Saturday, November 21, 2009

Pentagon Manhunters: America's New Murder, Inc.?

When CIA Director Leon Panetta revealed that for eight years the Agency ran a secret program to hunt down and kill top leaders of the Afghan-Arab database of disposable Western intelligence assets known as al-Qaeda, it set off a political firestorm.

While congressional Democrats and Republicans diverted the public's attention with claims and counterclaims whether or not the Company had "misled" Congress by not disclosing the program's existence, investigative journalist Seymour Hersh reported months earlier that former Vice President Richard Cheney had stood up an "executive assassination ring."

According to Hersh, that fully-operational program was run, not by the CIA, but by the Pentagon's secretive Joint Special Operations Command (JSOC), a subunit attached to United States Special Operations Command (USSOCOM). During a "Great Conversations" event last March at the University of Minnesota, Hersh told the audience:

"Congress has no oversight of it. It’s an executive assassination ring essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths.

"Under President Bush’s authority, they've been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That's been going on, in the name of all of us." (Eric Black, "Investigative reporter Seymour Hersh describes 'executive assassination ring'," MinnPost.com, March 11, 2009)

Old news right? Well, not entirely.

Wired investigative reporter Noah Shachtman revealed November 3, that a report published by the Pentagon's Joint Special Operations University (JSOU), the "educational component" of USSOCOM based at MacDill Air Force Base in Florida, proposed creating a specialized "manhunting" unit with a global reach.

Shachtman writes that its author argues that the CIA "didn't go far enough. Instead, it suggests the American government should set up something like a 'National Manhunting Agency' to go after jihadists, drug dealers, pirates and other enemies of the state."

While not an "official" report, the fact that the monograph, Manhunting: Counter-Network Organization for Irregular Warfare, was written by retired Air Force Lt. Colonel George A. Crawford and published by JSOU, lends added weight to arguments by critics that the United States Government has "gone rogue" and is preparing a planet-wide Operation Condor network to capture or kill imperialism's enemies.

Currently a senior director for Archimedes Global, Inc., Crawford boasts a résumé that includes "operational assignments with special operations and special activities, intelligence collection and analysis, information operations and psychological operations."

The shadowy firm, while short on information describing what it actually does, like many newly-minted intelligence and security outfits in Washington, is chock-a-block with retired spooks and special forces operators cashing-in on the tsunami of public funds fueling the "War on Terror."

According to their web site the company offer services such as "Operations and Research" from "experienced, highly trained people" who possess "unmatched expertise across a number of industries and focus areas."

In the realm of Technology, Archimedes specializes in "Cryptanalysis and Applied Cryptography." Hint, hint, this is what the National Security Agency does when it isn't spying on the American people and building an exploitable database on dissidents destined for "special handling" should the need arise.

The firm's "Information and Risk" brief claims they will solve "the most difficult communication and risk problems by seeing over the horizon with a blend of art and science." And with focus areas that include "strategic communications, media analysis and support, crisis communications, and risk and vulnerability assessment and mitigation," it doesn't take a rocket scientist to infer that those well-schooled in the dark art of psychological operations (PSYOPS) would find a friendly home at Archimedes!

With some 25-years experience "as a foreign area officer specializing in Eastern Europe and Central Asia," including a stint "as acting Air and Defense Attaché to Kyrgyzstan," Crawford brings an interesting skill-set to the table.

A trained interrogator "selected by the commander of United States Special Operations Command (USSOCOM) as an inspector for the Secretary of Defense Interrogation Special Focus Team," one shudders to contemplate what his duties entailed in that capacity.

As the Congressional Research Service (CRS) reported in 2004 in the wake of the Abu Ghraib scandal, with Special Operations Forces (SOF) tasked with "greater responsibility for planning and conducting worldwide counterterrorism operations," systematic human rights violations in Afghanistan and Iraq was just another day at the office.

Intimate with the narcotrafficking, al-Qaeda-linked Kosovo Liberation Army (KLA), JSOU avers that Crawford "personally authored the intelligence plan for military operations in Kosovo and was the lead strategist for developing USSOCOM's advanced intelligence, surveillance, and reconnaissance (ISR) capabilities for counterterrorism operations."

A rather ironic claim considering that right-up to the moment of the 9/11 attacks, as former FBI translator and whistleblower Sibel Edmonds revealed, the United States employed Afghan-Arab veterans of the anti-Soviet jihad for destabilization operations in innumerable global hot spots.

Manhunting: The Return of Operation Condor?

This isn't the first time that America's engagement with "dark actors" involved in "manhunting" as a state-sponsored blood sport led to a devil's pact with torturers, drug dealers and sociopathic fascist killers.

During the 1970s, in the wake of the overthrow of Chile's democratically-elected socialist president, Salvador Allende, the intelligence and security services of several Latin American states, notably Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay launched a secretive program, Operation Condor--with a major assist from the CIA and the Pentagon--that tracked down and murdered leftist opponents.

Operating under the radar, Condor operatives included military personnel, European neofascists, CIA-trained Cuban terrorists and international narcotraffickers who did the "wet work" for their political masters, Latin American oligarchs and their North American allies. Thousands were killed and thousands more "disappeared" into clandestine prisons.

Long Island University political science professor, J. Patrice McSherry, revealed, "U.S. military and intelligence forces were well informed of Condor operations, and the United States played a key covert role in modernizing and extending the Condor apparatus. An Argentine military source told a U.S. Embassy contact in 1976 that the CIA had been deeply involved in setting up computerized links among the intelligence and operations units of the six Condor states."

Indeed, so extensive were these links that "U.S. forces also gave the Condor organization access to the U.S. continental communications system based in the Panama Canal Zone." A declassified 1978 cable from U.S. Ambassador to Paraguay Robert White to the Secretary of State, "revealed that Condor operatives made use of a U.S. facility in the Canal Zone for secret communications and intelligence coordination."

The Pentagon, according to White's declassified cable, provided the narco-linked death squad with the sophisticated electronic means to coordinate global operations.

General Alejandro Fretes Dávalos, commander of Paraguay's armed forces told the ambassador, "that intelligence chiefs from Brazil, Argentina, Chile, Bolivia, Paraguay, and Uruguay used 'an encrypted system within the U.S. telecommunications net[work],' which covered all of Latin America, to 'coordinate intelligence information'."

"Essentially," McSherry wrote, "U.S. military and/or intelligence forces put the official U.S. communications channel at the disposal of Operation Condor. It was a collaboration reflecting high-level executive approval of Condor."

This "high-level executive approval" of an international death squad reflected past--and current--Pentagon thinking that when it comes to killing capitalism's opponents, everything is permitted.

The parallels to contemporary American covert intelligence and military operations in Afghanistan and Pakistan, with their documented linkages to the flourishing international drug trade are striking.

That these moves by Washington to seize the geostrategic high ground vis-à-vis their imperialist rivals, as in Latin America decades earlier, have spawned an unholy alliance with far-right political forces, warlords, religious extremists and drug traffickers, exposes the lie that U.S. military intervention has anything to do with democracy and human rights. Thirty years ago Danish journalist Henrik Krüger observed:

International Fascista was a crucial first step toward fulfilling the dream not only of [SS Col. Otto] Skorzeny, but also of his close friends in Madrid exile, José Lopez Rega, Juan Peron's grey eminence, and Prince Justo Valerio Borghese, the Italian Fascist money man who had been rescued from execution at the hands of the World War II Italian resistance by future CIA counterintelligence whiz James J. Angleton. They, and other Nazi and Fascist powers throughout Europe and Latin America, envisioned a new world order built on a Fascist Iron Circle linking Buenos Aires, Santiago, Lima, La Paz, Brasilia and Montevideo. (Henrik Krüger, The Great Heroin Coup: Drugs, Intelligence, & International Fascism, Boston: South End Press, 1980, p. 210)

Shaped by French unconventional warfare doctrines, U.S. counterinsurgency tactics employed in Southeast Asia, and their own on the ground expertise crushing dissent, the "new professionalism of internal security" deployed by Condor operatives--code for massive repression and unrestrained violence--was directed against the people of Latin America with predictable results.

Eerily prefiguring America's "War on Terror," counterinsurgency "specialist" Roger Trinquier, the author of Modern Warfare and an architect of France's bloody repression during the Algerian anticolonial struggle (1954-1962), averred that counterguerrillas must employ the full range of psychological warfare techniques against the civilian population if victory is to be achieved. This is a thesis to which Crawford returns time and again, particularly as it relates to the covert decapitation of resistance networks by American manhunters.

Fast forward and it becomes all-too-clear that Krüger's "Fascist Iron Circle" didn't disappear with Pinochet's fall from grace; instead, it has morphed into a high-tech killing machine whose tentacles have fanned-out from the Washington Beltway to encircle the globe. Peter Dale Scott, writing on America's descent into a lawless state presciently remarked:

Mafias and empires have certain elements in common. Both can be seen as the systematic violent imposition of governance in areas of undergovernance. Both use atrocities to achieve their ends; but both tend to be tolerated to the extent that the result of their controlled violence is a diminution of uncontrolled violence. I would tentatively suggest an important difference between mafias and empires: that, with the passage of time, mafias tend to become more and more part of the civil society whose rules they once broke, while empires tend to become more and more irreconcilably at odds with the societies they once controlled. ("Deep Events and the CIA's Global Drug Connection," Global Research, September 6, 2008)

Indeed, the "controlled violence" implicit in Crawford's thesis, provides stark confirmation of Scott's analysis that as the imperialist empire unravels it tends "to become more and more irreconcilably at odds" with popular control in a democratic republic.

The Mechanics of Standing Up a Death Squad

In "Unconventional Warfare in the 21st Century," Antifascist Calling revealed last December that USSOCOM had published its definitive doctrine on the subject. Titled Unconventional Warfare, the 248-page document asserted that Unconventional Warfare or UW establishes a "litmus test," namely warfare conducted "by, with or through surrogates" and that their preferred assets are irregular forces:

Irregulars, or irregular forces, are individuals or groups of individuals who are not members of a regular armed force, police, or other internal security force. They are usually nonstate-sponsored and unconstrained by sovereign nation legalities and boundaries. These forces may include, but are not limited to, specific paramilitary forces, contractors, individuals, businesses, foreign political organizations, resistance or insurgent organizations, expatriates, transnational terrorism adversaries, disillusioned transnational terrorism members, black marketers, and other social or political "undesirables." (Army Special Operations Forces, Unconventional Warfare, Field Manual No. 3-05.130, Headquarters, Department of the Army, Washington, DC, 30 September 2008, p. 1-3)

And with an explicitly stated goal to "gain or maintain control or influence over the population and to support that population through political, psychological, and economic methods," the organization that Crawford proposes in Manhunting clearly exists along this UW warfighting continuum.

Manhunting--the deliberate concentration of national power to find, influence, capture, or when necessary kill an individual to disrupt a human network--has emerged as a key component of operations to counter irregular warfare adversaries in lieu of traditional state-on-state conflict measures. It has arguably become a primary area of emphasis in countering terrorist and insurgent opponents. (George A. Crawford, Manhunting: Counter-Network Organization for Irregular Warfare, JSOU Report 09-7, The JSOU Press, Hurlburt Field, Florida, September 2009, p. 1)

In the author's view, a national manhunting agency of necessity, will be a hybrid organization, combining features of a Special Forces small tactical team with those of the FBI's Hostage Rescue Team (HRT), the U.S. Marshals Services' Special Operations Group (USMSSOG) at the federal level, "down to Special Weapons and Tactics (SWAT) teams and fugitive or criminal task forces in most U.S. cities."

In addition to American examples, the author cites New Scotland Yard's Antiterrorist Branch (SO13), Germany's Grenzschutzgruppe (GSG-9), and the French Groupe de Sécurité et d'Intervention de la Gendarmerie Nationale (GIGN) as examples of a combined task force built on the "elite unit concept." Moving on, Crawford recommends Israel's Sayaret Mat'kal, "a special reconnaissance unit within Israel's General Headquarters Intelligence Corps.

Lest readers forget, New Scotland Yard's Antiterrorist Branch, SO13, was the "crack" unit that murdered Jean Claude de Menezes in cold blood on a London subway in 2005.

After an investigation that was little more than a cover-up, it was revealed that de Menezes was entirely innocent and had been mistakenly targeted by SO13's armed wing, SO19, as part of "Operation Kratos," the Met's controversial "shoot-to-kill" program meant to take down suspected terrorists and would-be suicide bombers.

De Menezes was neither, but that didn't stop police from pumping seven bullets into his head.

Tellingly, SO13 was stood up after consultations with Israeli "experts," well-known for their fidelity to human rights, the rule of law and the sanctity of life, as Israel's murderous assault last year on Gaza amply demonstrated.

Acknowledged manhunting masters in their own right, the Israeli settler-colonial security apparat have perfected the art of the "targeted killing," when they aren't dropping banned munitions such as white phosphorus on unarmed and defenseless civilian populations.

Like their Israeli counterparts who come highly recommended as models of restraint, an American manhunting agency will employ similarly subtle, though no less lethal, tactics. Crawford writes:

When compared with conventional force-on-force warfare, manhunting fundamentally alters the ratio between warfare's respective firepower, maneuver, and psychological elements. Firepower becomes less significant in terms of mass, while the precision and discretion with which firepower is employed takes on tremendous significance, especially during influence operations. Why drop a bomb when effects operations or a knife might do? (Crawford, op. cit., p. 11, emphasis added)

Where "influence" and "effects" operations are concerned, secrecy and deceit are the norm and discretion in choosing a "target" is transformed into a morality play with a unique demonstration effect:

If internal security forces arrest a terrorist, it is an act of law enforcement, most often viewed favorably by both the international and domestic communities. If a terrorist is killed in an alley by an unknown assailant, it is an unsolved crime, a crime which may not be deeply investigated if the terrorist has a lengthy rap sheet. Thus it may be preferable to consign terrorist manhunting to intelligence and law enforcement organs and to avoid entanglements caused by crossing manhunting with military or diplomatic functions. Where manhunting is concerned, there may be legal and moral advantage in ambiguity and plausible denial. (Crawford, op. cit., p. 16)

Harken back to Seymour Hersh's description of how Dick Cheney's "executive assassination ring" actually performed in the real world: "they've been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving."

This too, was the precise mechanism employed by Operation Condor assassins across Latin America, Europe and the United States during the 1970s. Small teams of highly-trained, plausibly deniable intelligence officers and assets, including NATO-trained Italian neofascists, Turkish narcotraffickers and CIA-sponsored Cuban exiles carried out a reign of terror against their Southern Cone leftist opponents.

While the 1976 car-bombing in Washington, D.C. that murdered former Chilean Foreign Minister Orlando Letelier and his secretary, Ronni Moffitt, may be the most notorious Condor operation to come to light, dozens if not hundreds of other "catch and snatch" operations were carried out, with a wink-and-a-nod from Washington. Those "disappeared" into Argentine or Chilean dungeons were never to be seen again.

The highly-specialized and compartmented nature of Crawford's manhunting agency would become a permanent feature of America's oxymoronic "War on Terror."

They would be trained in physical, intelligence, and virtual-tracking techniques. The team will also include "shooters," supported by on-call logistics and administrative support. Rather than an ad-hoc task force in the nature of the current law enforcement, Intelligence Community, or DoD operations, manhunting teams would be standing formations, trained to pursue their designated quarry relentlessly for as long as required to accomplish the mission. In cases where action must take place in uncooperative countries, it may be necessary for teams to act unilaterally, with no support or coordination with local authorities, in a manner similar to that employed by Israel's Avner team in response to the Munich Olympics massacre. (Crawford, op. cit., p. 19)

Or I might add, by Pinochet's murderous Dirección de Inteligencia Nacional (National Intelligence Directorate) or DINA. Since intelligence will be central to the proposed national manhunting agency, "sensitive site exploitation (SSE) teams are the second tactical formation needed for manhunting."

As with the actual shooters, SSE teams will be assembled and able to respond on-call "in the event of a raid on a suspect site or to conduct independent 'break-in and search' operations without leaving evidence of their intrusion." Such teams must possess "individual skills" such as "physical forensics, computer or electronic exploitation, document exploitation, investigative techniques, biometric collection, interrogation/debriefing and related skills."

Additionally, "Technical surveillance elements (TSE) or mobile surveillance teams (MST) will be stood up. According to Crawford, "Manhunting will require personnel who are experts at conducting surveillance of particular facilities, personnel, or activities without arousing suspicion or being detected."

They will be taught to blend in unobtrusively into an urban or remote background, often "hiding in plain sight." Some may be skilled at employing technical surveillance devices--wiretaps, video surveillance equipment, or more intrusive devices and methods. They will also be skilled at multiple forms of transportation across international boundaries. Their goal is to maintain surveillance on suspected activity, either confirming or denying hostile intent. Picture in your mind a typical city street scene, with a little old lady walking her dog, the phone repair crew descending into a manhole, two little old men playing an innocent game of checkers, or the homeless person sleeping on the park bench, and you are on the right track. (Crawford, op. cit., p. 21)

As if to drive home the point that the target of these sinister operations are the American people and world public opinion, Crawford, ever the consummate PSYOPS warrior, views "strategic information operations" as key to this murderous enterprise. Indeed, they "must be delicately woven into planned kinetic operations to increase the probability that a given operation or campaign will achieve its intended effect."

Personnel skilled at conducting strategic information operations--to include psychological operations, public information, deception, media and computer network operations, and related activities--are important for victory. Despite robust DoD and Intelligence Community capabilities in this area, efforts to establish organizations that focus information operations have not been viewed as a positive development by the public or the media, who perceive government-sponsored information efforts with suspicion. Consequently, these efforts must take place away from public eyes. Strategic information operations may also require the establishment of regional or local offices to ensure dissemination of influence packages and assess their impact. Thus manhunting influence may call for parallel or independent structures at all levels..." (Crawford, op. cit., pp. 27-28, emphasis added)

This too, follows the Condor model where independently organized "task forces" drawn from a pool of technical specialists operating under deep cover, carried out intense psychological operations that targeted public opinion on the home front, the better to silence anyone who might oppose the "shooters" who did the dirty work.

While "government-sponsored information efforts," i.e. illegal propaganda campaigns aimed at the American people by the secret state are viewed with "suspicion," perhaps Crawford's current employer, Archimedes Global, or dozens of other firms just like it would be better suited to for the "dissemination of influence packages"?

Unlike thirty years ago when Latin American oligarchs relied on CIA-financed publications such as El Mercurio in Chile or La Prensa in Argentina to fan the flames of anti-leftist discord and sow chaos, thus seeding the ground for the horrors that followed the military takeover, Pentagon media operations today still conform to principles enunciated decades earlier.

Indeed, Crawford's "information operations" mirror precisely the chilling discourse of Argentine V Army Corps Commander General Acdel Vilas: "In reality, the only total, integral warfare is cultural warfare. ... What we create in the individual is his mind. ... The fight isn't one to conquer terrain, physically, but to conquer minds. Not to take advantageous physical positions but to mold mental structures in his favor."

As with his forerunners in decades' past, Crawford's manhunting weltanschauung is not conducive to a democratic model of society but rather, to the darkness of a technocratic and immutable fascism servicing America's ruling oligarchy.

Thursday, November 12, 2009

Secret State Demands News Organization's Web Logs, Gets Slapped Down

When the Independent Media Center (IMC) received a formal notice on January 30 from the Department of Justice, demanding they provide an Indianapolis grand jury with "details of all reader visits on a certain day," the feisty left-wing news aggregators fought back, CBS News reported.

Investigative journalist Declan McCullagh revealed that the "change" administration's legal eagles issued an order that required the "Philadelphia-based Indymedia.us Web site 'not to disclose the existence of this request' unless authorized by the Justice Department, a gag order that presents an unusual quandary for any news organization."

Kristina Clair, IndyMedia's Linux administrator, told CBS she was shocked to have received the subpoena with its flawed demand not to disclose its contents.

The subpoena from U.S. Attorney Tim Morrison in Indianapolis demanded "all IP traffic to and from www.indymedia.us" on June 25, 2008. It instructed Clair to "include IP addresses, times, and any other identifying information," including e-mail addresses, physical addresses, registered accounts, and Indymedia readers' Social Security Numbers, bank account numbers, credit card numbers, and so on. (Declan McCullagh, "Justice Dept. Asked for News Site's Visitor Lists," CBS News, November 10, 2009)

Talk about intrusive! While grand jury subpoenas of news organizations and journalists are not unprecedented, under long-standing guidelines these subpoenas are supposed to receive special handling given their sensitive nature, thus ensuring that even the appearance of prior restraint of a journalist's ability to report the news is avoided.

In IndyMedia's case however, DOJ's ham-handed stipulation amounted to government meddling clearly prohibited by the First Amendment. Not that any of this seems to matter to an administration hell-bent on defending--and expanding--every illegal program of the previous regime.

McCullagh writes that one section of the guidelines state that "no subpoena may be issued to any member of the news media" without "the express authorization of the attorney general," in this case, the secret state's newest "best friend forever" Eric Holder.

Indeed, these draconian writs must be "directed at material information regarding a limited subject matter." The government's demand however, for virtually every piece of information held by IndyMedia on their contributors and readers hardly qualifies as "limited" even in today's bizarro world of "national security" driftnet surveillance and data mining.

When queried by CBS as to what criminal investigation prompted their draconian demand for IP addresses "and any other identifying information" on IndyMedia users, U.S. Attorney Tim Morrison emailed CBS with a curt reply: "We Have no comment."

But before proceeding further, let's be clear on one thing: since the 1970s, the federal grand jury system where the prosecutor reigns supreme, has been an instrument wielded by the secret state to target dissent and to ensnare left-wing government critics in open-ended "investigations" whose sole purpose is to harass if not prosecute alleged "troublemakers."

As the late, great defender of civil liberties, Frank Donner, described in his landmark work on America's political intelligence system, during the lawless rampage against the left launched by the Nixon administration:

A new attack [on dissent] would have to be secret, clothed with a more plausible justification than the [red-hunting congressional] committees' claimed legislative purpose, and aimed inwardly at the group and its members.

The White House entrusted the grand jury offensive to the Internal Security Division (ISD) of the Department of Justice. This unit, which had languished during the post-McCarthy years, was now enlarged from a complement of six to sixty as part of a master plan to deploy all available resources against the new dissenters. ...

The secrecy of the grand jury proceeding cloaks abuses. Although secrecy historically served to protect the independence of the grand jury by insulating it from the pressures of the Crown, there can be little doubt that in the Nixon years grand jury secrecy became an instrument of the very evil it was intended to prevent. (Frank Donner, The Age of Surveillance, New York: Alfred A. Knopf, 1980, pp. 355, 357)

Today, with antiwar groups, anarchists, socialists, animal rights and environmental activists clearly focused in the secret state's cross hairs, one can speculate that the DOJ's reticence to reveal what "crime" they were allegedly investigating in all probability related to information surreptitiously obtained by a paid informant or provocateur.

This hypothesis is all the more compelling when one considers that DOJ attorney's threatened Clair with obstruction of justice if she disclosed the existence of the subpoena, claiming it "may endanger someone's health" and would have a "human cost."

But shortly after receiving the onerous warrant Clair's shock turned to anger, and the sysadmin contacted the San Francisco-based civil liberties group, the Electronic Frontier Foundation (EFF), who agreed to take on the government.

On November 9, EFF published a whitepaper outlining the shadowy nature of the secret state's latest moves to subvert our constitutional rights. According to EFF's senior staff attorney Kevin Bankston,

Secrecy surrounds law enforcement's communications surveillance practices like a dense fog. Particularly shrouded in secrecy are government demands issued under 18 U.S.C. § 2703 of the Stored Communications Act or "SCA" that seek subscriber information or other user records from communications service providers. When the government wants such data from a phone company or online service provider, it can obtain a court order under the SCA demanding the information from the provider, along with a gag order preventing the provider from disclosing the existence of the government's demand. More often, companies are simply served with subpoenas issued directly by prosecutors without any court involvement; these demands, too, are rarely made public. ("From EFF's Secret Files: Anatomy of a Bogus Subpoena," Electronic Frontier Foundation, November 9, 2009)

Undeterred by the quickly broken promises of the Obama regime to "restore the rule of law," like their Bushist predecessors, Obama's Justice Department is the golden shield that hides from public view the high crimes and misdemeanors of America's corporatist police state.

Readers of Antifascist Calling are urged to read EFF's well-written analysis. It meticulously dissects the lawless behavior of administration attorneys who, without skipping a beat, attempted to brow-beat a news organization into submission, thus preventing them from doing what they do best: informing the public, not as court stenographers but, as the heroic Israeli journalist Amira Hass has averred by "monitoring the centers of power."

Readers are also urged to read the government's subpoena in its entirety, an exercise in overreaching and a clear violation of the state's own guidelines governing the issuance of these onerous warrants.

Grand jury subpoenas are very easy for the government to get--they are issued directly by prosecutors without any direct court oversight. Therefore, the SCA limits what those subpoenas can obtain, in contrast to a search warrant or other court order. Under the SCA's 18 U.S.C. § 2703(c)(2), grand jury subpoenas can only be used to get basic subscriber-identifying information about a target--e.g., a particular user's name, IP address, physical address or payment details--and certain types of telephone logs; any other records require a court order or a search warrant. ...

However, with the Indymedia subpoena, the government departed from the text of the law and the Justice Department's own sample subpoena by inserting this demand: "Please provide the following information pursuant to [18 U.S.C. § 2703(c)(2)]: All IP traffic to and from www.indymedia.us" for a particular date, including "IP addresses, times, and any other identifying information."

In other words, the government was asking for the IP address of every one of indymedia.us's thousands of visitors on that date--the IP address of every person who read any news story on the entire site. Not only did this request threaten every indymedia.us visitor's First Amendment right to read the news anonymously (particularly considering that the government could easily obtain the name and address associated with each IP address via subpoenas to the ISPs that control those IP blocks), it plainly violated the SCA's restrictions on what types of data the government could obtain using a subpoena. The subpoena was also patently overbroad, a clear fishing expedition: there's no way that the identity of every Indymedia reader of every Indymedia story was relevant to the crime being investigated by the grand jury in Indiana, whatever that crime may be. (EFF, op. cit., emphasis in original)

CBS reported that EFF wrote a series of letters to the DOJ. The first detailed the flaws in the original subpoena while the second pointedly said that if the government needed to muzzle IndyMedia, it should apply for a formal gag order under the relevant section of federal law.

Hardly the sharpest knives in the drawer, DOJ higher-ups quickly caught on and realized that the group was about to challenge the law on First Amendment grounds. At that point, the state backed down and withdrew the subpoena. EFF wrote, "Obviously, that was a fight--and more importantly, a precedent--that the government wanted to avoid."

The lesson here? When the state comes knocking, the first and best line of defense is to seek competent legal advice from the relevant civil liberties' organization.

Handing over information that the government is not legally entitled to, or indeed, answering questions posed by federal investigators trained in subtle interview techniques without an attorney present can--and has--resulted in "obstruction of justice" or a "lying to federal government agents" indictment, a crime under Title 18, United States Code, § 1001. Silence is always an option.

A good place to start learning how to fight back against electronic spying practices is a working familiarity with EFF's excellent handbook "Surveillance Self-Defense."

Thursday, November 5, 2009

Obama Regime: Toss NSA Warrantless Wiretapping Lawsuit

President Barack Obama instructed Justice Department attorneys to argue last week in San Francisco before Federal District Judge Vaughn Walker, that he must toss out the Electronic Frontier Foundation's Shubert v. Bush lawsuit challenging the secret state's driftnet surveillance of Americans' electronic communications.

This latest move by the administration follows a pattern replicated countless times by Obama since assuming the presidency in January: denounce the lawless behavior of his Oval Office predecessor while continuing, even expanding, the reach of unaccountable security agencies that subvert constitutional guarantees barring "unreasonable searches and seizures." EFF senior staff attorney Kevin Bankston wrote:

In a Court filing late Friday night, the Obama Administration attempted to dress up in new clothes its embrace of one of the worst Bush Administration positions--that courts cannot be allowed to review the National Security Agency's massive, well-documented program of warrantless surveillance. In doing so it demonstrated that it will not willingly set limits on its own power and reinforced the need for Congress to step in and reform the so-called 'state secrets' privilege. (Kevin Bankston, "As Congress Considers State Secrets Reform, Obama Admin Tries to Shut Down Yet Another Warrantless Wiretapping Lawsuit," Electronic Frontier Foundation, November 2, 2009)

In June, Judge Walker dismissed EFF's landmark Hepting v. ATT lawsuit, when he ruled that the telecoms enjoyed immunity from liability after the Democratic-controlled Congress rammed through the despicable FISA Amendments Act (FAA) in July 2008.

That law, passed in response to citizen challenges to the state and their corporate partners in crime, granted the Attorney General exclusive power to require dismissal of the lawsuits "if the government secretly certifies to the court that the surveillance did not occur, was legal, or was authorized by the president," the civil liberties' watchdog group wrote in June.

In essence, it is not the co-equal and independent federal Judiciary that determines whether or not a crime has been committed that flaunts constitutional norms but rather, an unchallengeable assertion by an imperial Executive Branch.

As Antifascist Calling has averred many times, this craven capitulation by Congress to the Executive locks in place the statutory machinery for a presidential dictatorship, one where power is wielded with neither transparency nor accountability.

EFF's Jewel v. NSA civil suit, brought on behalf of AT&T customers to halt the firm's ongoing collaboration with the government's illegal surveillance continues--for the moment.

In April however, taking a page from the Bush/Cheney playbook, the Obama administration argued that this lawsuit too, must be dismissed, claiming that should the litigation go forward it would require government disclosure of "privileged state secrets."

Antifascist Calling reported at the time that the Obama administration has argued that under provisions of the disgraceful USA PATRIOT Act, the state is "immune from suit under the two remaining key federal surveillance laws: the Wiretap Act and the Stored Communications Act."

Claiming "sovereign immunity" in practice, this means that under DoJ's ludicrous interpretation of the Orwellian PATRIOT Act, the government can never be held accountable for illegal surveillance under any federal statute. As Salon pointed out:

In other words, beyond even the outrageously broad "state secrets" privilege invented by the Bush administration and now embraced fully by the Obama administration, the Obama DOJ has now invented a brand new claim of government immunity, one which literally asserts that the U.S. Government is free to intercept all of your communications (calls, emails and the like) and--even if what they're doing is blatantly illegal and they know it's illegal--you are barred from suing them unless they "willfully disclose" to the public what they have learned. (Glenn Greenwald, "New and worse secrecy and immunity claims from the Obama DOJ," Salon, April 6, 2009)

The "change" regime's cynical maneuver to have Shubert kicked to the curb is all the more remarkable considering that the Justice Department announced a month earlier that the administration will "impose new limits on the government assertion of the state secrets privilege used to block lawsuits for national security reasons," The New York Times reported.

"Under the new policy," investigative journalist Charlie Savage wrote, "if an agency like the National Security Agency or the Central Intelligence Agency wanted to block evidence or a lawsuit on state secrets grounds, it would present an evidentiary memorandum describing its reasons to the assistant attorney general for the division handling the lawsuit in question."

According to the Times, "if that official recommended approving the request" it would be sent on to a high-level committee comprised of DoJ officials who would be charged "whether the disclosure of information would risk 'significant harm' to national security."

Under the new guidelines, Justice Department officials are supposed to reject the request to deploy the state secrets privilege to quash lawsuits if the Executive Branch's motivation for doing so would "conceal violations of the law, inefficiency or administrative error" or to "prevent embarrassment."

While Holder has claimed DoJ's so-called "high-level committee" has reviewed the relevant material and concluded that disclosure would risk "significant harm" to "national security" if the case went forward, security analyst Steven Aftergood wrote in Secrecy News that "one aspect of the new policy that he did not address was the question of referral of the alleged misconduct to an agency inspector general for investigation."

This is supposed to occur whenever "invocation of the privilege would preclude adjudication of particular claims," as it certainly does in the Shubert litigation, particularly when the "case raises credible allegations of government wrongdoing."

However as Aftergood avers, "somewhat artfully" (although this writer prefers a stronger phrase to describe the Attorney General's actions) "the government denies that any such collection occurred 'under the Terrorist Surveillance Program,' implicitly allowing for the possibility that it may have occurred under some other framework."

What that "other framework" is hasn't been specified; however, in all probability it relates to other NSA above top secret Special Access Programs which haven't come to light.

Whatever the secret state is continuing to do under Obama, a recent piece in InformationWeek provides striking details that it is massive.

The publication reports that the NSA "will soon break ground on a data center in Utah that's budgeted to cost $1.5 billion."

According to InformationWeek, the new facility will "provide intelligence and warnings related to cybersecurity threats, cybersecurity support to defense and civilian agency networks, and technical assistance to the Department of Homeland Security."

The new data center will be located at Camp Williams, a National Guard training facility 26 miles from Salt Lake City in the conservative state of Utah. While providing few details on how NSA will use the 1.5 million square foot center, Glenn Gaffney, a deputy director of intelligence with the Office of the Director of National Intelligence (ODNI), claims that NSA will "protect civil liberties."

"We will accomplish this in full compliance with the U.S. Constitution and federal law and while observing strict guidelines that protect the privacy and civil liberties of the American people," Gaffney said.

As with other pronouncements by intelligence officials, Gaffney's statement should be taken with the proverbial grain of salt.

The New York Times revealed in April and June that the ultra-spooky agency "intercepted private e-mail messages and phone calls of Americans in recent months on a scale that went beyond the broad legal limits established by Congress last year."

Indeed, a former NSA analyst told investigative journalists James Risen and Eric Lichtblau that he was "trained in 2005 for a program in which the agency routinely examined large volumes of Americans' e-mail messages without court warrants."

We do know that NSA's STELLAR WIND and PINWALE intercept programs are giant data mining vacuum cleaners that sift emails, faxes, and text messages of millions of people in the United States. These programs are not, as the Bush and now, the Obama regime mendaciously claim, primarily "targeting al-Qaeda."

As Cryptohippie points out in their analysis of current global surveillance trends, "an electronic police state is quiet, even unseen. All of its legal actions are supported by abundant evidence. It looks pristine."

Answering those who claim they have "nothing to hide," Cryptohippie argues that "state use of electronic technologies to record, organize, search and distribute forensic evidence" is primarily for use "against its citizens."

Indeed, the information gathered by the secret state and stored in huge data warehouses scattered across the country "is criminal evidence, ready for use in a trial," and "it is gathered universally and silently, and only later organized for use in prosecutions."

In an Electronic Police State, every surveillance camera recording, every email you send, every Internet site you surf, every post you make, every check you write, every credit card swipe, every cell phone ping... are all criminal evidence, and they are held in searchable databases, for a long, long time. Whoever holds this evidence can make you look very, very bad whenever they care enough to do so. You can be prosecuted whenever they feel like it--the evidence is already in their database. (Cryptohippie, The Electronic Police State: 2008 National Rankings, no date)

How does this "quiet, pristine" system operate? As AT&T whistleblower Mark Klein revealed in a sworn affidavit that described how the company physically split and copied the traffic that flowed into its offices, NSA was virtually duplicating, sifting and storing the entire Internet. Klein wrote in his self-published book:

What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: e-mail, web browsing, Voice-Over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy. There could not possibly be a legal warrant for this, since according to the 4th Amendment warrants have to be specific, "particularly describing the place to be searched, and the persons or things to be seized." ...

This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in the their secret rooms, the violation has already occurred at the splitter. (Mark Klein, Wiring Up the Big Brother Machine... And Fighting It, Charleston, South Carolina: BookSurge, 2009, pp. 38-39.)

Klein's revelations were confirmed by former NSA analyst and whistleblower Russell Tice, who told MSNBC's Countdown with Keith Olbermann in January that the NSA "had access to all Americans' communications" and spied "24/7" on domestic political activist groups and "U.S. news organizations and reporters and journalists."

In demanding that the independent federal judiciary toss these cases, the Obama administration is asserting a broad interpretation of Executive Branch privileges that caused much outrage and hand-wringing by congressional Democrats--when they were out of power.

Under the "change" regime however, what were once viewed by Democrats and their supporters as prime examples of Bushist lawlessness and contempt for constitutional safeguards, are now deemed vital state secrets that "protect" the American people, even as the capitalist state wages an endless "War on Terror" to seize other people's resources for geostrategic advantage over the competition. As Glenn Greenwald wrote:

That was the principal authoritarian instrument used by Bush/Cheney to shield itself from judicial accountability, and it is now the instrument used by the Obama DOJ to do the same. Initially, consider this: if Obama's argument is true--that national security would be severely damaged from any disclosures about the government's surveillance activities, even when criminal--doesn't that mean that the Bush administration and its right-wing followers were correct all along when they insisted that The New York Times had damaged American national security by revealing the existence of the illegal NSA program? Isn't that the logical conclusion from Obama's claim that no court can adjudicate the legality of the program without making us Unsafe? (Glenn Greenwald, "Obama's latest use of 'secrecy' to shield presidential lawbreaking," Salon, November 1, 2009)

Democrat or Republican, "liberal" or "conservative:" what matters most for all factions in Washington is the defense and preservation of the class privileges of the capitalist elite.

Criminality on such a scale requires that the armed fist of the state is mobilized and ever-vigilant; ready at the nonce to crush anyone who would challenge the prerogatives of our masters.

Saturday, October 31, 2009

The British State Bares its Fangs (Again). Police Rebrand Protesters "Domestic Extremists"

In "Mind Your Tweets: CIA and European Union Building Social Networking Surveillance System," Antifascist Calling explored the trend by security agencies in Europe and the United States to build political dossiers on dissidents by data mining their electronic communications.

Taking a page from America's political police force, the FBI, the British state is beefing-up an ever-growing watch list of "domestic extremists."

As we know, that trend has taken on a Kafkaesque life of its own here in the heimat. Secrecy News reports that during a Q&A last year with the Senate Judiciary Committee, FBI Director Robert S. Mueller told the panel that each day between March 2008 and March 2009, "there were an average of more than 1,600 nominations for inclusion on the [Terrorist] watch list."

With this in mind, The Guardian published a series of extraordinary reports that revealed the mass monitoring of legal political activities by British citizens by the secret state.

Investigative journalists Paul Lewis, Rob Evans and Matthew Taylor provided chilling details how police and corporate spies "are gathering the personal details of thousands of activists who attend political meetings and protests, and storing their data on a network of nationwide intelligence databases."

Are these activists part of a shadowy network of al-Qaeda "sleeper cells" or environmental saboteurs intent on bringing Britain to its knees by targeting critical infrastructure?

Hardly! According to The Guardian, a "hidden apparatus has been constructed to monitor 'domestic extremists'," one that stores this information "on a number of overlapping IT systems, even if they have not committed a crime."

Three national police units responsible for combating domestic extremism are run by the 'terrorism and allied matters' committee of the Association of Chief Police Officers (Acpo). In total, it receives £9m in public funding, from police forces and the Home Office, and employs a staff of 100. (Paul Lewis, Rob Evans and Matthew Taylor, "Police in £9m scheme to log 'domestic extremists'," The Guardian, October 25, 2009)

That's a lot of boodle to spy on antiwar activists, environmentalists, arms' trade opponents and the state's usual suspects--anarchists, socialists and labor militants.

As the journalists point out, the phrase "domestic extremism" is not a lawful term. In fact, the widespread use of the term is a demonstration of how powerful constituencies have perverted law, thus creating their own all-embracing interpretation of the role of protest in a democratic society.

Indeed, senior officers "describe domestic extremists as individuals or groups 'that carry out criminal acts of direct action in furtherance of a campaign. These people and activities usually seek to prevent something from happening or to change legislation or domestic policy, but attempt to do so outside of the normal democratic process'."

Needless to say, that covers a lot of ground and under these fast and loose standards, it is clear that police intelligence agencies and their political masters are seeking to criminalize long-established forms of citizen action such as demonstrations, sit-ins, public meetings and strikes.

Among the newspaper's revelations we discover that the National Public Order Intelligence Unit (NPOIU), housed at a secret London office, is a giant database of "protest groups and protesters in the country."

NPIOU's brief is "to gather, assess, analyse and disseminate intelligence and information relating to criminal activities in the United Kingdom where there is a threat of crime or to public order which arises from domestic extremism or protest activity".

Chock-a-block with information gathered by Special Branch officers, corporate spies and paid infiltrators attached to the Confidential Intelligence Unit, ACPO's national coordinator Anton Setchell told the publication that intelligence collected in England and Wales is shunted to NPIOU which "can read across" all the forces' intelligence and regurgitate what are called "coherent" assessments.

Additionally, Lewis, Evans and Taylor reported:

• Vehicles associated with protesters are being tracked via a nationwide system of automatic number plate recognition (ANPR) cameras.

• Police surveillance units known as Forward Intelligence Teams (FIT) and Evidence Gatherers, record footage and take photographs of campaigners as they enter and leave openly advertised public meetings. These images are entered on force-wide databases so that police can chronicle the campaigners' political activities. The information is added to the central NPOIU.

• Surveillance officers are provided with "spotter cards" used to identify the faces of target individuals who police believe are at risk of becoming involved in domestic extremism. Targets include high-profile activists regularly seen taking part in protests. One spotter card, produced by the Met to monitor campaigners against an arms fair, includes a mugshot of the comedian Mark Thomas.

• NPOIU works in tandem with two other little-known Acpo branches, the National Extremism Tactical Coordination Unit (Netcu), which advises thousands of companies on how to manage political campaigns, and the National Domestic Extremism Team, which pools intelligence gathered by investigations into protesters across the country. (The Guardian, op. cit.)

Why would British police target law-abiding citizens exercising their right to protest the depredations of the capitalist order?

Because they can! With a logic that only a policeman's mother could love, Setchell told The Guardian: "Just because you have no criminal record does not mean that you are not of interest to the police. Everyone who has got a criminal record did not have one once."

And there you have it: Precrime washes up on Blighty's fabled shores!

Merchants of Death and the Secret State: Best Friends Forever!

As if to underscore the point that the business of government in the UK, in the United States, indeed everywhere, is business, the National Extremism Tactical Co-ordination Unit (NETCU) "helps police forces, companies, universities and other bodies that are on the receiving end of protest campaigns."

Created by the Home Office in 2004, NETCU's Superintendent Steve Pearl told The Guardian New Labour was "getting really pressurised by big business--pharmaceuticals in particular, and the banks--that they were not able to go about their lawful business because of the extreme criminal behaviour of some people within the animal rights movement."

But as with all things relating to "security," once our minders get a taste of what can be gleaned by deploying new technologies, mission creep inevitably follows. Seamlessly traversing the narrow terrain between "animal rights' extremism" and environmental campaigners, Pearl told the newspaper that the Green movement has now been brought "more on their radar."

But greens and antiwar activists aren't the only ones making an appearance in the "domestic extremist" database. What with enterprising capitalist grifters, pardon, defense corporations, making a killing on a planet-wide scale, it should come as no surprise that the scandal-tainted arms manufacturer, BAE, would be keen to get a handle on who might object to their grisly trade.

Indeed, one of the "domestic extremists" listed on the police spotter card as "target X" was in fact "an alleged infiltrator from the arms company BAE."

According to The Guardian Martin Hogbin "was national co-ordinator for the Campaign against the Arms Trade. He was later accused of supplying information to a company linked to BAE's security department, but denied the allegation."

With billions of pounds at stake, Europe's largest arms manufacturer continues to be caught-up in a decades' long bribery scandal that spans continents.

And New Labour under Bush's poodle, former Prime Minister Tony Blair and current PM Gordon Brown, have done everything in their power to suppress BAE's prosecution by Britain's Serious Fraud Office. As the World Socialist Web Site reported earlier this month:

Labour has operated a revolving door between powerful companies, financial consultants and Whitehall, under the guise of bringing entrepreneurial expertise into the civil service, giving the major companies enormous lobbying power. Following pressure from BAE, Rolls Royce and Airbus, the government put a stop to the Export Credit Guarantee Department's attempts to introduce stronger anti-bribery measures. It took a judicial review to get them reinstated.

The late Robin Cook, a former foreign secretary, famously wrote in his memoirs, "I came to learn that the chairman of BAE appeared to have the key to the garden door to No 10. Certainly I never knew No 10 to come up with any decision that would be incommoding to BAE." (Jean Shaoul, "Britain: BAE Systems faces prosecution for bribery," World Socialist Web Site, October 5, 2009)

That "revolving door" between the secret state, arms manufacturers and the police campaign against protest is spinning ever faster.

When campaigners from the Smash EDO activist group sought to shut down an arms factory near their home, they were in for a shock.

EDO, an American arms' firm gobbled-up by defense and communications giant ITT Corp. in 2007, reportedly for $1.8 billion according to Washington Technology, pledged to "unite EDO's business with its own sensing and surveillance capabilities."

ITT Corp. ranked No. 11 on the publication's 2009 "Top 100" list of prime federal contractors with some $2.5 billion in total revenue.

ITT is a piece of work itself. According to Anthony Sampson's book The Sovereign State of ITT, one of the first American businessmen to pay homage to Adolf Hitler after the Nazis' 1933 seizure of power was none other than Sosthenses Behn, ITT's powerful CEO.

During the 1970s, the firm funded the far-right newspaper El Mercurio, the CIA's propaganda arm that was instrumental in the overthrow of Chile's democratically-elected socialist president, Salvador Allende. Documents published by The National Security Archive, revealed the close collaboration between ITT and the CIA "to rollback the election of socialist leader Salvador Allende."

But that's all in the past, right? Think again!

Smash EDO avers that "EDO's military products include bomb racks, release clips and arming mechanisms for warplanes. They have contracts with the UK Ministry of 'Defence' and US arms giant Raytheon relating to the release mechanisms of the Paveway bomb system." Needless to say, the firm's "products" have been used in facilitating imperialist massacres of civilian populations in Afghanistan and Iraq.

One can see why EDO and parent ITT would be keen on gagging protesters who object to war crimes.

The Guardian reports that the firm, with the assistance of "Timothy Lawson-Cruttenden (nicknamed TLC by activists) has been accused of gagging protesters' right to demonstrate. The former Household Cavalry officer's favourite legal weapon is the 1997 Protection from Harassment Act. Numerous companies have hired Lawson-Cruttenden and other City lawyers to injunct protesters under the act, a law originally introduced to protect vulnerable women from stalkers."

Under British law, protesters who defy draconian high court injunctions can be jailed for up to five years if they break the terms of the court orders.

Lawson-Cruttenden, who claims to have influenced the drafting of the law, obtained an injunction against Smash EDO in 2005 after the attorney worked with Sussex police to frame a statement that would be beneficial to his client, EDO, which claimed the demonstrators had been "intimidating and harassing" company employees.

But as documents obtained by The Guardian show, Lawson-Cruttenden "developed extensive links with many of the police forces across England and Wales to assist with the policing of injunctions".

Although a high court judge criticized the attorney for obtaining confidential police material, after being hired by EDO he "continued to acquire secret police papers even though the high court judge in the case had ruled that he was not entitled to them, as they were irrelevant."

Undeterred however, Lawson-Cruttenden obtained assistance from "the National Extremism Tactical Co-ordination Unit (Netcu) which targets 'domestic extremists'. The head of Netcu, Superintendent Stephen Pearl, has testified for a number of firms which have obtained injunctions."

The Guardian revealed that private emails "show that Inspector Nic Clay and Jim Sheldrake of Netcu gave Lawson-Cruttenden the names and contact details of officers at two other police forces as he was 'keen' to obtain statements about the activities of the campaigners at a third firm."

Pearl denied that NETCU had provided assistance to EDO and told the newspaper: "Let me make this quite clear: Netcu, or me, were not involved in the EDO injunction in any way."

When his mendacious statement was exposed by a close reading of the documents, in an obvious climb-down a NETCU spokesperson claimed there had been a "misunderstanding" and that the unit "had not given evidence for the injunction." Translation: police had "only" leaked the information to a high-priced corporate attorney who did the dirty work.

The firm lost, the injunction was lifted and the company was forced to pay court costs for the Smash EDO protesters.

Despite this minor victory the secret state, fully in cahoots with giant multinational corporations responsible for the current capitalist economic meltdown, endless imperialist wars of conquest and accelerating environmental destruction will continue to index and target citizens who object to capitalism's systemic criminality.

Saturday, October 24, 2009

Mind Your Tweets: CIA and European Union Building Social Networking Surveillance System

That social networking sites and applications such as Facebook, Twitter and their competitors can facilitate communication and information sharing amongst diverse groups and individuals is by now a cliché.

It should come as no surprise then, that the secret state and the capitalist grifters whom they serve, have zeroed-in on the explosive growth of these technologies. One can be certain however, securocrats aren't tweeting their restaurant preferences or finalizing plans for after work drinks.

No, researchers on both sides of the Atlantic are busy as proverbial bees building a "total information" surveillance system, one that will, so they hope, provide police and security agencies with what they euphemistically call "actionable intelligence."

Build the Perfect Panopticon, Win Fabulous Prizes!

In this context, the whistleblowing web site Wikileaks published a remarkable document October 4 by the INDECT Consortium, the Intelligence Information System Supporting Observation, Searching and Detection for Security of Citizens in Urban Environment.

Hardly a catchy acronym, but simply put INDECT is working to put a human face on the billions of emails, text messages, tweets and blog posts that transit cyberspace every day; perhaps your face.

According to Wikileaks, INDECT's "Work package 4" is designed "to comb web blogs, chat sites, news reports, and social-networking sites in order to build up automatic dossiers on individuals, organizations and their relationships." Ponder that phrase again: "automatic dossiers."

This isn't the first time that European academics have applied their "knowledge skill sets" to keep the public "safe"--from a meaningful exercise of free speech and the right to assemble, that is.

Last year The Guardian reported that Bath University researchers' Cityware project covertly tracked "tens of thousands of Britons" through the installation of Bluetooth scanners that capture "radio signals transmitted from devices such as mobile phones, laptops and digital cameras, and using the data to follow unwitting targets without their permission."

One privacy advocate, Simon Davies, the director of Privacy International, told The Guardian: "This technology could well become the CCTV of the mobile industry. It would not take much adjustment to make this system a ubiquitous surveillance infrastructure over which we have no control."

Which of course, is precisely the point.

As researchers scramble for a windfall of cash from governments eager to fund these dubious projects, European police and security agencies aren't far behind their FBI and NSA colleagues in the spy game.

The online privacy advocates, Quintessenz, published a series of leaked documents in 2008 that described the network monitoring and data mining suites designed by Nokia Siemens, Ericsson and Verint.

The Nokia Siemens Intelligence Platform dubbed "intelligence in a box," integrate tasks generally done by separate security teams and pools the data from sources such as telephone or mobile calls, email and internet activity, bank transactions, insurance records and the like. Call it data mining on steroids.

Ironically enough however, Siemens, the giant German electronics firm was caught up in a global bribery scandal that cost the company some $1.6 billion in fines. Last year, The New York Times described "a web of secret bank accounts and shadowy consultants," and a culture of "entrenched corruption ... at a sprawling, sophisticated corporation that externally embraced the nostrums of a transparent global marketplace built on legitimate transactions."

According to the Times, "at Siemens, bribery was just a line item." Which just goes to show, powering the secret state means never having to say you're sorry!

Social Network Spying, a Growth Industry Fueled by Capitalist Grifters

The trend by security agencies and their corporate partners to spy on their citizens has accelerated greatly in the West since the 9/11 terrorist attacks.

This multi-billion industry in general, has been a boon for the largest American and European defense corporations. Among the top ten companies listed by Washington Technology in their annual ranking of the "Top 100" prime government contractors, all ten--from Lockheed Martin to Booz Allen Hamilton--earned a combined total of $68 billion in 2008 from defense and related homeland security work for the secret state.

And like Siemens, all ten corporations figure prominently on the Project on Government Oversight's Federal Contractor Misconduct Database (FCMD), which tracks "contract fraud, environmental, ethics, and labor violations." Talk about a rigged game!

Designing everything from nuclear missile components to eavesdropping equipment for various government agencies in the United States and abroad, including some of the most repressive regimes on the planet, these firms have moved into manufacturing the hardware and related computer software for social networking surveillance in a big way.

Wired revealed in April that the FBI is routinely monitoring cell phone calls and internet activity during criminal and counterterrorism investigations. The publication posted a series of internal documents that described the Wi-Fi and computer hacking capabilities of the Bureau's Cryptographic and Electronic Analysis Unit (CEAU).

New Scientist reported back in 2006 that the National Security Agency "is funding research into the mass harvesting of the information that people post about themselves on social networks."

And just this week in an exclusive report published by the British high-tech publication, The Register, it was revealed that "the government has outsourced parts of its biggest ever mass surveillance project to the disaster-prone IT services giant formerly known as EDS."

That work is being conducted under the auspices of the Government Communications Headquarters (GCHQ), the British state's equivalent of America's National Security Agency.

Investigative journalist Chris Williams disclosed that the American computer giant HP, which purchased EDS for some $13.9 billion last year, is "designing and installing the massive computing resources that will be needed to analyse details of who contacts whom, when where and how."

Work at GCHQ in Cheltenham is being carried out under "a secret project called Mastering the Internet." In May, a Home Office document surfaced that "ostensibly sought views on whether ISPs should be forced to gather terabytes of data from their networks on the government's behalf."

The Register reported earlier this year that telecommunications behemoth Detica and U.S. defense giant Lockheed Martin were providing GCHQ with data mining software "which searches bulk data, such as communications records, for patterns ... to identify suspects." (For further details see: Antifascist Calling, "Spying in the UK: GCHQ Awards Lockheed Martin £200m Contract, Promises to 'Master the Internet'," May 7, 2009)

It seems however, that INDECT researchers like their GCHQ/NSA kissin' cousins in Britain and the United States, are burrowing ever-deeper into the nuts-and-bolts of electronic social networking and may be on the verge of an Orwellian surveillance "breakthrough."

As New Scientist sagely predicted, the secret state most certainly plans to "harness advances in internet technology--specifically the forthcoming 'semantic web' championed by the web standards organisation W3C--to combine data from social networking websites with details such as banking, retail and property records, allowing the NSA to build extensive, all-embracing personal profiles of individuals."

Profiling Internet Dissent

Pretty alarming, but the devil as they say is in the details and INDECT's release of their "Work package 4" file makes for a very interesting read. And with a title, "XML Data Corpus: Report on methodology for collection, cleaning and unified representation of large textual data from various sources: news reports, weblogs, chat," rest assured one must plow through much in the way of geeky gibberish and tech-speak to get to the heartless heart of the matter.

INDECT itself is a rather interesting amalgamation of spooks, cops and academics.

According to their web site, INDECT partners include: the University of Science and Technology, AGH, Poland; Gdansk University of Technology; InnoTech DATA GmbH & Co., Germany; IP Grenoble (Ensimag), France; MSWiA, the General Headquarters of Police, attached to the Ministry of the Interior, Poland; Moviquity, Spain; Products and Systems of Information Technology, PSI, Germany; the Police Service of Northern Ireland, PSNI, United Kingdom (hardly slouches when it comes to stitching-up Republicans and other leftist agitators!); Poznan University of Technology; Universidad Carlos III de Madrid; Technical University of Sofia, Bulgaria; University of Wuppertal, Germany; University of York, Great Britain; Technical University of Ostrava, Czech Republic; Technical University of Kosice, Slovakia; X-Art Pro Division G.m.b.H, Austria; and finally, the Fachhochschule Technikum, also in Austria.

I don't know about you, but I find it rather ironic that the European Union, ostensible guardians of democracy and human rights, have turned for assistance in their surveillance projects to police and spy outfits from the former Soviet bloc, who after all know a thing or two when it comes to monitoring their citizens.

Right up front, York University's Suresh Manadhar, Ionnis Klapaftis and Shailesh Pandey, the principle authors of the INDECT report, make their intentions clear.

Since "security" as the authors argue, "is becoming a weak point of energy and communications infrastructures, commercial stores, conference centers, airports and sites with high person traffic in general," they aver that "access control and rapid response to potential dangers are properties that every security system for such environments should have."

Does INDECT propose building a just and prosperous global society, thus lessening the potential that terrorist killers or other miscreants will exploit a "target rich environment" that may prove deadly for innocent workers who, after all, were the principle victims of the 2004 and 2007 terrorist outrages in Madrid and London? Hardly.

As with their colleagues across the pond, INDECT is hunting for the ever-elusive technological quick-fix, a high-tech magic bullet. One, I might add, that will deliver neither safety nor security but rather, will constrict the democratic space where social justice movements flourish while furthering the reach of unaccountable security agencies.

The document "describes the first deliverable of the work package which gives an overview about the main methodology and description of the XML data corpus schema and describes the methodology for collection, cleaning and unified representation of large textual data from various sources: news reports, weblogs, chat, etc."

The first order of business "is the study and critical review of the annotation schemes employed so far for the development and evaluation of methods for entity resolution, co-reference resolution and entity attributes identification."

In other words, how do present technologic capabilities provide police, security agencies and capitalist grifters with the ability to identify who might be speaking to whom and for what purpose. INDECT proposes to introduce "a new annotation scheme that builds upon the strengths of the current-state-of-the-art," one that "should be extensible and modifiable to the requirements of the project."

Asserting that "an XML data corpus [can be] extracted from forums and social networks related to specific threats (e.g. hooliganism, terrorism, vandalism, etc.)," the authors claim they will provide "different entity types according to the requirements of the project. The grouping of all references to an entity together. The relationships between different entities" and finally, "the events in which entities participate."

Why stop there? Why not list the ubiquitous "other" areas of concern to INDECT's secret state partners? While "hooliganism, terrorism, vandalism, etc.," may be the ostensible purpose of their "entity attributes identification" project, surely INDECT is well aware that such schemes are just as easily applicable to local citizen groups, socialist and anarchist organizations, or to the innumerable environmental, human rights or consumer campaigners who challenge the dominant free market paradigm of their corporate sponsors.

The authors however, couldn't be bothered by the sinister applications that may be spawned by their research; indeed, they seem quite proud of it.

"The main achievements of this work" they aver, "allows the identification of several types of entities, groups the same references into one class, while at the same time allows the identification of relationships and events."

Indeed, the "inclusion of a multi-layered ontology ensures the consistency of the annotation" and will facilitate in the (near) future, "the use of inference mechanisms such as transitivity to allow the development of search engines that go beyond simple keyword search."

Quite an accomplishment! An enterprising security service or capitalist marketing specialist need only sift through veritable mountains of data available from commercial databases, or mobile calls, tweets, blog posts and internet searches to instantaneously identity "key agitators," to borrow the FBI's very 20th century description of political dissidents; individuals who could be detained or "neutralized" should sterner methods be required.

Indeed, a surveillance scheme such as the one INDECT is building could greatly facilitate--and simplify--the already formidable U.S. "Main Core" database that "reportedly collects and stores--without warrants or court orders--the names and detailed data of Americans considered to be threats to national security," as investigative journalists Tim Shorrock and Christopher Ketchum revealed in two disturbing reports last year.

The scale of "datasets/annotation schemes" exploited by INDECT is truly breathtaking and include: "Automatic Content Extraction" gleaned from "a variety of sources, such as news, broadcast conversations" that identify "relations between entities, and the events in which these participate."

We next discover what is euphemistically called the "Knowledge Base Population (KBP)," an annotation scheme that "focuses on the identification of entity types of Person (PER), Organization (ORG), and Geo-Political Entity (GPE), Location (LOC), Facility (FAC), Geographical/Social/Political (GPE), Vehicle (VEH) and Weapon (WEA)."

How is this accomplished? Why through an exploitation of open source materials of course!

INDECT researchers readily aver that "a snapshot of Wikipedia infoboxes is used as the original knowledge source. The document collection consists of newswire articles on the order of 1 million. The reference knowledge base includes hundreds of thousands of entities based on articles from an October 2008 dump of English Wikipedia. The annotation scheme in KBP focuses on the identification of entity types of Person (PER), Organization (ORG), and Geo-Political Entity (GPE)."

For what purpose? Mum's the word as far as INDECT is concerned.

Nothing escapes this panoptic eye. Even popular culture and leisure activities fall under the glare of security agencies and their academic partners in the latest iteration of this truly monstrous privacy-killing scheme. Using the movie rental firm Netflix as a model, INDECT cites the firm's "100 million ratings from 480 thousand randomly-chosen, anonymous Netflix customers" as "well-suited" to the INDECT surveillance model.

In conclusion, EU surveillance architects propose a "new annotation & knowledge representation scheme" that "is extensible," one that "allows the addition of new entities, relations, and events, while at the same time avoids duplication and ensures integrity."

Deploying an ontological methodology that exploits currently available data from open source, driftnet surveillance of news, broadcasts, blog entries and search results, and linkages obtained through a perusal of mobile phone records, credit card purchases, medical records, travel itineraries, etc., INDECT claims that in the near future their research will allow "a search engine to go beyond simple keyword queries by exploiting the semantic information and relations within the ontology."

And once the scheme is perfected, "the use of expressive logics ... becomes an enabler for detecting entity relations on the web." Or transform it into an "always-on" spy you carry in your pocket or whenever you switch on your computer.

This is how our minders propose to keep us "safe."

CIA Gets In on the Fun

Not to be outdone, the CIA has entered the lucrative market of social networking surveillance in a big way.

In an exclusive published by Wired, we learn that the CIA's investment arm, In-Q-Tel, "want to read your blog posts, keep track of your Twitter updates--even check out your book reviews on Amazon."

Investigative journalist Noah Shachtman reveals that In-Q-Tel "is putting cash into Visible Technologies, a software firm that specializes in monitoring social media. It's part of a larger movement within the spy services to get better at using "open source intelligence"--information that's publicly available, but often hidden in the flood of TV shows, newspaper articles, blog posts, online videos and radio reports generated every day." Wired reported:

Visible crawls over half a million web 2.0 sites a day, scraping more than a million posts and conversations taking place on blogs, online forums, Flickr, YouTube, Twitter and Amazon. (It doesn't touch closed social networks, like Facebook, at the moment.) Customers get customized, real-time feeds of what's being said on these sites, based on a series of keywords. (Noah Shachtman, Exclusive: U.S. Spies Buy Stake in Firm that Monitors Blogs, Tweets," Wired, October 19, 2009)

Although In-Q-Tel spokesperson Donald Tighe told Wired that it wants Visible to monitor foreign social media and give American spooks an "early-warning detection on how issues are playing internationally," Shachtman points out that "such a tool can also be pointed inward, at domestic bloggers or tweeters."

According to Wired, the firm already keeps tabs on 2.0 web sites "for Dell, AT&T and Verizon." And as an added attraction, "Visible is tracking animal-right activists' online campaigns" against meat processing giant Hormel.

Shachtman reports that "Visible has been trying for nearly a year to break into the government field." And why wouldn't they, considering that the heimat security and even spookier black world of the U.S. "intelligence community," is a veritable cash-cow for enterprising corporations eager to do the state's bidding.

In 2008 Wired reports, Visible "teamed-up" with the Washington, DC-based consulting firm "Concepts & Strategies, which has handled media monitoring and translation services for U.S. Strategic Command and the Joint Chiefs of Staff, among others."

According to a blurb on the firm's web site they are in hot-pursuit of "social media engagement specialists" with Defense Department experience and "a high proficiency in Arabic, Farsi, French, Urdu or Russian." Wired reports that Concepts & Strategies "is also looking for an 'information system security engineer' who already has a 'Top Secret SCI [Sensitive Compartmentalized Information] with NSA Full Scope Polygraph' security clearance."

In such an environment, nothing escapes the secret state's lens. Shachtman reveals that the Office of the Director of National Intelligence (ODNI) "maintains an Open Source Center, which combs publicly available information, including web 2.0 sites."

In 2007, the Center's director, Doug Naquin, "told an audience of intelligence professionals" that "'we're looking now at YouTube, which carries some unique and honest-to-goodness intelligence.... We have groups looking at what they call 'citizens media': people taking pictures with their cell phones and posting them on the internet. Then there's social media, phenomena like MySpace and blogs'."

But as Steven Aftergood, who maintains the Secrecy News web site for the Federation of American Scientists told Wired, "even if information is openly gathered by intelligence agencies it would still be problematic if it were used for unauthorized domestic investigations or operations. Intelligence agencies or employees might be tempted to use the tools at their disposal to compile information on political figures, critics, journalists or others, and to exploit such information for political advantage. That is not permissible even if all of the information in question is technically 'open source'."

But as we have seen across the decades, from COINTELPRO to Operation CHAOS, and from Pentagon media manipulation during the run-up to the Iraq war through driftnet warrantless wiretapping of Americans' electronic communications, the secret state is a law unto itself, a self-perpetuating bureaucracy that thrives on duplicity, fear and cold, hard cash.

Sunday, October 18, 2009

Telecom Lobbying, Congress & the National Security State

The bipartisan consensus that encourages unaccountable secret state agencies to illegally spy on the American people under color of a limitless, and highly profitable, "war on terror" was dealt a (minor) blow October 13.

Federal District Court Judge Jeffrey White denied a motion by the Obama administration that the court issue a 30-day stay to "release records relating to telecom lobbying over last year's debate over immunity for corporate participation in government spying," the Electronic Frontier Foundation reported.

The Justice Department had argued that the Bush, and now, the Obama administration's Office of Director of National Intelligence (ODNI) and Congress were exempt from releasing lobbying records under the Freedom of Information Act, since consultations amongst said grifters were protected as "intra-agency" records.

One might add, since the 2001 terrorist attacks on New York and Washington, a well-funded surveillance-industrial-complex fueled by giant defense firms and the telecommunications industry have, as investigative journalist Tim Shorrock reported back in 2005 "fielded armies of lobbyists to keep the money flowing."

White's denial of a motion for a stay followed a startling admission by Department of Justice (DoJ) attorneys that America's telecommunication firms are actually "an arm of the government--at least when it comes to secret spying," Wired reported October 8. The government had argued that:

"The communications between the agencies and telecommunications companies regarding the immunity provisions of the proposed legislation have been regarded as intra-agency because the government and the companies have a common interest in the defense of the pending litigation and the communications regarding the immunity provisions concerned that common interest."

U.S. District Court Judge Jeffery White disagreed and ruled on September 24 that the feds had to release the names of the telecom employees that contacted the Justice Department and the White House to lobby for a get-out-of-court-free card. (Ryan Singel, "Telephone Company Is Arm of Government, Feds Admit in Spy Suit," Wired, October 8, 2009)

EFF had sued the state in order to discover what role telecom lobbyists played in persuading Congress to grant the nation's telecommunications' giants retroactive immunity for their role in illegal spying as part of the Bush, and now, Obama regime's Presidential Spying Program.

If congressional grifters who have reaped serious campaign contributions from deep-pocket telecoms had not granted companies such as AT&T, Sprint, Verizon and other carriers retroactive immunity, potential privacy breaches and claims from EFF's Hepting vs. AT&T, and dozens of other lawsuits, could have potentially cost the firms billions in damages.

A federal district court judge dismissed Hepting in June, ruling that the companies had immunity from liability under provisions of the despicable FISA Amendments Act (FAA).

In dismissing the state's motion for a stay in the telecom lobbying records case, EFF senior staff attorney Kurt Opsahl wrote,

On October 8, the day before the documents were due, the DOJ and ODNI filed an emergency motion asking the Court of Appeals for a 30-day stay while the agencies continue to contemplate an appeal. Around noon on October 9, the Ninth Circuit denied their emergency motion, telling the government it had to file for a motion for a stay pending appeal in the district court first.

Later that afternoon, the government filed again in the federal district court, but once again did not seek a stay pending an actual appeal. Instead, for the third time, the government insisted it could delay the release of telecom lobbying records while it considered the pros and cons of appealing. Briefing was complete by noon today, and Judge White denied the third attempt at delay this afternoon. (Kurt Opsahl, "Federal Court Denies Government Attempt to Delay Release of Telecom Records. Again.," Electronic Frontier Foundation, News Update, October 13, 2009)

Judge White noted that the Obama administration's cynical "directive on transparency in government" applied to "the warrantless wiretapping program" and insisted that the "public interest lies in favor of disclosure" of pertinent lobbying records.

The ruling is all the more remarkable when one considers that Judge White was appointed to the U.S. District Court, Northern District of California, the most civil liberties' friendly court in the nation, by none other than world class war criminal and corrupter-in-chief, George W. Bush.

Corrupting Congress, Subverting the Bill of Rights

Last year, Antifascist Calling reported that the congressional watchdog group, MAPLight, published a list of campaign contributions to congressional Democrats who had changed their votes on FAA's crucial retroactive immunity provision.

Significantly, then congressman and current White House Chief of Staff Rahm Emmanuel, pulled-in some $28,000, "blue dog" Democrat Steny Hoyer "earned" $29,000 while House Speaker Nancy Pelosi, hardly a slouch when it comes to contributions from her "constituents"--grifting capitalists--raked-in $24,500 from the telecoms.

Analyzing the "change of heart" by congressional Democrats between between the March 14, 2008 vote which rejected retroactive immunity and the June 20, 2008 vote approving it, MAPLight researchers discovered that "Verizon, AT&T, and Sprint gave PAC contributions averaging: "$8,359 to each Democrat who changed their position to support immunity for Telcos (94 Dems)" and "$4,987 to each Democrat who remained opposed to immunity for Telcos (116 Dems)."

According to MAPLight: "88 percent of the Dems who changed to supporting immunity (83 Dems of the 94) received PAC contributions from Verizon, AT&T, or Sprint during the last three years (Jan. 2005-Mar. 2008)." The group reported that after the June 20 vote, "Verizon, AT&T, and Sprint gave PAC contributions averaging (for all House members): "$9,659 to each member of the House voting "YES" (105-Dem, 188-Rep)" and "$4,810 to each member of the House voting "NO" (128-Dem, 1-Rep)."

Daniel Newman, MAPLight's Executive Director said at the time: "Campaign contributions bias our legislative system. Simply put, candidates who take positions contrary to industry interests are unlikely to receive industry funds and thus have fewer resources for their election campaigns than those whose votes favor industry interests."

Proving once again, that ours' is the best Congress money can buy.

White House Planning "Limited Hangout"

The saga over the release of secret state documents continues to rage out of public sight, even as the corporate media "reports" for endless hours on the (media manufactured) tale of the Colorado "balloon boy."

So corrupt and degenerated has our political culture become that a simple Google search reveals that as of October 17 there are some 15,000,000 search results available for the term "balloon boy" while only 520,000 hits for the term "EFF warrantless wiretapping."

As Project Censored notes, modern censorship is defined "as the subtle yet constant and sophisticated manipulation of reality in our mass media outlets. On a daily basis, censorship refers to the intentional non-inclusion of a news story--or piece of a news story--based on anything other than a desire to tell the truth. Such manipulation can take the form of political pressure (from government officials and powerful individuals), economic pressure (from advertisers and funders), and legal pressure (the threat of lawsuits from deep-pocket individuals, corporations, and institutions)."

Clearly, the series of lawsuits by EFF and other civil liberties' watchdogs challenging the secret state's pervasive surveillance of the American people is a case study of "intentional non-inclusion" by corporate media.

Nevertheless, the Electronic Frontier Foundation reported October 15, that the Director of National Intelligence and DoJ attorneys "filed yet another emergency motion with the Ninth Circuit, asking for a stay of the deadline to release telecom immunity lobbying documents, less than 24 hours before the documents are due to be released to the public."

According to the government's motion, the Executive Branch has refused to disclose the names of telecom lobbyists and company representatives because, get this, "the agencies ... invoked Exemption 6 [to the Freedom of Information Act] which protects information about individuals whose disclosure 'would constitute a clearly unwarranted invasion of personal privacy'." It doesn't get any cheekier than that even by cynical Washington standards!

DoJ attorneys once again, have resurrected that old chestnut--national security--to conceal the identities of telecom shills and the politicians who do their bidding, claiming that "disclosure of such information would assist our adversaries in drawing inferences about whether certain telecommunications companies may or may not have assisted the government in intelligence-gathering activities."

In other words, the public's right to know how our rights are being systematically violated--and who profits--is, by inference, another "tool" that will allow al-Qaeda to kidnap your kids, impose sharia law and detonate a nuke in Wichita!

Indeed, the secret state's new motion avers that "disclosure of the identities of those individuals and entities that may have assisted, or in the future may assist, the government with intelligence activities could impede the government's ability to gather intelligence information."

Meanwhile, Politico reported that the Obama administration "may be on the verge of a major concession in a long-running legal battle over records about so-called telecom immunity."

A leaked email to the publication, probably by a friendly source inside the White House, reveals that the administration is preparing for "the possible release of some details of the Bush Administration's lobbying for legislation giving telecommunications companies immunity from lawsuits over their involvement in warrantless domestic wiretapping." (emphasis added)

However, the devil as they say, is in those closely-guarded details. Politico reports that the administration will continue its legal battle "to keep secret the identities of the companies involved in the program." In other words having lost in the court's, the administration will move into damage control mode by disclosing a few insignificant "facts" as it camouflages the scope of these illegal programs and continues to conceal the identities of telecom lobbyists and their congressional partners in crime from public scrutiny.

This is nothing less than an updated version of a classic Washington "limited hangout." The Obama administration's Justice Department, similar to President Nixon's sacrificial offering of close advisers to congressional investigators at the height of the Watergate scandal, will leverage these paltry "facts" into an opportunity to appear "transparent," even as it continues to obfuscate, delay and deny; thus continuing the cover-up.

House legal counsel Irv Nathan informed relevant congressional committees that the White House Counsel's Office agreed to "provide lawmakers and their staffs with copies of the records being prepared for release in connection with a Freedom of Information Act lawsuit brought by an internet-focused civil liberties group, the Electronic Frontier Foundation."

Politico reported that "the move could also be a litigating tactic to surrender some of the less sensitive information in the case in order to bolster the government's credibility for a determined attempt to protect the most sensitive data: the names of the companies which were seeking immunity."

According to Nathan, the Justice Department plans "to renew its motion for a stay in the Court of Appeals limited to a very small number of documents, not including the communications with Congress."

Among the details leaked to Politico, Nathan wrote House leaders: "We understand that there are few, if any, communications from Members that are in the materials. ... We have been previously advised that there is nothing very disturbing or embarrassing in these particular communications, but a generalized worry about the precedent this sets for future inter-branch communications." (emphasis added)

Unfortunately, neither Mr. Nathan nor Politico have revealed what might prove "very disturbing or embarrassing" to members of Congress in the documents the Obama administration plans to withhold.

If past lobbying practices are a signpost for the present, one can hazard an informed guess and conclude that Congress and their Executive Branch counterparts have much to hide.

According to the Center for Responsive Politics OpenSecrets.org database, lobbying by the Telecom Service & Equipment sector, the Telephone Utilities sector and the Computer/Internet sector amounted to hundreds of millions of dollars paid out to congressional grifters between 1998-2009.

Indeed, the "big four" firms caught-up in the warrantless wiretapping scandal have showered Congress with millions in payouts. According to OpenSecrets.org, AT&T contributed some $8,191,618; Verizon Communications showered some $6,830,000; Qualcomm Inc. handed over $3,080,000; Qwest Communications $1,829,542 and Sprint/Nextel coughed-up some $1,306,000 to "our" representatives. By any standard, this is serious money by powerful constituencies not to be trifled with.

Like their Republican colleagues across the aisle, the Democrats have operated a revolving door between powerful corporations, financial institutions and secret state agencies, under the guise of bringing entrepreneurial expertise into government and "security" for our nation's citizens.

They do neither.

Something as trivial as the rights of the American people to speak their minds, protest endless imperialist wars of aggression, the looting of the economy and the degradation of the environment for profit will however, continue to come under the lens of an out-of-control national security state committed to facilitating the greasing of various palms well into the future.