cryptogon.com

Rep. Jerrold Nadler, a New York Democrat, disclosed this week that during a secret briefing to members of Congress, he was told that the contents of a phone call could be accessed “simply based on an analyst deciding that.”

If the NSA wants “to listen to the phone,” an analyst’s decision is sufficient, without any other legal authorization required, Nadler said he learned. “I was rather startled,” said Nadler, an attorney and congressman who serves on the House Judiciary committee.

Not only does this disclosure shed more light on how the NSA’s formidable eavesdropping apparatus works domestically, it also suggests the Justice Department has secretly interpreted federal surveillance law to permit thousands of low-ranking analysts to eavesdrop on phone calls.

Because the same legal standards that apply to phone calls also apply to e-mail messages, text messages, and instant messages, Nadler’s disclosure indicates the NSA analysts could also access the contents of Internet communications without going before a court and seeking approval.

The disclosure appears to confirm some of the allegations made by Edward Snowden, a former NSA infrastructure analyst who leaked classified documents to the Guardian. Snowden said in a video interview that, while not all NSA analysts had this ability, he could from Hawaii “wiretap anyone from you or your accountant to a federal judge to even the president.”

There are serious “constitutional problems” with this approach, said Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation who has litigated warrantless wiretapping cases. “It epitomizes the problem of secret laws.”

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For the first time, all of America’s ‘friends’ in the region are Sunni Muslims and all of its enemies are Shiites. Breaking all President Barack Obama’s rules of disengagement, the US is now fully engaged on the side of armed groups which include the most extreme Sunni Islamist movements in the Middle East.

“It’s not unlike Sherlock Holmes and the dog that didn’t bark,” said Jean Pascal Zanders, a leading expert on chemical weapons who until recently was a senior research fellow at the European Union’s Institute for Security Studies. “It’s not just that we can’t prove a sarin attack, it’s that we’re not seeing what we would expect to see from a sarin attack.”

Foremost among those missing items, Zanders said, are cellphone photos and videos of the attacks or the immediate aftermath.

The IRS, under heavy pressure to help Washington out of its budget quagmire by chasing down an estimated $300 billion in revenue lost to evasions and errors each year, will start using “robo-audits” of tax forms and third-party data the IRS hopes will help close this so-called “tax gap.” But the agency reveals little about how it will employ its vast, new network scanning powers.

Tax lawyers and watchdogs are concerned about the sweeping changes being implemented with little public discussion or clear guidelines, and Congressional staff sources say the IRS use of “big data” will be a key issue when the next IRS chief comes to the Senate for approval. Acting commissioner Steven T. Miller replaced Douglas Shulman last November.

There are many terrestrial challenges to Internet connectivity—jungles, archipelagos, mountains. There are also major cost challenges. Right now, for example, in most of the countries in the southern hemisphere, the cost of an Internet connection is more than a month’s income.

Once the NSA has an inbox, it can search its huge archives for information about everyone with whom the target communicated. All those people can be investigated, too.

That’s one example of how emails belonging to Americans can become swept up in the hunt.

In that way, Prism helps justify specific, potentially personal searches. But it’s the broader operation on the Internet fiber optics cables that actually captures the data, experts agree.

“I’m much more frightened and concerned about real-time monitoring on the Internet backbone,” said Wolf Ruzicka, CEO of EastBanc Technologies, a Washington software company. “I cannot think of anything, outside of a face-to-face conversation, that they could not have access to.”

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Some of Snowden’s emphases seem to serve an intelligence/police state objective, rather than to challenge them.

a) He is super-organized, for a whistleblower, in terms of what candidates, the White House, the State Dept. et al call ‘message discipline.’ He insisted on publishing a power point in the newspapers that ran his initial revelations. I gather that he arranged for a talented filmmaker to shoot the Greenwald interview. These two steps — which are evidence of great media training, really ‘PR 101? — are virtually never done (to my great distress) by other whistleblowers, or by progressive activists involved in breaking news, or by real courageous people who are under stress and getting the word out. They are always done, though, by high-level political surrogates.

b) In the Greenwald video interview, I was concerned about the way Snowden conveys his message. He is not struggling for words, or thinking hard, as even bright, articulate whistleblowers under stress will do. Rather he appears to be transmitting whole paragraphs smoothly, without stumbling. To me this reads as someone who has learned his talking points — again the way that political campaigns train surrogates to transmit talking points.

c) He keeps saying things like, “If you are a journalist and they think you are the transmission point of this info, they will certainly kill you.” Or: “I fully expect to be prosecuted under the Espionage Act.” He also keeps stressing what he will lose: his $200,000 salary, his girlfriend, his house in Hawaii. These are the kinds of messages that the police state would LIKE journalists to take away; a real whistleblower also does not put out potential legal penalties as options, and almost always by this point has a lawyer by his/her side who would PROHIBIT him/her from saying, ‘come get me under the Espionage Act.” Finally in my experience, real whistleblowers are completely focused on their act of public service and trying to manage the jeopardy to themselves and their loved ones; they don’t tend ever to call attention to their own self-sacrifice. That is why they are heroes, among other reasons. But a police state would like us all to think about everything we would lose by standing up against it.

d) It is actually in the Police State’s interest to let everyone know that everything you write or say everywhere is being surveilled, and that awful things happen to people who challenge this. Which is why I am not surprised that now he is on UK no-fly lists – I assume the end of this story is that we will all have a lesson in terrible things that happen to whistleblowers. That could be because he is a real guy who gets in trouble; but it would be as useful to the police state if he is a fake guy who gets in ‘trouble.’

e) In stories that intelligence services are advancing (I would call the prostitutes-with-the-secret-service such a story), there are great sexy or sex-related mediagenic visuals that keep being dropped in, to keep media focus on the issue. That very pretty pole-dancing Facebooking girlfriend who appeared for, well, no reason in the media coverage…and who keeps leaking commentary, so her picture can be recycled in the press…really, she happens to pole-dance? Dan Ellsberg’s wife was and is very beautiful and doubtless a good dancer but somehow she took a statelier role as his news story unfolded…

f) Snowden is in Hong Kong, which has close ties to the UK, which has done the US’s bidding with other famous leakers such as Assange. So really there are MANY other countries that he would be less likely to be handed over from…

g) Media reports said he had vanished at one point to ‘an undisclosed location’ or ‘a safe house.’ Come on. There is no such thing. Unless you are with the one organization that can still get off the surveillance grid, because that org created it.

h) I was at dinner last night to celebrate the brave and heroic Michael Ratner of the Center for Constitutional Rights. Several of Assange’s also brave and talented legal team were there, and I remembered them from when I had met with Assange. These attorneys are present at every moment when Assange meets the press — when I met with him off the record last Fall in the Ecuadoran embassy, his counsel was present the whole time, listening and stepping in when necessary.

Seeing these diligent attentive free-speech attorneys for another whisleblower reinforced my growing anxiety: WHERE IS SNOWDEN’S LAWYER as the world’s media meet with him? A whistleblower talking to media has his/her counsel advising him/her at all times, if not actually being present at the interview, because anything he/she says can affect the legal danger the whistleblower may be in . It is very, very odd to me that a lawyer has not appeared, to my knowledge, to stand at Snowden’s side and keep him from further jeopardy in interviews.

Again I hate to cast any skepticism on what seems to be a great story of a brave spy coming in from the cold in the service of American freedom. And I would never raise such questions in public if I had not been told by a very senior official in the intelligence world that indeed, there are some news stories that they create and drive — even in America (where propagandizing Americans is now legal). But do consider that in Eastern Germany, for instance, it was the fear of a machine of surveillance that people believed watched them at all times — rather than the machine itself — that drove compliance and passivity. From the standpoint of the police state and its interests — why have a giant Big Brother apparatus spying on us at all times — unless we know about it?