Court secrecy dominates one of the biggest government leak trials in history.

Bradley Manning will be tried by the U.S. government, and there will not be open media access to the proceedings. This might suggest to a reasonable person that the U.S. government has something to hide. That's what the U.S. government would say about some other country that is not giving the media easy access to the proceedings. Kevin Gosztola of FDL explains:

A challenge against secrecy in court martial proceedings for Pfc. Bradley Manning, who is accused of releasing classified information to WikiLeaks, was filed in the Army Court of Criminal Appeals (ACCA) on Thursday. The challenge—a petition for extraordinary relief—is being submitted to order the judge to grant the press and the public access to court filings, such as government motions, court orders and transcripts of proceedings. . . . While I have concerns about the constitutional implications posed by a government intent to convict Manning in secret, I find that my experience as a credentialed media reporter, who has been attending Manning’s legal proceedings since December of last year, gives me the authority and obligation to oppose the ridiculousness that is the judge’s decision to dismiss concerns from the press about lack of access to court filings. And so, I support this challenge as a member of the press whose job has been complicated unnecessarily by the government’s penchant for secrecy in the Manning proceedings. . . . Secrecy makes it likely Manning’s trial will be improper and unfair. As a soldier who is accused of one of the biggest leaks or security breaches in history, Manning deserves a trial that is much more open.

Continue ReadingCourt secrecy dominates one of the biggest government leak trials in history.

NSA whistleblower: The Federal Government has your emails

Former NSA employee, and now whistleblower, Willian Binney believes domestic surveillance has become more expansive under President Obama than President George W. Bush.

He estimates the NSA has assembled 20 trillion "transactions" — phone calls, emails and other forms of data — from Americans. This likely includes copies of almost all of the emails sent and received from most people living in the United States.
Binny indicates that the federal government is not being honest to the extent that it suggests that it does not possess massive amounts of emails and phone calls made to and from Americans (min 55), in addition to records of our bank transactions and internet searches. And as I posted a few days ago, the federal government is not satisfied. It wants more of your private data, and more legal cover for spying on ordinary law-abiding Americans. The participants to this surreal (though completely credible) discussion include Amy Goodman and Juan Gonzalez of Democracy Now, and their guests: William Binney, served in the NSA for over 30 years, including a time as director of the NSA’s World Geopolitical and Military Analysis Reporting Group. Since retiring from the NSA in 2001, he has warned that the NSA’s data-mining program has become so vast that it could "create an Orwellian state." Jacob Appelbaum, a computer security researcher who has volunteered with WikiLeaks. He is a developer and advocate for the Tor Project, a network enabling its users to communicate anonymously on the internet. Laura Poitras, an award-winning documentary filmmaker and producer. She is working on the third part of a trilogy of films about America post-9/11. The first film was My Country, My Country," and the second was The Oath. The above video is but one part of an extraordinary discussion on Democracy Now. Consider, also, the story of Laura Poitras:
The Academy Award-nominated filmmaker Laura Poitras discusses how she has been repeatedly detained and questioned by federal agents whenever she enters the United States. Poitras said the interrogations began after she began working on her documentary, "My Country, My Country," about post-invasion Iraq. Her most recent film, "The Oath," was about Yemen and Guantánamo and follows the lives of two past associates of Osama bin Laden. She estimates she has been detained approximately 40 times and has had her laptop, cell phone and personal belongings repeatedly searched.
And the story of Jacob Appelbaum:
a computer researcher who has faced a stream of interrogations and electronic surveillance since he volunteered with the whistleblowing website, WikiLeaks. He describes being detained more than a dozen times at the airport and interrogated by federal agents who asked about his political views and confiscated his cell phone and laptop. When asked why he cannot talk about what happened after he was questioned, Appelbaum says, "Because we don’t live in a free country. And if I did, I guess I could tell you about it." A federal judge ordered Twitter to hand over information about Appelbaum’s account. Meanwhile, he continues to work on the Tor Project, an anonymity network that ensures every person has the right to browse the internet without restriction and the right to speak freely.
The same show also featured William Binney:
In his first television interview since he resigned from the National Security Agency over its domestic surveillance program, William Binney discusses the NSA’s massive power to spy on Americans and why the FBI raided his home after he became a whistleblower. Binney was a key source for investigative journalist James Bamford’s recent exposé in Wired Magazine about how the NSA is quietly building the largest spy center in the country in Bluffdale, Utah. The Utah spy center will contain near-bottomless databases to store all forms of communication collected by the agency, including private emails, cell phone calls, Google searches and other personal data.

Continue ReadingNSA whistleblower: The Federal Government has your emails

Proposed new federal law would invite thousands of paranoid strangers to secretly read your most private thoughts

Its sponsors call it the "Cyber Intelligence Sharing and Protection Act" (HR 3523), but its main function is to invite Big Brother into all aspects of what you assumed to be your private online existence. Perhaps you are thinking, "I have nothing to hide." Good for you, but what about the fact that this horrifically vague proposed law would force you to share all of your most private online communications with the hyper-paranoid geek-goons and geek-thugs of the NSA? Under CISPA, the Federal Government will have the right to look at that emotional email you just sent to your mother last week. The government, including many thousands of people with security clearances, will have access to the pin numbers and passwords for your bank accounts and investments. After all, you do use the Internet, and all they want is anything connected with or associated with the Internet. They want to know what your read and what you buy. It will be like they are sitting right next to you while you use your computer. CISPA is a blatant attempt to shred the Fourth Amendment, while offering offenders explicit immunity for their misconduct. Even if they use your private writings merely to show sympathy for the political goals of someone the U.S. is attacking with drones. You can read the bill here. Here's how Free Press sums up the main provisions in its call for action:

  • CISPA would allow companies and the government to bypass privacy protections and spy on your email traffic, comb through your text messages, filter your online content and even block access to popular websites.
  • CISPA would permit companies to give the government your Facebook data, Twitter history and cellphone contacts. It would also allow the government to search your email using the vaguest of justifications — and without any real legal oversight.
  • CISPA contains sweeping language that could be used as a blunt weapon to silence whistleblower websites like WikiLeaks and the news organizations that publish their revelations.
  • CISPA would create an environment in which we refrain from speaking freely online for fear that the National Security Agency — the same agency that has conducted "warrantless wiretapping" online for years — could come knocking.
The centerpiece of this bill is that federal agents will only read your private information for purposes of "national security." We've heard that word over and over and over for the past ten years. It has justified anything and everything for the federal government, including spying, maintaining secrets from the People who supposedly run this country, torture and endless war at a cost of billions of dollars per week. This bill invites the government to spy on every American for no damned good reason. [More . . . ]

Continue ReadingProposed new federal law would invite thousands of paranoid strangers to secretly read your most private thoughts

Shame on America for prosecuting Former CIA officer John Kiriakou

Shame on America for prosecuting Former CIA officer John Kiriakou. But America's actions are understandable because Kiriakou embarrasses America by saying true things like this:

  • On Iraq: “The answer to why we’re still in Iraq to this day has almost everything to do with the failures of leadership in 2003 and 2004 and, in some cases, the ascendance of rank deception—deliberate distortions of the facts on the ground.”
  • On FBI waste: After raiding a Taliban “embassy” in Pakistan in early 2002, Kiriakou’s colleague “found something interesting and provocative. A file of telephone bills from the Taliban embassy revealed dozens of calls to the United States . . . For ten days leading up to September 11, 2001, the Taliban made 168 calls to America. Then the calls stopped. The file, amazingly, was in English . . . The calls ended on September 10, 2001, and started up again six days later, on September 16.” Years after sending the phone records to the FBI, Kiriakou followed-up and his FBI contact “replied that it was like a scene out of that Indiana Jones movie. The files were still in those [original] boxes, in an FBI storage facility in Maryland . . . What a waste.”
  • On CIA’s deception about waterboarding: “Now we know that Abu Zubaydah was waterboarded eighty-three times in a single month, raising questions about how much useful information he actually supplied. . . it was a valuable lesson in how the CIA uses the arts of deception even among its own.” (Previously, the CIA told Kiriakou that Zubaydah was waterboarded only once and cracked, which fiction Kiriakou repeated in a television interview because his own agency lied to him.)
  • On Torture: “But even if torture works, it cannot be tolerated – not in one case or a thousand or a million. If their efficacy becomes the measure of abhorrent acts, all sorts of unspeakable crimes somehow become acceptable. . . . There are things we should not do, even in the name of national security.”
Jesselyn Radack has the story.

Continue ReadingShame on America for prosecuting Former CIA officer John Kiriakou

More on domestic spying and Barack Obama’s continuing war on whistle-blowers

Amy Goodman presents an interview with Thomas Drake, in order to shed light on the U.S. war on whistle-blowers.

We speak with Thomas Drake, who was targeted after challenging waste, mismanagement and possible constitutional violations at the National Security Agency, but the case against him later collapsed. Drake was one of several sources for a Baltimore Sun article about a $1.2 billion NSA experimental program called "Trailblazer" to sift through electronic communications for national security threats. "My first day on the job was 9/11. And it was shortly after 9/11 that I was exposed to the Pandora’s box of illegality and government wrongdoing on a very significant scale," Drake says. . . . In a major embarrassment for the Department of Justice, his case ended last year in a misdemeanor plea deal. Now the former top spokesman for the Justice Department, Matthew Miller, seems to be reversing his stance on the prosecution of Drake, saying the case may have been an "ill-considered choice for prosecution." All of this comes amidst the Obama administration’s unprecedented attack on whisteblowers. "It’s a way to create terrible precedent to go after journalists and a backdoor way to create an Official Secrets Act, which we have managed to live without in this country for more than 200 years. And I think it’s being done on the backs of whistleblowers," says Drake’s attorney, Jesselyn Radack, a former ethics adviser to the Justice Department.
Drake's accusations are extraordinary:
THOMAS DRAKE: The critical thing that I discovered was not just the massive fraud, waste and abuse, but also the fact that NSA had chosen to ignore a 23-year legal regime . . . It was the prime directive of NSA. It was the—the—First Amendment at NSA, which is, you do not spy on Americans— AMY GOODMAN: And what did you find? THOMAS DRAKE: —without a warrant. I found, much to my horror, that they had tossed out that legal regime, that it was the excuse of 9/11, which I was told was: exigent conditions now prevailed, we essentially can do anything. We opened up Pandora’s box. We’re going to turn the United States of America into the equivalent of a foreign nation for the purpose of a—of dragnet, blanket electronic surveillance. NERMEEN SHAIKH: So, in other words, now warrantless wiretapping of U.S. citizens by the NSA and other intelligence agencies is legal? THOMAS DRAKE: . . . [Y]es, during that whole period, we’re talking a very, very super secret program, which is actually referenced—that program is referenced in James Bamford’s blockbuster article in—is the lead article in Wired Magazine for the month of April. That particular program was—in fact violated, on a vast scale, the Fourth Amendment rights of U.S. citizens . . . It didn’t matter. It was just used as an excuse, that the fair game that NSA had, the legitimate ability of NSA to collect foreign intelligence from overseas, well, now that capability is being used to collect against U.S. citizens and everybody else in the United States of America.
Drake's attorney, JESSELYN RADACK, commented on the Obama war on whistle-blowers:
The significance is that he was the fourth person in U.S. history to be charged under the Espionage Act. The first, tellingly, was Daniel Ellsberg. And now there are six people. The most recent to be charged is John Kiriakou. And all of these people are not spies. They’re whistleblowers. And they are being—they’re the people who revealed torture and warrantless wiretapping, some of the biggest scandals that occurred in my generation. . . Really, I think it’s a way to create terrible precedent to go after journalists and a backdoor way to create an Official Secrets Act, which we have managed to live without in this country for more than 200 years. And I think it’s being done on the backs of whistleblowers. And it’s also meant to send a very chilling message to government employees not to speak out about fraud, waste, abuse and patent illegality.

Continue ReadingMore on domestic spying and Barack Obama’s continuing war on whistle-blowers