Showing posts with label surveillance. Show all posts
Showing posts with label surveillance. Show all posts

05 March 2019

NSA Halts Mass Unconstitutional Surveillance U.S. Domestic Phone Records



Disputed N.S.A. Phone Program Is Shut Down, Aide Says

The National Security Agency has shut down a controversial program that collects domestic phone and text records, a senior Republican congressional aide said.CreditKarsten Moran for The New York Times


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The National Security Agency has shut down a controversial program that collects domestic phone and text records, a senior Republican congressional aide said.CreditCreditKarsten Moran for The New York Times
WASHINGTON — The National Security Agency has quietly shut down a system that analyzes logs of Americans’ domestic calls and texts, according to a senior Republican congressional aide, halting a program that has touched off disputes about privacy and the rule of law since the Sept. 11 attacks.
The agency has not used the system in months, and the Trump administration might not ask Congress to renew its legal authority, which is set to expire at the end of the year, according to the aide, Luke Murry, the House minority leader’s national security adviser.
In a raw assertion of executive power, President George W. Bush’s administration started the program as part of its intense pursuit for Qaeda conspirators in the weeks after the 2001 terrorist attacks, and a court later secretly blessed it. The intelligence contractor Edward J. Snowden disclosed the program’s existence in 2013, jolting the public and contributing to growing awareness of how both governments and private companies harvest and exploit personal data.
The way that intelligence analysts have gained access to bulk records of Americans’ phone calls and texts has evolved, but the purpose has been the same: They analyze social links to hunt for associates of known terrorism suspects. . . .


https://www.nytimes.com/2019/03/04/us/politics/nsa-phone-records-program-shut-down.html


Copyright 2019 Martin P. All World Rights Expressly Reserved (no claim to The New York Times content)

27 November 2017

US Spy Base Pine Gap JDFPG CIA NSA NRO DOD Sat Drone Nuke Targeting














The Joint Defense Facility Pine Gap, photographed in 2014. Born at the height of the Cold War, the base near the town of Alice Springs was originally presented to the Australian public as a space research facility. CreditKristian Laemmle-Ruff
       Monday, 27 November 2017, ALICE SPRINGS, Australia - Six pacifist Catholic antiwar protesters (self-styled "peace pilgrims") were tried here in the past two weeks for entering a prohibited area after they in September 2016 breached the security perimeter of Joint Defence Facility Pine Gap (JDFPG) which is a top-secret military base operated by the United States hidden in the Australian outback at Alice Springs, Australia in the Northern Territory.
       The above-pictured (as of 2014)  JDFPG top secret global military, intelligence and surveillance base is said to be used by agencies including the CIA, DOD, NSA, NRO and others as a military and intelligence base believed to be used in a range of operations including but not limited to real-time DOD combat operations in diverse regions, signals intelligence, mass surveillance including of all civilian internet and telephone communications, detecting nuclear missile launches, satellite  communications and control, missile including space-based defense, as well as surveillance and military applications among many other missions said to include targeting nuclear weapons and real-time drone strike kills plus a multitude of functions critical to real-time military combat operations in many active U.S. theaters in the Middle East and elsewhere in none of which areas has the United States declared war, as well as other military and intelligence operations in space. About 800 persons are thought to be stationed at JDFPG including Australians now stationed at the base as well after a public outcry but with the United States (possibly the CIA) always having been firmly in control of JFBPG and its operations.
       About 600 Americans are thought to live in Alice Springs. The town of Alice Springs is generally best known to most of the worldwide public who are even aware of its existence for its proximity to the remote outback tourist destination Ayers Rock. That rock should not be confused with the rock known from the book and movie and subsequent television mini-series "Picnic at Hanging Rock" about a day outing of Australian schoolgirls and their teacher gone horribly awry resulting in their disappearance on Valentine's Day 1900 in Hanging Rock, Victoria. That refers to a different Australian rock.
       Unlike the events depicted in "Picnic at Hanging Rock" those detailed here concerning JDFPG are true and now known far and wide reportedly to the expected consternation of the United States due to Australia's insistence on the trial and "uncompromising prosecution of the protesters" that "have put a spotlight on the facility that the United States would prefer remain in the shadows." That preference of the United States was not accommodated by Australian authorities despite having been an apparently valid concern as the trials of the six pacifist Catholic antiwar trespassers at Alice Springs now has generated at least one front page New York Times article calling new and renewed attention to JDFPG including worldwide circulation of some base information and fairly detailed photographs of the facility (although further site construction is said now to be underway). This vast information and photographic worldwide public distribution concerning JDFPG presumably would have been impossible to accomplish even had it been the unlikely objective of the one trespassing pacifist Catholic antiwar protester also convicted of "possessing a photographic device."
       In two separate incidents a few days apart in September 2016 first five Catholic "peace pilgrim" protesters were arrested together in a peace protest perimeter trespass with another later arrested making his own second peace protest perimeter trespass a few days later. The first five protesters arrested were tried together with the second single protester then tried separately in back-to-back trials attracting a modest group of antiwar protesters to the remote Alice Springs court location. The first five represented themselves at trial where Judge John Reeves denied them their argument that they were "acting in the defense of others." All six were convicted of entering a prohibited area which carries a maximum sentence of seven years in prison. The penalty for possessing a photographic device of which one was convicted was not specified in the New York Times article linked to below.
       One peace activist defendant John Dowling of the pacifist Catholic Worker Movement who appeared at his trial barefoot said he had been arrested once previously for trespassing at the facility in 2005 and that his conviction had been overturned on appeal. Similarly in a brief review of protests at the facility in the relevant Wikipedia article linked to below it appears that in at least one past protest where other protesters were arrested and convicted of trespassing at the facility as to which prosecutors later appealed protesters' sentences of the mere assessment of relatively modest fines as inadequate punishment prompted the unintended result that the appellate court in that case instead overturned all protesters' convictions finding that the trial court had not permitted the protesters to raise allowable arguments at trial.
       Interested readers can go for more information about the circumstances of the six protesters just tried at Alice Springs to the New York Times article linked to below. Readers further interested also can go to the Wikipedia entry linked to below for more information about the Joint Defence Facility Pine Gap (JDFPG) . Readers can go for additional information about the "Five Eyes" military intelligence alliance which includes both the United States and Australia as well as Canada, New Zealand and the United Kingdom to that Wikipedia entry also linked to below.
o https://www.nytimes.com/2017/11/23/world/australia/pine-gap-spy-base-protests.html
o https://en.wikipedia.org/wiki/Pine_Gap

       o https://en.wikipedia.org/wiki/Five_Eyes: Five Eyes (FVEY) Australia, Canada, New Zealand, United Kingdom, United Sates is a military and intelligence alliance of these five countries with a shared common law inheritance which Five Eyes with facilities in each of the member countries among other things continuously conduct coordinated comprehensive global surveillance of all the world including without limitation satellite and communications (SIGINT) such as internet and telephone mass surveillance covering all countries and citizens of the world as well as military intelligence which can be used for example for military targeting including U.S. drone assassinations in countries with which the United States is not at war.
       As to civilian surveillance in particular Five Eyes members including the United States participate and operate advancing the dubious, untested and unpersuasive in fact facially preposterous legal argument not known to be validated anywhere by any proper judicial entity with legitimate jurisdiction that by targeting surveillance of one another's citizens and then trading that surveillance intelligence as to one another's citizens with each other that the Five Eyes cleverly legally are circumventing each of their own countries' domestic spying, surveillance and all other related laws, regulations and policies without limitation.
       This "legal theory" purporting to justify evasion of the rule of law on its face appears to contravene any legitimate legal tradition and to be advanced solely in a bad faith lack of belief in its ability to withstand proper legal scrutiny but rather to be left untested merely to provide unpersuasive cover for activities which in all likelihood include those that are illegal without limitation under domestic and international laws and signatory treaties and conventions as well as in the United States under the U.S. Constitution and related civil rights statutes.

Copyright 2017 Martin P. All World Rights Expressly Reserved

01 July 2015

FISA Secret Monkey "Court" Rubber Stamps Illegal NSA Resumption Under So-Called "Patriot Act" Of Bulk Phone Data Collection In Superficial Mock Ruling Rejects The Federal Court Of Appeals For The Second Circuit Decision That Trash "Patriot Act" Never Authorized Illegal NSA Spying On Americans

     Wednesday, 1 July 2015, WASHINGTON- The federal government announced Tuesday that it disgracefully had gone to the Foreign Intelligence Surveillance Act (FISA) secret monkey rubber stamp court which is authorized only to rule on matters of national security which cannot be made public in order that the Obama administration illegally could get around the lengthy well-reasoned decision of the Federal Court of Appeals for the Second Circuit finding NSA mass phone data collection has been illegal since its inception in 2001 as the so-called "Patriot Act" granted the NSA no such authority to engage in its spying activities on Americans.
     Nevertheless although no such national security situation requiring secrecy existed at present the federal government went to the FISA secret monkey rubber stamp "court" before the FISA monkey judge retreated into hiding so as first to get a predetermined ruling worthy of an morally intellectually bankrupt idiot obediently issued by FISA monkey Judge Michael W. Mosman that the so-called "Patriot Act" allows the State to resume illegal surveillance of Americans by bulk phone record collection for the next six months until the so-called "Freedom Act" initiates a new procedure whereby Americans' phone records will be kept by their phone carriers so the federal government will have to go first to the same FISA court which in its history has never denied nearly any secret unopposed request for anything from the federal government in order first to get monkey rubber stamped warrants to get Americans' phone records.
     The Obama administration's shameless Department of Justice (DOJ) expressed through spokesman Wyn Hornbuckle who actually did not speak but wrote of DOJ's obvious "agreement" with the federal government's blatantly illegal unconstitutional use of the FISA monkey Judge Michael W. Mosman rubber stamp court to get the decision it implicitly directed the FISA monkey rubber stamp court judge to give so that the NSA now can resume its illegal unconstitutional mass collection of Americans' phone records without regard or respect for the authority of the actual constitutional true regular real federal judicial system. To those troubled by the Obama administration's obviously unconstitutional use of the FISA monkey rubber stamp court it has been suggested that they as necessary heretofore just change one letter in its acronym and think of it as the Domestic Intelligence Surveillance Court (DISA) to encompass such uncontested secret rulings such as the present rancid stinking monkey court rubber stamp decision unconstitutionally purporting to legitimize mass domestic illegal unconstitutional surveillance by the NSA.
    This matter represents a dangerous expansion of the illegitimate "power" of the unconstitutional now not-so-secret FISA monkey rubber stamp court in a most grievous despicable precedent that is a foul and rank travesty of justice since the matter obviously should constitutionally have been left with the actual real federal courts as everybody already knows what the monkey court hijacked case is about. Other secret FISA monkey court rubber stamp judges (using the term "judges" very loosely) who have weighed in on various aspects of this matter obediently following their orders on how to rule have invariably sided with the unconstitutional and illegal positions for which the Obama administration has sought unlawful validation include secret FISA rubber stamp court monkey Judge F. Dennis Saylor IV as well as extra monkey Judge Rosemary M. Collyer by secret monkey rubber stamp court special invitation who otherwise serves as a United States Federal District Court real judge in a regular real federal court where she presumably is allowed to make her own decisions in public with opposing parties present consistent with the provisions of the United States Constitution which actually really did create that court making its decisions legally enforceable unlike those of the FISA monkey judge rubber stamp court to which the People never granted any power at all rendering all of its monkey rubber stamp decisions unconstitutional and therefore illegally enforced against the People without any lawful authority.
     Readers interested in more information on the above can go to the Reuters and/or the New York Times articles linked to below.

http://www.reuters.com/article/2015/06/30/us-usa-security-nsa-idUSKCN0PA2G220150630?feedType=RSS the &feedName=topNews

http://www.nytimes.com/2015/07/01/us/politics/fisa-surveillance-court-rules-nsa-can-resume-bulk-data-collection.html?ref=us

Copyright 2015 Martin P. All World Rights Expressly Reserved

                  

09 May 2015

MAY 27 UPDATE: Patriot Act Illegal NSA Section 215 Bulk Collection Of Phone Records N.Y. Federal Appeals Court Rules Has No Legitimate Legal Authority

     Saturday, 9 May 2015, NEW YORK, NY - In an extraordinary vindication for National Security Agency (N.S.A.) whistle-blower Edward J. Snowden massive secret dragnet U.S. government mass surveillance and metadata storage privacy invasions perpetrated by the N.S.A. revealed to the public in 2013 by documents that Mr. Snowden provided to the press have been found to be illegal since their 2001 inception by a momentous decision of the United States Court of Appeals for the Second Circuit in New York. The Court ruled Thursday that the N.S.A. dragnet bulk collection of telephone records is illegal and cannot be justified under any reading no matter how tortured, contorted and convoluted of the widely despised Section 215 of the so-called "Patriot Act". The Court issued this decision without regard for repeated rulings since 2006 by the totally bogus unconstitutional Foreign Intelligence Surveillance Act (FISA) secret federal court hack monkey judges repeatedly rubber-stamping the illegal N.S.A. activities on the alleged authority of the Patriot Act the government hoping to give the illegal and unconstitutional N.S.A. abuses of the People some stink of legitimacy so as to keep all involved out of prison. In response to thousands of lawsuits brought following the Snowden revelations lower authentic real federal district courts have been split issuing contradictory decisions on the authority granted or not granted the N.S.A. by the Patriot Act Section 215.
     The dragnet bulk collection of Americans' telephone records first was undertaken illegally by the not-really-elected Bush-Cheney Administration in October 2001 as part of a larger group of Orwellian programs of indiscriminate dragnet mass surveillance and data collection the month after the horrific 11 September 2001 U.S. attacks without regard for the acknowledged lack of any statutory nor any other legal authority making it clearly illegal to perpetrate such an "unprecedented" power grab against the People's privacy in this country's past two hundred and fifty years. The Bush-Cheney administration unconstitutionally illegally expanded enormously the State's secret invasion of all Americans' privacy rights allegedly in order to hunt for hidden terrorist cells none of which have ever been found in the U.S. by the N.S.A. but also at the same time throwing into the Patriot Act a foul bubbling Macbethian cauldron of other draconian executive branch "wish list" police state powers having nothing at all to with terrorism which already repeatedly had been rejected by Congress in more more measured thoughtful times for example when not unbearably pressured by howling "national security" White House generated hysteria to pass a several hundred page stack of Bush-Cheney administration garbage legislation ink still wet on the page without reading it delivered at dawn all amid a backdrop of fears Congress at any moment might come under an anthrax attack therefore desperate to escape the Capitol building as soon as possible.
     Such a failed strategy consuming enormous amounts of money on the virtually useless outrageously expensive acquisition and operation of enormous amounts of technological equipment should long ago have been replaced largely by security efforts implemented with all immediate haste with a redirection of funding to appropriate domestic law enforcement authorities adapting to evolving terrorist threats for example just one suggested by a former Navy SEAL who had participated in a valuable discontinued operation in which U.S. special forces were tasked with setting up a "mock" terrorist cell with specifics unknown to the government and proceeded in their adapted "terrorist" mindset to identify "soft" and "hard" targets that actual terrorist cells or remotely "self-radicalized" individuals would be most likely to hit so that appropriate precautions presumably including surveillance could be put in place by the government.
     Should this sound naive to some perhaps readers may feel differently when informed that just one example of potential targets the special forces "mock" terrorist cell identified was not taking down "hard" target airliners but instead the "soft" targets at airports they identified as the long lines of persons corralled waiting to get into airport security checkpoints and perhaps worse yet also what the SEAL mock "cell" identified as often completely unprotected baggage claim areas where crowds of as many or more people than even are on one plane but actually from several planes often are gathered crowded together distracted and unwary in very close quarters which warnings the government still apparently largely has not heeded.
     These areas of potential high risk actually repeatedly were communicated to the world on CNN and are here repeated to an infinitesimally smaller audience the editorial board of the Ninth Amendment must emphasize emphatically only with the intention of promoting the safety and security of the American people encouraging the thoughtful and reasoned deployment rather than indiscriminate wasting of finite "national security" resources as best able to protect all and to call attention to the fact that while so many of this country's resources for "national security" are diverted increasingly to exotic and obscure seemingly unrealistic endeavors of agencies increasingly far removed from the reality of the streets that such potential targets as identified by the Navy SEAL on CNN (hopefully better protected by now in the wake of the CNN worldwide report months ago and if not readers are urged to demand whatever law enforcement authorities are available locally do so) and other commonsense precautions which often seem overlooked and/or underfunded while outfits such as the N.S.A. are consuming enormous amounts of U.S. taxpayers' money accomplishing virtually nothing at all to prevent domestic terrorism while simultaneously effectively in the process tearing to shreds the U.S. Constitution they are sworn to uphold and presumably dedicated to protect which is the sole basis of any legitimate power they may have and is the foundation protecting and preserving the continued existence of the United States.
     In any case back to the claimed objective of the not-really-elected Bush-Cheney administration to capture or kill terrorists and so commence U.S. aggressive participation in an enormously expensive armed conflict in both Afghanistan (to become the longest conflict in U.S. history) and the U.S. totally unprovoked "false flag" conflict started with an unprecedented "first strike" on Iraq (which Bush temporarily more confused than usual mistakenly thought that the U.S. had "won" having read "Mission Accomplished" on a banner strategically placed where he could read it from the deck of an aircraft carrier) and U.S. (with the dragging participation of coalition forces such as the British who did their best to stay back out of harm's way) invasion then gradually degrading into an apocalyptic nightmare in Iraq inuring to the enormous monetary profit of torture enthusiast "Pigheart" Dick "Criminal Notorious" Cheney while destroying their lives as they knew them for most of the rest other the others involved in the Iraqi conflict excluding Cheney's and other psychopathic opportunists who live to exploit the spoils of such turmoil and misery.
     Most significantly in addition to accomplishing no stated U.S. goals whatsoever after instigating and engaging in these enormously totally needless conflicts which caused the deaths and wounding of tens of thousands of American and  "coalition" soldiers as well as untold numbers of others including thousands of Iraqi civilians hit in the initial U.S. war armament industry "guaranteed precision bombings" of Baghdad and later events including the recently reported here in the Ninth Amendment massacre by Cheney Blackwater "Blackdeath" murderous psychopaths of unarmed civilians while caught in a traffic circle the Bush-Cheney Administration of course never was able to locate Osama bin Laden the accused "mastermind" of the horrific 11 September 2001 attacks. Bin Laden later was found allegedly by the Central Intelligence Agency (CIA) (another CIA victory racked up along with "Argo") and killed in Pakistan under the current administration of President Barack Obama.
     Today Afghanistan appears destined to be retaken by the Taliban whose origins in part are an unintended consequence of the CIA initiating the spending of billions of U.S. dollars on Operation Cyclone in the arming of the Mujahideen to fight the Soviets while also likely tangentially funding Osama bin Laden and the nascent al-Qaida later responsible for the 11 September 2001 attacks on the U.S. Meanwhile today Iraq is occupied widely and under threat by the demented and depraved ISIS another U.S. unintended direct consequence in its the case of its "good fortune" resulting from the stupendously idiotic actions of the Bush-Cheney administration which with the most powerful armed forces in the world at its disposal managed to "save" both the U.S. and Iraq from non-existent fabricated threats by virtually destroying Iraq with wanton and willful lack of concern for human welfare breaking apart a tenuously held together country of diverse peoples and often conflicting interests.
     The Bush-Cheney administration travesty further succeeded in alienating a large part of Iraq's population after experiencing such things as the deadly mayhem of the Baghdad hell zone left for everybody else outside the U.S. tightly protected "Green Zone" enclave so dispersing into groups of armed insurgents making Baghdad a virtual civilian populated war zone. Such a surrounding uncontrolled environment overseen by no authority left by the totally unprepared U.S. forces led for one thing to the monumentally tragic al-Qaeda claimed bombing bringing down the Canal Hotel assassinating while killing many others as well the United Nations General Secretary's Special Representative in Iraq Brazilian Sergio Vieira de Mello thought to be a likely candidate for UN-Secretary General who had chosen to maintain U.N. operations outside the "Green Zone" which he rejected in order to preserve some semblance of legitimacy to the original espoused reasons for the outside world's descent upon the beleaguered Iraqi people ostensibly to work with and help them rather than live in bunkered fear of them. In the catastrophic bombing de Mello who was buried alive after several hours of frantic efforts to save him died under the rubble of the former building.
     Meanwhile in other catastrophic Bush-Cheney Administration U.S. blunders Iraq's newly "disbanded" and suddenly "unpaid" against the pleading of senior Iraqi military commanders (by proclamation of a new U.S. administrator of Iraq apparently fresh from her U.S. State Department cubical who had absolutely no idea of how she single-handedly was putting into motion monumentally destructive seriously deadly forces still greatly at play in world affairs today in her first disastrous day on the job alone) immediately fired the entire career professional Iraqi army with long combat experience from a particularly vicious ten-year war against Iran.
     The quickly alienated Iraqi officers and other soldiers knowing exactly where they were stockpiled departed with most of Iraq's armaments as U.S. troops watched with orders to do nothing. A few years later they returned with their new "friends" to collect the brand new armaments the U.S. had bought and left behind when it departed for the use of the newly-trained Iraqi army which abandoned the U.S.-supplied armaments and allowing the former Iraqi professional army to continue to provide for itself and its families having formed presumably the military core of the newly emerging demented and depraved ISIS terrorists who now allegedly represent a threat to a growing number of countries inconsistently rumored to include this country based on varying sources. It now has been determined that the Bush-Cheney ISIS legacy they left now represents a "national security" threat which Iraq never did.
     In any case for those readers remaining through the above digression the subsequent history of the Bush-Cheney secret illegal domestic spying initiative started in October 2001 essentially is that the N.S.A. mass surveillance and related activities came to be called part of the program called "Stellarwind" (such operations being named by failed aspirants unable to find more lucrative employment in the pharmaceutical industry making up new names for new medications) and for each component of the that program a legal basis as put charitably by the New York Times "evolved" (not how the law works) including after a mere five years of apparently unsuccessful efforts (an incredible feat given the readily available compliant FISA court rubber stamper judges) in 2006 the bulk phone records collection component of the Stellarwind program finally was rubber stamped by some FISA hack monkey judge willing to "legally legitimize" it "based on the idea that Section 215 could be interpreted as authorizing bulk collection." A rigorous legal analysis indeed: "could be" but apparently was not interpreted. It subsequently has been rubber stamped approximately every 90 days likewise by FISA monkey judges.
     Alas the federal appeals court in Thursday's unanimous decision did not agree with the FISA monkey court's "legal analysis" that the Section 201 authorization of the collection of records found to be "relevant" to a national security case meant collecting all records possible of every person in the United States and later figuring out if something in there were "relevant" to national security without "analyzing" others although apparently reading them. In its unanimous decision Judge Gerard E. Lynch wrote for the Court that Section 215 "cannot bear the weight that the government asks us to assign to it, and that it does not authorize the telephone metadata program." The Court's ruling that the program is illegal noted that Congress was capable of writing a bill that clearly provided a legal basis for such an "unprecendented" program although the Court did not go on to reach the issue of whether or not it then would find any such bill unconstitutional as also had been argued before the Court against the program by the American Civil Liberties Union. Specifically,, Judge Lynch wrote: 

“Such expansive development of government repositories of formerly private records would be an unprecedented contraction of the privacy expectations of all Americans. Perhaps such a contraction is required by national security needs in the face of the dangers of contemporary domestic and international terrorism. But we would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.”

     The federal appeals court decision without other federal government action yet known to have been taken in response appears to express the Court's determination that since 2001 all N.S.A. dragnet indiscriminate collection of Americans' bulk telephone records has been illegal and establishes for the time being that there is no legal basis for the continued collection of such records. The court however did not issue an injunction prohibiting that practice but instead remanded the case to the district court below it to figure out what to do. The legal status of the decision further is complicated by the issue of concurrent FISA Court determinations that Patriot Act Section 215 does authorize bulk collection of telephone records and that the FISA court has its own FISA appeals court where one might predict the outcome with some confidence. In the meantime the federal government could appeal the regular real federal court decision here to the U.S. Supreme Court.
     The editorial board of the Ninth Amendment joins many in applauding this long overdue federal court of appeals decision unanimously declaring the illegality of the government's dragnet indiscriminate bulk collection of telephone records under Section 215 of the so-called "Patriot Act" which perhaps serendipitously coincides with a  great many immediate circumstances coalescing in just the type of debate for which the above decision calls.
     Current reports are that the debate this past week ranged from the House of Representatives bipartisan backing of the proposed fake-reform USA Freedom Act supported by the White House and apparently the N.S.A. and by F.B.I. Chief James B. Comey which would limit government requests for phone records stored by phone carriers to those based on "reasonable suspicion" to at least a handful of others opposed who appear likely to lose at the far right of the spectrum led by the "defiant" Senate majority leader Senator Mitch McConnell (R-Kentucky) and chairman of the Senate Intelligence Committee Richard M. Burr (R-NC) both of who want the Patriot Act Section 215 to remain as is extended to the year 2020 both "dismissing" the Court's decision with Burr essentially calling the Court's determination "a joke".
     The Ninth Amendment due to near constant incidents often reported in posts here of private entities' either violation of privacy laws and/or in other ways often failing adequately to protect consumers' personal data which are are as bad or even worse than the government in its N.S.A. overloaded servers or wherever that it is neither safe nor advisable to entrust the nation's private phone carriers to store private personal consumer telephone records for the government on demand as provided in the proposed USA Freedom Act. The editorial board of the Ninth Amendment joins the American Civil Liberties Union position that the State's domestic dragnet indiscriminate mass surveillance and metadata collection that had been illegally based on the Patriot Act Section 214 under any circumstances is unconstitutional and moreover that rather then being legally required to store Americans' personal private telephone records carriers in fact should follow just the opposite practice and be prohibited from doing so under penalty of prosecution for privacy and other violations.
     Readers interested in more information about the above particularly details about and links including to the 97-page decision of the United States Court of Appeals for the Second Circuit can go to the first link below. Readers interested in the above also can go to the second link below which provides more recent information about the fallout from the Court's decision affecting government decision-makers especially now facing tight deadlines with Section 215 of the Patriot Act if unchanged expiring on June 1 but Congress having a scheduled recess next Friday 22 May 2015 for the Memorial Day holiday. Finally interested readers can go to the third link below for Reuters report on the above.
     [RE-UPDATE] Readers interested in more information on the above can go to the added Washington Post forth link below reporting that the White House is urging passage of the proposed fake-reform USA Freedom Act reportedly enjoying bi-partisan support and expected to pass the House of Representatives as early as Wednesday with the director of national intelligence and the attorney general expected soon to issue letters of support stating that they do no believe the USA Freedom Act will undermine national security while claiming the reforms it proposes will "enhance" Americans' privacy. The latter is an absolutely misleading lie by the Obama administration and its agencies.
     This fallacious White House position supporting the USA Freedom Act (which itself is absolutely objectionable to the Ninth Amendment editorial board just as it is to the entire New York Times editorial board as previously posted here) is knowingly based on a false proposition which does not bear its weight in that at the moment given as reported above the only real actual federal court to opine has been the Federal Court of Appeals for the Second Circuit which has issued a decision finding the language of Patriot Act Section 215 presumably since 2001 neither has bolstered national security such that it now can be "undermined" by any new legislation purporting to weaken it nor could the ineffective Patriot Act Section 215 likewise in any way legitimately reduce Americans' privacy such that it needs to be "enhanced".
     Similarly the Obama administration's reported "conclusion" that the fake-reform USA Freedom Act offers the State the best way to "maintain its power" to obtain terrorist records with "some measure of speed" is equally specious given that the Court's decision finds that the the Patriot Act Section 215 language no matter how fairly (or unfairly) read confers no such power upon the State. In fact even given the proposition that having wrongfully assumed such a power under Patriot Act Section 215 the government actually has meaningfully obtained any terrorist records of significance particularly with the use of anything beyond previously existing powers seems more and more highly questionable upon more closely subjecting such claims to greater scrutiny.
     In fact most recently the much self-congratulatory degree of "transparency" of the Obama administration both in its actions and in the words of President Obama himself and his spokespersons has shown itself to and seems likely to stray even further as more facts become known from that characterization which President Obama would wish history to confer upon his administration not to mention his own legacy seemingly now better described as a growing concerted intentional opaqueness ranging through a disturbingly increasing scope of matters of great consequence and lasting concern to the American people.
     [UPDATE III] Readers interested in more recent updated information on the above can go to the added bottom three links with the Obama administration most recently "begging" that surveillance authority is "vital" as F.B.I. Director James Comey calls continued unconstitutional illegal current law enforcement roving wiretap non-existent legal authority "critical" to law enforcement and brand spanking new but not necessarily improved U.S. Attorney General Loretta Lynch immediately toes the Obama administration cynically bogus Obama (BOGUSPOTUS) line using a late CNN on-air scare as the usual fright manipulation forum for her threat that "loss" of unconstitutional non-existent mass surveillance authority poses an "increased risk to safety" of Americans without Lynch making any reference whatsoever to the countervailing invasion and violation of Americans' constitutional privacy and other civil rights (the last being the one long-forgotten except for "special occasions" D.O.J. department). [UPDATE IV] Readers interested in more recent information on the above can go to the added two links below. [UPDATE V] Because of the failure of the U.S. Senate either to extend nor to replace the Patriot Act before adjourning on Saturday, 23 May 2015 the so-called "Patriot Act" currently remains scheduled to expire automatically under its "sunset" provision on Monday, 1 June 2015. The U.S. Senate now is scheduled to re-convene on Sunday, 31 May 2015 in an attempt presumably either to extend or replace the Patriot Act before the Patriot Act's scheduled self-termination at midnight of that day. Readers interested in the latest information on the above can go to the added bottom link below.

http://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html

http://www.nytimes.com/2015/05/09/us/politics/court-ruling-on-nsa-data-collection-jolts-both-defenders-and-reformers.html

http://www.reuters.com/article/2015/05/08/us-usa-security-nsa-idUSKBN0NT29720150508?feedType=RSS&feedName=topNews

http://www.washingtonpost.com/world/national-security/white-house-backs-bill-that-would-curtail-nsa-collection-of-phone-records/2015/05/11/aa96ee50-f7ec-11e4-9ef4-1bb7ce3b3fb7_story.html?hpid=z10

UPDATE III links below:

http://www.nytimes.com/2015/05/22/us/politics/nsa-phone-data-collection-extension-splits-senate.html

http://www.nytimes.com/2015/05/22/opinion/rand-pauls-timely-takedown-of-the-patriot-act.html

http://www.washingtonpost.com/politics/senate-is-playing-chicken-with-nsa-spy-program-white-house-says/2015/05/22/796e3574-00af-11e5-833c-a2de05b6b2a4_story.html?tid=hpModule_ba0d4c2a-86a2-11e2-9d71-f0feafdd1394&hpid=z10

UPDATE IV link below:

http://www.reuters.com/article/2015/05/23/us-usa-security-nsa-idUSKBN0O729C20150523?feedType=RSS&feedName=topNews

UPDATE V link below:

http://www.washingtonpost.com/blogs/post-politics/wp/2015/05/25/senate-nsa-vote-underscores-rift-in-2016-field/

UPDATE VI link below:

https://www.nytimes.com/2019/03/04/us/politics/nsa-phone-records-program-shut-down.html

Copyright 2015-2019 Martin P. All World Rights Expressly Reserved

07 May 2015

UPDATED: N.S.A. "Treason" German Chancellor Merkel Accused For N.S.A. Command Of Rogue B.N.D. Spying Since 2008 On Germans Other Europeans

     Thursday, 7 May 2015, BERLIN - German Chancellor Angela Merkel has been charged with "treason" by at least one politician heading the German Left party after Der Speigel reported recently that since at least 2008 a "rogue" division of the B.N.D. German foreign intelligence service working for the N.S.A. has engaged in spying including on friendly German and European "interests" believed to include individuals and businesses perhaps most notably the French-German enterprise European Aeronautic Defense and Space, now known as the Airbus Group about which the B.N.D. "failed to fully inform the Chancellery or Parliament" but apparently did inform Ms. Merkel's government to the extent German Chancellor Merkel "failed in her constitutional duty to supervise the intelligence services and inform Parliament of the services' activities".
     Although not raised as an issue as with United States executive branch "intelligence" services which often on their face lack legal jurisdiction over and authority to engage in any domestic spying and related unconstitutional activities given that the B.N.D. is identified as a "foreign" intelligence service it would appear to have overstepped its ostensible authority by committing domestic spying on German "individuals and businesses" at home. Germans moreover are particularly sensitive to "intelligence" service domestic surveillance given "their memory of the Nazi and Communist regimes that spied on their citizens" (as the New York Times puts it rather blithely omitting Germans' doubtless intense memory also of what outrages, horrors and atrocities those regimes inflicted upon German citizens as a result of their spying on the German people).
     Moreover unlike in the United States where the N.S.A. is warmly embraced by all (at least by all at the N.S.A. and apparently in France) for its indiscriminate domestic and foreign mass surveillance, sweeping metadata collection activities (based on which metadata alone former N.S.A. Director Hayden stated "we kill people") and other N.S.A. other revealed and doubtless unrevealed myriad other unconstitutional abuses nevertheless overseas in Germany "anti-N.S.A. sentiment remains high" including German "revulsion" with the N.S.A. in the wake particularly of the revelations of Edward J. Snowden (a "popular hero" in Germany) of the scope of the N.S.A.'s criminal indiscriminate domestic and foreign surveillance.
     German Chancellor Merkel herself when running for re-election which she won for a third term in 2013 loudly cast herself as "the wronged American ally whose cellphone number was among data sucked up by American intelligence as it kept watch on Europeans" proclaiming that "[s]pying among friends -- that is simply not done". In fact such spying among friends "simply was done" right at that time by her own government B.N.D. intelligence service moreover under the control of the N.S.A. apparently since at least 2008. In any case Ms. Merkel managed to capitalize on her own cellphone privacy invasion exploiting German "outrage" over Snowden revelations but managed to "tamp down" what has become known among Germans as the growing "N.S.A. scandal". The truth of the recent allegations would tend to suggest that Chancellor Merkel is a dishonest hypocrite
     Even as opposition Left party leader Gregor Gysi called Chancellor Merkel's actions "treason" that accusation on Monday unsurprisingly was "angrily rebutted" by B.N.D. spy agency chief Gerhard Schindler (compare former Ninth Amendment post with photo of N.S.A. chief Admiral Michael "Mike" Rogers also "angrily rebutting" an unwelcome suggestion) dismissing with the Cheneyesque response that it was "absolutely absurd" to suggest his agency was "a compliant tool" of the N.S.A. However Schindler apparently still is experiencing technological communication challenges with Chancellor Merkel who on the same day reportedly at the same time stated that in order to best "protect the lives and bodies of 80 million Germans" cooperation with the National Security Agency came "first and foremost".
     Previous to last Monday after the 23 April 2015 Der Speigel reports government spokesman Steffen Seibert attributed the reportedly at least seven year lapse in Chancellor Merkel's government oversight and Chancellery and Parliamentary reporting of the actions of the rogue G.N.D. spy division working for the N.S.A. to "'[t]echnological and organizational deficiencies at the B.N.D." which seemingly in response to the recent Der Speigel reports now had been quickly identified as Mr. Seibert gave assurance the Merkel government had issued "immediate orders that they be rectified". Based on B.N.D. chief Schindler's and Chancellor Merkel's contemporaneous statements arguably implying significantly inconsistent degrees of the scope of the N.S.A. role in controlling German intelligence it would appear the B.N.D. had not as of Monday yet rectified at least technological deficiencies as to communication with the Chancellery in response to its "immediate orders".
     In any case the standing parliamentary committee with oversight responsibility for all  German intelligence services as well as a special parliamentary inquiry specifically into the N.S.A. have been conducting ongoing investigations into the details of the matter and questioning "key officials" including former U.S. intelligence officials which unsurprisingly is revealing a "damning picture of American surveillance practices". Although the specifics of German intelligence collusion with the N.S.A. remain "murky" given the innate unreliability of intelligence officials in providing comprehensible information to the public the German federal prosecutor is considering launching a formal investigation.
     The the substance of the recent allegations of N.S.A. control over the B.N.D. is consistent with a complaint filed by Austria on Tuesday against German and American intelligence agencies grounded on suspicions that the agencies have been spying on Austria according to Reuters. Moreover also last week the French-German enterprise Airbus Group filed a legal complaint leveling charges against "unnamed persons" of economic espionage including requests for more information from the German government. A related "indication that espionage might have occurred" is that "[m]embers of the German Parliament have suggested that Washington may influence how much the German government can reveal to Airbus" the New York Times reports.
     The Ninth Amendment editorial board would suggest that put more bluntly this is to say that the German government cannot disclose B.N.D. intelligence information regarding even economic and/or industrial espionage conducted who knows for what reason concerning an offended German party even of a joint venture German company unless it has permission from its N.S.A. handlers. It is hard to imagine how the B.N.D. could become more of a "complaint tool" of the N.S.A. than that. Furthermore the Airbus complaint highlights the issue of the N.S.A.-B.N.D. reportedly not only spying on individuals but on businesses including very large ones which raises the question of when and why the N.S.A. has "diversified" into business including major industrial espionage in friendly countries and if so given the technology has the N.S.A. been corrupted to the point that it has determined that legal interpretations of its authority can always be contorted to conform to an N.S.A. perception that given the cash its mission and mandate to "suck up" information is infinite?
     Finally as to this matter it appears significant that Germany's No. 2 in power after Chancellor Merkel who is German Vice Chancellor Sigmar Gabriel and the leader of the center-left Social Democrats disclosed to reporters that Merkel told him there was "nothing" to the allegations and furthermore said that he believed Merkel. However he reportedly followed this immediately by a statement that "what we are witnessing now is an affair, a secret service scandal, which could set off a very grave tremor." A rather ominous sounding warning compared to what preceded it especially coming from the German Vice-Chancellor, Germans particularly high officials generally not being known for lightly tossing off references to such events as "grave tremors".
     Those readers interested in more information concerning the above can go to link to the above-referenced New York Times article below. [UPDATE] Readers interested in further more recently developed information related to the above also can go to the second link added below.

http://www.nytimes.com/2015/05/06/world/europe/scandal-over-spying-shakes-german-government.html?partner=rss&emc=rss

Updated link: http://www.nytimes.com/2015/05/22/world/europe/intelligence-spying-germany-us.html

Copyright 2015 Martin P. All World Rights Expressly Reserved

23 April 2015

Airliner Hacker Hysteria Years-Old Story Planted By FBI Site "Airline Notice" On Day Of Expected Congress Cybersecurity Vote For Internet Militarization

     Thursday, 23 April 2015, WASHINGTON, D.C. - It comes as no surprise to the Ninth Amendment and readers of its recent posts which include the "Internet 'Militarization' Threat" post here of last Sunday, 19 April 2015 that the U.S. Government right on schedule yesterday on the expected day of the full Congressional House on the so-called "cybersecurity" bill vote eagerly awaited by corporate U.S. business to be "immunized" and the U.S. civilian and military "intelligence" community potentially greatly (legally) to expand its surveillance of and amassing of untold further amounts of private consumer information already largely compromised as revealed by Edward Snowden and others as to the NSA, took the occasion to fan public hysteria over alleged "cyberthreats" including the apparently recently coined "cyberjihad" most directly through the U.S. Federal Bureau of Investigation (FBI) yesterday posting on the FBI's previously unknown "private airliner notification" feature of its FBI website nevertheless available for all to see and dutifully picked up by the media as in the BBC Technology News article linked to below a warning that airliner onboard wi-fi systems "might theoretically" be compromised by a hacker. This is by no means even remotely breaking but more along the lines of archival "news" if that noun even is appropriate.
     Any report of a notice from the Federal Aviation Administration (FAA) which regulates the airline industry also has been oddly absent from news reports. In any case the FBI notice advised airlines to perform reports and reviews concerning listed "suspicious activity" that airlines presumably already would be doing since "[a]irline experts have warned for years that airlines are a potential target for hackers". The reason for the notice and suspected apparent attempt to further fan immediate public hysteria about "cyberthreats" on the day of the Congressional "cybersecurity" bill vote was implied to be tied to a virtual non-incident concerning an onboard United Airlines "tweet" last week by private security expert Chris Roberts making a joke in which he "suggested that he might be able to deploy the oxygen masks on the flight".
     The media dutifully has greatly expanded on this incident reported right on schedule that "[a] terrorist theoretically could take over systems that fly a plane by compromising equipment at their seat". However the report also notes that "[t]he FBI and the Transportation Safety Administration (TSA) (ed. note - which TSA perhaps is best known for its agents knowingly having allowed passengers to take guns and suitcases of illegal drugs aboard planes for cash and small gifts and more recently allegedly for 'groping' passengers) said they had no information to support claims a plane's information system could be interfered [sic] via its onboard wi-fi kit, but they were evaluating the evidence". Hopefully the FBI and TSA (not to mention the FAA and other federal agencies) have already been "evaluating" the hypothetical threat for some time as Mr. Roberts previously has given multiple public interviews including on CNN expressing his concerns (and presumably publicizing his private security company) in which he already "explained" weak points in airliners stating that one might conceivably hook up a computer under one's seat to "monitor" data from three of the onboard airline systems.
     Whatever the case Mr. Roberts co-founder of private security company One World Labs following the perpetration of his "tweet" last week was questioned by the FBI which "seized" his laptop computer and unidentified other devices (see previous Ninth Amendment posts for information on the very remote chance of getting back any "seized" items and cash from the government). United Airlines subsequently denied Mr. Roberts boarding to his flight to Seattle and banned him from all United flights so he now in punishment will need to travel by air on another airline. 
     Following last week's Mr. Roberts "tweet" incident security expert Bruce Schneier had explained " [t]he risk is a hacker sitting in the back of a plane, or even one on the ground, could use the wi-fi connection to hack into the plane's avionics and then fly the plane". He went on the the explain that no vulnerabilities to hackers were "currently" known but noted that such an attack was "theoretically possible" as all networks were "inherently insecure". Most significantly news reports rather downplayed that Mr. Schneier finally "added" that "[i]n the scheme of internet risks I worry about, its not very high".
     History would strongly suggest that the federal government (the State) here seized on the opportunity to take the occasion yesterday of the expected Congressional vote on the rushed through committee "cybersecurity" bill unconscionably to fan public fear and manipulate the People of this country over an apparent businessman's publicity stunt using an unjustified extraordinary action by the FBI and TSA (of all agencies) that could only serve needlessly to fan public hysteria over some specific remote act of "terrorism" when there undoubtedly are more pressing concerns at hand which this type of action can only serve dangerously to discount.
     It is well worth and in fact extremely important to recall at such times that from likely centuries before the time of the "Gulf of Tonkin" Congressional resolution over a totally phony incident which nevertheless drew the U.S. into the years-long nightmarish quagmire of what the military officially terms the "Vietnam conflict" since no war ever constitutionally has been declared since WWII up to and doubtless even beyond the known exploitation of public and even lawmakers' hysteria over the more recent extraordinary horrors of the 9/11 attacks and complicating subsequent anthrax scares which even had extended to the Capitol building all of which lead directly to the surreal passage of the blatantly unconstitutional last-minute ink still wet on the page unreviewed by Congress dangerously rambling laundry wish list of the illegitimate Bush Administration's worst civil liberties nightmares come true cynically misnamed "Patriot Act" that the State will exploit public fears and even create them and fan subsequent hysteria to achieve approval of extraordinary powers for the State to which it is not entitled under the U.S. Constitution and which the People in more reasoned times would not even purport to grant to the State when under the existing text of the Constitution the powers are not legitimate and therefore invalid and void as a competent U.S. Supreme Court should recognize as its sacrosanct duty under our system of government.
     In conclusion the so-called "cybersecurity" bill appears entirely objectionable on its face and in any case must be subjected to much more widespread public scrutiny than some behind-closed-doors deal between the Obama White House and Republican congresspersons before its passage by the Senate and signing into law by the President and as for the filthy piece of trash advanced by individuals who no longer even support its interpretations said to justify State abuses abhorrent to all founding principles of this republic the misnamed "Patriot Act" President Obama must not yet again betray his supporters who believed in and elected him by his once again routinely rubber-stamping out "sunset" provisions of this Bush Administration rotten legacy but on 1 June 2015 it is well past the time President Obama must allow the obviously unconstitutional and widely misused Section 215 and other provisions of the repulsive misnamed "Patriot Act" set to expire to lapse back into oblivion and most certainly not abdicate his duty only to relinquish this power to make such a critical decision to the following presidential administration.
     Without editorial comment the Ninth Amendment directs readers interested in more information on the above to the link below.   

Copyright 2015 Martin P. All World Rights Expressly Reserved

12 April 2015

Facebook "Amassed The World's Largest Privately Held Database Of Consumer Biometrics Data" Claims Class-Action Lawsuit By "Hated" Law Firm Believed To Have Recovered $1 Billion For Tech Firm Privacy Violations

     Sunday, 12 April 2015, SAN FRANCISCO - In the face of longtime U.S. government lassitude in enforcing privacy, anti-trust and other laws against giant technology firms such as Facebook, Google, Amazon and a host of others big and smaller doubtless largely because of the documented complicity of most if not all giant tech firms in contributing data to continuing blatantly unconstitutional U.S. government domestic mass surveillance and data collection operations even as European regulators have pounded these tech behemoths with privacy and other violation rulings and huge fines to which big tech seems all but impervious, there is one most unlikely lawyer Jay Edelson, 43, and his most unconventional law firm Edelson PC (whose 20 lawyers reportedly wear hoodies sporting the firm's logo to work) which has been taking a leading role in class-action attacks using mostly older laws against these technology monsters based on their invasions of Americans' privacy and has earned Mr. Edelson the New York Times tribute (or condemnation depending on one's point of view) of being "if not the most hated person in Silicon Valley, very close to it" as well as earning Edelson PC an estimated $1 billion in recoveries from these companies for alleged privacy violations.
     The class-action lawsuit brought most recently by Edelson against Facebook for its allegedly "private" data collection from use of widespread facial recognition biometric technology which as reported here in an earlier Ninth Amendment post immediately had European regulators up in arms long ago yet met with a resounding silence in the U.S. is but one in a very long series of Edelson class-action lawsuits against a virtual who's-who of tech companies which also recently saw the United States Court of Appeals for the Ninth Circuit rule that the named plaintiff had standing in another Edelson lawsuit claiming misinformation about him was sold by Spokeo a search engine that purports to sell all the (presumably correct) information it can gather on a person to whomever wishes to pay for it. Spokeo is appealing that ruling to the U.S. Supreme Court with plenty of friendly firepower provided by lawyers for other big tech companies in the form of amici curiae (friends of the Court) briefs. Mr. Edelson noted that since the revelations of contractor Edward J. Snowden of massively unconstitutional privacy breaches by the National Security Agency (N.S.A.) that courts have been much more willing to allow cases to go forward for widespread abuses and violations of Americans' privacy rights. The Federal Trade Commission (FTC) reportedly finally also has picked up the pace of initiating some actions. (The unofficial U.S. government regulatory motto being: "We're slow, but we're here.")
     Meanwhile Facebook unsurprisingly vigorously denies the charges filed against it claiming that Facebook users could turn off facial recognition biometric technology (if only they knew where to look in the notoriously confusing ever "evolving" user privacy controls of that Zuckerboy enterprise). This in fact also points to a bigger issue which may be facing Edelson in the future being that merely by clicking on a box users of many computer applications allegedly now are agreeing to the extremely lengthy "terms and conditions" which increasingly somewhere buried in them contain mandatory arbitration clauses as the days seem long gone when courts actually ruled in such cases for example against insurance companies that used such (once) obviously deceptive devices as "adhesion contracts" which virtually no one read and if they did found them essentially impossible to understand and digest much less being able to have them changed in any case if they did. Nevertheless Edelson PC reportedly took on one such matter with an arbitration clause against AT&T by filing dozens of arbitration cases just to "send a message" to other tech giants (although AT&T reportedly still does have the arbitration clause in its contracts which the Ninth Amendment thankfully has not had occasion to review).
     Whatever the case Mr. Edelson and his firm would seem to be undaunted based on his interview in San Francisco in the article linked to below as well as in viewing the photographs therein showing lawyers and/or staff from Edelson PC back in Chicago engaged in a seemingly casual untroubled game on a ping-pong table which apparently occupies one corner office of the most colorfully decorated firm of the "Billion Dollar Man" who some believe a chamption of privacy rights and others just another class-action scoundrel. In full disclosure Mr. Edelson is a graduate of the University of Michigan Law School which also was attended by a member of the Ninth Amendment's editorial board albeit in a different time period with no compensation sought nor provided for the publication of this post. Readers interested in more information concerning the above including some of the more obscure statutes relied on in lawsuits brought by Edelson PC can go to the link below.
       
http://www.nytimes.com/2015/04/05/technology/unpopular-in-silicon-valley.html?smid=fb-share&_r=0

Copyright 2015 Martin P. All World Rights Expressly Reserved

29 March 2015

Europol Chief Warns Of Terrorist Threat From Encrypted Communications

     Sunday, 29 March 2015, LONDON - Europol Chief Rob Wainwright told BBC Radio Live 5 that encrypted communications and those on the "dark net" made anonymously have become the biggest problem for law enforcement seeking to monitor terrorist communications. Mr. Wainwright who is the chief of Europe's police acknowledged that Edward Snowden's revelations about the enormous scope of unconstitutional NSA and criminal GCHQ spying on ordinary citizens' communications was the basis for the universal distrust by technology companies and ordinary citizens of the US and UK agencies and their governments for repugnant enormous continuing violations of individuals' fundamental privacy rights.
     Incidentally in "Citizen Four" the film about Mr. Snowden's path through making his astounding revelations of secret government abuses of enormous global proportions against citizens' fundamental liberties which earlier this year as covered in the Ninth Amendment won the Academy Award for best documentary film Mr. Snowden in one aside when the GCHQ comes up in conversation states to two select reporters present with him in his Hong Kong hotel room that the abuses of the British GCHQ were even significantly wider-ranging than the NSA's  (which it seems hard to believe is even possible although in any case the NSA and GCHQ are partners in crime and share their illegally gained citizen surveillance information).
     Mr. Wainwright said that law enforcement was trying hard to regain the trust of technology companies who increasingly are working to make encryption of communications available to individuals. The Ninth Amendment editorial board suggests that this seems a tall order and questions exactly how law enforcement is "trying" as neither U.S. officials including President Obama, the head of the NSA, the FBI chief, CIA chief murderer John Brennan, nor their British government counterparts are known to the Ninth Amendment to have given any indication that they intend to cease their repugnant and blatantly unconstitutional and illegal universal spying practices against ordinary citizens. In fact quite the opposite from all news accounts.
     One issue looming in the U.S. is that certain sections of the so-called "Patriot Act" the misuse of which blatantly unconstitutional legislation has appalled even its original congressional sponsor face sunset provisions in coming months which will kill significant provisions of the cynically misnamed Patriot Act failing congressional intervention (the Obama administration favors the continuation of these provisions in force but so far has claimed it will not intervene if Congress fails to act to preserve these provisions).
     Europol Chief Wainwright in warning of encrypted communications as the biggest problem facing law enforcement which presumably would include those available on certain email accounts most notably the allegedly most NSA-proof encrypted free ProtonMail also covered here in an earlier Ninth Amendment post as well as in many new apps including for cellphones being made widely available specifically referenced his concerns about Apple's new cellphones with encryption that is apparently uncrackable by law enforcement who have been provided no "backdoor" key with which to capture cellphone users every word.  
     Another area of significant concern to law enforcement is the so-called "dark net" which can be accessed easily with the U.S. government created publicly available for free immediate download "Tor" browser which although the FBI claims at least once to have cracked apparently only has endpoint vulnerability which if not exploited makes internet communications impossible to trace. Finally Europol Chief Wainwright also specifically warned of threats posed by availability of social media to terrorists. Mr. Wainwright claimed that IS (aka ISIS aka ISIL) has at least 50,000 Twitter accounts tweeting upwards of 100,000 messages a day.      In response to such challenges facing totally discredited law enforcement which has disgusted entire nations Mr. Wainwright claims that Europol is now setting up a European Internet Referral Unit to identify and remove internet sites used by terrorist organisations. The Ninth Amendment would like to point out that it most likely would be difficult to remove Twitter from online existence. In any case Mr. Wainwright unbelievably went on to apparently even better his American counterparts in criminal surveillance ambitions to state that existing laws are "deficient" and law enforcement should be able to monitor all areas of the online world. Europol Chief Wainwright's reported remarks concluded with him saying "[w]e have to make sure we reach the right balance by ensuring that the fundamental principles of privacy are upheld so there's a lot of work for legislators and tech firms to do".
     The Ninth Amendment will not be holding its breath. Interested readers will find more information on the above at the link below to the BBC News Tech article reporting on the BBC Live 5 interview with Europol Chief Wainwright also providing further links.

http://www.bbc.com/news/technology-32087919

Copyright 2015 Martin P. All World Rights Expressly Reserved

17 October 2014

FBI Director James Comey Must Be Booted Out As He Announces Intention To Keep Federal Spying On All Americans Derailing Google And Apple Cellphone And Future Device Encryption Developments "Locking" Personal Information By Default So Once Again Exposing U.S. Tech Users To Domestic And Foreign Spying, Criminals, Hackers, And Other Bad Actors Making Americans' "Secure" Information An Impossibility - He Is A "Back Door Man"

       Friday, 17 October 2014, WASHINGTON, D.C. - The Ninth Amendment urges all readers concerned about one of today's very top fundamental core Constitutional priorities of reinstating real personal privacy, security in their personal effects and affairs and essential liberty in the "tech age" especially in light of ongoing Snowden revelations of the still untold full depth of the uncontrolled wholesale illegal NSA and other U.S. "national security" agencies' unconstitutional domestic spying on all Americans with no regard either for innocence nor fundamental freedoms from universal lawless criminal government spying that all such concerned readers please consider setting aside the time to read very carefully and pass on as they may deem appropriate the below linked to critical New York Times article reporting in depth on a "policy discussion" given to the Brookings Institution by FBI Director James Comey.
       His documented statements revealed him to be a very dangerous man to our great Nation's future who President Obama (formerly having stated he does not agree with his views) in the opinion of the Ninth Amendment Editorial Board should remove from office as soon as possible before he can (further) execute on the positions he has taken against tech company efforts to give all Americans the ability to take into their own hands the essential liberty, security in their personal effects and affairs, and real personal privacy which is fundamental to our system of government which demonstrably has failed us in the State's absolutely unapologetic complete lack of respect for the very foundational rights of Americans informing the very basis of that compact known as the United States Constitution from which any State power legitimately must derive from the People or otherwise cease to exist.
       The immediate flash point of FBI Director James Comey's most revealing disturbing disclosures of his (but not necessarily the full Administration's) dangerous intentions is the immediate fact of the emergence of Google and Apple cellphones that automatically encrypt or "lock" stored user information not in transmission such that it is accessible to no one but the user including not the maker of the device, U.S. domestic and foreign government spies, hackers, thieves nor all manner of bad actors which is the subject of a federal lawsuit discussed in two previous posts here which the FBI and other US domestic spying agencies lost brought by companies such as tech giants Google and Apple supported by Facebook (and later another related case filed by Twitter) seeking to prevent restraint of their development and sale of these phones and other devices and by extension to prevent further attempted restraint of new such consumer devices and other technical privacy developments which legal decision the FBI and other federal spying agencies currently plan to appeal despite President Obama's Advisory Committee having advised an apparently earlier agreeable President Obama that such codified restrictions should neither be attempted nor implemented and probably would not be supported by Congress either.
       In other words FBI Director James Comey must go because rather than having learned a single redeeming lesson from Snowden's disclosures and their devastating effect on the remaining trust of the American people revealing the vast horrifying deeply criminal culture of federal "national security" domestic spying agencies' contempt for the U.S. Constitution which appears the dominant culture of the State is wholly repugnant to those lovers of liberty and privacy as being fundamental and non-negotiable to a civilized people such as demonstrated for example by the good solid people of New Hampshire who emphasize they would rather "Live Free Or Die" that what FBI Director James Comey instead completely contrary to that lesson has revealed is that what he intends to do is take such utterly contemptible illegal federal State behavior and make it the unabashed law and official policy of this land of the free and home of the brave.
       FBI Director James Comey now fully exposing himself at the vanguard of such deeply misguided thinking and misdirected intention with the will and ability to execute such that he would in fact if anything inadvertently perhaps but nevertheless all the same further destroy the foundations of this Country he would seek to protect therefore has shown himself to be a new United States enemy even with the best intentions for but the worst effect on the liberty and privacy of the American people. Those who would read the article linked to below will see that FBI Director James Comey would brush off such gravely weighty considerations as he must with a few shallow platitudinous unsubstantiated fictional anecdotal-style scares about the same old tired usual subjects as child pornographers, terrorists, hackers, thieves and so on who ironically probably are more greatly benefited by the current system allowing any one of them in the world to roam free in one's most private areas at will from which the major tech companies unified desperately are trying to protect all Americans even as the State is not.
       FBI Director James Comey should be removed from office because whatever his intentions may be the result of their fulfillment will be such further damage to the United States Constitution and its battered core fundamental principles of life, liberty and the pursuit of happiness contingent on the lack of unjust intrusion of the State (and the many others to whom it would let the door remain open) into one's most personal and private affairs especially in the still present wake of recent years' unlawful State actions that are so anathema to this Great Country's founding principles that one fears ultimately for the United States survival under such an unjust and misguided burden on the foundations upon which it was created.
       God Bless the United States of America. Long may it live.

http://www.nytimes.com/2014/10/17/us/politics/fbi-director-in-policy-speech-calls-dark-devices-hindrance-to-crime-solving.html?hpw&rref=politics&action=click&pgtype=Homepage&version=HpHedThumbWell&module=well-region&region=bottom-well&WT.nav=bottom-well&_r=0

Copyright 2014 Martin P. All World Rights Expressly Reserved