons that the United States’ name was mentioned, and such claims were made … the charge d’affaires has been called to the foreign ministry and information has been received from him,” Arinc told reporters after the first meeting of Turkey’s new cabinet following a presidential election.
Der Spiegel said the U.S. intelligence services had also worked closely to support Ankara in its efforts to battle Kurdish militants, who waged a three-decade insurgency for greater Kurdish rights in the country’s southeast.
Yup. The United States cares so deeply about minority rights that we turn over whatever info our spies discover – to the heads of state who have dedicated their political careers to the suppression of minorities.
Then, the folks in the White House who rely on wishful thinking to manage foreign relations skip blithely past all the corruption previously made public by Edward Snowden and ignore the rest of the bad news waiting to come out. With half a brain, someone might have contacted the rest of our “friends” and let them know in advance how the paranoid policies of George W. Bush have been continued by “nice guy” Obama.
President Obama has ordered a review of the government’s decade-old policy of sending military equipment to local police departments across the country…
Federal officials began reconsidering civilian police department’s use of such equipment — including body armor, mine-resistant armored trucks, silencers and automatic rifles — following the unrest in Ferguson, Missouri. Local police used military-style equipment during violent clashes with demonstrators protesting the fatal shooting of an unarmed black teenager by a white police officer…
During widespread coverage of the Ferguson unrest, the public has absorbed images of heavily armed police, snipers trained on protesters and tear gas plumes.
“This equipment flowed to local police forces because they were increasingly being asked to assist in counterterrorism. But displays of force in response to mostly peaceful demonstrations can be counterproductive,” Attorney General Eric Holder said in a statement.
“It makes sense to take a look at whether military-style equipment is being acquired for the right purposes and whether there is proper training on when and how to deploy it,” Holder said…
As the country concludes its longest wartime period, the military has turned over thousands of surplus weapons and armored trucks to local police who often trained alongside the military.
A report by the American Civil Liberties Union in June said police agencies had become “excessively militarized,” with officers using training and equipment designed for the battlefield on city streets. The report found the amount of goods transferred through the military surplus program rose in value from $1 million in 1990 to nearly $450 million in 2013.
RTFA for details, examples.
IMHO, this crap follows logically from the War on Drugs becoming a War on All Citizens – especially as reactionaries and bigots get wedgies over ordinary folks moving in a progressive direction. From broad acceptance of civil rights for everyone including gays and lesbians – to the wave of decriminalization heading to a crest over the sillyass prohibition of cannabis.
The bottom of the lumpen that didn’t qualify for civilian jobs – who therefore joined the military – who still don’t qualify for a lifetime gig after being demobbed, jump at the chance to become some kind of copper. Maybe they fit in because the PD chiefs are racist. Maybe they don’t even qualify for that level of policing and sink down to lower economic levels, border cop or even TSA. But, whatever road, they’re already accustomed to treating every civilian as a furriner who isn’t white Christian enough to be a proper American.
Respect for Freedom of the Press? Same as it ever was.
The New York Times reporter James Risen, who faces jail over his refusal to reveal a source and testify against a former CIA agent accused of leaking secrets, has called President Barack Obama “the greatest enemy of press freedom in a generation”.
Speaking to his colleague Maureen Dowd, Risen accused the president of aggressively pursuing journalists, including himself, who report sensitive stories that reflect poorly on the US government…
Risen faces jail over his reporting of a botched intelligence operation that ended up spilling nuclear secrets to Iran. The Justice Department has long been seeking to force him to testify and name the confidential source of the account, which is contained in his 2006 book State of War…
The pursuit of Risen began under the administration of President George W Bush. The Justice Department tried to prosecute him under the Espionage Act for his 2006 Pulitzer Prize-winning scoop about the illegal wiretapping of American citizens after the terrorist attacks of 11 September 2001. It also targeted him for the revelations in State of War…
Risen is furious at statements from the likes of Obama and the attorney general, Eric Holder, about supporting press freedom – including condemnation of the police in Ferguson, Missouri, for this week arresting journalists reporting on riots there.
Obama and Holder said journalists should not be arrested or harassed for doing their jobs and covering “a story that needs to be told”. In May, Holder said of the Sterling case: “No reporter who is doing his job is going to go to jail.” Risen, however, could be behind bars within weeks…
“It’s hypocritical,” Risen said. “A lot of people still think this is some kind of game or signal or spin. They don’t want to believe that Obama wants to crack down on the press and whistleblowers. But he does. He’s the greatest enemy to press freedom in a generation.”
I’m certain you’re all keeping up-to-date on this case in the mainstream media and on your local network TV stations, eh?
Never forget! — Michael Longari/AFP/Getty Images
Alongside the toll of death and broken lives, perhaps the saddest reality of the latest Gaza war, like the Gaza wars before it, is how easy it would have been to avoid. For the last eight years, Israel and the U.S. had repeated opportunities to opt for a diplomatic solution in Gaza. Each time, they have chosen war, with devastating consequences for the families of Gaza…
Let’s begin in June 2006, when the University of Maryland’s Jerome Segal, founder of the Jewish Peace Lobby, carried a high-level private message from Gaza to Washington. Segal had just returned from a meeting with Ismail Haniyeh, whose Hamas faction had recently won free and fair elections and taken power in Gaza. Hamas was seeking a unity government with the rival Fatah faction overseen by Mahmoud Abbas.
…By voting for Hamas in 2006, Palestinians signaled their weariness with Fatah’s corruption and its failure to deliver an independent state, or even a long-promised safe passage corridor between the West Bank and Gaza. In the wake of its surprise election victory, Hamas was in turn showing signs of edging toward the political center, despite its militant history.
Nevertheless, Israel and “the Quartet” — the U.S., the European Union, Russia, and the U.N. — refused to recognize the outcome of the democratic elections, labeling Hamas a “terrorist organization,” which sought Israel’s destruction. The administration of George W. Bush strongly pressured Abbas not to join a unity government. The Quartet suspended economic aid and Israel severely curtailed the flow of goods in and out of Gaza…
These punitive measures were to remain in place until Hamas renounced violence (including stopping its cross-border rocket attacks), recognized Israel, and accepted all previous agreements based on the Oslo peace accords.
Which brings us back to that Washington-bound letter from Gaza. In the wake of the elections, Hamas was no longer the militant opposition to a ruling Fatah party, but a legally elected government operating under siege. Hamas leader Ismail Haniyeh, suddenly responsible for governing and facing a mounting economic, humanitarian, and political catastrophe, sought to defuse the situation. In his June 2006 hand-written note to President Bush that Jerome Segal delivered to the State Department and the National Security Council, he requested a direct dialogue with the administration…
The Bush team, however, chose to ignore Hamas’s overture, opting, with Israel, for violence and chaos. The Obama administration would follow the same path years later. In this way, a pattern of U.S. acquiescence in ongoing, ever worsening humanitarian disasters in Hamas-run Gaza was established. Direct American political and material support for the indiscriminate killing of thousands of Gaza’s civilians, including hundreds of children, became Washington’s de facto policy.
RTFA. It’s long, detailed – and to my mind and memory – quite accurate. Unfortunately, accuracy, truth and honesty have nothing to do with the US relationship with Israel and the prisoner nation of Palestine.
The article details time after time the chances for peace deliberately sabotaged by the US/Israel military-industrial complex. Most of our politicians couldn’t care less. American voters are wholly ignorant of history; so, there is little or no pressure from ordinary voters.
Think about it – you may be just one of the small number who cares enough to try to make a change.