Appeals Court to Weigh NSA Dragnet Surveillance

August 30th, 2011

Via: Wired:

Whether the federal government and the nation’s telecommunication companies can be held accountable for allegedly funneling every American’s electronic communication to the National Security Agency without warrants is the subject of oral arguments scheduled for a federal appeals court Wednesday.

At issue is a Jan. 31, 2006 lawsuit, and others that followed, alleging violations of the Fourth Amendment right to be free from warrantless searches and seizures. The cases, about three dozen which will be consolidated into two oral arguments, have been thrown out of court on a variety of grounds, chiefly the government’s claim that the lawsuits would expose state secrets, and a 2008 law that immunized the nation’s telcos from such lawsuits.

Nearly six years later, the merits of the lawsuits have never been addressed. The Electronic Frontier Foundation, which brought the leading cases, appealed, and contends that the litigation should never have been dismissed.

“As far as we know the surveillance is ongoing,” says Cindy Cohn, the EFF’s legal director, who will be arguing before a three-judge panel of the 9th U.S. Circuit Court of Appeals in Seattle. “I think it is tremendously important that Americans not be subject to dragnet surveillance by the government. I think the Fourth Amendment, the right to privacy, is important for this country.”

Threat Level will cover the arguments from the courtroom Wednesday afternoon. The hearing is expected to begin at 2:00 p.m. and last at least two hours.

The Obama administration is set to urge the court to let stand the lower-court decisions dismissing the lawsuits. What’s more, the government contends, litigation against the government and the telcos must die because it threatens to expose government secrets and undermine national security.

“Congress made a legislative policy judgment that, if litigation of this kind were permitted to proceed, firms that may have assisted the nation at a critical time would be improperly burdened and sensitive classified information might be improperly disclosed,” Thomas Bondy, a Justice Department attorney, told the appeals panel in a court brief.

The EFF’s allegations are based in part on internal AT&T documents allegedly outlining secret rooms in AT&T offices that route internet traffic to the NSA. Every major telecom carrier in the United States is now named in at least one of the surveillance lawsuits for allegedly cooperating with the government’s warrantless surveillance program.

The Bush administration, and now the Obama administration, have neither admitted nor denied the allegations. Instead, they have declared the issue a state secret — one that would undermine the nation’s national security if exposed.

Related: Mark Klein


Norwegian Police Conducted Drill for ‘Practically Identical Scenario’ Right Before Utoya Attack

August 29th, 2011

Update: English Translation

J, a Danish Cryptogon reader, with family connections to Norway, kindly sent this translation. He says that native Norwegian speakers may find issues with it. Thank you, J, we appreciate your effort.

—

//Trained for Utøya scenario July 22

Only hours before Anders Behring Breivik began shooting children on Utøya, the
police emergency squad concluded an exercise where they practiced an almost
identical situation.

Ray: – The police were interested in British cells

The trial of Behring Breivik might be conducted in the Oslo Courthouse

The police wanted to sell the boat that had experienced engine failure en route to
Utøya

Four days in advance, and also the same Friday the attack was carried out, the
police special unit trained on an ongoing terror campaign that was approximately
equal to the situation that hours later, met the 22 police officers within the
emergency squad on Utøya.

//Aftenposten have confirmation from key sources in the Oslo police management that
the exercise was terminated at 3PM that very Friday.

All officers from the emergency squad that participated in the government quarter
after the car bomb and later came ashore on Utøya, arresting Anders Behring Breivik,
had earlier that same day and in the days ahead participated in training on an
identical scenario.

The police barely completed the exercise, before what they had been training for,
became reality.

As far as Aftenposten has been informed, the training transcended directly into what
the policed then faced in the Tyrifjord that very day; a mobile terror attack, in
which one or more perpetrators only goal was to shoot as many people as possible and
then shoot the police when they arrived.

– It was very close to facit. Chance would have it that way, says a key police
source, who declined to quoted by name.

//Massacre

The police did not train on a scenario including as many victims as they met on Utøya.

The police special unit trains continuously. But every quarter, they have “sections”
where they train for different types of scenarios.

These are different scenarios police envisions might occur where the emergency squad
must be inserted. There may be actions indoors, in cities or outside in other
environments.

According to police, this is a scenario they train on several times a year and has
trained for, for several years, especially after specific events in other countries.

//26 minutes

Only 26 minutes after the emergency squad´s training had concluded, the car bomb
went off in the government quarter. The Emergency Squad arrived early on the scene.

At 3.30PM, the staff at the Oslo police learned about a shooting at Utøya. They put
so much trust in the the message, that the emergency squad entered the cars, already
positioned in the government quarter and cars that came from the police station at
Grønland in Oslo.

On the way they had problems contacting the North Buskerud Police District, but at
6.02PM, six minutes before they arrived, they established contact and agreed to meet
at Storøya.

Once there, seven people from the emergency squad and three police officers from
Nordre Buskerud Police District boarded a 4.9 meter long rubber dinghy. This was so
heavily loaded that it began taking in water. The police were assisted by a civilian
boat and sailed towards Utøya.

—End Update—

If anyone from Norway would like to send in a reliable English translation of this Aftenposten piece, I’d appreciate it.

Via: Northern Trumpet:

Just hours before Anders Behring Breivik launched his deadly attack at a political summer camp on Utoya island on July 22, police had conducted a drill for a “practically identical scenario”, Norwegian newspaper Aftenposten reports.

Sources within the top level management of the police in Oslo have confirmed to Aftenposten that the drill finished at 15:00 that same Friday. The bomb attributed to Breivik went off only 26 minutes after the anti-terror drill finished, according to officials.

According to Aftenposten all of the officers from the anti-terror unit who took part in the action and arrest of Breivik had a full week training on a mobile terrorist attack scenario in which one or more perpetrators only goal is to shoot as many people as possible and then shoot the police when they arrive.

“Chance would have it that way”, a key police source who wishes to remain anonymous, told Aftenposten.

Related: Google Translation of Aftenposten Article


The Yearly Bill for The Pentagon’s No-Bid Contracts: $140 Billion

August 29th, 2011

Mission Accomplished.

Via: Wired:

The bomb fighting contract is a small example of a problem that’s been exacerbated by ten years of war: awarding contracts without competition. While Pentagon statistics say the overall level of competition has remained steady during the past decade, publicly available data show that Defense Department dollars flowing into non-competitive contracts have almost tripled since the terrorist attacks of 9/11. According to analysis by the Center for Public Integrity’s iWatch News, the value of Pentagon contracts awarded without competition topped $140 billion in 2010, up from $50 billion in 2001. That’s almost 40 percent of all Pentagon contract dollars.


Battle for the California Desert: Why is the Government Driving Folks off Their Land?

August 29th, 2011

No mortgage: Check.

Not paying utility companies: Check.

Agenda 21?

In any event, this definitely isn’t a new phenomenon. Twenty years ago, I knew people who were playing cat and mouse with code enforcement nonsense way, way further out in that bone dry wasteland than Antelope Valley, which is a built-up metropolis compared to what that desert becomes further to the east.

Via: Reason.tv:

The Antelope Valley is a vast patch of desert on the outskirts of Los Angeles County, and a segment of the few rugged individualists who live out there increasingly are finding themselves the targets of armed raids from local code enforcement agents, who’ve assembled into task forces called Nuisance Abatement Teams (NATs).

The plight of the Valley’s desert dwellers made regional headlines when county officials ordered the destruction of Phonehenge: a towering, colorful castle constructed out of telephone poles by retired phone technician Kim Fahey. Fahey was imprisoned and charged with several misdemeanors.

But Fahey is just one of many who’ve been targeted by the NATs, which were assembled at the request of County Supervisor Mike Antonovich in 2006. LA Weekly reporter Mars Melnicoff wrote an in-depth article in which she exposed the county’s tactic of badgering residents with minor, but costly, code violations until they face little choice but to vacate the land altogether.

“They’re picking on the the people who are the most defenseless and have the least resources,” says Melnicoff.


Scared Mexicans Turn to Bogus Tracking Chip Implants

August 29th, 2011

Via: Washington Post:

Of all the strange circumstances surrounding the violent abduction last year of Diego Fernandez de Cevallos, the Mexican power broker and former presidential candidate known here as “Boss Diego,” perhaps nothing was weirder than the mysterious tracking chip that the kidnappers allegedly cut from his body.

Lurid Mexican media accounts reported that an armed gang invaded Fernandez’s home, sliced open his arm with a pair of scissors and extracted a satellite-enabled tracking device, leaving the chip and a streak of blood behind.

Fernandez was freed seven months later with little explanation, but the gruesome details of his crude surgery have not dissuaded thousands of worried Mexicans from seeking out similar satellite and radio-frequency tracking products — including scientifically dubious chip implants — as abductions in the country soar.

…

In recent years, all manner of Mexican media reports have featured the chips, with some estimating that as many as 10,000 people are walking around with the implants. Even former Attorney General Rafael Macedo told reporters in 2004 that he had a chip embedded “so that I can be located at any moment wherever I am.”

That’s pure science fiction – a sham – say RFID researchers and engineers in the United States. Any device that could communicate with satellites or even the local cellular network would need a battery and sizable antenna, like a cellphone, they say.

“It’s nonsense,” said Mark Corner, an RFID researcher at the University of Massachusetts.

Xega executives declined to respond to questions about the specifications of their products, citing security protocols. When pressed, Kuri acknowledged that a Xega implant would be essentially useless unless the client carried the GPS-enabled transmitter – meaning the chip might bring psychological security but little practical benefit for a rescue operation.


Pentagon Has Paid $720 Million in Late Fees for Storage Containers Since 2001

August 29th, 2011

Via: USA Today:

The Pentagon has spent more than $720million since 2001 on fees for shipping containers that it fails to return on time, according to data and contracts obtained by USA TODAY.

The containers — large metal boxes stowed on ships and moved from port on trucks — are familiar sights on bases in Iraq and Afghanistan where troops use them for storage, shelter and building material. Yet each 20-foot container returned late can rack up more than $2,200 in late fees. Shipping companies charge the government daily “container detention fees” after the grace period ends for the box to be returned.


Artist’s Depiction of a Bank on Fire Drew Attention L.A. Police

August 29th, 2011

Via: Los Angeles Times:

Alex Schaefer’s depiction of a Chase branch going up in flames drew the attention of L.A. police, who asked if he was a terrorist. He said the work was a metaphor for the havoc banking practices have caused the economy.

Standing before an easel on a Van Nuys sidewalk, Alex Schaefer dabbed paint onto a canvas.

“There you have it,” he said. “Inflammatory art.”

The 22-by-28-inch en plein air oil painting is certainly hot enough to inflame Los Angeles police.

Twice they’ve come to investigate why the 41-year-old Eagle Rock artist is painting an image of a bank building going up in flames.

Schaefer had barely added the orange-and-yellow depiction of fire shooting from the roof of a Chase Bank branch when police rolled up to the corner of Van Nuys Boulevard and Sylvan Street on July 30.

“They told me that somebody had called and said they felt threatened by my painting,” Schaefer said.

“They said they had to find out my intention. They asked if I was a terrorist and was I going to follow through and do what I was painting.”

No, Schaefer said. He explained that the artwork was intended to be a visual metaphor for the havoc that banking practices have caused to the economy.

A terrorist certainly would not spend hours on a public sidewalk creating an oil painting of his intended target, he told the officers.

The police took down his name, address and telephone number on a form — Schaefer declined to provide his Social Security number — and departed.

“They were friendly. They weren’t intimidating,” he said. “I figured that when they left, they probably decided the episode was stupid and they’d just wad up the form and throw it away.”

Wrong. On Tuesday, two more officers showed up at Schaefer’s home. This time they were plainclothes detectives.

“One of them asked me, ‘Do you hate banks? Do you plan to do that to the bank?’ ” Schaefer again explained what his painting symbolizes.

…

Schaefer said he has been surprised by the hubbub his burning bank has caused.

“I’ve only had two experiences with the police in my life, and these were both of them,” he said. “I have this feeling I’ll get different treatment at airports from now on.”

Related: Long Beach Police Department Claims Authority to Detain People for Taking Pictures “With No Apparent Aesthetic Value”

Research Credit: minerva


4 Million People Without Power in Northeastern U.S.

August 28th, 2011

Via: CNN:

Trees toppled and streets flooded Sunday morning as Irene lashed some of the biggest cities in the Northeast with wind gusts and torrential rains.

Even as Irene weakened to a tropical storm, authorities in the region warned that its impact was not waning.

“We’re not out of the woods yet. Irene remains a large and potentially dangerous storm,” U.S. Homeland Security Secretary Janet Napolitano told reporters.

Officials said the storm had knocked out power to more than 4 million people and was responsible for at least 15 deaths in six states.


The Slow Disappearance of the American Working Man

August 27th, 2011

What’s the solution? Hmm.

War: Now Even Better for Wiping Out Excess Men (and Women and Children and Elderly). Buy Now!

Via: Business Week:

A smaller share of men have jobs today than at any time since World War II

As President Barack Obama puts together a new jobs plan to be revealed shortly after Labor Day, he is up against a powerful force, long in the making, that has gone virtually unnoticed in the debate over how to put people back to work: Employers are increasingly giving up on the American man.

If that sounds bleak, it’s because it is. The portion of men who work and their median wages have been eroding since the early 1970s. For decades the impact of this fact was softened in many families by the increasing number of women who went to work and took up the slack. More recently, the housing bubble helped to mask it by boosting the male-dominated construction trades, which employed millions. When real estate ultimately crashed, so did the prospects for many men. The portion of men holding a job—any job, full- or part-time—fell to 63.5 percent in July—hovering stubbornly near the low point of 63.3 percent it reached in December 2009. These are the lowest numbers in statistics going back to 1948. Among the critical category of prime working-age men between 25 and 54, only 81.2 percent held jobs, a barely noticeable improvement from its low point last year—and still well below the depths of the 1982-83 recession, when employment among prime-age men never dropped below 85 percent. To put those numbers in perspective, consider that in 1969, 95 percent of men in their prime working years had a job.

Men who do have jobs are getting paid less. After accounting for inflation, median wages for men between 30 and 50 dropped 27 percent—to $33,000 a year— from 1969 to 2009, according to an analysis by Michael Greenstone, a Massachusetts Institute of Technology economics professor who was chief economist for Obama’s Council of Economic Advisers. “That takes men and puts them back at their earnings capacity of the 1950s,” Greenstone says. “That has staggering implications.”


Irene: Utilities Bracing for Widespread Power Outages

August 26th, 2011

Via: AP:

Hurricane Irene’s strong winds and heavy rains threaten to deliver long-lasting power outages to millions of customers along the East Coast, utility officials and weather forecasters say.

An unusually large number of people may be affected by Irene because it is forecast to stay just offshore — and thus retain much of its power — as it inches up the coast from North Carolina to New England. When a hurricane hits land, it quickly loses steam.

High winds are the biggest threat to utility wires and poles. Recent heavy rains in the region have made trees even more vulnerable to toppling over. Flooding can cause problems for power plants, which are often located near rivers or other bodies of water.

The path and strength of the storm is still uncertain. However, utilities are preparing for the possibility that outages will be widespread and lengthy.


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