Tag Archives: NSA

Federal Judge Pushes To Revive Fight Against NSA Surveillance

A federal judge expressed interest in advancing a lawsuit that challenges the constitutionality of the National Security Agency’s mass surveillance program.

U.S. District Judge Richard J. Leon laid out a strategy on Wednesday after the U.S. Court of Appeals for the District of Columbia Circuit lifted his December 2013 injunction blocking the NSA program on Friday.

[RELATED: Federal Court Rules To Uphold Bulk Spying]

The NSA’s massive surveillance program, which collects Americans’ phone records, was ruled illegal in May by a federal appeals court, on the basis that the NSA’s broad collection “exceeds the scope of what Congress has authorized.”

During a hearing on Wednesday, Leon encouraged conservative lawyer Larry Klayman, who initially brought the suit against the NSA, to amend his case to include customers of Verizon Business Network Services as well as ask a federal appeals court to dismiss an appeal on the case. Leon also noted the past ruling in which the appeals court found the NSA’s program illegal.

[quote_center]“This court has ruled. This court believes that tens of millions of Americans’ constitutional rights have been — and are being — violated,” Leon said. “If the court finds jurisdiction, I don’t have to write another opinion on the merits… It is written.”[/quote_center]

Section 215 of the Patriot Act, which was used to justify the NSA’s data collection, expired on June 1, and after debate as to whether the U.S. government should have any kind of surveillance program collecting data from innocent Americans, it was replaced by the USA Freedom Act.

Although the USA Freedom Act was presented as a law that would end the NSA’s data collection by putting bulk records into the hands of telephone companies, the Department of Justice filed a request asking the Foreign Intelligence Surveillance Court to continue the NSA’s collection for six months.

[RELATED: DoJ Asks Surveillance Court To Ignore Federal Court’s Ruling On Illegal NSA Spying]

The FISA Court approved the federal government’s request on June 29, reauthorizing NSA data collection through Nov. 29, 2015.

The upcoming due date is one that Leon mentioned during the hearing. He told Klayman that it is critical to move now due to the limited time window between now and November.

“The clock is running and there isn’t much time between now and November 29,” Leon said. “This court believes there are millions and millions of Americans whose constitutional rights have been and are being violated, but the window for action is very small – it’s time to move.”

Federal Court Rules To Uphold Bulk Spying

Three judges on the D.C. Circuit Court of Appeals decided to uphold the NSA’s bulk spying program, rebuking a 2013 ruling that disputed the program’s legality and called the technology “almost Orwellian.”

In the December 2013 ruling, Judge Richard Leon of District of Columbia’s Federal District Court wrote that the program was likely in violation of the 4th Amendment. The 2013 ruling was in response to a lawsuit filed by several plaintiffs and led by Larry Klayman, challenging the spying program. It was the first time that a public court had acknowledged a problem with the program’s constitutionality.

According to National Journal, the Republican-nominated judges ruled Friday that the plaintiffs challenging the program’s constitutionality do not have the “standing” to do so, and the ruling “reaffirmed Friday that the plaintiff did not demonstrate the ‘concrete and particularized’ injury required to be able to sue because he could not prove that his own metadata was caught up in the NSA’s dragnet.”

A separate ruling in May from the 2nd Circuit U.S. Court of Appeals had deemed the NSA’s data collection program illegal, but the FISA court was later authorized to continue the collection.

Due to the passage of the USA Freedom Act, the program is scheduled to end on November 29, 2015.

 

NSA Whistle-blower, William Binney, Says Agency’s Methods Make Us Less Safe

In a very powerful exclusive interview, I recently had the privilege of speaking to an American hero, William Binney, NSA whistleblower.

We discussed how NSA mass data collection makes us LESS safe; how the intentions behind it are not misguided but positively nefarious; how the lies that have been told about it are snowballing, and how Rand Paul presidential candidacy may uniquely represent an opportunity for change.

Click below for the audio – or read the astonishing transcript that follows.

ROBIN KOERNER: Welcome to a very important edition of Blue Republican Radio with Robin Koerner. This is all a more appropriate edition considering we have just had the 800th anniversary of the Magna Carta. We are going to be talking today to a man who, to me, is a hero. I imagine he is a hero to many of my listeners. We’ve all heard of Edward Snowden; maybe not so many of us have heard of Bill Binney – we should have – but Bill Binney is the NSA whistleblower of 2002, whom I will be speaking to today, and who performed a great service to our nation when he saw that the NSA was implementing a bastardized version of the technology that he created to protect to security and liberty of Americans – and he saw that that bastardized version was to be used en masse to violate the liberties and privacy of Americans.

Bill Binney – welcome to the show. Thank you so much; this is a privilege. Have I fairly characterized the trigger of your leaving the NSA of which you were a veteran for between 30 and 40 years?

BILL BINNEY: Yes, you pretty much captured it. I mean, when they started spying basically on everybody, first in the United States and then around the world on the entire planet, I mean, that’s something that violated everybody’s privacy and that’s something I couldn’t be associated with, so … I had to get out of there as fast as I could when that happened.

ROBIN: Now, your most senior title – if I can put it that way – at the NSA, and correct me if I am wrong, was Director of World Geopolitical and Military Analysis Reporting Group. Did I get that right?

BILL: Yes, that’s right. Yeah. About 6000 analysts doing all the reporting and analysis around the world.

ROBIN: And so that’s why when I say that it was really your technology, it was technology that you personally, directly managed the development of that is now being deployed – I would say – against United States’ citizens, would that be fair? As I say, a bastardized version with the protections removed.

BILL: Yes, that’s right.

ROBIN: Now, I know, Bill, that you have been asked in countless interviews (many of which can be found online and many of which are excellent) about the details, the factual details, of the violations; what it was that you saw; what you blew the whistle on; what’s happened to you since and I can urge all my listeners to go and check out those interviews and get those facts. It’s shocking and it’s important. As I say, this is important information that is out there in the public domain, thanks entirely in many instances to you. So I don’t want to cover the ground that I know you must’ve covered time and time again – with all these news stations. I am going to try and ask you something a little different. Maybe I’ll fail, maybe I’ll succeed, but I’d like to start off with this simple question because I am guessing you must have thought about this a lot. Why is it that agents…that the security agents on the one hand and our politicians on the other – so consistently want to violate our rights? What do they believe they’re doing? Are they badly informed good guys or are they just bad guys?

BILL: I don’t think it’s quite black and white like that, but if you stop and think about what they’re doing now: it’s like hiding what the government is doing. It’s like trying to keep what the federal government is doing secret from the people when, in fact, our founding principles were that people were supposed to know what the government’s doing not the reverse, and we’ve got exactly the opposite situation now.

ROBIN: Yes.

BILL: What it really boils down to, if you look down through history, this is nothing new. This is since Caesar Augustus. This kind of activity has gone on with central governments around the world with dictatorships and so on. Its whole objective is population control and also control of political enemies, who are people who are doing things that you don’t want to happen. So it’s a way of controlling the environment inside your country and also way of manipulating people. So, I mean, if you have information on everybody on the planet that means you might have material to blackmail them or influence them, one way or the other, to make a decision that you want them to make.

ROBIN: Do you actually think that kind of reasoning was going on in the heads of, let’s say, George W. Bush or Obama? Are they actually consciously thinking that?

BILL: Well, I think it started with Dick Cheney, yes.

ROBIN: Okay.

BILL: Yeah, I think it was because that’s exactly… I mean, Dick Cheney learned under Richard Nixon, and that was Richard Nixon’s policy and what Richard Nixon was doing with the programs, MINARETTE at NSA, COINTELPRO at FBI and CHAOS at CIA, is exactly what the three agencies are doing now under Bush and Obama. They’re doing exactly the same thing except orders of magnitude, more, more, more and in fact if you read the impeachment proceedings, or the articles of impeachment of Richard Nixon, you could apply them directly to what’s going on today.

ROBIN: Absolutely. Now, at least though on the surface, the likes of Cheney were telling us that he was doing it for our own good, obviously… Are you going so far as to say that you think that we are compromising liberty for security? We don’t agree with that, we don’t believe that is necessary, but is that even a cover? Was Cheney politically motivated for his own political ends rather than for a misguided notion of securing his country? Are you going that far?

BILL: I would. I mean, that’s the standard procedure that these dictatorships and despots down through history have always done. They’ve disguised everything in terms of “I’m protecting you, and I’m doing this in your interest” and when in fact they’re not, so, I mean, the Nazis used this. You know, down through history, lots of people have used this kind of attack.

ROBIN: So do you think…?

BILL: This is nothing new really.

ROBIN: Oh no, it’s absolutely not new. That’s clear. As you say, we see it throughout history. I was watching a clip of Obama on his podium a while ago saying different folks can make different decisions, and can argue about where we draw the line and how much we could compromise for liberty, for security. That’s very different from thinking that this guy is trying to collect something that he has a nefarious intention to use against political enemies. I mean, is it…? It just seems astonishing that there are so many evil people in one place, if indeed that’s true.

BILL: Well, I mean, look what the IRS did with the Tea Party or the Occupy group, what they did with them with the FBI and so on. All these organizations have direct access to this data in NSA databases. The IRS has direct access through the SOD and the DEA to get into the database of the NSA, showing the entire social network of everybody in the country, in fact, everybody in the world. Now, they’re supposed to be looking at it to find tax fraud or tax evasion or, you know, money laundering, things like that…but that’s not what they’re doing. They’re doing many other things with it… And the FBI is also doing things with it like they have direct access too, and none of this is being monitored or overseen by the congress or the courts or anybody. This is all done… You don’t hear anybody talking about what FBI is doing with the NSA collected data. That’s because they’re doing it in secret. I mean, they’re also using it to convict people of crimes, and that’s what they’re doing – they’re looking at it for criminal activity.

ROBIN: Okay.

BILL: But I also say that… It’s my personal opinion that they used this data to get rid of Elliot Spitzer when he was going after the bankers on Wall Street for defrauding people in the 2008 financial crisis. And so the probable cause to go after him was “he’s after the bankers, we have to stop him;” that’s the probable cause, so the FBI went into the NSA databases (emails, phone calls, you know, financial transactions – all of that) and found something to embarrass him and get rid of him.

ROBIN: Now, who…?

BILL: And that protected their bankers.

ROBIN: So what would be in it for the people who authorized that? Are you saying that they’re being paid off to abuse this information in this way? Is there financial gain?

BILL: Let’s put it this way: when Mueller of the FBI and Alexander of the NSA retired, they formed a cyber-security consulting group, and they were asking, if you remember, a million dollars a month for their consulting fees. After there was such a reaction to that kind of thing, they reduced it down to $600,000/month for their consulting fee. Well, I think I read somewhere in Washington Post – I believe – that their first customers were the bankers on Wall Street.

ROBIN: I see..

BILL: It does set a very bad image doing that. You see that gives the appearance of things. If you’re in government, that’s one of the one things you have to do is to always avoid even the appearance of a conflict of interest.

ROBIN: Yes indeed. Now, that would be for personal financial gain. In what ways, if any that you know about, has this massive body of information about all Americans that the NSA has collected, how has that been deployed for political purposes? I mean, do you know of any examples? I mean, it’s a big claim we’re making here.

BILL: Yeah, well, I mean, the direct use of it is the IRS gets the Tea Party.

ROBIN: And so who would have authorized that?

BILL: Well, the connection, at least from what’s come out so far from the investigation in congress, is that woman in the IRS (I can’t remember her name) had communications back to the White House.

ROBIN: Yes.

BILL: Don’t know who in the White House but somebody.

ROBIN: Wow. We’re going into break. We’re going into the break. Bill, we’ll come back and discuss this after.

[MUSIC]

ROBIN: This is Robin Koerner with Blue Republican Radio talking to an American hero, William Binney. William, we’ve talked a little bit about the political and personal gain that seems to drive, perhaps, the collection and abuse of data by the NSA. What about you…? I mean, you are a veteran of the agency. You were a very senior employee of America’s secret service. What motivates the folks who turn up to work every day, who aren’t maybe in the White House or in the IRS with decision-making power? They’re doing their jobs. They’ve got to know that they are engaged en masse in a violation of the basic principles of our nation. Are they just “jobsworths”? Do they just think the ideas of the Constitution are quaint and just not something to be bothered with – that they just don’t apply? Is there a certain personality type, is there a cultural issue that is enabling this, by inertia, to continue?

BILL: Actually, they’ve done some studies over the years in NSA the type of employees they have … If you’re familiar with the Myers & Briggs personal character traits.

ROBIN: Indeed.

BILL: And the testing that goes into that.

ROBIN: Yes.

BILL: I believe it came out at one point when they ran the test across the entire agency, they had 85% of the people in NSA working there were characterized as ISTJ. That means introverted, sensing, technical and judgmental.

ROBIN: Yes. Thinking and judgmental.

BILL: Yeah, these are the kind of people who focus on a job right in front of them. They like to isolate themselves, they’re not interactive with others that much, and so these are the kind of people that are easily threatened, which is what’s going on. Internally in NSA, they’re threatening them. In fact, the government’s threatening them, you know, across the board; that’s why Obama’s prosecuting so many people for whistleblowing.

ROBIN: Yes.

BILL: Because he wants to keep a secret government, keep everything secret and no transparency whatsoever, so to speak. You only become transparent when you’re exposed by a whistleblower and that’s what he doesn’t like, so you have to stop that and so that’s what he’s doing. Internally in NSA, they’re also threatening by saying (this is a Stasi tactic) ‘see something, say something’ of your coworkers, and you’re also responsible now to report your coworkers to internal security for any potential…another potential Snowden is what they’re after. But by doing that, they they’re making it totally… they’re totally destroying the work environment internally.

ROBIN: Yes.

BILL: I mean, how can you work with somebody who’s going to be watching you for everything you’re doing, and if you do something that they don’t like, they report you for it. So, I mean, it’s like the Stasi all over again.

ROBIN: Does this give you any – I know this is going to sound like a strange question, Bill – but does that fact give you any cause for optimism? In the sense that this is not a tenable situation in the long run. It doesn’t seem like it can go on indefinitely. Something has to break. Or is that just a naïve thought?

BILL: No, no, no. I think it is fundamentally destroying the work environment, and … you know, we’re paying over a hundred billion dollars a year to the intelligence community inside this country alone. Just ask yourselves, how many times have they warned us in advance of any of these attacks that we’ve been having. The answer is they haven’t, right?

ROBIN: But, but would we know? I remember Clinton, when he left office, saying that the secret services between them stopped some large number of attacks during his presidency. (I can’t remember what the number was.) And he actually did put a number out and it was quite significant. So would folks within the NSA, the CIA, the FBI – I mean, the people who are using these data – would they agree with you or would they just say that Bill’s factually wrong; that we’ve stopped 15 attacks in the last 3 years because, you know, of this information? Would they say that?

BILL: I mean, if you recall Senator Leahy’s investigation into that. Originally, they started claiming there were 54 attacks they stopped, and when the judiciary committee looked into it a little further, they found out, well, the number dropped down to 30-something and then 13-something, and then down to 1.

ROBIN: Right.

BILL: And the 1 they gave was the guy from in the West Coast or somewhere over there in the West Coast who sent $8500 to Al-Shabaab. Well, look at it this way: when you transfer that money, one end is in Africa, so it is not a domestic issue. So zero attacks domestically have ever been prevented. That is the whole point of it. When they came under real scrutiny, they claim any number of things, but as long as you don’t put them under the sunlight and examine what they’re saying, they’re lying to you. I mean, they have a track record of lying to you. Clearly, look what Clapper said, look what Alexander said in front of congress. I mean, they lied to congress, don’t you think they lie to us?

ROBIN: Sure.

BILL: Then congress lies to themselves; that’s what’s going on. That’s why the Amash-Conyers group coalition – that wasn’t even a committee – of Democrats and Republicans got together to try to unfund the NSA activity a year ago. And the reason they did that was because they finally realized that they were being lied to by the committees and by the agencies and by the administration.

ROBIN: So, do we have to…?

BILL: Well, I mean, the whole point was all of this activity was done in secret with a secret court behind closed doors and they were trying to keep an uninformed public and an uninformed congress, so they could manipulate them and pull their strings and say “do this and do that and if you don’t,” you know, “thousands of people are gonna die and this….” And that’s the threat they generally throw out.

ROBIN: So what do you think is the end of all of this? I mean, are there any systemic or systematic ways that We The People or maybe good politicians – if there are such things – can undo this? Or do we actually have to wait for it to eat itself because some of our political class are using this abusively derived information against others in the political class, and they tear themselves apart such that, like you say, eventually the higher-ups even get hurt by this. Is that what happens or is there something that we can do to accelerate the end of this nefarious setup?

BILL: Yeah, well, I think there is. It requires that people stand up. I mean, most people think they are powerless, but they’re not, they have all the power. I mean, they have the power of the vote that fires everybody, and they also have the power of the purse of not giving money to them and also you can influence corporations by saying if you contribute to them, I’m not going to buy your products anymore. Or you can call up your candidates or people running for office and say: ‘if you don’t do this, I’m not going to contribute to you, in fact, I’m going to work against you and contribute to the other side and try to find somebody who’d actually try to terminate this activity.’ The only one so far in congress that seems really willing to stop it all is Rand Paul.

ROBIN: Yes.

BILL: The rest of them seem to be going along with it, and they’re being duped too because they don’t know what they’re talking about. They’re just misinformed or ill-informed about what going on. They don’t really realize that you don’t have to sacrifice any privacy to get security.

ROBIN: And that’s the point that you’ve been making. Soon after you blew the whistle, I know you went to quite some lengths to get people with decision-making power and even the judiciary to understand this fact: that it’s just a myth that we need to trade our liberty/privacy to get our security, right?

BILL: That’s right. The difference is that the path they’ve taken is, like Alexander said, ‘we’re gonna to collect it all.’ Well, that path means it’s an ever-increasing amount of data that you have to collect year after year. That means you’ve committed yourself and congress and the people of the United States to committing more and more money every year to keep up with that ever-increasing amount of data. And so, you have to invest more, the budget grows, you know, you get a bigger budget. And as that grows also, you have to find places to store it so you now have to build more storage facilities like on Fort Meade they’re planning a 2.8 million sq. ft. facility coming up here. We know this because they submitted an environmental impact statement talking about it. So we know they’re putting this huge facility that is 3 times the size of Bluffdale.

ROBIN: That’s the facility in Utah, right? The data storage facility in Utah?

BILL: Yes, the Bluffdale, UT, facility. Yeah, that’s a million sq. ft. facility – this one is 2.8, so that is close to 3 times the size and it’s going on in Fort Meade. Well, you figure it’s going to take 5 or maybe a little more than 5 years to build that and $4bn or $5bn so that’s more to the budget. So once you do that, then you have to capture all the data, needs more communications are transported into the storage and then you have to have more contractors to manage the data and to manipulate it for the analysts, and you need more analysts and so on. So you see this is how you build a big empire, but in the process you sacrifice the ability to do the mission.

BILL: When you lose the professional focus and discipline of finding the targets and finding the bad guys…

ROBIN: Bill, we’re going into the break, so we’ll carry on when we come back…

[COMMERCIAL BREAK]

ROBIN: This is Robin Koerner with Blue Republican Radio, talking to William Binney, NSA whistleblower back in 2002, and he’s been working hard since to get the word out about just how horrendously the government through its secret agencies are violating the rights of Americans. And Bill, I’m sorry. At the end of the last segment, the bumper music there cut you off, and you were in the process of making a critical point about how the more we take in, the worse becomes our ability to actually use the information that we do take in for the benefit of our security.

BILL: Yes. See the point is: the more data you take in, the more you have to look at or sort through or have programs going through to find information. And they don’t have automated analysis programs, so what they do is they do sort routines or selection routines that will pull data out and will give it to much like a Google search, and then they will return that to the analyst to look at, to try to figure things out. Well, I mean, when you take in the entire world and all the contents and metadata of everybody on the planet, you end up with massive amounts of data like a standard Google query, except probably worse than that because they’ve got more data than Google does. See, they have all the transactional data, which Google doesn’t have, so… Google only has a limited amount. In the Google returns, you can get 100,000 to 1 million or 2 returns, and if you get that every day, your analysts could never get through it, so they never really find necessarily what is important to look at.

ROBIN: Yes.

BILL: And another way to look at it is: if you require your analysts to look at everybody in the planet, which is about 4 billion people using electronic devices. Then, assume if you had all these countries —the “Five Eyes,” and the other 8 countries that are participating with the NSA in this kind of data (acquisition and analysis) – then perhaps you could assemble 20,000 analysts among all of them. Once you have that, then you have to divide the 20,000 into 4 billion that means each analyst, if you could uniquely divide it up, would have to monitor 200,000 people. That’s like a, you know, fairly good-sized city.

ROBIN: Yes.

BILL: So it’s kind of hard to imagine how any analyst could possibly do that, so by taking this approach instead of using a disciplined, professional attack, they have made their analysts totally dysfunctional and they can’t succeed. Case in point: the shooting in Texas. Two days before those two gunmen tried to get in to kill people and that cartoon contest down in Texas, a member of Anonymous tipped off the local police that this attack was going to happen two days in advance of it. Now that’s what our intelligence community is supposed to do, but our intelligence community said absolutely nothing. Why? Because they’re looking at massive amounts of people. They don’t have the focused look that Anonymous did.

ROBIN: Yeah.

BILL: If they took that approach, they would succeed virtually every time. I don’t know how they could miss it.

ROBIN: Now, does this tie into what you were saying earlier then, Bill? I mean, you would think that the NSA, out of some form of self-interest, would want to improve their methods so that they could be more successful. Is the reason that they don’t do that – they would rather use this catchall that is failing – because the catchall-that’s-failing method is actually better for the political blackmail, etc., etc., and the self-interest of the higher parties that you mentioned earlier? Is it that they actually don’t really care about the success of their methods in terms of American security, but they have a different agenda altogether? Is that why they stick with it?

BILL: Yes, yes. That’s exactly what, from what I’ve seen, is what they’ve done.

ROBIN: Wow!

BILL: They traded the security of the people of the United States and the free world and our allies around the world for money… The whole idea is that to do a focused, disciplined approach doesn’t cost anywhere near the amount of money, nor would you need any of the storage. They wouldn’t have to build that facility; they wouldn’t have had to build that facility in Bluffdale. There is a money interest to get a bigger budget and a bigger operation so that you can manage more. That’s what their focus is, and they basically assume that if they collect it all, eventually down the road somebody’ll figure out how to get through it and work out things that are smart. And they’ll have algorithms go through it and figure it out for us. So eventually they’re planning somewhere down the road, but in the meantime we’re all vulnerable and much more vulnerable than we’ve ever been.

ROBIN: That makes a lot of sense, Bill. Would you say, again based on your experience with the internal culture of American secret services and of the people that you worked with, that the culture morally corrupts folks? I imagine a lot of people go in to, as I think you did, this work because they’re patriots: they care about their fellow Americans; they care about their country, their people; and they want to do the best they can – they want to apply their skills for the good of their nation. Now, they get in to that culture and they see that the driving intentions aren’t what they thought they were. That there are other interests being pursued. Do many folks get corrupted within the organization?

BILL: Yes. As a matter of fact, I refer to that process as the “cloning process.”

ROBIN: Okay.

BILL: Once you get into management, say it’s a GS-15 starting, maybe 14 – but 15 you really get into. Then at super grades, you’re really being cloned into corporate thinking. I refer to it as “corporate über alles.” It’s like when they had so many programs running that we call “legacy programs,” things that existed. Then, they need get any new ideas to be dependent on the things that they’ve got running already, so they could keep those things funded.

ROBIN: Right. Okay.

BILL: That’s the whole thinking, the whole process of how you build your empire and require more and more money to sustain it.

ROBIN: Yeah.

BILL: That’s really what they’ve been doing, and instead of taking new, fresh approaches, they’ve resorted to trying to sustain everything they’ve got and that they developed over time – even some of the analog systems. It’s just a, you know, a whole way of thinking from a corporate perspective…

ROBIN: That’s fascinating.

BILL: … that doesn’t necessarily have any influence on mission outcomes. In fact, it’s contrary to it. In fact, when I joined the agency, the values of the agency were mission first, then your people, then your organization, and then yourself. And when I left, they were exactly the reverse.

ROBIN: Hmm…okay. That makes sense.

BILL: The mission is last in line for values.

ROBIN: Yeah. Okay, I understand. Interestingly, earlier in the interview –you mentioned Rand Paul, and I want to just ask you a little bit about that because I know for a lot of folks who identify with the liberty movement, there’s a certain hopelessness about the electoral process. They believe that any application of people-power to the electoral process is basically hopeless because that process is hopelessly corrupt. Now, is it fair to say that – given that you offered the name of Rand Paul – that you believe, that you apply effort to supporting candidates like him, to shining the light on candidates like him, and that you think it is worth turning out to support folks like Rand Paul – and that it is possible, at least in theory, that a Rand Paul presidency would not become corrupted in the same way that a George W. or a Barack Obama presidency did? Do you believe that?

BILL: Yes, I do because…actually I’m trying to help as much as I can. I mean, if he gets the right advisors and doesn’t fall for the bamboozling of the intelligence community, then, he would have it right, and I believe that he will not fall for that. At least, so far, he’s evidenced the fact that he wouldn’t. He’s made it pretty clear that all the existing laws that we had would function well as long as we abided by the constitution.

ROBIN: Yes.

BILL: He’s advocating for more intrusive investigation of people who are suspect or in a zone of suspicion around bad guys.

ROBIN: Yeah.

BILL: That’s the disciplined, professional approach that really we need to succeed, and he’s got that focus and he said that on the floor of the Senate in his filibuster basically for 11 hours down there.

ROBIN: Yes.

BILL: He said that, and that’s really pretty clear. I mean, that’s really the way they have to do it. That’s the way Anonymous did it; that’s why they succeeded.

ROBIN: Yeah.

BILL: Our intelligence community is consistently failing on that. I mean, the FBI is really good at entrapping people, but, you know, those aren’t the real threats. I mean the real threats that were coming – fundamentally, most of them succeeded. The ones that failed failed because their devices failed, you know, or some local policeman saw them and stopped them.

ROBIN: Yeah, that makes sense.

BILL: So that should be clear evidence that they’re doing something wrong. I mean, after all, if you’re running an organization that’s not succeeding, you’re doing something wrong. You’ve got to change. That’s really pretty simple.

ROBIN: Now, the beginning of that answer, Bill, just to make sure that I was clear. Did I hear you say that you were advising Rand Paul or talking to him about these matters?

BILL: Yeah, we’re passing advice to people who are working with him…

ROBIN: Okay.

BILL: … so that we can try to contribute to him that way.

ROBIN: I see. That makes a lot of sense. And I should say — full disclosure — I’m the communications director for Ready for Rand PAC at www.readyforrand.com . So I’m actually delighted to hear that you, one of my heroes, is helping Rand. And, actually more importantly to me, I haven’t sat down across the table with Rand Paul and looked the man in the whites of his eyes, and I think it’s always important to do that. So I do feel a little better that you feel that he is a man of integrity and that you could even see him, in your mind’s eye in office, maintaining that integrity and his belief in the constitution. I certainly hope you’re right about that. Now, what about other political engagement? It amazes me and I’m British – as you can tell from my accent, Bill – but it kind of amazes me just how much we now know in the United States about the abuses of individual liberties and, yet, nobody seems to be marching in the street. Nobody is handcuffing themselves to the diggers in Utah building – this massive institution for violation of American rights. Are Americans apathetic? Are we antipathetic? Are we … should we be out in the streets, let’s say, exerting our Second Amendment rights at this point? What’s wrong with us, Bill. What’s wrong with us?

BILL: Okay, I think there are several things, and I said some of this in different meetings and talks and interviews.

ROBIN: Sure.

BILL: We are, we are… We’ve been for the last about 240 years very accustomed to having a country, a government that does the right thing. We wear the white hats; they try to do the right thing by us, and they try at least to be, for the most part, honest with us. And so, we have built up this internal trust in our central government to do the right thing or to try to do the right thing. That’s because we haven’t had a dictator here since George III, I might add. And so what we ended up doing, as I keep saying over and over again, what we ended up doing was trading George III for George the W. And so from there on, it went worse.

ROBIN: And you know I’ve said often, Bill, that George III never signed an executive order in his life. And to find the last English king that signed an executive order, you actually have to go back an entire century before the George III and to get to James, who was actually kicked out for his one executive order. So, I think I’ve got to say: I think our President is more of a monarch, and maybe even in the terms we’re discussing a dictator, than ever George III was.

BILL: I’m basically referring to it now as an imperial presidency.

ROBIN: Indeed.

BILL: For that reason, I mean, because everything is so secret and they don’t want it out in the open and they can’t, you know… they say the right words in public: ‘yes, we wanna have a… it’s not time to have an open discussion about this,’ but they’re not open at all about it. I mean the biggest thing they’ve not talked about is that all of the contents of the communications (emails and phone calls) that they’re doing now. Recently in The Intercept, they published some articles about using automated translations to do some rough translations of voice calls. Well, that means they’re doing it on the orders of millions of calls every day. They’re doing rough translations just to get words out to see if there is some word that might hit their list that they might want to look at that conversation a little more closely. Then they’ll use people to do a full transcription.

ROBIN: Yeah.

BILL: This is basically what I think Adrienne Kinne and David Murphy-Fawkes were doing at Fort Gordon, GA. They were transcribers doing transcriptions of US communications with other US people without a warrant, and according to FISA, those were federal felonies. That was also true when Tom Tamm — Thomas Tamm who was a DOJ lawyer — who was charged to write up request for warrants to the FISA court. And he saw all these warrantless wiretaps and warrantless reading of emails coming through as justification for probable cause. They should have gone through the FISA court, and here they were using the data that they already collected to go through as justification for probable cause to get a warrant from the FISA court. So you know, this is the collection of content that’s been going on all along – even the latest 5IG report came out at the bottom of page 8, the top of page, it says in there where Addington told General Hayden of NSA that (this was in the first 45 days of the authorization of 4 October, 2001, of the President).. he was telling Hayden that the President’s authorization authorized him to collect content of US citizens as well as metadata.

ROBIN: Wow.

BILL: So, I mean, this is the whole point that this has been going on all along and they keep claiming they’re not doing content and that’s just an outright lie.

ROBIN: Presumably, though, there’s also just a very simple motivation about this, which is nobody wants to be caught with their pants down, right? Nobody wants to have been caught in the lie, so we’re now in this kind of rut of having to build lies on lies on lies.

BILL: Right. And then everybody is involved so they all have to support it like McConnell in the Senate, all the leadership in the house and senate, the FISA Court, and the intelligence committees, and the Attorney General. They’re all a part of it, so they have to support it.

ROBIN: Now we’ve only got about a minute left in this segment, Bill, but do you think there is a change in zeitgeist now either among the People or the political class or both? Back towards individual rights? Rand Paul did do his filibuster. We got the USA Freedom Act –not ideal—but is it a step in the right direction? Or is it a whitewash? And again, we’ve only got about 45 seconds left, but what do you think about that?

BILL: It is basically a step in the right direction, but by no means anywhere near something that really, I mean… they’re only doing the surface stuff. They already have separate programs already acquiring most of that data any way. In the upstream acquisition of data, that’s where they’re tapping directly into the fiber lines and taking everything in bulk (content and metadata). For metadata, they probably get about 80% of it with the upstream program, and the Section 215 stuff was illegally acquired but it was the extra 20% that they were missing from the upstream, so it really doesn’t do that much. We need to do a lot more.

ROBIN: Thanks, Bill. We’re going into the final break. This is Robin Koerner with Bill Binney on Blue Republican Radio.

[BREAK]

ROBIN: In the final segment, I just want to ask you, Bill – and thanks again for being here with me on Blue Republican Radio — is it worse in America than everywhere else or is everywhere else catching up? Is this an American anti-civil liberties disease or is it a global one?

BILL: Well, it started all here within the US and it focused on US citizens. Then it spread around the world for the US to do it, but also at the same time the Five Eyes group (Canada, UK, Australia, New Zealand, and the US) went together on this and then other countries were joining it. So that you see that they’re all adopting the same procedures of bulk acquisition of data and information and using it to share…and they’re sharing it back and forth. Just recently the Bundesamt found out that the B&D, the equivalent of the NSA and CIA over in Germany, was also sharing data with NSA, and collecting data on their own citizens. So it’s really a worldwide process that started here but is infecting entire governments, democracies around the world as well. And so it’s really destroying the entire fabric of democracy everywhere on the planet. I mean, Ronald Reagan used to say that “we’re a country with a government,” well, now we’re a government with a country and we’re making everybody else that way too.

ROBIN: My god. That seems to be such a depressing note to end on. I would just say… I mentioned at the beginning of this show that we’ve just marked the 800th anniversary of the Magna Carta. In history, some things keep repeating themselves, and my little contribution to this was to set up at www.magnacarta.us — and I invite any of the listeners to go to magnacarta.us. I have rewritten the Magna Carta for our time in which I’ve listed to a set of grievances and made a set of demands, of those who would rule us, to undo some of the extreme violations of the basic individual liberties that we’ve been fighting for 800 years but are now undergoing in this country, and – if you have been listening to Bill, are affecting citizens around the world. Also, if you care about these issues, please go to www.bluerepublican.org , stick your name in the box, and join the mailing list. Check out the archives: we have some fantastic guests; we discuss issues like this a lot. We had Coleen Rowley, the 2002 Time Magazine Person of the Year, discussing similar issues recently – check that out in the archives. Bill, thank you very much for being with me on Blue Republican Radio.

(With thanks to Hema Gorzinnski for transcribing.)

U.S. and Europe Investigating Possible New NSA Whistleblower

New documents from the National Security Agency outline how the agency was spying on the most profitable companies in France for “economic intelligence” purposes.

The documents were shared with French outlets Libération and Mediapart, via WikiLeaks. The NSA was interested in companies that signed high-priced export contracts for industrial goods. France’s security agency Anssi said the agency may have spied on hundreds of companies.

TechCrunch reported:

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

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

The latest document dump comes one week after WikiLeaks released documents proving that the NSA spied on France’s most recent presidents, including Jacques Chirac, Nicolas Sarkozy and François Hollande.

Hollande said the spying was “unacceptable”. RT reported that the French justice minister said WikiLeaks founder Julian Assange and NSA whistleblower Edward Snowden could be offered symbolic asylum in the country.

Following the recent leaks, officials with the U.S. and Europe announced an investigation into the existence of second NSA whistleblower.

Reuters reports:

“The U.S. and European sources cautioned that they did not know for sure that Assange (Julian Assange, founder of WikiLeaks) had developed a source other than Snowden inside U.S. intelligence. Assange has been in contact with associates of Snowden and helped arrange for him to flee from Hong Kong to Russia, where he was later granted asylum.”

The existence of a second whistleblower was first noticed in late July 2014 as a 166-page document related to terrorism watch lists was released through The Intercept. TruthInMedia reported on the second whistleblower in October 2014:

“Michael Isikoff reported for Yahoo! News that the FBI searched the home of  a federal contracting firm employee suspected of being the source of documents provided to Jeremy Scahill, Ryan Devereaux and The Intercept. Scahill, Greenwald and film-maker Laura Poitras are the editors for the adversarial journalism site The Intercept, founded in February. Isikoff says that federal prosecutors in Northern Virginia have launched an investigation into the situation.

The document could not have come from whistleblower Edward Snowden, as it is dated August 2013, after Snowden left for Russia. At the time The Intercept only referred to the whistleblower as “a source in the intelligence community”.

The documentary Citizenfour also confirms the existence of the latest whistleblower. The film details the story of whistleblower Edward Snowden and his efforts to contact Laura Poitras. In the film journalist Glenn Greenwald tells Snowden about the second source.”

Whether a second whislteblower exists or may have already been arrested by the authorities remains to be seen. Americans concerned with the loss of privacy and growing surveillance state should remain vocal supporters of Edward Snowden and other whistleblowers that put their lives on the line in an attempt to reduce government tyranny.

FISA Court Renews NSA Collection Of Phone Records

The NSA has been authorized to resume bulk collection of American phone records while expired Patriot Act provisions give way to modified data collection practices under the USA Freedom Act.

According to an order on Monday by the Foreign Intelligence Surveillance Court, the federal government’s request to renew dragnet data collection of U.S. phone metadata until November 29, 2015 was approved. As the Freedom Act reportedly prepares to implement limitations regarding some aspects of NSA surveillance, the legislation provides a “transition period” in which the NSA will be allowed to temporarily continue its controversial data collection practices that a federal appeals court had declared illegal in May.

[RELATED: Federal Appeals Court Ruling: NSA Data Collection Is Illegal]

“This application presents the question whether the recently-enacted USA FREEDOM Act, in amending Title V of FISA, ended the bulk collection of telephone metadata. The short answer is yes. But in doing so, Congress deliberately carved out a 180-day period following the date of enactment in which such collection was specifically authorized. For this reason, the Court approves the application in this case,” stated the order.

The Department of Justice had filed a request in June seeking to continue bulk data collection. The request, written by Justice Department national security chief John Carlin, cited the Freedom Act’s “orderly transition” clause and appeared to be asking FISA to ignore the May appeals court ruling.

[RELATED: DoJ Asks Surveillance Court To Ignore Federal Court’s Ruling On Illegal NSA Spying]

“The Second Circuit’s recent panel opinion in ACLU v. Clapper, No. 14-42 (2d Cir. May 7, 2015) does not bar this Court from authorizing the production in bulk of call 6 detail records, notwithstanding its holding that Section 1861 does not authorize the bulk production of call detail records,” Carlin wrote in the June 2 request.

 

 

Federal Judge Investigates Destruction of Evidence in Whistleblower Case

Earlier this month a federal judge launched an investigation into allegations that the U.S. government may have illegally destroyed documents related to the leak investigation of whistleblower Thomas Drake.

Drake is a former senior executive with the National Security Agency. Beginning in 2010 he was the focus of an investigation for allegedly leaking documents to the media. Drake, however, believed he was being targeted for speaking out against the Trailblazer and ThinThread programs, which he said were violating the privacy of innocent people.

The veteran of military and government then decided to pursue the standard channels for filing complaints. He complained to his bosses, including the NSA Inspector General, the Defense Department Inspector General, and both the House and Senate Congressional intelligence committees. Eventually Drake would work with journalists to get the story out and in 2007 his house was raided by the FBI.

Although Drake would eventually be cleared of all 10 original charges and charged with a single misdemeanor, the court found that Drake was not being targeted by the government. However, In early June 2015, U.S. Magistrate Judge Stephanie Gallagher launched an investigation into claims made by Drake’s lawyers. His defense says that the Pentagon inspector general’s office destroyed evidence during the criminal prosecution.

McClatchy first reported:

“In a May 13 letter, Gallagher told Justice Department lawyers that the judge who had presided over the case asked her to evaluate the allegations from Drake’s lawyers “for further investigation and to make recommendations
as to whether any action by the court is warranted or appropriate.”

The allegations raise new questions about a prosecution that had been excoriated by the presiding judge after the Justice Department’s case against Drake unraveled and resulted in the former senior NSA official pleading guilty to a misdemeanor charge.”

Despite rejecting Drake’s claims of retaliation by the government, the inspector general’s office only looked at two of the 10 years of alleged retaliation.

Jesselyn Radack, national security director with the Government Accountability Project and Drake’s current lawyer, told McClatchy her client is “grateful that the court sees this as serious enough to look into. The fact that there is a court-ordered investigation is a partial vindication.”

The Justice Department claims that documents that were destroyed were done so “pursuant to a standard document destruction policy.”

Radack wrote to the judge regarding the alleged document destruction policy, stating, “I investigated the destruction of documents and learned that the (the Pentagon inspector general’s office) does not have a document destruction policy. Rather, (the inspector general’s office) has a Records Management Program, which dictated that the documents should have been retained.”

DoJ Asks Surveillance Court To Ignore Federal Court’s Ruling On Illegal NSA Spying

Hours after President Obama signed the USA Freedom Act, which would continue the National Security Agency’s mass surveillance program, while transferring its bulk data collection to private phone companies, the Department of Justice filed a request asking a FISA court to continue the NSA’s collection for six months.

The request, which was filed with the Foreign Intelligence Surveillance Court on June 2, asked the Court to “approve the Government’s application for the bulk production of call detail records for a 180 day transition period,” claiming that this request is appropriate, despite the fact that on May 7, a federal appeals court ruled that NSA spying is illegal.

In the request, which was written by Justice Department national security chief John Carlin, the USA Freedom Act’s six-month “orderly transition” clause is referenced, but Carlin does not address whether the clause still applies now that the program was supposed to have shut down completely at midnight on May 31.

The NSA’s mass surveillance program, which was allowed under Section 215 of the Patriot Act, became illegal at 12:01 a.m. on June 1, when the section expired. GOP Presidential candidate and Sen. Rand Paul (R-Ky.) led the campaign to block a direct extension of Section 215, and took to the floor of the Senate for 10 hours and 30 minutes to speak out against NSA spying.

The Guardian noted that Carlin also suggests that the Obama Administration “may not necessarily comply with any potential court order demanding that the collection stop,” and might “seek to challenge the injunction.”

“In the event an injunction of some sort were to issue by the district court,the Government would need to assess, in light of the nature and scope of whatever injunction the district court issued, its ability to carry out authority granted under an order issued by this Court,” Carlin wrote.

A report from the Washington Post in Jan. 2014  found that after analyzing 225 terrorism cases inside the United States, the NSA’s bulk collection of phone records “has had no discernible impact on preventing acts of terrorism.” 

In the request, Carlin claimed that although the DoJ has considered the Federal court’s ruling on NSA spying in its evaluation of the government’s application, “Second Circuit rulings do not constitute controlling precedent for this Court,” and they are requesting that the NSA’s bulk data collection program continue, even though the majority of the data collected “ultimately will not be terrorist-related.”

Walker or Bush: What difference does it make?

Wisconsin Governor Scott Walker innocuously popped up and was thrust upon the 2016 Republican Primary stage seemingly out of no where. He hasn’t even announced, and he tops multiple polls across the country.

His greatest asset is also his greatest weakness. Most people have no idea who he is with regards to policy. In virtually every poll that is conducted, the majority of voters say they do not know enough about him. So, he tops the polls, but people don’t know enough about him? Says a lot about American voters. While this gives his campaign advisers the opportunity to mold Walker however they like, come debate time, he will face quite a challenge trying to hide behind his newly crafted image.

Most of Walker’s support seems to come from conservatives. Not Republicans, but conservatives. The same conservatives that disdain Bush seem to like Walker, which is quite odd, given that they have virtually identical policies. Unless, of course, Walker pulled a Romney and flip flopped.

The Supreme Court could soon be dealing a critical blow to Obamacare. Conservative candidates like Sen. Rand Paul and Sen. Ted Cruz want a total repeal. Meanwhile, Walker says that Congress should fix Obamacare if the Court dismantles the law, which puts him in line with Washington’s establishment Republicans. Oh, and let’s not forget the fact that Walker went against the wishes of conservative legislators in Wisconsin and implemented Obamacare. Conservative Wisconsin State Sen. Lasee once noted that Walker was not serious about fighting Obamacare, protecting state sovereignty and healthcare freedom. This alone proves that Walker simply doesn’t understand the constitutional and economic impact of Obamacare. But wait… there’s more.

On immigration, Walker and Bush both support amnesty. In 2002, Walker signed a resolution urging Congress to support amnesty legislation. Of course, as of late, he has had a change of heart.

President Bush brought us the Patriot Act and NSA. President Obama put it on steroids. While conservative candidates like Paul maintain that we can fight terrorists without allowing President Obama’s NSA to shred the Constitution by spying on every single American citizen, Walker and Bush (Jeb) have pushed hard for full re-authorization of the Patriot Act and NSA spying.

War in Iraq? Jeb Bush and Lindsey Graham are hungry for more war. Unsurprisingly, Walker is supportive of another “full blown invasion of Iraq”.

Jeb Bush makes no apologies for his love of Common Core. He is one of its biggest proponents. Scott Walker is also a huge supporter of Common Core. He now says he is against it, but a simple look at Wisconsin education laws prove he has purposefully done nothing to get rid of Common Core. After all, he is the one who brought it in. He now maintains that the state allows local school districts to “opt-out”, but cash hungry locals never opt out of federal money. Anyone inside the beltway of state or federal politics knows that Walker’s latest flop against Common Core is nothing more than theater to pander to conservatives.

So, there you have it. Common Core, Obamcare, NSA spying, foreign policy and immigration are five of the biggest issues on GOP voters’ minds. Where exactly are Scott Walker and Jeb Bush different on any of these issues?

Not to worry. Walker took it upon himself to redefine what it means to “flip flop” on an issue so that the term no longer applies to him. Lucky dog.

So, Walker or Bush?

In the words of Hillary Clinton, “What difference does it make?”

Peter King Praises Ted Cruz For Supporting NSA Spying

It’s no secret that Congressman Peter King (R-NY) disdains Republican Kentucky Senator Rand Paul’s staunch defense of the 4th Amendment when it comes to NSA spying on American citizens.

King takes any chance he can get to jab Paul. Never mind the fact that the most recent round of polling proves Paul is right to defend the 4th Amendment over NSA spying. The majority of Republicans and independents say they do not support the collection of data by the NSA.

Regardless of his hatred for Paul, King has found a new and unlikely friend in the Senate, Senator Ted Cruz (R-TX).

Paul and Cruz are both declared candidates for the 2016 GOP presidential nomination. While Paul has remained a strong opponent of the NSA, Cruz has waffled back and forth.

“I don’t often do this but thanks to Ted Cruz for voting to continue NSA surveillance. Too bad Rand Paul didn’t have the same good sense” -Congressman Peter King

After a recent round of voting on NSA mass surveillance programs, King took to Facebook to sing Cruz’s praises.

Mitch McConnell: Freedom Act Is A Victory For Snowden And For Those Who Plot Against The U.S.

After the USA Freedom Act passed in the Senate on Tuesday, 67-32, Senate Majority Leader Mitch McConnell (R-KY) addressed the bill’s passage, and shared his thoughts on its impact.

While McConnell opposed the USA Freedom Act, which was created to maintain the NSA surveillance powers that expired with Section 215 of the Patriot Act at 12:01 a.m. on June 1, he was on the opposite end of the debate from his fellow Senator from Kentucky, Republican Rand Paul.

Although both Senators were against the USA Freedom Act, Paul led the campaign to abolish NSA surveillance altogether, and McConnell pushed for a “clean” extension of the Patriot Act.

The National Security Agency’s massive surveillance program was exposed by former NSA contractor Edward Snowden in June 2013. While advocates of the USA Freedom Act presented it as a bill that vindicated Snowden by reforming NSA surveillance, those in opposition noted that the act wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

On the Senate floor, McConnell quoted an article from the Associated Press, which called the passage of the USA Freedom Act a “resounding victory for Edward Snowden.”

“Those who reveal the tactics, sources and methods of our military and intelligence community give playbook to ISIL and al-Qaeda,” said McConnell, who went on to say that not only was the USA Freedom Act a “resounding victory for Edward Snowden,” it was also a “resounding victory for those who plotted against our homeland.”

Although the Washington Post reported in Jan. that the NSA’s bulk collection of phone records “has had no discernible impact on preventing acts of terrorism,” and the NSA’s mass surveillance was recently ruled illegal by a federal appeals court, McConnell defended the program.

“Nobody’s civil liberties are being violated here,” McConnell said, regarding NSA surveillance. “The president’s campaign to destroy the tools used to prevent another terrorist attack have been aided by those seeking to prosecute officers in the intelligence community, diminish our intelligence capabilities, and despicably to leak and reveal classified information, putting our nation further at risk.”

When the Senate passed the USA Freedom Act on Tuesday afternoon, it approved the same version that was previously passed in the House of Representatives, despite the fact that both McConnell and Paul requested amendments to the bill.

A debate was held over possible amendments on Tuesday, and while McConnell struck down the nine amendments presented by Senator Paul and Sen. Ron Wyden (D-Ore.), he did bring up four amendments of his own, which were all rejected.

UPDATED: Senate Approves House-Passed USA Freedom Act, Sends Bill To President Obama

UPDATE: 10 p.m. Eastern – President Obama signed the USA Freedom Act on Tuesday evening.

A statement was released on Twitter, prior to the signing, in which Obama called the time between when the NSA surveillance powers under the Patriot Act expired, to the time when the Senate passed the USA Freedom Act, resurrecting those powers, a “needless delay and inexcusable lapse in national security authorities.”

In the statement, Obama also said he was “gratified Congress has finally moved forward” with what he called “sensible reform legislation.”

4:20 p.m. Eastern – On Tuesday afternoon, the United States Senate rejected any amendments to and ultimately passed the version of the USA Freedom Act passed by the House of Representatives. The USA Freedom Act, which revives some of the NSA surveillance powers that expired with Section 215 of the Patriot Act on June 1, was passed in the Senate with a final vote of 67-32.

The USA Freedom Act was created as a substitute for Section 215 of the Patriot Act, which expired at 12:01 a.m. on June 1. The controversial Section 215 was used by the National Security Agency to justify its bulk collection of Americans’ data.

Advocates of the USA Freedom Act presented it as a way to curb the powers of the NSA by transferring the bulk collection Americans’ phone records to private companies. However, those in opposition noted that it wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

The House of Representatives passed the USA Freedom Act with an overwhelming vote of 338-88, the bill failed to reach the 60-vote threshold needed in the Senate on May 22, with a 57-42, following a 10-hour and 30-minute speech from Sen. Rand Paul (R-Ky.), who has led the campaign against both the USA Freedom Act, and an extension of the Patriot Act.

Following a weeklong recess, in which many lawmakers vowed to lobby for the three votes needed to pass the USA Freedom Act, it was advanced in the Senate on Sunday, with a vote of 77-17.

The USA Freedom Act was advanced once again on Tuesday morning, with a vote of 83-14. A debate was held over amendments, and while Senate Majority Leader Mitch McConnell struck down the nine amendments presented by Senator Paul and Sen. Ron Wyden (D-Ore.), he did bring up four amendments of his own, which were all rejected.

The bill will now be sent to President Obama, who strongly encouraged the Senate to approve the House-passed version of the USA Freedom Act, without adding any amendments and delaying the reinstatement of the NSA’s surveillance powers. According to the bill, the government will continue to collect Americans’ bulk data for the next six months. After that, phone companies will keep Americans’ phone records, and government officials will have to receive a warrant to gain access to the records.

Senate Advances USA Freedom Act, Begins Debate On Amendments

On Tuesday, the United States Senate voted, 83-14, to advance the USA Freedom Act, opening it up to a series of amendments that will be voted on, before a final Senate vote on the bill on Tuesday afternoon.

The USA Freedom Act was created as a substitute for Section 215 of the Patriot Act, which expired at 12:01 a.m. on June 1. The controversial Section 215 was used by the National Security Agency to justify its bulk collection of Americans’ data. The campaign against extending the Patriot Act was led by Sen. Rand Paul (R-Ky.), who hailed the expiration of Section 215 as a victory over NSA spying.

Advocates of the USA Freedom Act presented it as a way to curb the powers of the NSA by transferring the bulk collection Americans’ phone records to private companies. However, those in opposition noted that it wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

While the House of Representatives passed the USA Freedom Act with an overwhelming vote of 338-88, the bill failed to reach the 60-vote threshold needed in the Senate on May 22, with a 57-42, following Paul’s 10-hour and 30-minute speech against both the USA Freedom Act, and an extension of the Patriot Act, on May 20.

Following a weeklong recess, in which many lawmakers vowed to lobby for the three votes needed to pass the USA Freedom Act, it was advanced in the Senate on Sunday, with a vote of 77-17.

Now that the USA Freedom Act has advanced in the Senate, the debate on possible amendments to the bill will begin, and if any of those amendments are passed, the bill will then return to the House of Representatives for another vote.

The Guardian reported that Senate Majority Leader Mitch McConnell (R-Ky.) is presenting three amendments, which he called “common sense” safeguards for “fundamental and necessary counterterrorism tools.”

The first of McConnell’s proposed amendments would “allow for more time of the construction and testing of a system that does not yet exist,” the second would “ensure that the director of national intelligence is in charged with at least ensuring the readiness of the system,” and the third would require telecom companies to notify Congress when they “elect to change their data retention policies.”

While Paul has gained support from both Republicans and Democrats in Congress, one of his most prominent allies has been Sen. Ron Wyden (D-Ore.), a strong opponent of NSA surveillance.

Bloomberg reported that Paul and Wyden will propose nine amendments to the USA Freedom Act that would aid in increasing the visibility and restricting the actions of the intelligence agencies:

  • Require the government to get a warrant before collecting personal information from third parties.
  • Raise the standard for government collection of call records under FISA from “reasonable grounds” to “probable cause.”
  • Limit the government’s ability to use information gathered under intelligence authorities in unrelated criminal cases.
  • Amendment 1443: Make it easier to challenge the use of illegally obtained surveillance information in criminal proceedings.
  • Prohibit the government from requiring hardware and software companies to deliberately weaken encryption and other security features.
  • Clarify the bill’s definition of “specific selection terms.”
  • Require court approval for National Security Letters.
  • Prohibit the government from conducting warrantless reviews of Americans’ email and other communications under section 702 of the Foreign intelligence Surveillance Act.
  • Strengthen the bill with additional provisions from previously introduced surveillance reform legislation.

Senate Reconvenes For Last-Minute Attempt To Revive Patriot Act

UPDATE: June 1st 12:01 a.m. Eastern – Section 215 of the Patriot Act has expired.

UPDATE: 8 p.m. Eastern – The Senate voted, 77-17, to advance the USA Freedom Act, a bill that would change the channels through which the U.S. Government collects Americans’ data. Sunday’s vote sets up the bill for a final vote this week, and if passed, the bill would then be sent to President Obama to sign.

While the Senate waits for a final vote on the USA Freedom Act, three sections of the Patriot Act will expire on June 1, including the controversial Section 215, which is used by the National Security Agency to justify its collection of Americans’ phone records.

Following the vote to advance the USA Freedom Act, Sen. Rand Paul, who has led the campaign for abolishing the Patriot Act altogether, took to the Senate Floor, and said that although Section 215 will expire tonight, it will “only be temporary,” and those in favor of NSA surveillance will “ultimately get their way.”

I think the majority of the American people do believe the government has gone too far,” Paul said. “In Washington, it’s the opposite, but I think Washington is out of touch. There will be 80 votes to say ‘continue the Patriot Act,’ maybe more, but if you go into the general public, if you get outside of the beltway and visit America, it’s completely the opposite.

Paul also addressed comments from Senators such as Dan Coats (R-Ind.) and John McCain (R-Ariz.), who have equated a possible expiration of the Patriot Act to a “win” for terrorists around the world:

[pull_quote_center]The people who argue that the world will end, and we’ll be overrun by Jihadists tonight are trying to use fear. They want to take just a little bit of your liberty, and they get it by making you afraid. . . . They tell you if you have nothing to hide, you have nothing to fear. It’s a far cry from the standard we are founded upon: innocent until proven guilty.[/pull_quote_center]

6:20 p.m. Eastern – On Sunday, the United States Senate reconvened after a weeklong recess, for a last-minute debate on the future of the National Security Agency’s mass surveillance program.

With the possible expiration of Section 215 of the Patriot Act approaching on June 1, the USA Freedom Act was created, and presented as a way to curb Section 215 by transferring the bulk collection Americans’ phone records to private companies. While advocates for the USA Freedom Act claim that it will end the NSA’s bulk data collection, those in opposition say that it wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

While the USA Freedom Act was passed in the House of Representatives by an overwhelming vote of 338-88, it failed to reach the 60-vote threshold needed in the Senate, with a 57-42 vote on Friday.

Click here to watch the live feed from the Senate floor.

GOP Presidential candidate and Sen. Rand Paul (R-Ky.), who led the charge to block a direct extension of the Patriot Act, vowed to force the expiration of the NSA’s massive surveillance program altogether.

On the Senate floor on Sunday, Paul was noted that the NSA’s massive surveillance program has been ruled illegal by a federal appeals court.

We’re not collecting the information of spies,” Paul said. “We’re not collecting the information of terrorists. We’re collecting the information of Americans, all of the time.

Dennis Hastert Pushed For The Patriot Act That Led To His Indictment

On Thursday, the Department of Justice announced that former U.S. House Speaker J. Dennis Hastert (R-Ill.) has been indicted for paying  $3.5 million in “hush money” to ensure silence about his “prior misconduct” in a town where he was a high school teacher.

The grand jury indictment states that Hastert, 73, has been charged with one count of evading bank regulations and withdrawing $952,000 in increments of less than $10,000 in separate transactions on at least 106 occasions, and one count of lying to the FBI about the reason behind the transactions.

According to the Associated Press, each count against Hastert “carries a maximum penalty of five years in prison and a $250,000 fine.”

The Huffington Post noted that Hastert, who has taken credit for the Patriot Act’s passage in the House of Representatives in 2001, found out the hard way that the law he helped pass has given federal law enforcement the tools to indict him.

The indictment describes the person who received the “hush money” as “Individual A,” and noted that while Hastert was a high school teacher and a coach in Yorkville, Illinois, from 1965 to 1981, Individual A has been a resident of Yorkville, and has known Hastert most of Individual A’s life.

The AP noted that the indictment is very vague, and in addition to not telling what Hastert’s “prior misconduct” was, it also does not tell Hastert’s relationship with “Individual A.”

Jeff Cramer, a former federal prosecutor and head of the Chicago office of the investigation firm Kroll, told the AP that the language of the indictment suggests that the misconduct was related to Hastert’s position as a coach and teacher.

“Notice the teacher and coach language,” Cramer said. “Feds don’t put in language like that unless it’s relevant.”

In the aftermath of 9/11, Hastert was largely in favor of implementing the Patriot Act, which passed in the House of Representatives on Oct. 24, 2001, with a vote of 357 to 66.

In 2011, Haster took credit for passing the Act in the House, and told Real Clear Politics that passing the Act was not an easy task, because it “wasn’t popular, and there was a lot of fight in the Congress” over it.

The Huffington Post noted that the indictment “suggests that law enforcement officials relied on the Patriot Act’s expansion of bank reporting requirements to snare Hastert,” because it “increased the scope of cash reporting laws to help trace funds used for terrorism.”

White House: Congress Is Playing ‘Russian Roulette’ With The Patriot Act

In preparation for the possible expiration of certain provisions of the Patriot Act, the Obama administration is urging the Senate to act, and warning of repercussions that might occur if the Act expires altogether.

The Washington Post reported that at a press briefing on Wednesday, a senior administration official likened the fact that the Senate has not passed either an outright extension of the Patriot Act, or the USA Freedom Act, to it playing a game of “national security Russian roulette.”

“What you’re doing essentially is you’re just playing national security Russian roulette,” the official said. “That’s a game that you can play. But we urge Congress not to play that game with these uncontroversial authorities.”

The USA Freedom Act was presented by lawmakers as a way to curb Section 215 of the Patriot Act, which is used by the NSA to justify its bulk collection of Americans’ data. While advocates for the USA Freedom Act claim that it will end the NSA’s bulk data collection, those in opposition to the bill, such as Rep. Justin Amash  (R-Mich.) say that it wouldn’t end the collection; it would only change the channels the government went through to collect Americans’ records.

While the USA Freedom Act was passed in the House of Representatives by an overwhelming vote of 338-88, it failed to reach the 60-vote threshold needed in the Senate, with a 57-42 vote on Friday.

Congress adjourned for a week-long recess early Saturday, leaving the final decision on the future of Section 215 up to a last minute vote when they return on May 31, one day before the section is set to expire.

GOP Presidential candidate Sen. Rand Paul (R-Ky.) has been the face of the campaign to abolish the NSA’s surveillance program altogether. Paul took to the floor of the Senate for 10 hours and 30 minutes on Wednesday to filibuster the renewal of Section 215, and he was a prominent voice against the act’s extension, when it came to a vote on Friday, fighting back against Sen. Mitch McConnell (R-Ky.), the Senate majority leader, who pushed for an “clean” extension of the bill.

On Tuesday, White House Press Secretary Josh Earnest said that if the Patriot Act expires altogether, the White House has no “Plan B.”

“The fact is I’m not aware of any ‘Plan B’ that exists or that is currently being contemplated,” Earnest said. “There are significant consequences for the Senate’s failure to act. It would certainly put at great risk these programs and could risk a lapse in some of these important national security capabilities.”

During the recess, the New York Times reported that senior lawmakers are “scrambling this week in rare recess negotiations to agree on a face-saving change to legislation” that would save a form of the NSA’s massive surveillance program.

The Obama administration joined in the campaign to support the USA Freedom Act, with President Obama urging the Senate to pass the Act, just as the House did.

“The House of Representatives did its work and came up with what they called the USA Freedom Act, which strikes an appropriate balance,” Obama said. “Our intelligence communities are confident that they can work with the authorities that are provided in that act passed on a bipartisan basis.”

In addition to the USA Freedom Act being passed on a bipartisan basis, Paul’s stance against it has also been a bipartisan effort. During his time on the Senate Floor speaking out against the Patriot Act, Paul was joined by seven Democrats and three Republicans.

Obama called out the Senate for not passing the USA Freedom Act, and said that the powers that are lost if the Patriot Act expires are ones that could hurt the security of the American people.

“The Senate did not act, and the problem we have now is that those authorities run out at midnight on Sunday,” Obama said. “So, I strongly urge the Senate to work through this recess and make sure that they identify a way to get this done.

While Obama put emphasis on urging the Senate to act, Paul noted that the NSA’s bulk data collection was recently ruled illegal, and called the President disingenuous, because even though he said wanted to protect civil liberties, he has yet to stop the program.

Investigative journalist Ben Swann explained how section 215 of the Patriot Act is collecting the data of innocent Americans in an episode of Truth in Media:

https://www.youtube.com/watch?v=BrY_bmdi-N4

American Government Hacked Phones, Planted Spyware in Google Phone Apps

A new document from whistleblower Edward Snowden reveals that the United States, Canada, and other so-called “Five Eyes” nations hacked weaknesses in one of the world’s most popular mobile browsers to access smartphone traffic. The hacking involved using apps in the Google and Samsung app stores.

Consistent with much of the Snowden revelations, the “mainstream” media has largely ignored the story.

According to the “Top Secret” document, the spying agnecies of Canada, the U.S., Britain, Australia and New Zealand started targeting the UC Browser in 2011 after it was discovered that a leak released details of millions of users. UC Browser is the most popular app in China and India.

The agencies stated goal was to exploit the weakness to collect data on suspected terrorists or intelligence targets. Some cases apparently involved implanting spyware on targeted smartphones.

The Five Eyes nations were looking to exploit similar leaks in other mobile apps. CBC reports that the document shows the surveillance agencies did not alert the companies or the public about weaknesses.

The latest document release from Snowden was reported by The intercept and Canada’s CBC.

Canada’s Communications Security Establishment surveillance agency refused to comment on the CBC report, while the British GCHQ stated that all surveillance programs are “carried out in accordance with a strict legal and policy framework.” The U.S. National Security Agency and New Zealand surveillance agency did not respond to CBC News. Australia’s signals intelligence agency refused to comment.

Not everyone believes the government’s claims of accountability and promises that the program was only used in search of terrorists. Michael Geist, a professor at University of Ottawa and an expert on internet law, told the CBC “All of this is being done in the name of providing safety and yet … Canadians or people around the world are put at risk.”

The documents also reveal that the Five Eyes agreed not to spy on each others’ citizens and instead focused their attention on apps stores in France, Switzerland, the Netherlands, Cuba, Morocco, the Bahamas and Russia.

Rand Paul On Information Obtained By Patriot Act: ‘I Think It Should Be Purged’

Republican presidential contender Rand Paul opined on “Fox and Friends” Monday morning that any information obtained using metadata collection under the Patriot Act should be purged from government records. (VIDEO: Rand Paul Snaps At Hostile CNBC Host: ‘Slanted … Full Of Distortions’)

“I had breakfast with a former head of the NSA not too long ago, and I asked him, ‘Can you get more information with a traditional warrant with a person’s name on it, or with a metadata collection?’” Paul said. “He says, absolutely you get more information with a warrant.’ I’m not asking for no collection of records.”

“Do you believe that that information that has already been obtained, been collected should be used?” asked host Elizabeth Hasselbeck.

[bctt tweet=”I think It should be purged. @RandPaul”]

“I think it should be purged.” Paul responded. “I think that information was collected illegally and should be purged.” (RELATED: Rand Paul Ends 10-And-A-Half Hour Filibuster)

Watch:

Follow Alex Griswold on Twitter

Lawmakers Lobby To Save NSA Surveillance Program During Recess

On Saturday, Congress adjourned for a week-long recess, leaving the final decision on the future of Section 215 of the Patriot Act up to a last minute vote when they return on May 31, one day before the section is set to expire.

According to the New York Times, senior lawmakers are “scrambling this week in rare recess negotiations to agree on a face-saving change to legislation” that would save a form of the National Security Agency’s massive surveillance program.

Section 215 of the Patriot Act is used by the NSA to justify its bulk collection of Americans’ data. Lawmakers created the USA Freedom Act, and presented it as a way to end the NSA’s bulk data collection. However, those in opposition to the bill, such as Rep. Justin Amash  (R-Mich.) said that it wouldn’t end the collection; it would only change the channels the government went through to collect Americans’ records.

While the USA Freedom Act was passed in the US House of Representatives by an overwhelming vote of 338-88, it failed to reach the 60-vote threshold needed in the Senate, with a 57-42 vote on Friday.

Rep. Devin Nunes (R-Calif.), the chairman of the House Intelligence Committee, told the New York Times that a “series of phone calls and staff meetings over the weeklong Memorial Day break should be enough to reach agreement on changes to the USA Freedom Act,” and should win over the three senators needed, in order to pass the bill.

“That is the goal: Work it out over the break,” said Nunes, who explained that he believes the whole argument surrounding the program has turned into a “circus act.”

It’s just unfortunate,” Mr. Nunes said. “We’ve wasted a considerable amount of legislative time, both in the House and the Senate, on something that is really trivial. This is a program that is very important but very seldom used.”

GOP Presidential candidate Sen. Rand Paul (R-Ky.) has been the face of the campaign to abolish the NSA’s surveillance program altogether. Paul took to the floor of the Senate for 10 hours and 30 minutes on Wednesday to filibuster the renewal of Section 215, and he was a prominent voice against the act’s extension, when it came to a vote on Friday.

“There comes to a time in the history of nations when fear and complacency allow power to accumulate and liberty and privacy to suffer,” Paul said. “That time is now. And I will not let the Patriot Act, the most unpatriotic of acts, go unchallenged.”

Lawmakers such as Sen. Mitch McConnell (R-Ky.), the Senate majority leader, and Sen. Richard Burr (R-N.C.), the Chairman of the Senate Intelligence Committee, pushed for a “clean” extension of the NSA’s bulk data collection, even though it was recently ruled illegal by a federal appeals court.

After the Senate declined to pass the USA Freedom Act on Friday, McConnell tried to push an extension of the Patriot Act to June 8, to June 5, to June 3, and to June 2. Paul continued to object, and no extension was agreed upon.

According to a memo from the Department of Justice, because no renewal of Section 215 of the Patriot Act was passed, the NSA will now “begin taking steps to wind down the bulk telephone metadata program in anticipation of a possible sunset in order to ensure that it does not engage in any unauthorized collection or use of the metadata.”

However, Burr said that the Obama administration’s claim that the NSA program’s shutdown has begun was “disingenuous,” and that the real shutdown would not occur until 4 p.m. on May 31, after the Senate has an opportunity to save it.

 

Led By Rand Paul, Senate Blocks Extension Of The Patriot Act

The United States Senate blocked an outright two-month extension of the Patriot Act early Saturday morning, as three sections of the Act are set to expire at the end of the month. One of those sections, the controversial Section 215, is used by the National Security Agency to justify its bulk collection of Americans’ data.

In addition to blocking an extension of the Patriot Act with no changes, the Senate also did not pass the USA Freedom Act, which was passed in the US House of Representatives 338-88.

While those in support of the USA Freedom Act presented it as a bill that would end the NSA’s bulk collection of Americans’ data, those opposing the bill said that it wouldn’t end the collection; it would only change the channels the government went through to collect Americans’ records.

The USA Freedom Act needed to reach a 60-vote threshold in the Senate in order to pass. It failed by a 57-42 vote on Friday.

On Wednesday, GOP Presidential candidate Sen. Rand Paul (R-KY) took to the floor of the Senate for 10 hours and 30 minutes to filibuster the renewal of Section 215 of the Patriot Act.

Paul led the opposition against Senate Majority Leader Mitch McConnell (R-KY), who had said that he intended to set up a final showdown on the NSA’s bulk-data programs by “putting pressure on civil liberties advocates to muster the 60 votes needed to end the snooping,” in the hopes that the senators would end up having to accept an extension of the current Patriot Act.

[quote_center]“We have entered into a momentous debate,” Paul said. “This is a debate about whether or not a warrant with a single name of a single company can be used to collect all of the records of all of the people in our country with a single warrant. Our forefathers would be aghast. One of the things they despised was general warrants.”[/quote_center]

Although McConnell tried to extend the Patriot Act to June 8, to June 5, to June 3, and to June 2, Paul continued to object, and no extension was agreed upon.

According to a memo from the Department of Justice, because no renewal of Section 215 of the Patriot Act was passed, the NSA will now “begin taking steps to wind down the bulk telephone metadata program in anticipation of a possible sunset in order to ensure that it does not engage in any unauthorized collection or use of the metadata.”

The Senate has adjourned for a week-long recess for the Memorial Day holiday, and will not return until May 31, the day Section 215 of the Patriot Act is officially set to expire.

“We Are Always Listening”: Anti-NSA Campaign Gone Too Far?

The conversations of New York City residents and visitors are being secretly collected in several public locations throughout the city, according to an anonymous body satirically posing as a contractor for the NSA:

“Citizens don’t seem to mind this monitoring, so we’re hiding recorders in public places in hopes of gathering information to help win the war on terror. We’ve started with NYC as a pilot program, but hope to roll the initiative out all across The Homeland.”

The group is apparently aiming to send a startling message to people who may be uninformed or apathetic about the NSA’s controversial practice of collecting phone records of Americans in bulk. They are sending that message by fighting fire with fire: placing and concealing recorders all over NYC and publishing the content online.

There are currently six published recordings on the website “We Are Always Listening” as of Thursday morning that have ostensibly captured conversations caught in locations including restaurants and bars. One published conversation, which allegedly took place at the Building on Bond restaurant in Brooklyn, bears the title “We’re Listening as You Discuss Your Most Intimate Moments; A fetish-fueled hookup reveals perversions which shall be kept on file.” Another conversation picked up at the Brindle Room restaurant allegedly exposed “Asians belittling other Asians for sounding too Asian.”

Each recording identifies the location of the recording device, the conversation’s “terrorism status”, and the current status of the device.

The group sent WIRED an email ahead of its launch on Wednesday, claiming to have covertly planted dozens of microcassette recorders throughout various locations NYC over the year. “The NSA employs many 3rd party contractors, [and] we consider ourselves to be contractors of this nature, albeit in a unpaid and unsanctioned capacity,” stated the email. “We can attest to the fact all people recorded are NOT actors and are not knowingly involved in the project in any way.”

In addition to the recordings, the website has a link titled “Angry?” which directs visitors to an ACLU page. That page contains a contact form to send to Congress requesting the expiration of Section 215 of the Patriot Act, the provision used by the NSA to collect American phone records.

The intent of the group’s mission seems to be aimed at drawing attention to the issue of massive government surveillance. But is this campaign going to effectively promote the idea of protecting citizen privacy?