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Anti-war activists who were infiltrated and spied on by the military for years have now been placed on the domestic terrorist list, they announced Monday. The shocking revelation comes as the activists prepare to sue the U.S. military for unlawful spying.
“The fact that a peaceful activist such as myself is on this domestic terrorist list should be cause for concern for other people in the US,” declared Brendan Maslauskas Dunn, plaintiff in the lawsuit. “We’ve seen an increase in the buildup of a mass surveillance state under the Obama and Bush Administrations.”
The discovery is the latest development in a stunning saga that exposes vast post-9/11 spying networks in which military, police, and federal agencies appear to be in cahoots.
Documents declassified in 2009 reveal that military informant John Towery, going by the name ‘John Jacob,’ spent over two years infiltrating and spying on Olympia, Washington anti-war and social justice groups, including Port Militarization Resistance, Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War.
Towery admitted to the spying and revealed that he shared information with not only the military, but also the police and federal agencies. He claimed that he was not the only spy.
The activists, who blast the snooping as a violation of their First and Fourth Amendment rights, levied a lawsuit against the military in 2009.
“The spying resulted in plaintiffs and others being targeted for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution,” reads a statement by the plaintiffs.
The Obama Administration attempted to throw out the litigation, but in December 2012 the 9th Circuit Court ruled that the case could continue.
When the plaintiffs were preparing their deposition for the courts two weeks ago, they were shocked to discover that several Olympia anti-war activists were listed on the domestic terrorist list, including at least two plaintiffs in the case.
The revelations prompted them to amend their lawsuit to include charges that the nonviolent activists were unlawfully targeted as domestic terrorists.
“The breadth and intensity of the spying by U.S. Army officials and other law enforcement agents is staggering,” said Larry Hildes, National Lawyers Guild attorney who filed the lawsuit in 2009. “If nonviolent protest is now labeled and treated as terrorism, then democracy and the First Amendment are in critical danger.”
Plaintiffs say this case takes on a new revelevance as vast NSA dragnet spying sparks widespread outrage.
“I think that there is a huge potential for the case to set precedent,” declared plaintiff Julianne Panagacos. “This could have a big impact on how the U.S. military and police are able to work together.”
She added, “I am hopeful we will win.”
Published on Monday, June 24, 2013 by Common Dreams
– Sarah Lazare, staff writer
Find this story at 24 June 2013
This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License
(Image: Jared Rodriguez / Truthout)Accused of domestic terrorism in the course of the Chicago NATO summit,
Brian Church, Brent Betterly and Jared Chase were arguably victims of police entrapment and the use of “Red Squad” tactics the Chicago police were formerly enjoined from employing.
When local and federal police conducted a no-knock, midnight search warrant raid in May 2012 at an apartment in Chicago’s Bridgeport neighborhood, it looked at first like a failed mission.
Yes, police seized a group of 11 political activists in Chicago to protest an international summit of the North Atlantic Treaty Organization (NATO). But most of the arrestees were released without charge, and rumors soon began to swirl.
Police chained protesters to benches for 18 hours, one television station reported. Chicago Police Department (CPD) sources told Truthout the raid would unearth Molotov cocktails – homemade firebombs made of breakable glass bottles and gasoline. But they found beer brewing equipment instead.
“If anybody would like some,” one Bridgeport tenant told Truthout, “I would like to offer them a sip of my beer.”
Then things turned.
Of the 11 Bridgeport arrestees, it turned out, two were undercover cops. And beer-brewing equipment wasn’t the only thing the authorities found.
Mo and Nadia at Woodlawn (Photo Courtesy of Occupy Chicago)
They found four dark beer bottles “containing a clear liquid” implied to be gasoline. They found a pint can containing four presumably gas-soaked cloths. They found another pint can containing four glass vials each containing saturated cotton, along with four gas-soaked pieces of cloth, an empty gas can, a black tactical vest and a black gas mask. They found a compound bow and nine arrows.
They found two knives in sheaths, two swords in sheaths, and a set of handcuffs. They found a metal throwing star (a sharp, hand-held blade). They found a PVC pipe with a black flag attached. Authorities also found a printed photo of the female undercover officer who led SWAT teams to Bridgeport in the first place.
This litany of materials, police told Truthout, belonged to three men visiting Chicago from Florida to protest the NATO Summit – and, allegedly, to set parts of the Windy City aflame.
Dubbed the “NATO 3” in media reports, they face maximum sentences of 85 years in prison apiece if convicted, under a decade-old Illinois law that had never been used before. And that was without ever carrying out an attack.
Mug shots taken of the “NATO 3” after their arrests (From Left to Right: Brian Church, Brent Betterly, Jared Chase)
Their arrests may paint a picture of what federal authorities wish they had done to stop the bombings in Boston, or the Fort Hood shootings, or any actual terrorist attack carried out by suspects who had aroused suspicion from authorities.
Unlike the Boston bombers, the NATO 3 hadn’t set off any bombs prior to their arrests. Unlike the Fort Hood shooter, they hadn’t shot anyone. They hadn’t thrown molotov cocktails. They hadn’t even pressed dummy detonators, as was the case with five Cleveland activists in a similar domestic terrorism investigation last year.
They just ran their mouths. They just talked about revolution. And they went far enough into a conspiracy to elicit major charges.
To this day, more than a year after their arrest in Bridgeport, the NATO 3 are still sitting in Chicago’s Cook County Jail, awaiting their trial, which is set to begin on September 16, one day before the two-year anniversary of the Sept. 17, 2011, launch of Occupy Wall Street.
Their case is a big one. It’s the new face of US counterterrorism investigations – a template for pre-crime arrests, performed through entrapment by police – to stop supposedly dangerous political acts before they happen.
And if the “3” are convicted in September, it could set a troubling precedent far beyond the borders of Illinois.
Who are the NATO 3?
While Occupy Wall Street helped to ramp up the possibility for major protest action in cities such as Chicago, it also brought together young activists who would’ve never met otherwise. Case in point: Chase and Betterly.
The duo met in Washington DC at an Occupy protest. They were arrested, arm in arm, in front of the White House, while protesting the National Defense Authorization Act.
It wasn’t the first arrest for either man.
Years ago, when Chase was 18 and living with his folks in Keene, N.H., he was charged with “attempt to commit an assault and reckless endangerment after allegedly pulling a knife on another man,” according to the New Hampshire Union-Leader.
A month later, Chase received more charges, this time for first-degree assault and conduct after an accident, which earned him nine months in jail.
“In that incident, Chase was found guilty of hitting a man with a car after the two had a fist fight,” said the Union-Leader article. “The victim’s impact with the car damaged the windshield, but the man was not seriously injured. . . .The conduct after an accident charge was added because Chase drove off after striking the man.”
He spent six months in jail. He had trouble with drugs when he got out. He violated his probation three times and then eventually moved to Boston, where he stayed for years and worked as a cook at a P.F. Chang’s.
A photo from Jared Chase’s Facebook
Late last year, Chase left his life in Boston. A drifter, he headed to Rhode Island briefly and then to Washington, D.C.
After Chase and Betterly were arrested outside the White House, they headed toward Oakland Park, Florida, just north of Fort Lauderdale, where Betterly’s from, before heading to Miami.
Chase was arrested again as part of a group during Occupy Miami before heading off to Chicago. That group was found with bolt cutters, a baseball bat and a sledgehammer, but they were not charged.
The Miami New Times described Betterly, “with his good looks and dreadlocks,” as “a hippie who attended rainbow gatherings.” He had a criminal record in Florida, but nothing violent: Last September, he and a friend were drunk when they broke into a high school, did some after-hours swimming and broke a cafeteria window. Police picked them up. Betterly was released, but he still faces a pending burglary charge.
A photo from Brent Bettery’s Facebook
New Times reported that Betterly was known among those at Occupy Miami “for his creativity and commitment to fighting foreclosures,” while Chase was seen as more “enigmatic”: “The chain-smoker was a computer whiz who . . . spent days wandering around downtown and talking to homeless people.”
On March 14, 2012, Occupy Miami was raided by police, and Chase was there when it happened. It was depicted on Chase’s Facebook page, in fact, underneath a picture of a SWAT team outside an apartment complex housing members of Occupy Miami.
Church (aka “Sum Wun”) joked – ominously with the benefit of hindsight – that the raid was the result of a “terrorist meeting.”
Occupy’s Open Door for Infiltration: Enter “Mo” and “Nadia”
When it comes to protecting itself from prosecution, one of the Occupy movement’s truest merits – the inclusion of “the 99 percent” and acceptance of anyone willing to lend a hand – is also its fatal flaw.
CPD undercover officers began their investigation in February 2012 as part of a temporary 90-day assignment to monitor NATO protests. Undercover officers soon entered Occupy Chicago posing as activists and did so with ease.
Occupy Chicago organizer Matthew McLoughlin explained the hectic nature of preparations in the months leading up to the NATO Summit protests.
“Every day of the week . . . we had an action going on. So we were making sure that went off without a hitch,” he told us. “And then we had out-of-towners pouring in, so we had to take care of that
“We weren’t really prepared” to deal with undercover police officers, he continued.
That’s how two undercover officers, going by the names “Mo” and “Nadia,” would soon become the NATO 3’s downfall.
In early March, an undercover officer – a big man, a little over 6 feet tall, bearded and dark-featured, in his mid-30s with broad shoulders, wearing jeans, a black hoodie and a black winter cap – was first spotted by central organizers of the NATO Summit protests at a planning meeting.
He went by “Mo.”
A photo of “Mo,” the pseudonym for the undercover informant agent responsible for the entrapment-created arrests of the “NATO 3” and now two others taken by an activist and submitted to the National Lawyer’s Guild Chicago. (Photo Courtesy: National Lawyers Guild)
During small group introductions, Mo said he became an activist because he had been laid off from a job. “Shit blew up,” he said, and Occupy Chicago started. No further explanation was needed.
Mo would show up at a public Occupy event later in March with a woman who would always be by his side: a young woman who went by “Nadia Youkhana.”
Nadia was tall, with tanned skin. Some Occupy sources told Truthout she claimed to be Syrian. Many activists said she was charming and bubbly. They were attracted to her seeming genuine excitement to get involved with activism. If “Mo” was the brawn of the two-person team, “Nadia” was the brains.
Photo of “Nadia” released by Occupy Chicago
Nadia showed up alongside Mo at an Occupy General Assembly – a completely open meeting for anyone new to the movement – to introduce themselves, saying they were cousins. She talked with an Occupy Chicago organizer who oversaw a number of list-serves and who generally passed information about meetings to anyone who needed it.
Nadia seemingly saw this organizer as un-dangerous and useful; she kept in touch with him to monitor when various meetings were taking place and rallies were being planned, as well as to get email addresses of everyone involved in Occupy Chicago.
Mo and Nadia were on a 90-day temporary duty undercover assignment as part of CPD Field Intelligence Team 7150 (FIT 7150). The team was tasked with “attend[ing] Occupy Chicago and anarchist movement events for the purpose of observing and listening to reports of any planned criminal activity” in the run-up to the NATO Summit, according to pre-trial court documents.
Truthout visited the apartments of both Mo and Gloves, but both denied comment.
Woodlawn
The Woodlawn Mental Health Clinic on Chicago’s south side was one of six city-operated facilities scheduled for closure in April 2012. Occupy Chicago activists planned to protest on a daily basis.
Occupy Chicago activists link arms to form a human chain outside the occupied Woodlawn Clinic on the night of Thursday, April 12 2012. (Photo: Marcus Demery / Flickr)
At one of these protests in early April, 23 were arrested. Mo and Nadia thought a second protest – and an inevitable series of arrests – might cause some protesters to plan something violent, according to sources.
So when 10 protesters were arrested on April 23, Mo and Nadia were there.
“At the time, I couldn’t figure out why we were under such close surveillance this particular night,” recalled Rachel Unterman, press liaison for Occupy Chicago. “I thought they were overreacting to a few tents and a handful of expected arrests. Now I know that they had undercover officers in the field, which raised the stakes.”
The 10 spent the night in a Cook County Jail facility together. Some of them found “Mo” and “Nadia” to be a bit odd.
“When she walked into the police van was the first time I had ever seen her,” Christina Pillsbury told Truthout, a University of Chicago student who was arrested with Nadia that day. “It didn’t really make sense because I had seen everyone else arrested with me that day before, but I didn’t really have time to think about it at the time, either.”
Pillsbury recalls her being “really funny” and “really liking her at first.” Nadia also told Pillsbury and her fellow arrested activists “really intense stories about her sister’s mental illness.”
But she also recalls Nadia trying to rile up her and the other women arrested that day in jail. Pillsbury says Nadia started to “freak out” when the police were giving her stuff back to her and they only gave her one of her two cell phones – in hindsight, the two phones being another telltale sign that something was off, she noted.
“It seemed as if she was trying to get us in the whole ‘fuck the police’ mentality, but she was barking up the wrong tree,” noted Pillsbury. “We didn’t even do anything violent to be in jail in the first place; we just stood our ground across the street from Woodlawn in an act of nonviolent civil disobedience.”
Mo had told a story paralleling Nadia’s at Woodlawn Clinic prayer vigil earlier that day, shared by Mental Health Clinic activist Matt Ginsberg-Jaeckle. Mo said he had a “cousin struggling with mental health issues” and that was why he felt strongly about the events unfolding at Woodlawn, compelling him to take part in them.
Mo also played the violence game. While in lockup, he approached one of the arrested activists. “What’s our next step?” he asked Ginsberg-Jaeckle. “We need to step this up a notch.”
Another Woodlawn activist, James Arentz, locked up with Mo, recalled him saying he was once arrested for “violence,” as if to gauge if his compatriots in jail were also interested in participating in illegal violent acts.
Arentz said he showed little interest in taking this route, and it was a route he had never gone down before as a veteran, middle-aged activist and father. Mo soon lost interest in him after a round of intrusive questioning.
Roger Shuy, an emeritus professor of linguistics at Georgetown University, refers to tactics utilized in jail by Mo and Nadia as the “hit-and-run” strategy for undercover cops.
“If the target does not say anything that seems to point to his guilt, many undercover operators begin to ‘drop in’ hints about illegality, sometimes clear and sometimes not,” he writes in his book Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language. “It is commonplace that when they drop these hints into the conversation and are unsure how their targets might react, they often quickly change the subject to something benign before they give up their turn.”
May Day, May Day
If anyone at the Chicago NATO Summit was going to “step this up a notch,” it was Jared Chase, Brent Betterly and Brian Church – the NATO 3.
In south Florida, Betterly and Church – court records reveal – made plans over Facebook, in private messages, to visit Chicago for NATO. That was April 19, the date the “conspiracy to commit an act of domestic terrorism” began, according to Illinois state prosecutors.
In those messages, Church said he wanted to “get on the front lines” of the protests. Betterly agreed, writing that the Chicago NATO “protests are gonna get ugly.” During that same interaction, Betterly asked if Chase would also make the trip to Chicago.
On April 24, Betterly discussed molotov cocktails with a female acquaintance on Facebook after asking that acquaintance to come to Chicago and then typing, “riot!!” Betterly responded: “u cant apologize after throwing a molotov cocktail.” Betterly wrote that he might “catch some charges” in Chicago.
Official accounts suggest the “NATO 3” domestic terrorism plot began on May 1, known by leftist activists as “May Day.” Chase, Betterly and Church were part of the “black bloc” for a large march planned for that day.
Betterly in blue jeans and blonde hair with bandana over his face, Chase on far right in all black and black bandana over face (Photo Courtesy of Occupy Chicago)
Black bloc is a protest tactic in which activists dress in all black, often wearing bandanas, ski masks and other clothing to conceal their faces and identities and to appear as one group in solidarity. On May Day, Nadia and Mo were there, posing as members of the bloc.
Photo obtained from video of May Day rally shot by member of Occupy Chicago. “Nadia” in white shoes, Church in red bandana, Chase to his right and Betterly to far right.
Occupy sources said Nadia was pushing for militant violence within the black bloc, which can be seen on a YouTube video, as well.
Church in red bandana, Nadia in white shoes and Mo to the right with anarchist black flag (Photo Courtesy of Occupy Chicago)
Later that night, Church told “Mo” and “Nadia” that he wanted to find “targets” for the NATO Summit. Occupy sources said Nadia actively attempted to provoke violence that night, asking people if they wanted to go out into the streets and light dumpsters on fire. That never panned out.
On May 2, Church met up with Mo and Nadia in Chicago’s financial district. According to court records, “Church immediately told the undercover officers to remove the batteries from their [cellphones] so that the conversations could not be subject to government eavesdropping.”
Church had come there with an assault vest he told Mo and Nadia he would like to fill with foam for more cushioning. On that day, he also allegedly asked Mo and Nadia where he could purchase a filter from an Army Plus store (aka a gas mask) and where he could buy three assault rifles, plus a long rifle.
Mo and Nadia said Church told them, “If a cop is going to be pointing an AR at me, I’ll be pointing one back at them.” He also said he wanted to make smoke bombs to throw during the NATO Summit and that he owned a bow and arrow that could shatter a window.
Church allegedly formulated a grand plan that day with Mo and Nadia to attack four police districts and destroy as many police vehicles as possible. He’d do the latter by bringing together groups to destroy police vehicles days before the NATO Summit. Church also said he wanted to “hit” a Chase Bank and shoot an arrow through Mayor Emanuel’s window.
“If everything goes according to plans, I am leaving right after NATO,” he allegedly told Mo and Nadia during this meeting. “The city doesn’t know what it’s in for, and after NATO, the city will never be the same,” he reportedly told Mo and Nadia.
On May 4, Brian Church and Jared Chase met with Mo and Nadia at a park in Chicago’s Bridgeport neighborhood. At this meeting, according CPD search warrant documents, they discussed destroying police vehicles parked in police parking lots during the NATO Summit to damage and disrupt their response to protesters.
Two days later, Mo and Nadia met with Chase and Church again to discuss using sling shots to destroy the windows of President Obama’s campaign headquarters. Church allegedly asked the two undercover officers where he could go to buy metal pipes to break windows.
On May 8, Mo and Nadia were invited into the Bridgeport apartment for the very first time.
While there, CPD search warrant documents allege, Brian Church invited them into a bedroom and showed them a bow and arrow with 10 arrows, two metal swords, one silver Chinese throwing star, two knives with brass knuckle handles, a black gas mask, knee/shin pads and arm pads. He also told Mo and Nadia he had a homemade mortar.
Chase allegedly asked the two undercover officers where he could buy cocaine or heroin.
On May 14, the use of molotov cocktails during the NATO Summit was first mentioned by Church to Mo and Nadia. According to CPD search warrant documents, Church also said at the May 14 meeting that he had built a mortar gun with PVC pipe and a piece of wood and that he had filled the mortar gun with bottle rockets, further noting that it was operational.
Church also told Mo and Nadia that they seemed like two “anarchists in a pod,” and he would like for them to travel with him to other states during his activist journey. Church allegedly offered them the opportunity to travel with him if they were willing to shoot a rifle, point it, and shoot someone with it.
On May 16, the day of the raid, Mo and Nadia met the “NATO 3” for a protest and convened at the Bridgeport apartment later that night, according to CPD search warrant documents.
Once inside, they discussed how to make and then constructed four molotov cocktails for use at the NATO Summit. Mo and Jared left for BP to buy the gasoline for the molotovs, the last necessary ingredient for the cocktails.
Truthout has obtained the video of Jared Chase purchasing the gasoline from the BP Station, published here from multiple angles for the first time.
“Church handed one of the officers a knife and advised him to cut a bandana in strips for use as fuses for the molotov cocktails,” a Feb. 15, 2013, court document states. “Betterly cautioned that gasoline should not be poured directly on the cloth; the cloth should be soaked in the bottles. Chase poured the gasoline into the bottles and then turned the bottles over so the strips could be soaked.”
While making the cocktails, Church allegedly asked Nadia if she were “ready to see a police officer on fire.” That’s when the police decided to act. That night, officers from the CPD and the FBI raided the Bridgeport apartment.
Nowhere in the search warrant – or in any of the hundreds of pages of discovery documents later made public – does the prosecution mention one pivotal point: Two aggressive undercover cops helped along – and possibly even incited – the plot.
Mapping the Chicago Activist Community’s “Human Terrain”
It should go without saying that the NATO 3 are not being represented by high-priced attorneys. They are, however, being represented at no charge by attorneys at the People’s Law Office of Chicago (PLO), which specializes in high-profile civil rights cases involving law enforcement.
On April 30, the office filed court papers arguing that under a recent consent decree – an agreement dissolved in 2009 that limited undercover police activities by the City’s notorious Red Squad, a unit that spied on the political and social activities of Chicagoans during the 1950s and 1960s – CPD’s undercover operation in the NATO 3 case would have been illegal.
“At its heart, the consent decree prohibited precisely the type of undercover activities that CPD engaged in here,” PLO argued. “[It] appears to be the broadest foray into undercover activities implicating the First Amendment.”
PLO also argued that the spying and entrapment attempts were motivated by the ideology of the activists, not an imminent threat to public safety.
“The state has acknowledged a . . . broader investigation of Occupy Chicago . . . and political organizing surrounding the NATO Summit,” the PLO stated in a court motion. “This large, overarching operation began by March 2012 and was . . . based in part by political affiliations and beliefs.”
The Booz Allen Hamilton Connection
Court records also show that members of the FBI’s Chicago Regional Computer Forensic Laboratory (RCFL) may be called to testify if the case goes to trial.
A domain name search for Chicago RCFL’s web site shows that it was registered by military and intelligence contractor Booz Allen Hamilton (BAH).
BAH is a major US Central Intelligence Agency (CIA) and US National Security Agency (NSA) contractor abroad. Former CIA Director R. James Woosley once served as BAH Vice President, while Director of National Intelligence James Clapper once served as a BAH executive and current BAH Vice Chairman John “Mike” McConnell held Clapper’s position under former President George W. Bush.
Edward Snowden – the NSA whistleblower who revealed classified NSA spy program to The Guardian and The Washington Post – was a contractor for BAH at the time of the leak.
Michael Hayden, the former head of the NSA and CIA, as well as the deputy director of National Intelligence has referred to BAH as a “Digital Blackwater,” a reference to Blackwater USA – now known as Academi – the “world’s most powerful mercenary army.”
“[BAH] is one of the NSA’s most important and trusted contractors. It’s involved in virtually every aspect of intelligence and surveillance,” writes investigative journalist Tim Shorrock in a recent article. “Among other secret projects, Booz was deeply involved in ‘Total Information Awareness,’ the controversial data-mining project run for the Bush administration.”
Photo Credit: Wikimedia Commons
Missed in Shorrock’s analysis: BAH also provides IT and logistical support for the Pentagon’s Human Terrain System and its Human Terrain Teams, which “map the human terrain” of communities abroad for the military and CIA.
A career New York cop, Chicago Police Department (CPD) superintendent Garry McCarthy is no stranger to the Human Terrain System.
It wasn’t long he after formally assumed the mantle of CPD superintendent in 2011 that McCarthy drew fire for having allowed a spy ring tasked to “map the human terrain” of Newark, N.J.,’s Islamic community to operate there, where he served as police chief before taking the position as CPD’s top dog.
McCarthy also served as an NYPD commander when the police set up spy rings before the 2004 Republican National Convention in New York City and during “CIA on the Hudson,” the joint NYPD/CIA project that was set up and run by former CIA Deputy Director for Operations David Cohen to “map the human terrain” of New York City’s Islamic community.
Shortcomings of “Mapping Human Terrain”
The problem with “mapping the human terrain”: It relies on overly-simplistic stereotypes. Case in point: FBI Special Agent Maureen Mazzola.
Mazzola is designated in court records as one of the people the state of Illinois may call to testify if the “NATO 3” case goes to trial. She’s also infamous for an incident based on stereotypes that unfolded before the 2008 Republican National Convention (RNC).
In a nutshell, Mazzola attempted to recruit a University of Minnesota (U of M) student in spring 2008 to join the FBI’s ranks as an informant. Conned into the meeting by U of M’s police sergeant, the student was displeased and came to the press to tell his story.
“She told me that I had the perfect ‘look,'” recalled the student after the incident. “And that I had the perfect personality – they kept saying I was friendly and personable – for what they were looking for.”
Stereotypes were the name of the game for the FBI and Mazzola, as an account in the Minneapolis/St. Paul’s City Pages said.
“What they were looking for [was] someone to show up at ‘vegan potlucks’ throughout the Twin Cities and rub shoulders with RNC protesters, schmoozing his way into their inner circles, then reporting back to the FBI’s Joint Terrorism Task Force, a partnership between multiple federal agencies and state and local law enforcement,” reads City Pages’ rare inside look into the recruitment of an informant.
The days leading up to the 2008 RNC saw the arrest of Scott DeMuth, an animal rights activist and member of the Animal Liberation Front (ALF). His charges: an “animal enterprise terrorism” plot that took place in a University of Iowa lab dating back to 2004.
This fishing expedition was lead by Mazzola and ended with DeMuth pleading guilty and serving six months in jail.
“As Special Agent Maureen Mazzola testified to on the stand in Scott’s pre-trial hearing, the FBI used the pretext of this raid as a fishing expedition, searching Scott’s room for anything linking him to ‘criminal activities’ that fell well outside of the scope of the search warrant being executed,” his support committee explained. “In this process, Mazzola came across a journal that she mistakenly believed linked him to the 2004 ALF raid at the University of Iowa.”
Court documents for that case show that Mazzola – unsurprisingly, given the backdrop – was working with an informant leading up to DeMuth’s eventual arrest. Mazzola was one of the people the US government called to testify as a witness during the DeMuth trial.
One Man’s Terrorist, Another Man’s Language Criminal
Digging deeper, there’s also the question of “Why ‘terrorism’?” Why not just leave the NATO 3’s charges at the several felony counts?
PLO tackled the issue of terrorism head-on.
PLO made the legal argument in Jan. 2013 that the language in Illinois’ terrorism statute may be overly broad and unconstitutional. Judge Wilson, though, denied this constitutional challenge two months later, saying the law under which the three were charged is constitutional on its face and as applied.
It all boils down to politics, and a May 2012 Chicago Tribune story demonstrates the political nature of the charges, which were decided on at the proverbial 11th hour the night before the May 19, 2012, bail bond proffer hearing.
“[Cook County Attorney General Anita] Alvarez and seven of her prosecutors spent Friday evening analyzing the statute and weighing whether their case rose to the level of domestic terrorism,” reported the Tribune. “It was a marathon meeting with lawyers reading the statute out loud at times. Others ran in and out of the room to look up case law on other potential charges, such as conspiracy to commit arson. After four hours of debate, Alvarez polled those in the room and had a clear consensus that the terrorism statutes offered the toughest penalties and sent the strongest message.”
As an important parallel, a 2009 Neo-Nazi and right-wing terrorism threat report done by the US Dept. of Homeland Security (DHS) went unpublished and censored, showing the truly political nature of “terrorism” charges. The author of the report, a former DHS analyst, has asserted that he warned of the right-wing “terrorist” elements that fueled the 2012 attack on a Sikh temple in Wisconsin – and that his warnings were ignored.
Another example: In Boston, local police in conjunction with federal law enforcement, focused attention on the political activism of local Occupy activists at the same time they missed the actual threat posed by the Boston Marathon bombers.
Contentious political events are, in many ways, a trap set to capture those who even insinuate the wrong kind of political language – “creating language crimes” – as Shuy put it in his eponymous book.
“The persons wearing the undercover mike . . . begin their work with a distinct power advantage over those they talk with,” Shuy writes in his book. “In undercover conversations, when the targets think they are simply engaged in everyday conversations, they are less on alert and are frequently less careful about how they say things. The persons doing the taping, in contrast, have the power to decide when to tape, who to tape, when to start the taping, when to stop, and even how to slant the conversation to serve their own ends.”
Shuy refers to this as “manipulative seduction.”
“When being seduced,” Shuy adds, “the listener does not understand the hidden intent of the seducer.”
The overall message is clear: Whatever your political stripe in the United States, the authorities are watching. That’s no longer a conspiracy theory. It’s policy and now just a question of what the authorities do with that intelligence.
And that decision is by-and-large a political one.
If any case in the last decade has shown that reality, it’s the case of the NATO 3.
Their case revealed authorities watching anarchists and the Occupy movement – specifically designated as the reason for the creation of Field Intelligence Team 7150 – with an all-seeing eye.
These young men fit the stereotypical profile of what a homegrown terrorist is “supposed” to look like. They’re politically active and angry with their country’s direction, burdened with nothing to lose but their freedom, and maybe, their lives.
The CPD and state of Illinois would like you to believe that makes them dangerous – unhinged and ready to strike out and hurt people with impunity, at any moment.
But perhaps they weren’t. The burden of proof falls on the prosecutors to make the case that they were.
Steve Horn
Steve Horn is a freelance investigative journalist, and a researcher and writer at DeSmogBlog.
Matt Stroud
Matt Stroud is a contributing writer at tech website TheVerge.com, where he writes about policy and law. Follow him on Twitter@ssttrroouudd.
Friday, 21 June 2013 00:00
By Matt Stroud and Steve Horn, Truthout | Report
Find this story at 21 June 2013
© 2013 Truthout
After Brian Church completed a course in emergency medicine at Broward College, he told his mother he was headed to Chicago for hands-on experience he hoped would boost his chances of becoming a paramedic.
“He was very proud of the fact that he was helping set up the first-aid tents,” said Elizabeth Ennis of her son’s participation in the NATO summit protest movement.
It has been a year since Church and two others from South Florida arrived in the Windy City and were arrested in a raid of an apartment just before the May 2012 summit.
Prosecutors allege the trio — now known by a cadre of supporters as the “Nato 3” — planned to use Molotov cocktails to blow up political targets, including Chicago Mayor Rahm Emanuel’s home and President Barack Obama’s downtown re-election campaign headquarters last year.
Yet, with the terrorism trial set to begin Sept. 16, defense attorneys for the men, along with Church’s mother, are calling the charges absurd.
“The whole terrorism thing just blows my mind,” said Ennis, a physician’s assistant and former Pembroke Pines resident who now lives in Central Florida. “This is a kid who made sandwiches to hand out to the homeless.”
Church, 21, Brent Betterly, 25, of Oakland Park, and Jared Chase, 29, a New Hampshire man who had been living in Miami, each are charged in an 11-count indictment with conspiracy to commit terrorism, possession of explosives and attempted arson.
In Illinois, they remain in custody on $1.5 million bond.
Church’s lawyer, Michael Deutsch, tried to get the charges thrown out, arguing that the law passed by the Illinois Legislature in the wake of 911 and used only once before is unconstitutional and being used politically.
“This is an attempt to take the acts of young people who are talking about criminal vandalism and convert it into terrorism in order to chill all militant activity in protest,” Deutsch said.
In a March 27 ruling, County Judge Thaddeus Wilson upheld the statute, saying, “The concept of domestic terrorism is not any more remote in contemporary society than the ‘international terrorism’ U.S. citizens were exposed to in September 2001.”
Church, Betterly and Chase were active in South Florida’s Occupy movement. Betterly was a familiar face around Fort Lauderdale City Hall during a brief encampment that took place there in late 2011 and early 2012.
But when the local Occupy movement began to sputter, all three looked for action elsewhere, friends said.
“He had specifically gone up there [to Chicago] to be a participant,” Ennis said of her son. “He wanted to be part of a bigger cause. At 20 years old, we all want to be part of a bigger cause.”
In the months before he left for Chicago, Church dated Danielle Hiller, then a West Park High School senior. “He always told me he wanted to peacefully protest,” said Hiller, 19. “He never seemed violent. He was really into helping people.”
The government case relies on two informants, undercover police officers nicknamed Mo and Nadia, who infiltrated the group and recorded the men talking about the plots and making four Molotov cocktails that were recovered inside the apartment during the raid. According to prosecutors, police also found swords, a bow and arrows, a slingshot and knives.
In a filing in March, prosecutors said the three allegedly obtained or planned to obtain “other improvised explosive devices, napalm, instructions for producing a pipe bomb, instructions for making potassium nitrate, a mortar … assault rifles and a long rifle.”
The three also constructed a wooden shield with sharp metal screws protruding from its front and hid it in an alley, “where they intended to violently confront police officers” during the summit protests, the filing alleged.
Deutsch acknowledges that Molotov cocktails were found in the apartment. But, he said, they were made at the urging of the police agents.
“When [police] didn’t get them to do anything, they got them to make these Molotov cocktails, with their money and expertise, and created a crime that never would have occurred,” he said.
Ellis said she has visited her son in jail, and talks to him regularly.
“It is starting to sink in, the magnitude of this,” she said. “He wants to be a flight medic, but the FAA has revoked his student’s pilot’s license. Even if these charges get thrown out, he has fears of never getting a job as an EMT.”
Ennis said her son, who is housed apart from the general jail population in semi-isolation, spends his time reading.
“He has his good days and bad,” she said. “He tries not to let the gloom set in.”
Sun Sentinel | By Mike Clary Posted: 06/16/2013 10:11 am EDT | Updated: 06/17/2013 9:11 am EDT
Find this story at 17 June 2013
© 2013 the Sun Sentinel (Fort Lauderdale, Fla.)
Bis zuletzt hatte der baden-württembergische Verfassungsschutz versucht, seinen Auftritt zu verhindern – allerdings vergeblich: Vor dem Berliner NSU-Untersuchungsausschuss sagte nun ein ehemaliger V-Mann-Führer aus, dessen Quelle ihm Vertuschung vorwirft.
Wäre der Anlass nicht so furchtbar, man hätte laut auflachen können, als Rainer Oettinger am Montag im Saal 400 des Deutschen Bundestages hinter einem improvisierten Paravent sitzt, während der Öffentlichkeit Eintritt gewährt wird. Bis zuletzt hatte das baden-württembergische Landesamt für Verfassungsschutz versucht zu verhindern, dass Oettinger öffentlich vor dem Berliner NSU-Untersuchungsausschuss befragt wird. Doch die Abgeordneten blieben hartnäckig, bestanden auf Transparenz, zu viel ist in der Causa NSU noch immer im Verborgenen.
Oettinger heißt in Wirklichkeit anders, ist 60 Jahre und seit Januar im Ruhestand. Er war Mitarbeiter des Stuttgarter Verfassungsschutzes und schöpfte laut Behörde zwischen 2007 und 2011 eine Quelle namens “Krokus” ab: Petra S., die inzwischen im irischen Nirgendwo in einem garagengroßen Häuschen lebt – nach eigener Aussage voller Angst vor gewaltbereiten Neonazis, die auf Rache sinnen. Denn Petra S. behauptet, Oettinger im Mai 2007 – kurz nach Ermordung der Polizistin Michèle Kiesewetter – Hinweise auf eine Verstrickung mehrerer Rechtsextremisten in dem Fall gegeben zu haben.
V-Frau “Krokus” selbst war weder eine Rechtsextremistin noch Mitglied in einer politischen Partei oder Organisation, sie hatte zwei Informationsquellen, die sie anzapfte: ihre Freundin, die mit einem NPD-Funktionär liiert war, und eine rechtsextremistische Friseurin, die bei der Landtagswahl 2011 für die NPD kandidierte und bei der sie alle zwei Wochen auf dem Frisierstuhl saß. Die Friseurin Nelly R. habe auch Kontakt zu Freien Kräften gehabt und Skin-Konzerte besucht. Er habe sich von “Krokus” Informationen über Veranstaltungsorte, Treffpunkte und Termine sowie die Beschaffung von Publikationen, beispielsweise vom Grabert-Verlag, erhofft, sagt Oettinger vor dem Ausschuss.
“Die geborene Quelle”
Alles in allem sei “Krokus” eine “aufgeschlossene, intelligente, verschwiegene und zuverlässige” Quelle gewesen, um nicht zu sagen: “die geborene Quelle”. Das belegen auch die Akten, die dem NSU-Untersuchungsausschuss Ende Mai geschickt wurden und die dem SPIEGEL vorliegen. Die V-Frau wurde intern stetig besser beurteilt, von Glaubwürdigkeitsstufe F bis hinauf zur zweitbesten Bewertung B.
Er habe die Informationen meist prompt “materiell umgesetzt”, wie es bei den Verfassungsschützern heiße, sagt Oettinger. Selbst solche wie den Besuch in der Wohnung der rechtextremistischen Friseurin nach dem Haareschneiden, in der sie stolz eine Hitler-Büste und andere Devotionalien präsentierte. Aber alles in allem sei “extrem wenig rübergekommen”.
Krokus selbst muss es anders gesehen haben. “Ich tue ja nicht so viel für Sie, ich würde meine Arbeit gern intensivieren”, soll sie Oettinger vorgeschlagen und ihre Dienste auch für Recherchen im Linksextremismus angeboten haben. “Sie erweiterte also ihr Repertoire?”, hakt Ausschussvorsitzender Sebastian Edathy süffisant nach. Heraus kamen Informationen wie diese im August 2008: “Linkspartei will wie die CDU für Wahlkampf T-Shirts drucken.”
V-Frau soll sich krass gewandelt haben
Als sich “Krokus” in einen vorbestraften Kriminellen verliebt habe, der als Waffennarr gilt, für die IRA gekämpft und sich früher Zypern und der Türkei als Spion angeboten haben will, habe sie allerdings einen “krassen Persönlichkeitswandel” vollzogen, sagt der ehemalige Verfassungsschützer. So sehr, dass er die Zusammenarbeit im Februar 2011 schleunigst beendet habe. “Sie war wie eine Marionette von ihm. Wir merkten, diese Frau ist nicht mehr bei Sinnen”, konstatiert Oettinger. Eine Erfahrung, die auch einige Ausschussmitglieder in den vergangenen Wochen und Monaten gemacht und “wirre Mails” bekommen haben, wie einige sagen.
Ob er ihre Meinung teile, dass es sich bei V-Frau “Krokus” um die Kategorie “Spinner” handele, fragt SPD-Ausschussmitglied Eva Högl den pensionierten V-Mann-Führer. Das könne er “voll und ganz unterschreiben”, sagt Oettinger, müsse aber sagen: Bis sie “die Inkarnation des Bösen” – nämlich den Lebensgefährten – kennengelernt und dem Verfassungsschutz gedient habe, sei sie eine “gute Quelle” gewesen.
Petra S. bleibt jedoch bei ihrer Version: Die Friseurin habe ihr im Frühjahr 2007 bei einem Salonbesuch berichtet, Rechtsextremisten würden über eine Krankenschwester den zum damaligen Zeitpunkt schwer verletzten Kollegen der getöteten Polizistin Kiesewetter ausspähen. Sie wollten demnach herausbekommen, wann er aufwache und ob er sich an etwas erinnere. Wenn dem so sei, werde unter den Rechtsextremisten überlegt, “ob etwas zu tun sei”.
“Krokus” wirft dem Geheimdienst Vertuschung vor
Die Information, sagte “Krokus” dem SPIEGEL, habe sie unmittelbar an den Verfassungsschützer Oettinger weitergegeben. Mehrere Namen bekannter Neonazis will sie dabei genannt haben. Oettinger jedoch habe sie aufgefordert, sich aus der Sache herauszuhalten, und sie eindringlich daran erinnert, dass sie eine Geheimhaltungsverpflichtung unterschrieben habe.
In den umfangreichen “Krokus”-Akten findet sich allerdings zum fraglichen Zeitpunkt kein Hinweis auf eine entsprechende Quellen-Information. Folgt man dem Dossier, wäre das auch unmöglich. Nach Aktenlage nämlich wurde “Krokus” erst von Juni oder Juli 2007 an als Quelle des Landesamts geführt – mithin zwei oder drei Monate nach dem Mordanschlag auf die beiden Polizisten. “Krokus” dagegen schwört, seit Herbst 2006 regelmäßig an Oettinger berichtet zu haben, und wirft dem Geheimdienst Vertuschung vor.
Wenn eine “Information dieser Art” an ihn herangetragen worden wäre, hätte es ihn schon damals – nicht erst mit dem Wissen heute – “elektrisiert”, sagt Oettinger. Er sei selbst Polizist gewesen, und solch ein Hinweis hätte bedeutet, dass ein Kollege gefährdet sei. “So eine Information gab es nicht einmal ansatzweise.”
“Untersuchungsausschuss hat Arbeit der Polizei gemacht”
Der Unmut der Ausschussmitglieder über das Landeskriminalamt Baden-Württemberg (LKA) war groß am Montag. “Es steht nicht Aussage gegen Aussage”, wetterte Grünen-Obmann Wolfgang Wieland nach der Zeugenvernehmung. “Frau ‘Krokus’ sagt heute hü und morgen hott, je nachdem wie eng sie mit ihrem Lebensgefährten liiert ist.”
Die Vernehmung habe leider nicht weitergeholfen, sagte SPD-Obfrau Högl. Oettinger sei ein glaubwürdiger Zeuge, man hätte sich die Zeit sparen können, wenn das LKA ihn vernommen hätte. “Der Untersuchungsausschuss hat heute die Arbeit der Polizei gemacht”, fasste es CDU-Obmann Clemens Binninger zusammen. “Nicht, weil sie nicht wollte, sondern weil sie nicht durfte!”
Ermittler des LKA hatten nicht nur versucht, das Gremium von einer Befragung abzubringen, sondern auch verlautbaren lassen, dass es aus rechtlichen Gründen nicht möglich gewesen sei, den V-Mann-Führer selbst zu vernehmen.
24. Juni 2013, 19:38 Uhr
Von Julia Jüttner und Jörg Schindler, Berlin
Find this story at 24 June 2013
© SPIEGEL ONLINE 2013
Following public outrage about surveillance in other countries, Germans are asking how much access their own intelligence services have to private communications. Not as much as they would like, it seems.
In 2010 the German Federal Intelligence Service (BND) gathered around 37 million e-mails, text messages and other telecommunications data. According to a report by the parliamentary watchdog, around 10 million of these messages fell under the heading of “international terrorism.”
Since then, however, the number has dropped to a fraction of that amount. In 2011 the BND intercepted 2.9 million electronic messages; in 2012 this dropped again, to 900,000. The messages checked were not only those containing certain keywords: telephone numbers and IP addresses that fell under suspicion were also monitored.
The German Federal Intelligence Service is subject to strict controls
It is the BND’s job to acquire information in order to identify and ward off threats to Germany’s security. It investigates terrorist plots, the illegal arms trade, people smuggling and drug trafficking. The intelligence service has to abide by strict laws when conducting any kind of surveillance, and is subject to supervision by a special committee of the German parliament.
Michael Hartmann of the opposition Social Democrats, Gisela Piltz of the junior coalition partner, the Free Democrats, and Hans-Peter Uhl of the Bavarian sister party of the governing Christian Democrats, the Christian Social Union, are three of the 11 members of the parliamentary watchdog in the Bundestag. The three are keen to reassure the public that Germany is not turning into a “Big Brother” surveillance state.
In recent years the watchdog has been given greater authority. It is authorized to interview all secret service agents, has access to all files, and can intervene if things are not being done according to the rules.
The three members of the committee point to the dramatic decrease in the amount of telecommunications data collected since 2010 – a consequence of improvements in surveillance techniques.
Privacy protected by the constitution
Edward Snowden’s revelations led Germans to ask what their secret services were up to
Michael Hartmann admits that the BND still throws its digital net wide, but emphasizes that collection of data is neither random nor unlimited. “Messages or phone conversations are only analyzed if there is concrete suspicion of criminal activity,” he says. Hartmann insists that the BND would never spy or eavesdrop on countries that are Germany’s allies.
Hans-Peter Uhl points out that it is forbidden for the BND to tap the phones of German citizens, either at home or abroad, unless there are concrete grounds for suspicion. “Should they eavesdrop on a foreigner in conversation with a German citizen, they have to erase the conversation,” he says. This deletion process is documented, so the data protection supervisor is able to check it really was carried out.
The watchdog members highlight the fact that a court order is required before any phone tap can be instigated. They acknowledge that personal privacy is a highly-valued commodity for everyone living in Germany, and that it is enshrined as such in the constitution. Whenever there is a question of the German intelligence services being allowed to do something which might infringe on this fundamental right, control measures must be put in place by a supervisory committee, the so-called G10 Commission, which supervises all invasions of postal, telephone and Internet privacy.
According to the German parliament, in 2011 the G10 Commission authorized Germany’s three intelligence services – domestic, foreign and military – to carry out 156 such infringements, limited to a maximum of between three and six months each.
Making surveillance public
German law also states that once an operation has come to an end, the person who has been under surveillance, or the object of a wiretap, has to be informed. This can result in official complaints, which are dealt with in public proceedings. At the last count, administrative courts in Berlin and Cologne were dealing with 16 such cases.
The BND is not allowed to eavesdrop on German citizens without a special court order
“We have a list of these complaints and follow them up,” says Gisela Piltz. “I don’t have the impression that the intelligence services are in general doing things illegally.”
In the past, representatives of the intelligence services have repeatedly attempted to persuade successive governments to allow them more extensive access to Internet and telephone data. They argue that it is essential if they are to be effective in countering terrorists and criminals using modern methods.
However, many of these requests have been denied: as, for example, when they wanted to be allowed to stockpile large amounts of data for possible future use, even if there was no concrete suspicion at the time of collection. The Constitutional Court rejected the application, and a law allowing it that was briefly in effect between 2008 and 2010 had to be repealed as a result.
An EU Commission guideline would now permit Germany to store telecommunications data for up to six months. So far, however, the justice minister has refused to adopt this into German law. The EU has instigated legal proceedings. Requirements for telecommunications providers to save data for longer than six months so that they can be made available to the intelligence services have also, so far, not been implemented.
Limited effectiveness
Rolf Tophoven believes data interception is only of limited use in combating terrorism
Rolf Tophoven, director of the Institute for Crisis Prevention in Essen and an expert on terrorism, says the secret services should not rely too heavily on the technical analysis of telecommunications data. “The results that are relevant to the intelligence services are very modest compared with the mass of data in the information gathered,” he says.
The parliamentary watchdog has even put a figure on this. It reports that out of 2.5 million e-mails analyzed by the BND, only 300 contained material relevant to their investigations.
Tophoven believes that the BND needs to employ more specialists in analyzing data and assessing a situation – if possible, on the ground. “The modern terrorist is radicalized in secret. He slips under the radar of the intelligence services and their high-tech computers,” he explains, giving the perpetrators of the Boston marathon bombings as an example.
Since the recent revelations about the extent of the United States’ surveillance program, there have been fears that Germany’s intelligence services may also be spying on its citizens more than previously admitted. However, Tophoven believes this is unlikely – and not just because of strict regulation: “The Germans don’t collect data that extensively because they don’t have anything like the personnel or the technical and financial means to do so.”
Date 26.06.2013
Author Wolfgang Dick / cc
Editor Michael Lawton
Find this story at 26 June 2013
© 2013 Deutsche Welle
Germans are apoplectic about the Internet spy programs Prism and Tempora. But police here this week announced the capture of a highway shooter using similar tactics. Privacy activists are concerned.
Germans are furious. Revelations that the United States and Britain — along with Canada, New Zealand and Australia, as part of the so-called “Five Eyes Alliance” — have spent recent years keeping a suffocatingly close watch on web and cellular communications have led politicians in Berlin to utter increasingly drastic condemnations. Over the weekend, for example, Justice Minister Sabine Leutheusser-Schnarrenberger referred to the British surveillance program Tempora as a “catastrophe” and said it was a “Hollywood-style nightmare.”
But is there not a time and a place for mass data collection? This, too, is a question Germany is grappling with this week after the capture of a truck driver who spent years shooting at other vehicles on the country’s autobahns. He was caught only after police set up a complicated surveillance system which was able to read the license plate numbers of tens of thousands of cars and trucks on the country’s highways.
The operation has unsettled data protection activists. But Jörg Ziercke, head of Germany’s Federal Criminal Police Office (BKA), praised the effort on Tuesday, telling journalists that “we have found the famous needle in a haystack.” He said there was “no alternative” to the intensive surveillance efforts the police used to capture the perpetrator.
The case involves a truck driver who fired at least 762 shots at cars and trucks on German highways and at buildings in a shooting spree that began in 2008. In several cases, his targets were only barely able to avoid accidents as a result of the shots. In 2009, one woman was hit in the neck with a bullet fired by the truck driver, identified on Tuesday only as a 57-year-old truck driver from North Rhine-Westphalia, but survived.
German officials said on Tuesday that the driver would be charged with attempted murder in addition to weapons related charges. Ziercke said the man had confessed soon after he was arrested over the weekend and said that he had acted “out of anger and frustration with traffic.” He said that he saw the situation on Germany’s autobahns as a kind of “war” and that he had merely been trying to defend himself.
A Police Monitoring System
Yet as unique as the case is, the methods employed by the police to solve it have attracted more attention. Initially, officers sought to attract shots themselves, driving a truck on the autobahns between Cologne, Frankfurt, Nuremberg and Karlsruhe where most of the gunfire had been reported. The police vehicle, however, was never targeted.
Plan B is the one that has raised data protection concerns. Even though Germany has a toll system which collects information on the trucks plying the country’s highways, police are forbidden access to the data collected. So they essentially constructed one of their own. On seven sections of the autobahns in question, police erected equipment that was able recognize and store the license plate numbers of vehicles that drove by. Using that data, they were able to identify vehicles that passed a certain section of highway at roughly the same time as did a target vehicle.
In April, the system hit pay-dirt. In just five days, six drivers reported being shot at. Officers were able to reconstruct the likely route taken by the perpetrator and they then looked at the license plate data collected by cameras stationed along that route. By filtering through the information gathered, they were able to identify one truck that could have been at each site where shots were reported. They were then able to match up the route with the mobile phone data of the driver. “The correspondence” between the two data sets “was clear,” Zierke said on Tuesday.
But were the methods employed by the federal police legal? Data protection officials aren’t so sure. “Even if the search for the highway shooter was successful in the end, from a data protection perspective the preliminary verdict on the methods used is rather ambivalent,” Edgar Wagner, the top data protection official for the state of Rhineland-Palatinate, said in a statement. “There is not a sufficient legal basis for such a nationwide … investigative technique.”
‘A Price to Pay’
He said that by his calculations, “60 to 80 million sets of data from completely innocent people” were gathered during the course of the investigation “to catch a single suspect. We have (long) known that such a procedure can be effective. But there is also a price to pay.”
It is a sentiment that is shared by many in Germany. The country has had plenty of experience with state overreach, with both the Nazis and the East Germans being experts at keeping close tabs on their citizenry. That history manifests itself in an extreme sensitivity to data privacy issues and the country has been particularly watchful when it comes to the use of digital data by companies such as Google and Facebook. Indeed, government officials beyond the Justice Ministry have reacted to US and British digital spying with notable vehemence.
It is perhaps not surprising then, that Wagner is not alone with his concerns. While not directly criticizing the methods used by federal police to track down the autobahn shooter, Wagner’s data-protection counterpart in North Rhine-Westphalia, Ulrich Lepper, expressed serious reservations in a Wednesday interview with the Bonn daily General-Anzeiger.
Powerful Preventative Measure
“The freedom to move around in the public space without being monitored is one of our fundamental rights,” he said. “Data protection — the right to control information about your person — means that you can decide who knows what and when … about you. These rights can only be infringed upon on the basis of a law.”
Ziercke, not surprisingly, does not share such concerns. He believes that law enforcement should have access to the data collected by the truck toll system and also argued on Tuesday that data collection could be a powerful preventative measure. “I would like to meet a data protection activist who is able to convince someone with the argument that we should not have been allowed to use that data to prevent danger,” he said. “I don’t find such arguments to be credible.”
Ziercke’s argument is notably close to that used by US President Barack Obama in defending the National Security Agency’s online spying program Prism. The data gathered is useful, Obama has repeatedly insisted this month, for the prevention of terror attacks.
Germans have largely rejected that line of argumentation. Whether their scorn will be applied closer to home remains to be seen.
06/26/2013 05:08 PM
By Charles Hawley
Find this story at 26 June 2013
© SPIEGEL ONLINE 2013
Reports of NSA snooping on Europe go well beyond previous revelations of electronic spying
Sabine Leutheusser-Schnarrenberger: ‘If the media reports are true, it is reminiscent of the actions of enemies during the cold war’. Photograph: Ole Spata/Corbis
Transatlantic relations plunged at the weekend as Berlin, Brussels and Paris all demanded that Washington account promptly and fully for new disclosures on the scale of the US National Security Agency’s spying on its European allies.
As further details emerged of the huge reach of US electronic snooping on Europe, Berlin accused Washington of treating it like the Soviet Union, “like a cold war enemy”.
The European commission called on the US to clarify allegations that the NSA, operating from Nato headquarters a few miles away in Brussels, had infiltrated secure telephone and computer networks at the venue for EU summits in the Belgian capital. The fresh revelations in the Guardian and allegations in the German publication Der Spiegel triggered outrage in Germany and in the European parliament and threatened to overshadow negotiations on an ambitious transatlantic free-trade pact worth hundreds of billions due to open next week.
The reports of NSA snooping on Europe – and on Germany in particular – went well beyond previous revelations of electronic spying said to be focused on identifying suspected terrorists, extremists and organised criminals.
Der Spiegel reported that it had seen documents and slides from the NSA whistleblower Edward Snowden indicating that US agencies bugged the offices of the EU in Washington and at the UN in New York. They are also accused of directing an operation from Nato headquarters in Brussels to infiltrate the telephone and email networks at the EU’s Justus Lipsius building in the Belgian capital, the venue for EU summits and home of the European council.
Citing documents it said it had “partly seen”, the magazine reported that more than five years ago security officers at the EU had noticed several missed calls apparently targeting the remote maintenance system in the building that were traced to NSA offices within the Nato compound in Brussels.
Less than three months before a German general election, the impact of the fresh disclosures is likely to be strongest in Germany which, it emerged, is by far the biggest target in Europe for the NSA’s Prism programme scanning phone and internet traffic and capturing and storing the metadata.
The documents reviewed by Der Spiegel showed that Germany was treated in the same US spying category as China, Iraq or Saudi Arabia, while the UK, Canada, Australia, and New Zealand were deemed to be allies not subject to remotely the same level of surveillance.
Germany’s justice minister, Sabine Leutheusser-Schnarrenberger, called for an explanation from the US authorities. “If the media reports are true, it is reminiscent of the actions of enemies during the cold war,” she was quoted as saying in the German newspaper Bild. “It is beyond imagination that our friends in the US view Europeans as the enemy.”
France later also asked the US for an explanation. The foreign minister, Laurent Fabius, said: “These acts, if confirmed, would be completely unacceptable.
“We expect the American authorities to answer the legitimate concerns raised by these press revelations as quickly as possible.”
Washington and Brussels are scheduled to open ambitious free-trade talks next week after years of arduous preparation. Senior officials in Brussels are worried that the talks will be setback by the NSA scandal. “Obviously we will need to see what is the impact on the trade talks,” said a senior official in Brussels.
A second senior official said the allegations would cause a furore in the European parliament and could then hamper relations with the US.
However, Robert Madelin, one of Britain’s most senior officials in the European commission, tweeted that EU trade negotiators always operated on the assumption that their communications were listened to.
A spokesman for the European commission said: “We have immediately been in contact with the US authorities in Washington and in Brussels and have confronted them with the press reports. They have told us they are checking on the accuracy of the information released yesterday and will come back to us.”
There were calls from MEPs for Herman Van Rompuy, president of the European council – who has his office in the building allegedly targeted by the US – and José Manuel Barroso, president of the European commission, to urgently appear before the chamber to explain what steps they were taking in response to the growing body of evidence of US and British electronic surveillance of Europe through the Prism and Tempora operations.
Guy Verhofstadt, the former Belgian prime minister and leader of the liberals in the European parliament, said: “This is absolutely unacceptable and must be stopped immediately. The American data-collection mania has achieved another quality by spying on EU officials and their meetings. Our trust is at stake.”
Luxembourg’s foreign minister, Jean Asselborn, told Der Spiegel: “If these reports are true, it’s disgusting.” Asselborn called for guarantees from the highest level of the US government that the snooping and spying be halted immediately.
Martin Schulz, the head of the European parliament, said: “I am deeply worried and shocked about the allegations of US authorities spying on EU offices. If the allegations prove to be true, it would be an extremely serious matter which will have a severe impact on EU-US relations.
“On behalf of the European parliament, I demand full clarification and require further information speedily from the US authorities with regard to these allegations.”
There were also calls for John Kerry, the US secretary of state on his way back from the Middle East, to make a detour to Brussels to explain US activities.
“We need to get clarifications and transparency at the highest level,” said Marietje Schaake, a Dutch liberal MEP. “Kerry should come to Brussels on his way back from the Middle East. This is essential for the transatlantic alliance.”
The documents suggesting the clandestine bugging operations were from September 2010, Der Spiegel said.
Der Spiegel quoted the Snowden documents as revealing that the US taps half a billion phone calls, emails and text messages in Germany a month. “We can attack the signals of most foreign third-class partners, and we do,” Der Spiegel quoted a passage in the NSA document as saying.
It quoted the document from 2010 as stating that “the European Union is an attack target”.
On an average day, the NSA monitored about 15m German phone connections and 10m internet datasets, rising to 60m phone connections on busy days, the report said.
Officials in Brussels said this reflected Germany’s weight in the EU and probably also entailed elements of industrial and trade espionage. “The Americans are more interested in what governments think than the European commission. And they make take the view that Germany determines European policy,” said one of the senior officials.
Jan Philipp Albrecht, a German Green party MEP and a specialist in data protection, told the Guardian the revelations were outrageous. “It’s not about political answers now, but rule of law, fundamental constitutional principles and rights of European citizens,” he said.
“We now need a debate on surveillance measures as a whole looking at underlying technical agreements. I think what we can do as European politicians now is to protect the rights of citizens and their rights to control their own personal data.”
Germany has some of the toughest data privacy laws in Europe, with the issue highly sensitive not least because of the comprehensive surveillance by the Stasi in former communist east Germany as well as the wartime experience with the Gestapo under the Nazis.
Der Spiegel noted that so far in the NSA debacle, the chancellor, Angela Merkel, had asked only “polite” questions of the Americans but that the new disclosures on the sweeping scale of the surveillance of Germany could complicate her bid for a third term in September.
Ian Traynor in Brussels
The Guardian, Sunday 30 June 2013 21.55 BST
Find this story at 30 June 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.
Overzealous data collectors in the US and Great Britain have no right to investigate German citizens. The German government must protect people from unauthorized access by foreign intelligence agencies, and it must act now. This is a matter of national security.
“Germany’s security is also being defended in the Hindu Kush, too,” Peter Struck, who was Germany’s defense minister at the time, said in 2002. If that’s true, then the government should also be expected to defend the security of its people at their own doorstep. Because the massive sniffing out and saving of data of all kinds — that of citizens and businesses, newspapers, political parties, government agencies — is in the end just that: a question of security. It is about the principles of the rule of law. And it is a matter of national security.
We live in changing times. At the beginning of last week, we thought after the announcement of the American Prism program, that US President Barack Obama was the sole boss of the largest and most extensive control system in human history. That was an error.
Since Friday, we have known that the British intelligence agency GCHQ is “worse than the United States.” Those are the words of Edward Snowden, the IT expert who uncovered the most serious surveillance scandal of all time. American and British intelligence agencies are monitoring all communication data. And what does our chancellor do? She says: “The Internet is uncharted territory for us all.”
That’s not enough. In the coming weeks, the German government needs to show that it is bound to its citizens and not to an intelligence-industrial complex that abuses our entire lives as some kind of data mine. Justice Minister Sabine Leutheusser-Schnarrenberger hit the right note when she said she was shocked by this “Hollywood-style nightmare.”
An Uncanny Alliance
We have Edward Snowden to thank for this insight into the interaction of an uncanny club, the Alliance of Five Eyes. Since World War II, the five Anglo-Saxon countries of Great Britain, the United States, Australia, New Zealand and Canada have maintained close intelligence cooperation, which apparently has gotten completely out of control.
It may be up to the Americans and the British to decide how they handle questions of freedom and the protection of their citizens from government intrusion. But they have no right to subject the citizens of other countries to their control. The shoulder-shrugging explanation by Washington and London that they have operated within the law is absurd. They are not our laws. We didn’t make them. We shouldn’t be subject to them.
The totalitarianism of the security mindset protects itself with a sentence: If you have nothing to hide, you have nothing to fear. But firstly, that contains a presumption: We have not asked the NSA and GCHQ to “protect” us. And secondly, the sentence is a stupid one: Because we all have something to hide, whether it pertains to our private lives or to our business secrets.
No Agency Should Collect So Much Data
Thus the data scandal doesn’t pertain just to our legal principles, but to our security as well. We were lucky that Edward Snowden, who revealed the spying to the entire world, is not a criminal, but an idealist. He wanted to warn the world, not blackmail it. But he could have used his information for criminal purposes, as well. His case proves that no agency in the world can guarantee the security of the data it collects — which is why no agency should collect data in such abundance in the first place.
That is the well-known paradox of totalitarian security policy. Our security is jeopardized by the very actions that are supposed to protect it.
So what should happen now? European institutions must take control of the data infrastructure and ensure its protection. The freedom of data traffic is just as important as the European freedom of exchange in goods, services and money. But above all, the practices of the Americans and British must come to an end. Immediately.
It is the responsibility of the German government to see to it that the programs of the NSA and GCHQ no longer process the data of German citizens and companies without giving them the opportunity for legal defense. A government that cannot make that assurance is failing in one of its fundamental obligations: to protect its own citizens from the grasp of foreign powers.
Germans should closely observe how Angela Merkel now behaves. And if the opposition Social Democrats and Green Party are still looking for a campaign issue, they need look no further.
06/24/2013 05:07 PM
A Commentary by Jakob Augstein
Find this story at 24 June 2013
© SPIEGEL ONLINE 2013
Berlin drängt auf Antworten aus London: Justizministerin Leutheusser-Schnarrenberger hat zwei britische Kabinettsmitglieder per Brief aufgefordert, mehr Details über das Spähprogramm Tempora zu veröffentlichen. In den Schreiben übt die FDP-Politikerin indirekt Kritik an der Cameron-Regierung.
Berlin – Jetzt schaltet sich die Bundesjustizministerin ein: Sabine Leutheusser-Schnarrenberger (FDP) hat den britischen Justizminister Christopher Grayling und die britische Innenministerin Theresa May aufgefordert, mehr Informationen über das Geheimdienstprogramm Tempora offenzulegen. Am Dienstag wandte sich Leutheusser-Schnarrenberger schriftlich an die beiden Kabinettsmitglieder von Großbritanniens Premier David Cameron. Die Briefe liegen SPIEGEL ONLINE vor.
In den beiden Schreiben identischen Inhalts, die am Vormittag parallel an die Minister verschickt wurden, äußerte sich die Ministerin sehr besorgt über die jüngsten Berichte über das gigantische Spähprogramm. Der Verdacht, durch digitale Überwachungsmethoden “riesige Mengen an Daten, E-Mails, Facebook-Nachrichten und Anrufe zu sammeln, zu speichern und zu verarbeiten”, hätte in Deutschland erhebliche Bedenken ausgelöst, heißt es in den Briefen.
Leutheusser-Schnarrenberger forderte Aufklärung in folgenden Punkten:
Auf welcher Rechtsgrundlage das Spähprogramm ausgeführt worden sei,
ob auf konkreten Verdacht ausgespäht oder die Daten allgemein ohne Anlass gesammelt worden seien,
ob die Überwachungsmaßnahmen von Richtern hätten abgesegnet werden müssen,
wie die Abhöraktionen konkret funktioniert hätten, welche Daten genau gespeichert und ob deutsche Bürger betroffen seien.
Auch übte sie indirekt Kritik an der Informationspolitik der Cameron-Regierung. “Die Kontrollfunktion von Parlament und Justiz zeichnet einen freien und demokratischen Staat aus. Sie kann aber nicht ihre Wirkung entfalten, wenn Regierungen bestimmte Maßnahmen in Schweigen hüllen”, hieß es weiter.
Leutheusser-Schnarrenberger appellierte an Grayling und May, die Grundsätze der Bürgerrechte nicht aus den Augen zu verlieren und mahnte Aufklärung an. “In unserer modernen Welt bieten die neuen Medien den Rahmen für einen freien Austausch von Meinungen und Informationen. Ein transparentes Regierungshandeln ist eine der wichtigsten Voraussetzungen für das Funktionieren eines demokratischen Staates und bedingt die Rechtsstaatlichkeit”, so die Ministerin.
Die FDP-Politikerin hatte sich bereits im Zusammenhang mit dem amerikanischen Spähprogramm Prism schriftlich an ihren US-Kollegen gewandt. Sie regte zudem an, im schwarz-gelben Kabinett eine Internet-Task-Force aus den beteiligten Ministerien zu bilden.
Die Ministerin beendete ihre Schreiben mit der Forderung nach strengeren Datenschutzstandards in der EU. Das Thema müsse beim nächsten Treffen der EU-Justizminister im Juli auf die Tagesordnung, so Leutheusser-Schnarrenberger.
Am Montag hat die Bundesregierung von Großbritannien offiziell Auskunft über das massenhafte Anzapfen von Telefon- und Internetverbindungen verlangt. Dazu sandte das Innenministerium eine Reihe von Fragen an den britischen Botschafter. Zur europäischen Chefsache will Kanzlerin Angela Merkel den Fall Tempora allerdings vorerst nicht machen. Beim EU-Gipfel Ende der Woche wolle Merkel keine Debatte über das britische Spionageprogramm forcieren, hieß es zu Beginn der Woche.
25. Juni 2013, 11:40 Uhr
Find this story at 25 June 2013
© SPIEGEL ONLINE 2013
An einem einzigen Tag soll der britische Geheimdienst GCHQ Zugriff auf 21.600 Terabyte gehabt haben – wozu, weiß nicht einmal der BND. Sicher ist nur: Die Überwacher bekommen Hilfe von großen Telekommunikationskonzernen.
Das amerikanische Außenministerium hat vor Jahren einen kleinen Flecken in Ostfriesland auf eine Liste der weltweit schützenswürdigen Einrichtungen gesetzt. Ein Angriff auf das Städtchen Norden könnte angeblich die nationale Sicherheit der USA bedrohen. Sogar der Chef des US-Geheimdienstes NSA, General Keith B. Alexander, hat vor terroristischen Attacken gewarnt.
Norden ist ein heimliches Zentrum der neuen virtuellen Welt. Das TAT-14 (Trans Atlantic Telephone Cable No 14) ist am Hilgenrieder Siel bei Norden verbuddelt. Die meisten Internetverbindungen zwischen Deutschland und Amerika laufen dort durch mehrere Glasfaserleitungen; auch Frankreich, die Niederlande, Dänemark und Großbritannien sind durch TAT-14 miteinander verbunden. Etwa 50 internationale Telekommunikationsfirmen, darunter die Deutsche Telekom, betreiben ein eigenes Konsortium für dieses Kabel.
Manchmal fließen pro Sekunde Hunderte Gigabyte an Daten durch die Leitungen. Es ist ein gigantischer Datenrausch: Millionen Telefonate und E-Mails schießen durch das Netz. Auch deshalb hat der deutsche Verfassungsschutz stets nachgeschaut, ob in Norden alles in Ordnung ist. Keine Sabotage. Keine Terroristen. Kein Problem?
Für die über die “Seekabelendstelle” Norden, wie die offizielle Bezeichnung der Einrichtung lautet, vermittelten Daten hat sich offenbar der britische Geheimdienst Government Communications Headquarters (GCHQ) brennend interessiert. Aus Unterlagen des Whistleblowers Edward Snowden jedenfalls soll hervorgehen, dass die Briten im Rahmen der Operation “Tempora” die Daten abgegriffen haben. Es soll sich um unzählige Daten handeln, die aus Deutschland kamen oder nach Deutschland geschickt wurden.
Das ist nicht der Cyberkrieg, vor dem die amerikanische NSA immer gewarnt hat, sondern ein heimlicher umfassender Big-Data-Angriff auf die Bevölkerung eines befreundeten Landes. Die alte Formel: “Freund hört mit” umfasst das Problem nicht mal ungefähr. Großbritanniens Geheimdienst hat einen Lauschangriff auf Deutschland gestartet.
Die Menge der abgefangenen Daten ist noch Spekulation, und unklar ist auch, wo der Angriff genau erfolgt sein soll. Sicher nicht in Norden, das früher durch sein Seeheilbad bekannt wurde. Das würde sich kein Nachrichtendienstler trauen. Schon gar nicht in freundlicher Absicht.
Wahrscheinlich erfolgte der Angriff in dem kleinen Küstenstädtchen Bude im Südwesten Englands, das 858 Kilometer Luftlinie von Norden entfernt liegt. Dort macht das Kabel Zwischenstation – das Ende der Strecke ist New Jersey.
Dass ein britischer Geheimdienst auf diese Weise und so umfassend E-Mails deutscher Bürger abfängt oder Telefonate abhört, war vor Snowdens Enthüllungen für undenkbar gehalten worden. Der Bundesnachrichtendienst erklärt seit Tagen, dass er von den Aktivitäten der Amerikaner oder der Briten nichts wusste und selbst nur Zeitungswissen habe. Das klingt glaubhaft. Die beiden befreundeten Nationen, heißt es in Berlin, hätten offenbar ihr eigenes nationales Sicherheitsprogramm gefahren.
So viel Sicherheit war sicherlich nur mithilfe von Kommunikationsgesellschaften möglich. Angeblich sollen die beiden britischen Unternehmen Vodafone und British Telecommunications (BT) den Geheimen behilflich gewesen sein.
Jeder Eingriff, das erklärt eine Telekom-Sprecherin, müsste von dem internationalen Konsortium genehmigt werden, aber eine solche Genehmigung liegt nicht vor. Ein Sprecher der britischen Vodafone erklärte auf Anfrage, dass sich das Unternehmen an die Gesetze in den jeweiligen Ländern halte und Angelegenheiten, die mit der nationalen Sicherheit zusammenhingen, nicht kommentiere. Diese Formel klingt in diesen Tagen sehr vertraut.
Rechtsgrundlage für die Aktion “Tempora” ist ein sehr weit gefasstes Gesetz aus dem Jahr 2000. Danach kann die Kommunikation mit dem Ausland abgefangen und gespeichert werden. Die privaten Betreiber der Datenkabel, die beim Abhören mitmachen, sind zum Stillschweigen verpflichtet.
Nordengate macht klar, wie unterschiedlich Gesetze und Regeln in dieser Welt angewandt werden, es symbolisiert aber auch den Wandel der Geheimdienstarbeit. Ganz früher haben Nachrichtendienste Telefonate über relativ simple Horchposten abgehört. Glasfaserleitungen stellten die Dienste vor neue Herausforderungen. Telefonate werden seitdem in optische Signale umgewandelt. Da die Leitungen vor allem am Meeresboden verlaufen, gerieten Nachrichtendienste für kurze Zeit an ihre Grenzen.
Bereits um die Jahrtausendwende berichteten amerikanische Blätter, dass die NSA mithilfe von U-Booten an die Daten gelangen wollte. So wurde das Atom-U-Boot Jimmy Carter umgerüstet, um Glasfaserkabel aufzuschlitzen und dann abzuhören. Vorher hatten die Dienste auf anderem Weg regelmäßig Seekabel angezapft. Bei früheren Kupferkabeln reichte ein Induktions-Mikrofon, um die Gespräche abzugreifen. Glasfaserkabel hingegen müssen gebogen werden, um die optisch vermittelten Signale auslesen zu können. Am verwundbarsten sind die Kabel freilich an Land.
Was die Briten mit den vielen deutschen Daten machen und gemacht haben, erschließt sich selbst dem BND nicht so ganz. An einem einzigen Tag soll der britische Geheimdienst insgesamt Zugriff auf 21.600 Terabyte gehabt haben. Dank Snowden ist bekannt, dass die abgefangenen Inhalte drei Tage vorgehalten wurden und Benutzerdaten 30 Tage. In der Zwischenzeit wurden die Daten mit speziellen Programmen gefiltert. Selbst dem Briten George Orwell wäre ein solches Überwachungsprogramm im Leben nicht eingefallen.
25. Juni 2013 05:10 Großbritanniens Abhördienst GCHQ
Von John Goetz, Hans Leyendecker und Frederik Obermaier
Find this story at 25 June 2013
Copyright: Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH
Ecuador’s flag flying above its coat of arms at the country’s embassy in Moscow on Monday. Snowden is seeking asylum in the South American nation.
Journalists flocked to Moscow’s Sheremetyevo Airport on Monday to board a flight to Cuba that supposedly would also contain fugitive Edward Snowden, who is attempting to escape arrest by U.S. authorities for revealing highly classified surveillance programs.
According to a widely distributed statement by an unidentified Aeroflot employee, Snowden should have been on flight SU150 direct to Havana leaving Moscow on Monday afternoon. The Aeroflot employee even said which seat he was to occupy, 17A.
But reporters, whose news organizations shelled out about $2,000 per ticket to get them on board at the last minute, found no Snowden anywhere on board — increasing suspicions that Russia could be helping to stymie U.S. efforts to catch him amid a low point in bilateral relations.
After Snowden supposedly arrived at Sheremetyevo from Hong Kong on Sunday, Washington pressured Moscow to detain him, apparently to no avail. Russian officials said that given poor ties between the countries, which have split in recent months over issues including the civil war in Syria and the U.S. Magnitsky Act, they are in no rush to help their former Cold War foes.
“Ties are in a rather complicated phase, and when ties are in such a phase, when one country undertakes hostile action against another, why should the United States expect restraint and understanding from Russia?” Alexei Pushkov, the head of the State Duma’s International Affairs Committee, repeated Reuters.
A former technical contractor with the U.S. National Security Agency, Snowden is reportedly seeking to travel to Ecuador, which is considering his asylum request. His current whereabouts are unknown.
Ecuador has already equipped Snowden with refugee papers that could allow him safe passage to his destination, according to WikiLeaks founder Julian Assange, whose organization has assisted Snowden. The U.S. government said earlier that Snowden’s American passport had been revoked.
Assange told the Guardian on Monday that he was aware of Snowden’s whereabouts but that he was unable to reveal them due to “bellicose threats coming from the U.S. administration.”
U.S. Secretary of State John Kerry, speaking on Monday at a news conference in New Delhi, implored Russia to assist in efforts to apprehend Snowden, recalling that over the last two years, the U.S. had extradited seven prisoners requested by Russia. “Reciprocity and the enforcement of the law is pretty important,” he said.
“I suppose there is no small irony here. I mean, I wonder if Mr. Snowden chose China and Russia’s assistance in his flight from justice because they are such powerful bastions of Internet freedom, and I wonder if while he was in either of those countries he raised the question of Internet freedom, since that seems to be what he champions,” Kerry said.
The cooperation described by Kerry is a drop in the bucket compared to the disputes between the countries, however.
Following some successes during a “reset” in ties kicked off in 2009 at the behest of U.S. President Barack Obama, relations took a sharp downward turn with the return of Vladimir Putin to the Kremlin last year.
Under Putin, the Russian government has undertaken what critics call a harsh crackdown on the opposition and on civil society, including kicking out the U.S. Agency for International Development, while the U.S. last year passed the Magnitsky Act, which imposes economic and travel restrictions on Russian officials implicated in human rights abuses. Russia retaliated by outlawing U.S. adoptions of Russian orphans.
More recently, the two nations have argued bitterly over what tack to take in seeking a solution to the civil war in Syria, with Russia backing President Bashar Assad and the U.S. supporting the rebels.
Now, the fate of Snowden, a 30-year-old former employee of a U.S. security contractor whose exposure of government phone and Internet surveillance has provoked public outrage, is becoming another point of contention.
According to Andrei Soldatov, a leading expert in Russia’s security agencies, the Russian government itself has an extensive system to monitor almost any kind of communication between its citizens.
Pushkov said Russia had no obligation to help the U.S. in this situation, given the recently passed Magnitsky Act. It was unclear whether Russian authorities had had contact with Snowden — Putin’s spokesman said Monday that the Kremlin was unaware of any such contact — but it seemed unlikely that the government could be unaware of Snowden’s whereabouts if he had entered Russia.
“All these flights carried out by Aeroflot via Moscow, as though there is no other route, are emblematic of Russia’s involvement in the process,” said Valery Garbuzov, deputy director of the Institute for U.S. and Canadian Studies in Moscow.
Ecuador’s foreign minister also said his government was in “respectful” contact with Russia over Snowden’s asylum application.
Nonetheless, Washington appears to be holding out hope for assistance from Moscow.
Caitlin Hayden, a spokeswoman for the U.S. National Security Council, mentioned “intensified cooperation after the Boston marathon bombings and our history of working with Russia on law enforcement matters” as grounds for Russia “to look at all options available to expel Mr. Snowden back to the U.S. to face justice for the crimes with which he is charged.”
25 June 2013 | Issue 5154
By Ivan Nechepurenko
Nikolay Asmolovskiy / Reuters
Find this story at 25 June 2013
© Copyright 1992-2013. The Moscow Times
In early 2010, journalist and satirist Barrett Brown was working on a book on political pundits, when the hacktivist collective Anonymous caught his attention. He soon began writing about its activities and potential. In a defense [2] of the group’s anti-censorship operations in Australia published on February 10, Brown declared, “I am now certain that this phenomenon is among the most important and under-reported social developments to have occurred in decades, and that the development in question promises to threaten the institution of the nation-state and perhaps even someday replace it as the world’s most fundamental and relevant method of human organization.”
By then, Brown was already considered by his fans to be the Hunter S. Thompson of his generation. In point of fact he wasn’t like Hunter S. Thompson, but was more of a throwback—a sharp-witted, irreverent journalist and satirist in the mold of Ambrose Bierce or Dorothy Parker. His acid tongue was on display in his co-authored 2007 book, Flock of Dodos: Behind Modern Creationism, Intelligent Design and the Easter Bunny, in which he declared: “This will not be a polite book. Politeness is wasted on the dishonest, who will always take advantage of any well-intended concession.”
But it wasn’t Brown’s acid tongue so much as his love of minutia (and ability to organize and explain minutia) that would ultimately land him in trouble. Abandoning his book on pundits in favor of a book on Anonymous, he could not have known that delving into the territory of hackers and leaks would ultimately lead to his facing the prospect of spending the rest of his life in prison. In light of the bombshell revelations published by Glenn Greenwald and Barton Gellman about government and corporate spying, Brown’s case is a good—and underreported—reminder of the considerable risk faced by reporters who report on leaks.
In February 2011, a year after Brown penned his defense of Anonymous, and against the background of its actions during the Arab Spring, Aaron Barr, CEO of the private intelligence company HBGary, claimed to have identified the leadership of the hacktivist colletive. (In fact he only had screen names of a few members). Barr’s boasting provoked a brutal hack of HBGary by a related group called Internet Feds (it would soon change its name to “LulzSec”). Splashy enough to attract the attention of The Colbert Report [3], the hack defaced and destroyed servers and websites belonging to HBGary. Some 70,000 company emails were downloaded and posted online. As a final insult to injury, even the contents of Aaron Barr’s iPad were remotely wiped.
The HBGary hack may have been designed to humiliate the company, but it had the collateral effect of dropping a gold mine of information into Brown’s lap. One of the first things he discovered was a plan to neutralize Glenn Greenwald’s defense of Wikileaks by undermining them both. (“Without the support of people like Glenn, wikileaks would fold,” read one slide.) The plan called for “disinformation,” exploiting strife within the organization and fomenting external rivalries—“creating messages around actions to sabotage or discredit the opposing organization,” as well as a plan to submit fake documents and then call out the error.” Greenwald, it was argued, “if pushed,” would “choose professional preservation over cause.”
Other plans targeted social organizations and advocacy groups. Separate from the plan to target Greenwald and WikiLeaks, HBGary was part of a consortia that submitted a proposal to develop a “persona management [4]” system for the United States Air Force, that would allow one user to control multiple online identities for commenting in social media spaces, thus giving the appearance of grassroots support or opposition to certain policies.
The data dump from the HBGary hack was so vast that no one person could sort through it alone. So Brown decided to crowdsource the effort. He created a wiki page, called it ProjectPM [5], and invited other investigative journalists to join in. Under Brown’s leadership, the initiative began to slowly untangle a web of connections between the US government, corporations, lobbyists, and a shadowy group of private military and information security consultants.
One connection was between Bank of America and the Chamber of Commerce. WikiLeaks had claimed to possess a large cache of documents belonging to Bank of America. Concerned about this, Bank of America approached the United States Department of Justice. The DOJ directed it to the law and lobbying firm Hunton and Williams [6], which does legal work for Wells Fargo and General Dynamics and also lobbies for Koch Industries, Americans for Affordable Climate Policy, Gas Processors Association, Entergy among many other firms. The DoJ recommended that Bank of America hire Hunton and Williams, explicitly suggesting Richard Wyatt [7] as the person to work with. Wyatt, famously, was the lead attorney in the Chamber of Commerce’s lawsuit against the Yes Men.
In November 2010, Hunton and Williams organized a number of private intelligence, technology development and security contractors—HBGary, plus Palantir Technologies, Berico Technologies, and, according to Brown, a secretive corporation with the ominous name Endgame Systems—to form “Team Themis” —‘themis’ being a Greek word meaning “divine law.” Its main objective was to discredit critics of the Chamber of Commerce, like Chamber Watch [8] using such tactics as creating a “false document, perhaps highlighting periodical financial information,” giving it to a progressive group opposing the Chamber, and then subsequently exposing the document as a fake to “prove that US Chamber Watch cannot be trusted with information and/or tell the truth.” In addition, the group proposed creating a “fake insider persona” to infiltrate Chamber Watch. They would “create two fake insider personas, using one as leverage to discredit the other while confirming the legitimacy of the second.” The leaked emails showed that similar disinformation campaigns were being planned against WikiLeaks and Glenn Greenwald.
It was clear to Brown that these were actions of questionable legality, but beyond that, government contractors were attempting to undermine Americans’ free speech—with the apparent blessing of the DOJ. A group of Democratic Congressmen asked for an investigation [9] into this arrangement, to no avail.
By June 2011, the plot had thickened further. The FBI had the goods on the leader of LulzSec, one Hector Xavier Monsegur, who went under the nom de guerre Sabu. The FBI arrested him on June 7, 2011 and (according to court documents) turned him into an informant the following day. Just three days before his arrest, Sabu had been central to the formation of a new group called AntiSec, which comprised his former LulzSec crew members, as well as members as Anonymous. In early December AntiSec hacked the website of a private security company called Stratfor Global Intelligence. On Christmas Eve, it released a trove of some five million internal compnay emails. AntiSec member and Chicago activist Jeremy Hammond [10], has pled guilty to the attack and is currently facing ten years in prison for it.
The contents of the Stratfor leak were even more outrageous than those of the HBGary hack. They included discussion of opportunities for renditions and assassinations. For example, in one video, Statfor’s Vice President of Intelligence, Fred Burton, suggested taking advantage of the chaos in Libya to render Lockerbie bomber Abdelbaset al-Megrahi, who had been released from prison on compassionate grounds due to his terminal illness. Burton said that the case “was personal.” When someone pointed out in an email that such a move would almost certainly be illegal—“This man has already been tried, found guilty, sentenced…and served time”—another Stratfor employee responded that this was just an argument for a more efficient solution: “One more reason to just bugzap him with a hellfire. :-)”
(Stratfor employees also seemed to take a keen interest in Jeremy Scahill’s writings about Blackwater in The Nation, copying and circulating entire articles, with comments suggesting a principle interest was in the question of whether Blackwater was setting up a competing intelligence operation. Emails also showed grudging respect for Scahill: “Like or dislike Scahill’s position (or what comes of his work), he does an amazing job outing [Blackwater].”)
When the contents of the Stratfor leak became available, Brown decided to put ProjectPM on it. A link to the Stratfor dump appeared in an Anonymous chat channel; Brown copied it and pasted it into the private chat channel for ProjectPM, bringing the dump to the attention of the editors.
Brown began looking into Endgame Systems [11], an information security firm that seemed particularly concerned about staying in the shadows. “Please let HBGary know we don’t ever want to see our name in a press release,” one leaked email read. One of its products, available for a $2.5 million annual subscription, gave customers access to “zero-day exploits”—security vulnerabilities unknown to software companies—for computer systems all over the world. Business Week [12] published a story on Endgame in 2011, reporting that “Endgame executives will bring up maps of airports, parliament buildings, and corporate offices. The executives then create a list of the computers running inside the facilities, including what software the computers run, and a menu of attacks that could work against those particular systems.” For Brown, this raised the question of whether Endgame was selling these exploits to foreign actors and whether they would be used against computer systems in the United States. Shortly thereafter, the hammer came down.
The FBI acquired a warrant [13] for Brown’s laptop, gaining the authority to seize any information related to HBGary, Endgame Systems, Anonymous, and, most ominously, “email, email contacts, ‘chat’, instant messaging logs, photographs, and correspondence.” In other words, the FBI wanted his sources.
When the FBI went to serve Brown he was at his mother’s house. Agents returned with a warrant to search his mother’s house, retrieving his laptop. To turn up the heat on Brown, the FBI initiated charges against his mother for obstruction of justice for concealing his laptop computer in her house. (Facing criminal charges, on March 22, 2013, his mother, Karen McCutchin, pled guilty to one count of obstructing the execution of a search warrant. She faces up to twelve months in jail. Brown maintains that she did not know the laptop was in her home.)
By his own admission, the FBI’s targeting of his mother made Brown snap. In September 2012, he uploaded an incoherent YouTube video [14], in which he explained that he had been in treatment for an addiction to heroin, taking the medication Suboxone, but had gone off his meds and now was in withdrawal. He threatened the FBI agent that was harassing his mother, by name, warming:
“I know what’s legal, I know what’s been done to me… And if it’s legal when it’s done to me, it’s going to be legal when it’s done to FBI Agent Robert Smith—who is a criminal.”
“That’s why [FBI special agent] Robert Smith’s life is over. And when I say his life is over, I’m not saying I’m going to kill him, but I am going to ruin his life and look into his fucking kids… How do you like them apples?”
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The media narrative was immediately derailed. No longer would this be a story about the secretive information-military-industrial complex; now it was the sordid tale of a crazy drug addict threatening an FBI agent and his (grown) children. Actual death threats against agents are often punishable by a few years in jail. But Brown’s actions made it easier for the FBI to sell some other pretext to put him away for life.
The Stratfor data included a number of unencrypted credit card numbers and validation codes. On this basis, the DOJ accused Brown of credit card fraud for having shared that link with the editorial board of ProjectPM. Specifically, the FBI charged him with Traffic in Stolen Authentication Features, Access Device Fraud, Aggravated Identity Theft, as well as an Obstruction of Justice charge (for being at his mother’s when the initial warrant was served) and charges stemming from his threats against the FBI agent. All told, Brown is looking at century of jail time: 105 years in federal prison if served sequentially. He has been denied bail.
Considering that the person who carried out the actual Stratfor hack had several priors and is facing a maximum of ten years, the inescapable conclusion is that the problem is not with the hack itself, but with Brown’s journalism. As Glenn Greenwald remarked in the Guardian: “it is virtually impossible to conclude that the obscenely excessive prosecution he now faces is unrelated to that journalism and his related activism.”
Today, Brown is in prison and ProjectPM is under increased scrutiny by the DOJ, even as its work has ground to a halt. In March, the DOJ served the domain hosting service CloudFlare with a subpoena [16] for all records on the ProjectPM website, and in particular asked for the IP addresses of everyone who had accessed and contributed to ProjectPM, describing it as a “forum” through which Brown and others would “engage in, encourage, or facilitate the commission of criminal conduct online.” The message was clear: Anyone else who looks into this matter does so at their grave peril.
Some journalists are now understandably afraid to go near the Stratfor files. The broader implications of this go beyond Brown; one might think that what we are looking at is Cointelpro 2.0—an outsourced surveillance state—but in fact it’s worse. One can’t help but infer that the US Department of Justice has become just another security contractor, working alongside the HBGarys and Stratfors on behalf of corporate bidders, with no sense at all for the justness of their actions; they are working to protect corporations and private security contractors and give them license to engage in disinformation campaigns against ordinary citizens and their advocacy groups. The mere fact that the FBI’s senior cybersecurity advisor has recently moved to Hunton and Williams shows just how incestuous this relationship has become. Meanwhile the Department of Justice is also using its power and force to trample on the rights of citizens like Barrett Brown who are trying to shed light on these nefarious relationships. In order to neutralize those who question or investigate the system, laws are being reinterpreted or extended or otherwise misappropriated in ways that are laughable—or would be if the consequences weren’t so dire.
While the media and much of the world have been understandably outraged by the revelation of the NSA’s spying programs, Barrett Brown’s work was pointing to a much deeper problem. It isn’t the sort of problem that can be fixed by trying to tweak a few laws or by removing a few prosecutors. The problem is not with bad laws or bad prosecutors. What the case of Barrett Brown has exposed is that we confronting a different problem altogether. It is a systemic problem. It is the failure of the rule of law.
Links:
[1] http://www.youtube.com/watch?v=TOW7GOrXNZI
[2] http://www.huffingtonpost.com/barrett-brown/anonymous-australia-and-t_b_457776.html
[3] http://www.colbertnation.com/the-colbert-report-videos/426198/may-09-2013/colbert-s-book-club—learning–the-great-gatsby-
[4] http://boingboing.net/2011/02/18/hbgarys-high-volume.html
[5] http://wiki.echelon2.org/wiki/Main_Page
[6] http://www.hunton.com/
[7] http://www.huffingtonpost.com/2010/10/19/chamber-of-commerce-still_n_768076.html
[8] http://images2.americanprogress.org/ThinkProgress/ProposalForTheChamber.pdf
[9] http://www.washingtonpost.com/wp-dyn/content/article/2011/02/28/AR2011022805810.html
[10] http://www.dailydot.com/news/lulzsec-jeremy-hammond-bail-denied-hacker/
[11] http://wiki.echelon2.org/wiki/Endgame_Systems
[12] http://www.businessweek.com/magazine/cyber-weapons-the-new-arms-race-07212011.html
[13] http://www.buzzfeed.com/mhastings/exclusive-fbi-escalates-war-on-anonymous
[14] https://www.youtube.com/watch?v=TOW7GOrXNZI
[15] https://subscribe.thenation.com/servlet/OrdersGateway?cds_mag_code=NAN&cds_page_id=122425&cds_response_key=I12SART1
[16] http://leaksource.wordpress.com/2013/04/05/doj-issues-subpoena-for-info-on-barrett-browns-project-pm-site/
Peter Ludlow | June 18, 2013
Find this story at 18 June 2013
© 2012 The Nation
Jeremy Hammond pleaded guilty today to the infamous Stratfor hack, as well as taking responsibility for eight additional hacks of law enforcement and defense contractor websites in 2011 and 2012. As a condition of the plea, the radical hacker will face a maximum of 10 years in federal prison, and restitution costs of up to $2.5 million. After Hammond entered his plea, his legal team framed his prosecution as part of the government’s larger attempt to control the flow of information and punish those who seek to distribute it to journalists and the public.
“There’s a war going on about corporate spying and access to information,” said defense attorney Sarah Kunstler at a press conference immediately following the hearing. “Jeremy is someone who worked toward making information public.”
In a statement posted online after the plea deal, Hammond echoed this point. “I did this because I believe people have a right to know what governments and corporations are doing behind closed doors,” Hammond wrote. “I did what I believe is right.”
The Rise and Fall of Jeremy Hammond: Enemy of the State
Hammond entered his plea – admitting to one count of conspiracy to engage in computer hacking – in a federal courtroom in lower Manhattan, surrounded by observers and supporters. One of those in attendance was his twin brother, Jason, who had just flown in from Chicago. When Hammond initially addressed the judge, he raised his right hand to be sworn in, and clenched his fist in a symbol of defiance.
The hack Hammond pleaded guilty to involved accessing information from the servers of Stratfor, a private intelligence company, and providing it to Wikileaks, who then published some of the information. Hammond was charged under the controversial 1984 Computer Fraud and Abuse Act, the same law used to charge the late Aaron Swartz and other cyber-activists. “Included among the leaked internal documents were millions of emails that exposed Stratfor’s wide-ranging spying activities, including surveillance of Bhopal activists at the behest of Dow Chemical, of PETA on behalf of Coca-Cola, and of Occupy Wall Street under contract to the U.S. Department of Homeland Security,” supporters said in a statement.
Beyond Stratfor, Hammond took responsibility for eight other hacks, all of which involved either law enforcement, intelligence firms or defense contractor websites. From June 2011 to February 2012, Hammond obtained unauthorized information from the Arizona Department of Public Safety, the FBI virtual academy, a marketing firm that builds websites for law enforcement called Brooks Jeffreys, Special Forces Gear, Vanguard Defense Industries, the Jefferson County sheriffs department, the Boston Police Patrolman’s Institute and a Pennsylvania firm called Combined Systems that makes tear gas. Hammond was granted immunity from federal prosecution for any of those hacks in exchange for taking responsibility for them. Kunstler said he could potentially face charges at the state level, though she said there may be some double jeopardy protection.
The New Political Prisoners: Leakers, Hackers and Whistleblowers
Michael Ratner, president emeritus of the Center For Constitutional Rights and lawyer for Wikileaks founder Julian Assange, said that journalists should stand up for Hammond. “He should be looked at as a source, as a whistle-blower,” Ratner said after the plea deal. “He, like other whistle-blowers in this country, ought to be protected, because they’re the only thing that let us know what our government and our private security companies are doing and they’re the only things that can keep this government even close to honest.”
Earlier in the case, Hammond’s legal team made a motion for Judge Loretta Preska to recuse herself because her husband was a victim of the Stratfor leak. That motion was denied. (Full disclosure: This reporter previously spoke at a rally that called for Preska to recuse herself.)
Other hackers in the Anonymous-affiliated group called Lulzsec who were charged in similar leaks – but were tried in the U.K. – have received much lighter sentences, from 20 to 32 months. Jason Hammond has asked supporters to sign a Change.org petition on his brother’s behalf calling for Judge Preska to sentence Hammond to time served. Jeremy Hammond’s sentencing hearing is scheduled for September 6th.
by John Knefel
MAY 28, 2013
Find this story at 28 May 2013
©2013 Rolling Stone
LONDON—Today, Monday 27 February, WikiLeaks began publishing The Global Intelligence Files – more than five million emails from the Texas-headquartered “global intelligence” company Stratfor. The emails date from between July 2004 and late December 2011. They reveal the inner workings of a company that fronts as an intelligence publisher, but provides confidential intelligence services to large corporations, such as Bhopal’s Dow Chemical Co., Lockheed Martin, Northrop Grumman, Raytheon and government agencies, including the US Department of Homeland Security, the US Marines and the US Defense Intelligence Agency. The emails show Stratfor’s web of informers, pay-off structure, payment-laundering techniques and psychological methods, for example :
“[Y]ou have to take control of him. Control means financial, sexual or psychological control… This is intended to start our conversation on your next phase” – CEO George Friedman to Stratfor analyst Reva Bhalla on 6 December 2011, on how to exploit an Israeli intelligence informant providing information on the medical condition of the President of Venezuala, Hugo Chavez.
The material contains privileged information about the US government’s attacks against Julian Assange and WikiLeaks and Stratfor’s own attempts to subvert WikiLeaks. There are more than 4,000 emails mentioning WikiLeaks or Julian Assange. The emails also expose the revolving door that operates in private intelligence companies in the United States. Government and diplomatic sources from around the world give Stratfor advance knowledge of global politics and events in exchange for money. The Global Intelligence Files exposes how Stratfor has recruited a global network of informants who are paid via Swiss banks accounts and pre-paid credit cards. Stratfor has a mix of covert and overt informants, which includes government employees, embassy staff and journalists around the world.
The material shows how a private intelligence agency works, and how they target individuals for their corporate and government clients. For example, Stratfor monitored and analysed the online activities of Bhopal activists, including the “Yes Men”, for the US chemical giant Dow Chemical. The activists seek redress for the 1984 Dow Chemical/Union Carbide gas disaster in Bhopal, India. The disaster led to thousands of deaths, injuries in more than half a million people, and lasting environmental damage.
Stratfor has realised that its routine use of secret cash bribes to get information from insiders is risky. In August 2011, Stratfor CEO George Friedman confidentially told his employees : “We are retaining a law firm to create a policy for Stratfor on the Foreign Corrupt Practices Act. I don’t plan to do the perp walk and I don’t want anyone here doing it either.”
Stratfor’s use of insiders for intelligence soon turned into a money-making scheme of questionable legality. The emails show that in 2009 then-Goldman Sachs Managing Director Shea Morenz and Stratfor CEO George Friedman hatched an idea to “utilise the intelligence” it was pulling in from its insider network to start up a captive strategic investment fund. CEO George Friedman explained in a confidential August 2011 document, marked DO NOT SHARE OR DISCUSS : “What StratCap will do is use our Stratfor’s intelligence and analysis to trade in a range of geopolitical instruments, particularly government bonds, currencies and the like”. The emails show that in 2011 Goldman Sach’s Morenz invested “substantially” more than $4million and joined Stratfor’s board of directors. Throughout 2011, a complex offshore share structure extending as far as South Africa was erected, designed to make StratCap appear to be legally independent. But, confidentially, Friedman told StratFor staff : “Do not think of StratCap as an outside organisation. It will be integral… It will be useful to you if, for the sake of convenience, you think of it as another aspect of Stratfor and Shea as another executive in Stratfor… we are already working on mock portfolios and trades”. StratCap is due to launch in 2012.
The Stratfor emails reveal a company that cultivates close ties with US government agencies and employs former US government staff. It is preparing the 3-year Forecast for the Commandant of the US Marine Corps, and it trains US marines and “other government intelligence agencies” in “becoming government Stratfors”. Stratfor’s Vice-President for Intelligence, Fred Burton, was formerly a special agent with the US State Department’s Diplomatic Security Service and was their Deputy Chief of the counterterrorism division. Despite the governmental ties, Stratfor and similar companies operate in complete secrecy with no political oversight or accountability. Stratfor claims that it operates “without ideology, agenda or national bias”, yet the emails reveal private intelligence staff who align themselves closely with US government policies and channel tips to the Mossad – including through an information mule in the Israeli newspaper Haaretz, Yossi Melman, who conspired with Guardian journalist David Leigh to secretly, and in violation of WikiLeaks’ contract with the Guardian, move WikiLeaks US diplomatic cables to Israel.
Ironically, considering the present circumstances, Stratfor was trying to get into what it called the leak-focused “gravy train” that sprung up after WikiLeaks’ Afghanistan disclosures :
“[Is it] possible for us to get some of that ’leak-focused’ gravy train ? This is an obvious fear sale, so that’s a good thing. And we have something to offer that the IT security companies don’t, mainly our focus on counter-intelligence and surveillance that Fred and Stick know better than anyone on the planet… Could we develop some ideas and procedures on the idea of ´leak-focused’ network security that focuses on preventing one’s own employees from leaking sensitive information… In fact, I’m not so sure this is an IT problem that requires an IT solution.”
Like WikiLeaks’ diplomatic cables, much of the significance of the emails will be revealed over the coming weeks, as our coalition and the public search through them and discover connections. Readers will find that whereas large numbers of Stratfor’s subscribers and clients work in the US military and intelligence agencies, Stratfor gave a complimentary membership to the controversial Pakistan general Hamid Gul, former head of Pakistan’s ISI intelligence service, who, according to US diplomatic cables, planned an IED attack on international forces in Afghanistan in 2006. Readers will discover Stratfor’s internal email classification system that codes correspondence according to categories such as ’alpha’, ’tactical’ and ’secure’. The correspondence also contains code names for people of particular interest such as ’Hizzies’ (members of Hezbollah), or ’Adogg’ (Mahmoud Ahmedinejad).
Stratfor did secret deals with dozens of media organisations and journalists – from Reuters to the Kiev Post. The list of Stratfor’s “Confederation Partners”, whom Stratfor internally referred to as its “Confed Fuck House” are included in the release. While it is acceptable for journalists to swap information or be paid by other media organisations, because Stratfor is a private intelligence organisation that services governments and private clients these relationships are corrupt or corrupting.
WikiLeaks has also obtained Stratfor’s list of informants and, in many cases, records of its payoffs, including $1,200 a month paid to the informant “Geronimo” , handled by Stratfor’s Former State Department agent Fred Burton.
WikiLeaks has built an investigative partnership with more than 25 media organisations and activists to inform the public about this huge body of documents. The organisations were provided access to a sophisticated investigative database developed by WikiLeaks and together with WikiLeaks are conducting journalistic evaluations of these emails. Important revelations discovered using this system will appear in the media in the coming weeks, together with the gradual release of the source documents.
END
Public partners in the investigation
Comment
Current WikiLeaks status
How to read the data
Public partners in the investigation:
More than 25 media partners (others will be disclosed after their first publication) :
Al Akhbar – Lebanon – http://english.al-akhbar.com
Al Masry Al Youm – Egypt – http://www.almasry-alyoum.com
Bivol – Bulgaria – http://bivol.bg
CIPER – Chile – http://ciperchile.cl
Dawn Media – Pakistan – http://www.dawn.com
L’Espresso – Italy – http://espresso.repubblica.it
La Repubblica – Italy – http://www.repubblica.it
La Jornada – Mexico – www.jornada.unam.mx/
La Nacion – Costa Rica – http://www.nacion.com
Malaysia Today – Malaysia – www.malaysia-today.net
McClatchy – United States – http://www.mcclatchydc.com
Nawaat – Tunisia – http://nawaat.org
NDR/ARD – Germany – http://www.ndr.de
Owni – France – http://owni.fr
Pagina 12 – Argentina – www.pagina12.com.ar
Plaza Publica – Guatemala – http://plazapublica.com.gt
Publico.es – Spain – www.publico.es
Rolling Stone – United States – http://www.rollingstone.com
Russian Reporter – Russia – http://rusrep.ru
Sunday Star-Times – New Zealand – www.star-times.co.nz
Ta Nea – Greece –- http://www.tanea.gr
Taraf – Turkey – http://www.taraf.com.tr
The Hindu – India – www.thehindu.com
The Yes Men – Bhopal Activists – Global http://theyesmen.org
Comment:
WikiLeaks – Kristinn Hrafnsson, Official WikiLeaks representative, +35 4821 7121
Other comment :
Bhopal Medical Appeal (in UK) – Colin Toogood : colintoogood@bhopal.org / +44 (0) 1273 603278/ +44 (0) 7798 845074
International Campaign for Justice in Bhopal (in India) – Rachna Dhingra : rachnya@gmail.com, +91 98 261 67369
Yes Men – mike@theyesmen.org / +44 (0) 7578 682321 – andy@theyesmen.org, +1-718-208-0684
Privacy International – +44 (0) 20 7242 2836
Twitter tag : #gifiles
CURRENT WIKILEAKS STATUS:
An extrajudicial blockade imposed by VISA, MasterCard, PayPal, Bank of America, and Western Union that is designed to destroy WikiLeaks has been in place since December 2010. The EU Commission is considering whether it will open a formal investigation, but two lawsuits have been filed (http://wikileaks.org/Banking-Blocka…). There are also other ways to donate (https://shop.wikileaks.org/donate). It is legal to donate, including in the United States. The US Treasury has publicly stated that that there are no grounds to place WikiLeaks on a US government blacklist.
WikiLeaks Founder and Publisher Julian Assange has not been charged with any crime in any country. Four prosecutors are currently trying to charge him under the Espionage Act of 1917 before a closed Grand Jury in Virginia, in the United States. Julian Assange has been detained for 447 days (10,728 hours) since Dec 7, 2010, without charge, and he is currently awaiting a decision from the UK Supreme Court on extradition to Sweden (http://www.justiceforassange.com/Su…). The decision is expected in March. The decision on whether he will be onwardly extradited to the US lies in the hands of the Swedish Executive, but Sweden’s Prime Minister Fredrik Reinfeldt has refused to state whether he will protect Assange from a politically motivated extradition to the United States (http://justice4assange.com/US-Extra… ).
The Swedish Foreign Minister Carl Bildt has repeatedly attacked WikiLeaks this week in a bizarre manner (http://ferrada-noli.blogspot.com/20… ).
An alleged WikiLeaks US military source, Bradley Manning, has been in pre-trial detention for 639 days (http://bradleymanning.org/ ). His arraignment took place on 24 February 2012. In December 2011, Manning’s attorney revealed in the preliminary hearing that the US government is attempting to enter a plea deal with Manning in order to “go after” Assange. Manning has 22 charges against him, including violating the Espionage Act of 1917 and aiding the enemy. Manning has deferred entering a plea. Julian Assange and WikiLeaks are legally represented in the Manning hearings by the US Centre for Constitutional Rights (http://ccrjustice.org/ ). WikiLeaks was denied full access to Manning’s hearing after appeal (http://ccrjustice.org/newsroom/pres… ). WikiLeaks put out a statement relating to Manning’s trial ahead of the Article 32 Hearing : (http://www.wikileaks.org/Statement-… ).
The alleged WikiLeaks-supporting hacktivists known as the “PayPal 14” were arrested in 2011 following co-ordinated online demonstrations against the financial services companies that are carrying out the unlawful financial blockade on WikiLeaks (VISA, MasterCard, Paypal, Western Union, Bank of America). They are represented by attorney Stanley Cohen and will go before court in May 2012 (http://www.cyberguerrilla.org/?p=4644 ).
WikiLeaks is about to launch a distributed, encrypted “Facebook for revolutionaries” (https://wlfriends.org/ ).
Julian Assange is currently directing interviews, from house arrest, for a programme on the future of the world that is syndicated to various broadcasters. The first show will be broadcast in March (http://www.wikileaks.org/New-Assang… )
HOW TO READ THE DATA
This is a glossary and information on how to understand the internal terms and codes used by Stratfor in their emails. It is not a complete list. We call on the public to add to this list by tweeting #gifind
To see a list of the terms George Friedman considers useful for his staff to know please download this PDF : The Stratfor Glossary of Useful, Baffling and Strange Intelligence Terms.
OPEN SOURCE VS. “COVERT”
As you browse through the content, you will notice that a large set of it is what is classified as “open source” (subject lines which include [OS]). These are basically email threads that start with someone posting a published and accessible source, such as news sites, and follow with commentary by the staff. In one of the emails, Joseph Nye is referenced saying :
“Open source intelligence is the outer pieces of the jigsaw puzzle, without which one can neither begin nor complete the puzzle”
CODES IN SUBJECT LINES
Many of the emails have codes in the subject lines as well as in the body, to make it easier for the staff to “quickly identify when we need to go back and have a look-see.” [*] :
Examples : INSIGHT – COUNTRY – Subject – SOURCE CODE INSIGHT – CHINA – Trains and planes – CN1000
Please refer to the glossary for the code names of subject and country tags, as well as mailing list names.
SOURCE CODES
A lot of interesting stuff comes from “sources”. Sources are either informal contacts or people they have a formal relationship with. The IDs for sources have the format of CN120 or ME001. In terms of the character part, it refers to a region or a country :
A) Regions ME – Middle East region EU – European Union EE – Eastern Europe LA- South America SA- South Asia
B) Countries or Orgs CN – China PK – Pakistan IN- India ML – Malaysia VN – Vietnam NP- Nepal
US – United States VZ – Venezuela CO- Colombia BR-Brazil NC- Nicaragua MX- Mexico CL/CH- Chile AR- Argentina PY- Paraguay BOL- Bolivia
RU – Russia UA – Ukraine GE – Georgia TJ – Tajikstan MD – Moldova BG -Bulgaria CR/CZ- Czech Republic PT- Portugal
ZA – South Africa AO – Angola SO – Somalia NG- Nigeria CD- DR Congo CI- Cote D’Ivoire ZW- Zimbabwe ZM- Zambia RW- Rwanda KE- Kenya ET- Ethiopia SD -Sudan MA- Morocco SN- Senegal GN- Guinea SL- Sierra Leone
IR – Iran IQ- Iraq IL or IS- Israel SA- Saudi Arabia SY- Syria KU- Kuwait Y or YN – Yemen HZ – Hizbollah TK – Turkey LN- Lebanon LY- Libya UAE- UAE EG- Egypt (etc.)
C) Odd codes OCH – Old China hand, a finance insider. Stick – Scott Stewart, high level employee Z’s – Zetas, Mexican drug gang
INSIGHTS FORMAT
When “insights” are sent, they usually have the following header information :
SOURCE : The ID of the source, say CN123. Sometimes this is left “no source ID” when it’s a new source.
ATTRIBUTION : How the source is to be attributed, i.e. “Source in the pharma distribution industry in China”, Stratfor source, etc.
SOURCE DESCRIPTION : Describes the source, for example : “Source works with Mercator Pharmaceutical Solutions, distributing pharma to developing countries.” These include concrete details on the source for internal consumption so that there’s a better understanding on the source’s background and ability to make assessments on the ground.
PUBLICATION : Yes or No. If the option is yes it doesn’t mean that it would be published, but rather that it _can_ be published.
SOURCE RELIABILITY : A/B
SOURCE RELIABILITY : A-F, A being the best and F being the worst. This grades the turnaround time of this source in responding to requests.
ITEM CREDIBILITY : 1-10, 1 being the best and 10 being the worst (we may change the range here in the future). this changes a lot based on the info provided. 1 is “you can take this to the bank” and 10 would be an example of maybe – “this is a totally ridiculous rumor but something that is spreading on the ground”
SPECIAL HANDLING : often this is “none” but it may be something like, “if you use this we need to be sure not to mention the part about XXX in the publication” or any other special notes
SOURCE HANDLER : the person who can take follow-up questions and communicate with the source.
MAILING LISTS
alpha@stratfor.com Discussions circulated exclusively among analysts, writers and higher-ups, including ’insights’ and discussions about sources and source meetings. secure@stratfor.com Discussions circulated exclusively among analysts and higher-ups, and only for use within continental US (analysts traveling ’overseas’ are removed from the list for the duration of their journey). analysts@stratfor.com – Discussion among analysts only, who manage sources, gather and analyze intelligence. ct@stratfor.com Ongoing discussions to collect and analyze counterterrorism intelligence, circulated among select group of analysts. tactical@statfor.com Non-time sensitive discussions for internal training on technical and tactical matters within field of counterterrorism. intelligence@stratfor.com gvalerts@stratfor.com – Related to Gas ventures clients military@stratfor.com Military list for pre-approved staff africa@stratfor.com eastasia@stratfor.com mesa@stratfor.com Middle East/South Asia list for pre-approved staff. eurasia@stratfor.com os@stratfor.com List with information from the public domain circulated and discussed among all employees. adp@stratfor.com List for ADPs. See Glossary. translations@stratfor.com alerts@stratfor.com responses@stratfor.com dialog-list@stratfor.com
GLOSSARY
a) Industry and other misc. tags :
HUMINT – Human intelligence OSINT- Open source intelligence DATA FLU BIRDFLU ECON TECH ENERGY MINING GV – Gas Venture CT – Counterterrorism G1-G4 B2-B4 S1-S4 MILITARY or MIL PENTAGON AQ- Al Qaeda AQAP – Al Qaeda in the Arabia Peninsula SF- Special Forces CONUS- Continental US
b) Special internal codewords :
Hizzies or HZ – Hizbollah Izzies or IZ – Israel A-dogg – Mahmoud Ahmadinajad, Iranian President Baby bashar – Bashar Al-Assad, Syrian President Uncle Mo – Moammar Gaddhafi ADP- Analyst Development Program. Four-month program at STRATFOR from which candidates— mostly recent college graduates— are selected for hire. Strictly protect and protect – Often mentioned in the ’subject’, means that the source is protected. Played- A term used for procuring sensitive information from sources. E.g. from one of the secure list messages circulating the ’complete scenario for the Israeli team in Centcom’s war game,’ the analyst who procured the data wrote : “I played the head of the Mossad which was great fun.” Excomm- Appears to be ’executive committee’ of STRATFOR.
c) Regions and Orgs
AFRICOM – African countries LATAM – Latin American MERCOSUR NATFA ASEAN APEC FSU – Former Soviet Union countries MESA or MIDDLEEAST – Middle East EASTASIA OPEC EURASIA SA – South Asia FSB- Federal Security Service (Russia)
ATTACHED DOCUMENTS
Attached documents can be searched by Filename or part of the file name. Preliminary searches for filenames using the terms ’lists’, ’source lists’ or ’insight lists’, coupled with the names of source handlers (e.g. Reva for Turkey, Brazil or Venezuela) produced Excel lists of the source names, contact info and source descriptions which correspond to the source codes (e.g. ME1315).
Sourcing Criteria
The following are the proposed criteria for analyzing both sources and insight.
1. Source Timeliness 2. Source Accessibility/Position 3. Source Availability 4. Insight Credibility 5. Insight Uniqueness
Source Timeliness : This is the average grade on how long this particular source turns around tasks and replies to inquiries. It may change but is more of a static indicator.
Source Accessibility : Accessibility weighs the source’s position to have certain knowledge in a particular field. So, for example, if we are looking for energy insight and the source is an official in an energy agency, his or her Accessibility would be ranked higher than if s/he was a banker giving insight on energy. While we would welcome a banker giving his/her insight, a good source may not have a high accessibility ranking if they aren’t in a position to offer reliable insight on a certain topic. The source’s access to decision makers, specific training or education in the desired topic area, specific knowledge of events/situations/incidents can also be considered.
Source Availability : How often can we go to this source ? Are they someone we can tap daily, weekly, monthly, yearly ?
Insight Credibility : This is our assessment of the veracity of the insight offered. Here we need to consider whether or not this is disinformation, speculation, correct data or knowledgeable interpretation. Any bias that the source is displaying or any specific viewpoints or personal background the source is using in the assessment provided should also be considered.
Insight Uniqueness : Is this insight something that could be found in OS ? If it is but the analysis of the information is unique, it would still have a high uniqueness ranking. Or, if it is concrete data, but is something that is only offered to industry insiders, i.e. stats that aren’t published but that aren’t secret, it would still have a high uniqueness score.
Scoring
All of the above factors will be scored on an A-F scale, with A being exemplary and F being useless.
Source Timeliness : A = turnaround within 24 hours B = turnaround within 48 hours C = turnaround within a week D = turnaround within a month F = lucky to receive a reply at all
Source Accessibility : A = Someone with intimate knowledge of the particular insight B = Someone within the industry but whose knowledge of the topic is not exact (e.g. if we were asking someone in the oil industry about natural gas) C = Someone working close to the industry who doesn’t have intimate knowledge of a particular topic but can speak to it intelligently (e.g. a financial consultant asked to gauge the movement of the stock market) D = Someone who may know a country but doesn’t have any concrete insight into a particular topic but can offer rumors and discussions heard on the topic F = Someone who has no knowledge of a particular industry at all
Source Availability : A = Available pretty much whenever B = Can tap around once a week C = Can tap about once a month D = Can tap only several times a year F = Very limited availability
Insight Credibility : A = We can take this information to the bank B = Good insight but maybe not entirely precise C = Insight is only partially true D = There may be some interest in the insight, but it is mostly false or just pure speculation. F = Likely to be disinformation
Insight Uniqueness : A = Can’t be found anywhere else B = Can only be found in limited circles C = Insight can be found in OS, but the source has an interesting take/analysis D = Insight can be found in OS, but still may not be common knowledge F = Insight is accessible in numerous locations
Daily Insight Scoring
SOURCE : code ATTRIBUTION : this is what we should say if we use this info in a publication, e.g. STRATFOR source/source in the medical industry/source on the ground, etc SOURCE DESCRIPTION : this is where we put the more concrete details of the source for our internal consumption so we can better understand the source’s background and ability to make the assessments in the insight. PUBLICATION : Yes or no. If you put yes it doesn’t mean that we will publish it, but only that we can publish it. SOURCE RELIABILITY : A-F. A being the best and F being the worst. This grades the source overall – access to information, timeliness, availability, etc. In short, how good is this source ? ITEM CREDIBILITY : A-F. A = we can take this info to the bank ; B = Good insight but maybe not entirely precise ; C = Insight is only partially true ; D = There may be some interest in the insight, but it is mostly false or just pure speculation ; F = Likely to be disinformation. SPECIAL HANDLING : often this is “none” but it may be something like, “if you use this we need to be sure not to mention the part about XXX in thepublication” or any other special notes SOURCE HANDLER : the person who can take follow-up questions and communicate with the source.
